CLACKMANNANSHIRE COUNCIL

Report to Council of 8 November2007.

Subject: Sale of Open Space Adjacent to 27Devonway, Clackmannan.

Prepared by: Gordon Stewart, Head of Property Services

1.0SUMMARY

1.1.This report has been prepared to seek approval for the disposal of Public Open Space to the east of 27 Devonway, Clackmannan to Mr and Mrs Ramage for the purpose of forming a footway crossing with off street parking and to add a garage and house extension.

2.0RECOMMENDATIONS

2.1.It is recommended that the Council approves the disposal of the site at a valuation to be determined by the District Valuer subject to the applicant obtaining planning permission and agreeing to the conditions set out in paragraph 3.7 below.

3.0BACKGROUND

3.1.The open space lies to the east side of 27 Devonway as shown on the attached plan.

3.2.The land extends to approximately 153 square metres and it is presently covered with grass.

3.3.The applicant wants to form a footway crossing with off street parking and to add a garage and house extension.

3.4.Land Services have no objections to the sale provided that they are notified of the sale, no boundary treatment to the side or frontage of the site exceeds 1.2m in height or the recommendation from Roads Services in relation to visibility splays and the use of the land is restricted to garden ground.

3.5.Roads Services indicate that it has no objections providing that any boundary fence/wall to the area and any planting etc within the garden ground be kept to a height of less than 1 metre within the visibility splays of 4.5m x 60m to the west of the centreline of the junction.

3.6.Planning Services indicate that it has no objections, in principle, subject to approval of the boundary treatment and restrictions placed on any future development of the land. An application for change of use would be required. Any proposals for the construction of a garage and house extension would be considered on an individual basis.

3.7.Taking account of the above any sale will be subject to the following conditions.

(a)The applicant must obtain planning permissionfor the proposed development before the sale of the land is completed.

(b)The sale shall be subject to the land being used for no other purpose than garden ground, associated driveway, garage and house extension with boundary treatments and landscaping in accordance with an approved plan attached to the missives.

(c)The applicant will be required to allow free access to mutual drainage and other services serving Council properties passing through the land. No compensation will be payable by the Council for exercising this access.

4.0CONCLUSIONS

4.1.The sale will generate a modest capital receipt and result in a small saving in the grounds maintenance budget.

5.0IMPLICATIONS FOR THE COUNCIL

5.1.Financial implications: Capital receipt.

5.2.Staff implications: None.

5.3.Strategic aims:

Create strong, active, safe and caring communities / 
Achieve local economic prosperity and stability / 
Make the most of Clackmannanshire's unique built and natural environment / 
Develop a culture of personal achievement where everyone isvalued / 
Improve the health of the people of Clackmannanshire / 
Represent and promote the interests of all of the people of Clackmannanshire / 
Ensure that the people of Clackmannanshire receive the highest quality services for the public pound / 

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Head of Property

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Director of Development and Environmental Services

27 Devonway- Report POSPage 1 of 3