Agenda item

(Legal & Estates Portfolio Holder) To consider the attached report (C-008-2010/11).

(1)        That the current stance of Buckhurst Hill Parish Council regarding the transfer of the Roding Valley Recreation Area be noted;

(2)        That further negotiations be undertaken with Buckhurst Hill Parish Council regarding the transfer of the Roding Valley Recreation Area to emphasise the seriousness of the current situation;

(3)        That a further report be submitted to the Cabinet upon the outcome of the further negotiations with Buckhurst Hill Parish Council; and

(4)        That the sum of £10,000 to deal with the urgent works required to reinstate key features of the Recreation Area be met from existing budgets.

The Portfolio Holder for Legal & Estates introduced a report regarding the transfer of the Roding Valley Recreation Area to Buckhurst Hill Parish Council.

The Portfolio Holder reminded the Cabinet that in 1997, as part of the creation of the Parish and Town Councils in the south of the District, the District Council decided to transfer to them areas previously financed through the Chigwell Special Fund. This included halls, allotments, open spaces and playgrounds.  However, the District Council wished to continue to exercise some control over the Roding Valley Recreation Ground and decided that the management of the area should be transferred to the Parish and Town Councils of Loughton, Buckhurst Hill and Chigwell and that the setting up of a trust for the area should be explored.  In 1999, members resolved that the Town and Parish Councils were to be offered a management agreement for the area but this process stalled on the requirement of the Parish Councils for a freehold transfer of the land. In February 2004, the Cabinet agreed a compromise position whereby the parishes would be granted a 125-year lease of that part of the Roding Valley in their area

The Portfolio Holder added that Loughton Town Council had agreed to enter into a lease which was finally concluded in January 2008.  Buckhurst Hill had agreed that the negotiations would be conducted by Loughton Town Council and when a final or near final draft was agreed this would be sent to the Parish’s solicitors for approval. However when it came to them being required to formally sign they declined to do so for a range of reasons.  Since then it has not been possible to conclude a lease with Buckhurst Hill Parish Council and a number of options had been offered for the Cabinet to consider, with potentially significant budgetary implications depending upon the decisions made. The Portfolio Holder’s preferred option was to continue negotiations with Buckhurst Hill Parish Council to emphasise the seriousness of the current situation. The Council had also to undertake urgent works within the area to ensure that it met minimum health & safety standards for a public area. These works were estimated at £10,000, and a supplementary estimate was proposed for approval by the Council to fund these works.

Local Ward Members from Loughton felt that Buckhurst Hill Parish Council should accept the lease offered by the Council, and that Loughton Town Council would be happy to work with both parties in partnership for the wider area. One of the local Loughton Members offered to help the Portfolio Holder in negotiating with Buckhurst Hill, which the Portfolio Holder was grateful to accept. The Cabinet felt that Buckhurst Hill Parish Council should be urged to re-think their current stance, and that the Council should make one last effort to negotiate with them. The Portfolio Holder for Finance & Economic Development stated unequivocally that the monies for the urgent works should be met from existing budgets rather than a request for supplementary finance.

Decision:

(1)        That the current stance of Buckhurst Hill Parish Council regarding the transfer of the Roding Valley Recreation Area be noted;

(2)        That further negotiations be undertaken with Buckhurst Hill Parish Council regarding the transfer of the Roding Valley Recreation Area to emphasise the seriousness of the current situation;

(3)        That a further report be submitted to the Cabinet upon the outcome of the further negotiations with Buckhurst Hill Parish Council; and

(4)        That the sum of £10,000 to deal with the urgent works required to reinstate key features of the Recreation Area be met from existing budgets.

Reasons for Decision:

To make Buckhurst Hill Parish Council aware of the seriousness of the situation and of the consequences of not entering into a management agreement for the land. Savings should be sought from existing budgets to fund the urgent works required to maintain the area rather than seeking a supplementary estimate from the Council.

Other Options Considered and Rejected:

To agree to not enter into a (revised) management agreement of the land and to directly manage the area.

As above but with the Buckhurst Hill Parish Council being requested to continue with funding equivalent to the costs currently met by them for grass cutting etc.

To agree the terms as proposed.

Do nothing.