PAPER E2

Purpose : For Decision

Committee :    EXECUTIVE

Date :              2 JULY 2002

Title :              RIGHT OF WAY, BOWLING GREEN LANE, TOTLAND

PORTFOLIO HOLDER - RESOURCES

SUMMARY/PURPOSE

The Council is being recommended to formalise a right of way over the track leading to Totland Recreation Ground and use the consideration to repair this roadway.

BACKGROUND

The roadway known as Bowling Green Lane leading to Totland Recreation Ground is shown on the attached Ordnance Survey extract and divides a residential area, the recreation ground and the bowling green. This track is in poor repair and also includes the Bowling Club car park in part and will cost some £10,000 to repair and surface.

Adjoining the lane is the site of two new bungalows which have access over the lane but for which the owners legal representatives have asked to formalise that right. The situation is that the landowner claims prescriptive rights that have been used for many years and is now seeking to document that use. The Council has not disputed the owners use of the land as access to the land and the proper way forward would be to record and formalise the right by way of a deed. In assessing the consideration appropriate for the Council to charge for this variation, independent advice has been obtained from a professional consultant and that advice has been used as a basis for negotiations with the landowner.

In coming to terms with the landowner for the formalisation of a Deed of Grant, the principle term is that the landowner will pay the Council a sum of £7,000 (Seven Thousand Pounds). This sum is more than recommended by an independent Consultant, and has been agreed on the basis that those monies are used to repair the Bowling Green. This proposal can be considered as opportune for the Council in view of the proposals currently being worked up for a new scout hut and football pavilion at the recreation ground through a potential sports lottery application.

Members are also reminded that when the new Bowls Club was constructed there was to be a newly surfaced car park, but unfortunately the financial resources available at the time were insufficient. Given that the whole of this track can be repaired at a cost of £10,500, the Council is being asked to find a further £3,500 if it so wishes to bring about a useful improvement to the access at Totland Recreation Ground.

LEGAL IMPLICATIONS

Documentation of a Deed of Grant.

FINANCIAL IMPLICATIONS

A back to back scheme plus a small contribution of £3,500.

OPTIONS

1.        That the Council agrees to a Deed of Grant on the terms indicated in this report.

2.        That the Council agrees to spend a further £3,500 from Capital Resources together with this contribution income, to repair Bowling Green Lane at Totland.

3.        That the Council continues with its negotiations in the hope of an improved position.

RECOMMENDATIONS

Options 1 and 2.

BACKGROUND PAPERS

None

Contact Point: Tony Flower, Head of Property Services ☎ 823263