Minute 68 (Cabinet Agenda Item No. 4 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute 68 of Cabinet held on 16th June 2020, which had been called-in for Scrutiny, together with the report of the Executive Director (Neighbourhoods and the Environment) informing Councillors of the increasing pressure on existing public open spaces and the increasing number of requests being received from sports clubs and other organisations to lease public open space and to limit, restrict or reduce public availability.  The report proposed to establish clear and consistent guidance which could be applied by officers in dealing with requests for the disposal of public open spaces.

In response to a question regarding the potential scrapping of the proposals for the area of land at Lundy Close, the Leader of the Council undertook to provide a written response to all Councillors on the Committee and the relevant Ward Councillors.

Resolved:-

That the following decisions of Cabinet be noted:

“1. That the general presumption against the disposal of public open space in Southend-on-Sea and the ongoing protection of these areas, be continued.                                                                                                         

2. That the existing agreements relating to areas of public open space or buildings within them continue during their term and on renewal or re-letting/procurement can be agreed when applicable.

3. That requests for the Council to dispose (by any means) of areas of open space to enable their enclosure (or any other restrictions on public use) by sports clubs or other organisations and the exclusion of the public from enjoying those spaces are not considered to ensure that free public access to open space is maintained. Whilst exceptions are not expected, should they arise, such exceptions will be a matter for Cabinet to decide upon.

4. That it be noted that from time to time, the granting of easements and wayleaves for services or highway widening or realignment may be required. In these situations, the preferred position is that public access is maintained or replacement land is sought.

5. That in a situation where an area of open space has been identified as a location which could enable the delivery of a key Council outcome, and the Council has determined that the area has no or minimal recognised benefit to the public, or a replacement space of the same or enhanced value can be provided, the disposal will be considered to enable the Council to deliver its outcomes.”

Note: This is an Executive Function

Cabinet Member: Cllr Mulroney

Report of Executive Director (Neighbourhoods and Environment)

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) informing councillors of the increasing pressure on existing public open spaces and the increasing number of requests being received from sports clubs and other organisations to lease public open space and to limit, restrict or reduce public availability.  The report proposed to establish clear and consistent guidance which could be applied by officers in dealing with requests for the disposal of public open spaces.

Resolved:

1. That the general presumption against the disposal of public open space in Southend-on-Sea and the ongoing protection of these areas, be continued.

2. That the existing agreements relating to areas of public open space or buildings within them continue during their term and on renewal or re-letting/procurement can be agreed when applicable.

3. That requests for the Council to dispose (by any means) of areas of open space to enable their enclosure (or any other restrictions on public use) by sports clubs or other organisations and the exclusion of the public from enjoying those spaces are not considered to ensure that free public access to open space is maintained. Whilst exceptions are not expected, should they arise, such exceptions will be a matter for Cabinet to decide upon.

4. That it be noted that from time to time, the granting of easements and wayleaves for services or highway widening or realignment may be required. In these situations, the preferred position is that public access is maintained or replacement land is sought.

5. That in a situation where an area of open space has been identified as a location which could enable the delivery of a key Council outcome, and the Council has determined that the area has no or minimal recognised benefit to the public, or a replacement space of the same or enhanced value can be provided, the disposal will be considered to enable the Council to deliver its outcomes.

Other Options

As set out in the submitted report

Reasons for Recommendations

Maintaining the current availability of publicly accessible green space has a long term benefit to the health and wellbeing of residents. The available green space within the Borough is limited, and any loss is unlikely to be replaceable.

Greenspace has benefits to the local environment and is a benefit to the Council’s commitment to reducing its impact on the environment and tackling the local effects of climate change.

Note: This is an Executive Function

Eligible for call-in to: Place Scrutiny Committee

Cabinet Member: Cllr Mulroney

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) informing councillors of the increasing pressure on existing public open spaces and the increasing number of requests being received from sports clubs and other organisations to lease public open space and to limit, restrict or reduce public availability.  The report proposed to establish clear and consistent guidance which could be applied by officers in dealing with requests for the disposal of public open spaces.

Resolved:

1. That the general presumption against the disposal of public open space in Southend-on-Sea and the ongoing protection of these areas, be continued.

2. That the existing agreements relating to areas of public open space or buildings within them continue during their term and on renewal or re-letting/procurement can be agreed when applicable.

3. That requests for the Council to dispose (by any means) of areas of open space to enable their enclosure (or any other restrictions on public use) by sports clubs or other organisations and the exclusion of the public from enjoying those spaces are not considered to ensure that free public access to open space is maintained. Whilst exceptions are not expected, should they arise, such exceptions will be a matter for Cabinet to decide upon.

4. That it be noted that from time to time, the granting of easements and wayleaves for services or highway widening or realignment may be required. In these situations, the preferred position is that public access is maintained or replacement land is sought.

5. That in a situation where an area of open space has been identified as a location which could enable the delivery of a key Council outcome, and the Council has determined that the area has no or minimal recognised benefit to the public, or a replacement space of the same or enhanced value can be provided, the disposal will be considered to enable the Council to deliver its outcomes.

Other Options

As set out in the submitted report

Reasons for Recommendations

Maintaining the current availability of publicly accessible green space has a long-term benefit to the health and wellbeing of residents. The available green space within the Borough is limited, and any loss is unlikely to be replaceable.

Greenspace has benefits to the local environment and is a benefit to the Council’s commitment to reducing its impact on the environment and tackling the local effects of climate change.

Note: This is an Executive Function

*Called-in to: Place Scrutiny Committee

Cabinet Member: Cllr Mulroney