Agenda Item No
The Vale of Glamorgan Council
Welsh Church Act Estate Committee : 26 March 2012
Report of the Director of Finance ICT and Property
Land at the Rear of Church Road, Cadoxton
Purpose of the Report
1. To provide an update to Committee following the resolution of Committee on 21st November 2011 to enter into discussions with each owner of the houses at Church Road to ascertain their interest in purchasing the land to the rear of their houses.
2. To seek a resolution on the way forward.
1. That Committee consider the responses from the consultation process and agree a way forward as a result.
Reasons for the Recommendations
2. In order that Committee are aware of the responses received from residents and agree a way forward to resolve an ongoing maintenance issue at this location.
3. The lane to the rear of Church Road, Cadoxton is owned by the Welsh Church Act Estate Committee at the location highlighted at Appendix A.
4. Committee will recall that the lane abuts land in third party ownership and in recent years has suffered from fly tipped material accumulating in the lane which has caused a nuisance to adjacent owners over a number of years.
Relevant Issues and Options
5. At its meeting of the 21st November 2011 Committee resolved that:
(i) Officers enter into discussions with each owner of the houses at Church Road which backed onto the land to ascertain whether they would be interested in purchasing the land behind their houses and;
(ii) That a further report be brought before the Committee advising of the outcome of the negotiations with the householder at an appropriate time.
6. Following the resolution of Committee, Legal Officers were instructed to obtain details of all home owners contact details from the District Land Registry. Upon receipt of the same, Estates officers wrote to all owners seeking confirmation in principle of their interest in purchasing the land to the rear of each of their properties.
7. Residents were asked to respond to the consultation within a given timescale (approximately one month) with their comments. A total of 24 residents were consulted and 5 responded (either by letter/e-mail or telephone call). The response has therefore been disappointing in terms of the number of responses.
8. Two of the residents confirmed an in principle interest in purchasing the land and three others confirmed that they were not interested in the proposal and just wanted the land cleared of overgrowth and fly tipping. Previous comments received (which were detailed in the report of 21st November 2011 to Committee) confirmed that the residents also wished for a boundary wall between Church Road and Bastian Close to be reinstated to help stop further fly tipping occurring. Another immediate concern of residents is that of vermin, which they feel should be dealt with.
9. The Council's Legal Department have confirmed that the wall referred to above at Bastian Close belongs to the Welsh Church Act Estate and is the Estate's responsibility to maintain.
10. Bearing in mind the residents have either declined to respond or mostly responded to say they do not wish to purchase the land, Committee are now in a position of having to decide upon a different course of action to resolve the situation.
Resource Implications (Financial and Employment and Climate Change, if appropriate)
11. Depending on how the Committee wish to proceed, there could be a resource implication involved in clearing the land and possibly reinstating the wall alongside Bastian Close.
Legal Implications (to Include Human Rights Implications)
12. 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
13. 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)
14. There are no equal opportunities implications.
15. The concern of the Trustees is to act in the best interests of the Trust.
Policy Framework and Budget
Consultation (including Ward Member Consultation)
17. 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 property. 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
Lorna Cross, Group Estates Officer
Operational Manager Legal Services
Sian Davies, Director of Finance ICT & Property
Holton Road, Barry CF63 4RU