HERTFORDSHIRE COUNTY COUNCIL

POLICY, RESOURCES & PERFORMANCE CABINET PANEL

WEDNESDAY 23 NOVEMBER 2011 AT 2.00 PM

CABINET

MONDAY 28 NOVEMBER 2011 AT 2.00 PM

THE FUTURE OF LAND AT HARPENDEN ROAD, ST ALBANS

Addendum to the Report of the Director Resources and Performance

[Author: Peter Tiernan, Senior Estate Officer, Herts Property 01992 556208]

Executive Member: David Lloyd (Resources and Economic Well-Being)

Local members: Alan Siao Ming Witherick (St Albans North)

Chris White (St Albans Central)

1. Purpose

1.1  To provide additional background information, responding to questions arising following the publication of the main report.

2.  Information

What is the extent of Bernards Heath Public Open Space?

2.1 The extent of Bernards Heath can be found on the City and District of St Albans Council's [SADC] website. The reference is in the SADC's Bernards Heath Greenspace Action Plan 2011-2016, which includes a plan of Bernards Heath and that can be viewed via this link:- http://www.stalbans.gov.uk/Images/Bernards%20Heather%20GAP%20Draft_tcm15-17063.pdf

2.2 Comparison of that plan, a copy of which is provided at Appendix 1 to this report, with the plan provided at Appendix 1 to the main report shows that the County Council’s land is not part of the Bernards Heath Public Open Space.

What is the 1944 Management Agreement?

2.3 This is an Agreement made between Wiles & Lewis Ltd and the Mayor Aldermen and citizens of the city of St Albans on 23 February 1944. It was formed to regulate the use of the land now occupied by Heathlands School and the open land to the south of the school site. Use was to be reserved permanently as private open space in accordance with a Schedule of Conditions providing that no buildings could be erected on the land and that it could be used only as:

(a) a private ground for sports play rest or recreation or as an ornamental garden or pleasure garden open to the public on payment of a charge or

(b) arable meadow or pasture land osier land orchard or nursery ground or

(c) a plantational wood or for the growth of saleable underwood.

Does the 1944 Management Agreement still stand?

2.4  The agreement was made by a previous owner of the land.

2.5  The agreement is not enforceable against the County Council as current owner of the land. The County Council’s title is registered at the Land Registry, under references HD425047 and HD441425.

2.6 The County Council developed Heathlands School in the early 1970’s.

What is the status of the 2001 Development Brief?

2.7 This was prepared by SADC in association with the County Council and adopted by SADC on 02 Oct 2001.

2.8 Clause 1.8 of the Development Brief states that: "The brief will be a material planning consideration in the determination of future planning applications. Its provisions will ultimately be incorporated into the District Local Plan Second Review."

2.9 SADC has not replaced the District Local Plan Review 1994, thus this 2001 Planning Brief remains a material planning consideration.

What is the status of the 2002 Resolution to Grant Planning Permission?

2.10 SADC resolved to grant outline planning permission, subject to the prior completion of an agreement regarding planning obligations. A copy of the minutes of SADC’s Planning (Development Control) Committee of 05 August 2002 is provided at Appendix 2 to this report.

2.10 The County Council has been working with SADC over many years to seek to achieve completion of the s106 planning obligations agreement, and so release of the planning permission itself.

What was the outcome of the application for Village Green Status?

2.11 The application for registration of the former playing field part of the site as a Town or Village Green failed in 2002.

2.12 An extract from the minutes of the meeting of the County Council’s DEVELOPMENT CONTROL COMMITTEE on 18 Sept 2002 is as follows:

“2. ST ALBANS DISTRICT – APPLICATION FOR THE REGISTRATION OF LAND AT BERNARDS HEATH, ST ALBANS AS A TOWN OR VILLAGE GREEN

A copy of a letter received from Bernards Heath Village Green Preservation Society dated 15 Sept 2002 highlighted the past open space use of Lower Heath and Bernards Heath was circulated at the meeting.

The committee in noting the past use of Bernards Heath for recreational purposes, whilst not meeting the legal requirements of a village or town green, felt that there was a local need for open space which this land could usefully provide.

RESOLVED

That (a) the application to register land at Bernards Heath, St Albans as a town or village green be rejected for the reasons set out in the Inspectors report date 08 July 2002.

(b) Officers be requested to investigate and report to the Executive on the possible future management of the land for recreational use.”

Will the council be undertaking any consultation with members of the public or is this already decided?

2.13  The County Council is not now seeking to control the future use of this land. It is considering whether to dispose of the land, in its existing condition and within the context of its title to the land, of the town planning policies that obtain and the town planning decisions that have been taken so far.

Will HCC honour that they promised the land would remain open for public access and use in perpetuity?

2.13 The information provided above shows that no such promises have in fact been made.

3. Conclusions

3.1  Information has been provided to respond to questions arising.

3.2  Most of the issues that sit behind the questions are to do with the future use and development of that land, and that would be regulated by the statutory town planning regime.


APPENDIX 1

Copy of Plan taken from SADC Bernards Heath Greenspace Action Plan 2011-2016:

APPENDIX 2

Minutes of SADC’s Development Control Committee meeting – 05 August 2002

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