- Decision made by
-
Cllr John McKee, Cabinet Member for Corporate Transformation
- Key decision
-
No
- Source of delegation
-
Leader's Scheme of Delegation for 2020/21 - Para 3.2.3
- Decision
-
Approval of the disposal of Council owned land adjoining 101 Church Lane, Bocking.
- Reason for decision
-
The Council owns a small strip of open space land adjoining 101 Church Lane, Bocking. The owner of 101 Church Lane, Bocking obtained a Planning Consent to construct a 2 bedroom end of terrace dwellinghouse which adjoins his existing dwelling and in 2019 commence construction of the foundations on site. unfortunately, a significant part of this proposed dwellinghouse encroaches onto the Council's adjoining land. The Council has formally advised the owner of 101 Church Lane, Bocking of the encroachment and construction has stopped while the parties seek to resolve the matter. The best option available to the Council is to formally transfer the encroached land to the adjoining owner. The owner of 101 Church Lane has agreed to purchase the land.
- Summary of alternative options
-
The Council could instigate legal action to take back possession of the small strip of land and reinstate it as open space. Take no action.
- Background documents
-
Location plan
- Declared conflict of interest
-
There are no conflicts of Interest.
- Equality and diversity implications
-
There are no equality or diversity issues arising from this decision.
- Safeguarding
-
There are no safeguarding issues arising out of this decision
- Legal
-
The Council's Legal Service has provided the necessary legal advice relating to the encroachment onto Council owned land. If the land transfer is approved the Legal Services will also be instructed to complete the legal transfer of the land and continue to ensure that the Council's interests are protected at all times.
- Customer impact
-
There is no customer impact arising from this decision
- Environment and climate change
-
There are no environmental and/or climate change issues arising from this decision.
- Consultation and community engagement
-
Local Ward Members and the Cabinet Member for Corporate Transformation have been consulted on this matter.
- Date decision made
-
July 3 2020
- Contact us
-
You can contact us if you would like a copy of the record and supporting papers for this decision. Email governance@braintree.gov.uk