Decision Maker: Cabinet
Decision status: Recommendations Approved (subject to call-in)
Is Key decision?: No
Is subject to call in?: Yes
Decision:
That the Director of
Finance be authorised to dispose of the freehold interest of land
known as land at Penn Meadow, Brixham to Brixham Town Council for a
nominal sum of £1 and subject to a restrictive covenant and
clawback conditions in relation to the land continuing as public
open space, with legal costs associated with the transfer being met
by Brixham Town Council.
Reasons for the decision:
Transferring ownership
would allow an opportunity to extend the accessible footpath to the
entrance of Mudstone Lane, resulting in three accessible access
points to Wishings Field. Wishings
Field would subsequently be extended allowing Brixham Town Council
to formally work with South Devon National Landscape and the
community to promote wildlife habitat, protecting the biodiversity
of the area for future generations. The
Council would also see the removal of any ongoing maintenance
liability and reduce the necessity for staff and resources to be
deployed to this area.
Alternative options considered:
The Council was under
no obligation to consider the transfer and could simply reject the
request. However, given the
Council’s limited involvement historically with the land and
benefit that would be realised by transferring the land to Brixham
Town Council it would be a missed opportunity should the Council
reject the proposal.
Implementation:
This decision will
come into force and may be implemented on 3 March 2025 unless the
call-in procedure is triggered (as set out in the Standing Orders
in relation to Overview and Scrutiny).
Information:
A
request was received from Brixham Town Council seeking the freehold
transfer of a parcel of land located on the east side of Penn
Meadows, Brixham from Torbay Council.
The
intended outcome of obtaining the freehold of land for Brixham Town
Council was to connect the land known as Wishings Field within their ownership, located to
the south west of the land at Penn
Meadow. This would create a gateway
from Penn Meadow and lead through to the natural open space within
Wishings Field so that all the land
ownership and control rests with Brixham Town Council.
At the
meeting Councillor Chris Lewis proposed
and Councillor David Thomas seconded a motion that was agreed
unanimously by the Cabinet, as set out above.
Interests and Nature of Interests Declared:
Publication date: 21/02/2025
Date of decision: 18/02/2025
Date comes into force if not called in: 01/03/2025
Call-in deadline date: 28/02/2025
Current call-in Count: 0
