The Petition of residents of Scunthorpe County Constituency declares their objection to North Lincolnshire Council’s decision to deny the general public access to the old Co-operative Ground adjacent to Central Park in Scunthorpe by erecting a fence around the perimeter.
The Petitioners therefore request that the House of Commons urges the Government to encourage North Lincolnshire Council to remove the fencing erected around the old Co-operative Ground adjacent to Central Park and allow free public access to the area.
And the Petitioners remain, etc.—[Presented by Nic Dakin, Official Report, 15 December 2014; Vol. 589, c. 1234.]
[P001412]
Observations from the Secretary of State for Communities and Local Government:
Local authorities are responsible for the provision of public open space in their area and for deciding whether or not it should be assigned a specific use—e.g. a sports ground. Central Government cannot involve itself directly in matters between local government and people or organisations in a particular authority.
The Local Government Act 1972 sets out that a council wishing to permanently dispose of land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground must first give notice in a local newspaper and consider any objections received.
Local authorities have general and discretionary powers under s.123 of the Local Government Act 1972 (LGA 1972) to dispose of land in any manner they wish including leasing it to an organisation or company for the purposes of improving the leisure and recreation facilities available to all local residents. Government appreciate the need for there to be a sufficient quantity of public open space but notes that the old Co-operative Grounds are adjacent to Central Park which is also used by local residents for general recreational use.
The General Disposal Consent issued in August 2003 in ODPM Circular 06/2003 enables local authorities to make land disposals which will contribute to the promotion or improvement of the economic, social or environmental well-being of an area at less than best consideration provided the undervalue does not exceed two million pounds. The Circular is available at: http://www.communities.gov.uk/publications/planningandbuilding/circularlocalgovernment.
The Secretary of State’s only statutory function is to give or refuse consent to a proposed disposal where the authority will receive less than the best consideration that can reasonably be obtained which is usually the open market value of the site. Where local residents believe that a decision made by their council does not accord with Government policy or are concerned that there has been some other breach of process, they can make a complaint using the council’s own complaints procedure or, failing that, contact the Local Government Ombudsman (telephone: 0300 061 0614; website: www.lgo.org.uk).
Individuals and communities can now protect the places and spaces of most value to them. For example, you may like to consider using the Community Right to Bid to nominate the old Co-operative Ground to be listed as an asset of community value. Listing assets mean that when the land or building comes up for sale, community groups can pause that sale for up to six months, giving them the opportunity to raise money to buy it. More information about listing assets of community value can be found at: http://mycommunityrights.org.uk/