TPO's & Conservation Areas. Advice requires

[LeeOulton]

Dear all,

 

This may be a random post and not really much to do with trees but I know there are many people on here that are "in the know" about this subject.

 

Here goes, for the past 2 years or so, many local people including my family and myself have been desperately trying to save a small play area at the bottom of our road. The town council surprise surprise want to sell it for land to build houses on. We agree that not many people use this park but wanted to campaign to turn the land into a different type of public space rather than lose it to some rich out of town property developer.

Cutting a very long story short. The council have ignored our petitions and decided to sell up. But recently we have discovered that the land is covered in the conservation area.

 

This is something I do not know much about apart from a quick read on wikipedia last night.

 

There are 2 Cherry trees on site and I am wondering what is the score with these trees? will they be automatically protected by preservation orders or not? And can the council just go ahead and sell up to a private developer? The land is within the conservation area.

 

Any advice, tips etc would be highly appreciated as we feel we are fighting a losing battle but we will not give up until the end. This small area of land would make a cracking "village square" maybe with some seating, bins, new trees and maybe a small monument of some kind? rather than it going to a very very greedy man who seems to be buying as much of the town as possible for new housing.

 

If anyone would like to see extra details, maps etc then please let me know. I am just desperate for any info you people out there can give me.

 

Thank you for reading, I hope someone out there is more in the know than me.

 

Lee :0

[Swampster]

LA's don't tend to look further than potential profits in this day and age, alas. I don't know whether there's any mileage in this suggestion but have you heard of a 'community asset order'? This may be worth looking into, like I say though, I don't know if it'll be of any use. Good luck.

[treequip]

 

But recently we have discovered that the land is covered in the conservation area.

 

 

The conservation area is just a design and layout issue and probably wont give a developer much of an issue

[oslac]

I think you would be better off checking the local planning policies in relation to development within the area occupied by the park, change of use and the general policies on public parks. You may be able to find something which identifies that the council is going against their own policy to allow the park land to be used for housing.

 

On the other side, the council may be desperate to find suitable housing land especially if it is for affordable or social housing. Although you want to keep the park, which as you say it is little used, perhaps housing is the best use of the space.

 

I think that if the park is given over to housing, the two cherry trees are likely to be history.

 

If you get your way and the park is saved, who will pay for its upgrade and on-going maintenance.

[agrimog]

has anyone asked to see the title deeds for the land that actually state the LA own it......for as far as I have been informed a council can not own anything, they can only hold property in trust for the public there members represent, the next one is find out if the council is registred as a ltd company, then you have a cae for fraudulant missrepresentation of your interests against them

[LeeOulton]

I have passed on this information to the others. I shall keep you updated, thank you all who have replied so far Lee

[Mike Dempsey]

Get a hold of your local councillor for the area. Make sure they know your feelings on the area and that he or she will be on your side. You will need their support if it goes to a planning decision for housing

[ReubenHayes]

Is it the Town Council, District Council or County that have sold off the land? The 'Council' will not have brought the land but they will have held it in trust and therefore able to sell it off if they wish. Most Councils will have a policy of not selling public land or land that is for parks. However, a lot will get around it by offering the land to the developer and as part of the planning a new park will be developed. It usually works out that the park is less adequate and useful than the one before, but at least they can show joe bloggs that they have built houses and kept the park!!

 

The fact that the area is in a CA will mean that the developers will have to think more about the design of the buildings to keep them in keeping with the area. If the Cherry trees are worthy of protection then you can press the local councillors etc to get them protected. It wont make much difference in the end, but it help to create problems.

 

I do know of some local residents in London which changed a park to a common green (I think). That decision is made by the high courts and will require Councillors to be behind you to push it forwards. That then stops development, but it is a very narrow remit (i.e. needs to be open to the public, fenced around the site etc).

 

Camden Letters: Talacre Gardens | Town Green | Open Space | Protection

[ReubenHayes]

This gives a bit more information, I do not know if it will help in your case though and you will need to look further into it.

 

Talacre Gardens saved ? People?s garden given Town Green status | Camden New Journal

 

But good luck if it does work!

[openspaceman]

This gives a bit more information, I do not know if it will help in your case though and you will need to look further into it.

 

Talacre Gardens saved ? People?s garden given Town Green status | Camden New Journal

 

But good luck if it does work!

 

Yes as long as it hasn't already been zoned for development and has been used for playing on and recreation for over 20 years registering as a village green gives the best protection.