Agenda item

Councillor Crichton provided an update to the report submitted by Newlands Parish Council and reference was made to the following specific points that remained outstanding:

(a)        Land Transfers and Open Space:

            It was noted that the Section 104 agreement, which was approximately      ten years old, was still ongoing, delaying the finishing and adoption of      roads and the transfer of areas bordering the highway to Hampshire        Highways.

            Councillor Crichton expressed concern about a large area of open   space that had not yet been transferred to Winchester City Council.     This was due to Taylor Wimpey having planted trees over sewage   easements, and replanting had not yet occurred. It was noted           that the parish clerk had contacted Taylor Wimpey without response.             Councillor Crichton suggested that Winchester City Council follow up    the matter, as the land needed to be transferred to Winchester before it            could go to the parish council.

            A specific maintenance issue was raised concerning the bed of the old       park farm stream, which was overgrown and in serious need of                 restoration. It was highlighted that the area was still officially                              designated as a ‘major flood area’.

            The adoption of parts of open space within the Havant area of                      Wellington Park had still not taken place, despite an agreement seven years prior that Havant was obliged to take it on under the                         Section 106 agreement.

            In response to the points raised, the Service Lead: Sustainability and          Natural Environment at Winchester City Council and relevant             officers provided an update as summarised below:

            Officers also expressed frustration regarding Taylor Wimpey's delay in        transferring areas directly to Newlands Parish Council, questioning the    reasoning for holding onto these areas as Winchester had not             been provided with an answer on this matter.

            It was noted that an offer had been made by Winchester to the parish         council to consider taking on the open space prior to the Section 104    agreement, and the parish council had agreed, subject to conditions to    absolve them from any problems arising from the finalisation of the                  Section 104 agreement and to ensure several things were tidied                   up. The parish was ready to proceed with the land transfer available to          date.

            Uncertainty was expressed about a legal process that would allow               Taylor Wimpey to directly transfer land to the parish, as the parish                        was not a party to the Section 106 agreement and Taylor Wimpey had         not agreed to a deed of variation. Therefore, land had to be                                transferred to Winchester first, then to the parish, which was regarded        as a third party. The need to simplify and expedite this process was         emphasised so that the parish could gain ownership for planned             projects.

            It was stated that the Winchester City Council's legal officer was       awaiting clarification from the parish council regarding the exact     conditions they required for taking on the land.

            In respect of open spaces in the Havant area of Wellington Park,                 Councillor Harrison advised that open spaces were now in her portfolio and that she would work to overcome outstanding matters.

            In conclusion, it was recognised that there was a need to move forward      with land transfers as much as possible, particularly given local                  government reorganisation.

                        RESOLVED:

                                    That the update report be received and noted.