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Agenda Item No

 

The Vale of Glamorgan Council

 

Welsh Church Act Estate Committee : 21st November 2011

 

Report of the Director of Finance, ICT and Property

 

Land to the Rear of Church Road, Cadoxton

 

Purpose of the Report

1.             To advise Committee of a continuing problem relating to the condition of the land at the rear of Church Road and to seek a way forward;

2.             To advise Committee of a recent consultation with local residents concerning the same;

3.             To seek a resolution on the way forward.

Recommendations

1.             That Committee consider the way forward for resolving the maintenance issues in the lane to the rear of Church Lane, Cadoxton

2.             That the Director of Finance, ICT & Property be authorised to advise the residents along Church Road of Committee's decision.

Reasons for the Recommendations

3.             In order that Committee are able to agree a way forward to resolve an ongoing maintenance issue at this location.

4.             In order that the local residents are advised of Committees resolution affecting their properties.

Background

5.             The lane to the rear of Church Road, Cadoxton is owned by the Welsh Church Act Estate Committee at the location highlighted on the plan at Appendix A.

6.             The lane is located to the rear of houses along Church Road and abuts land in third party ownership at Bastian Close.

7.             In recent years residents have made complaints to Council Officers in relation to the overgrown nature of the land and the fly tipped rubbish accumulating in the lane.  The lane has been cleared of rubbish on a number of occasions over the years; however it appears that this is not sufficient to alleviate the long term problem for the local residents.

8.             Following recent complaints concerning the state of the lane, a site meeting was arranged to discuss possible options for the land.  Present at the site meeting were the Chair of this Committee Councillor Colin Osborne, the local ward member Councillor Neil Moore and representatives from the Estates Section and Visible Services Section.

9.             It was noted on site that the lane was extremely overgrown and was littered with fly tipped rubbish.  The access to the rear gardens along Church Road were in places completely blocked.

10.        It was agreed on site that clearing the lane immediately may not give rise to an acceptable long term solution for the residents as it would open up the lane for further fly tipping and possibly open up the access to intruders to the resident's rear gardens.  It was agreed therefore that the Estates Section would write to all the residents along Church Road to ascertain their views prior to any decision being made.  A copy of the letter dispatched to all residents can be found at Appendix B.

11.        Four written responses to the consultation and one verbal response was received.  The written responses are copied and attached at Appendix C.  A summary of the verbal response has also been included here also.

Relevant Issues and Options

12.        Although there only five responses to the consultation, the theme to the responses is consistent throughout, namely:

1.The overgrowth should be cut back and fly tipping removed allowing access to the rear gardens again.

 

2.The damaged wall to Bastian Close should be reinstated to alleviate future fly tipping from Bastian Close.

 

3.The vermin problem should be dealt with.

 

13.        The Council's Legal Department have confirmed that the wall referred to in several of the resident's letters belongs to the Welsh Church Acts Committee and is the Committee's responsibility to maintain.

Resource Implications (Financial and Employment and Climate Change, if appropriate)

14.        Depending on how the Committee wish to proceed, there will be a resource implication involved in clearing the lane and possibly building the wall back up alongside Bastian Close

Legal Implications (to Include Human Rights Implications)

15.        The Trustees have a duty to manage lands held by them in accordance with the Scheme of the Trust and general Charity Law.

Crime and Disorder Implications

16.        As it exists the lane attracts continual fly tipping which causes a nuisance to adjacent property owners.

Equal Opportunities Implications (to include Welsh Language issues)

17.        There are no equal opportunities implications.

Corporate/Service Objectives

18.        The sole concern of the Trustees is to act in the best interests of the Trust.

Policy Framework and Budget

19.        None

Consultation (including Ward Member Consultation)

20.        Whilst the members of the Committee are acting as Trustees independent of other Council resolutions, consultation has taken place with the local residents of Church Road as the condition of the lane directly impacts on their properties.  In addition, local ward members have been consulted on this matter as their constituents are being affected by the condition of the lane.

Relevant Scrutiny Committee

21.        None

Background Papers

Copies of resident's letters

 

Contact Officer

Lorna Cross, Group Estates Officer

 

Officers Consulted

Stuart Lyon, Legal

 

Responsible Officer:

Sian Davies, Director of Finance, ICT & Property

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