Hampshire County Council

Executive Member, Policy & Resources Item 13

11 November 2004

Newtown Common, Near Burghclere - Submission of Offer to Purchase

Report by the Director of Property, Business and Regulatory Services

How the conclusion in this report fits in with the Corporate Strategy

This scheme will impact on the delivery of the following Corporate Aims:

Aim 2 - Stewardship of the environment by protecting and enhancing the habitat of the wide range of flora and fauna of the Common

Aim 5 - Improving services by ensuring that the residents of Newtown and visitors continue to be able to benefit from access to the Common.

1

Summary

1.1

This report seeks endorsement to the arrangements which were put in place to enable a bid to be submitted for the purchase of the freehold interest in approximately 139 acres of common land at Newtown, Near Burghclere which was offered for sale at auction.

2

Background

2.1

Representations were made by the Newtown Parish Council and the Newtown Common Residents` Association on the 28 October for the County Council to consider the submission of an offer to purchase the freehold interest in the Common at the public auction held on the 2 November.

2.2

The Common consists of a mixture of woodland and heathland and is a Site of Interest for Nature Conservation.

2.3

The management of the Common is carried out by Newtown Parish Council, under delegation from Basingstoke and Deane Borough Council, in accordance with a Scheme of Management made in 1930 under the Commons Act, 1899. The County Council has been working with the Parish Council and has provided advise under its Heathlands Project to improve the management of the Common and ;protect and enhance the habitat of the wide range of flora and fauna of the Common.

2.4

The ownership of the Common has been successfully claimed by a Mr Farrow who subsequently passed ownership to his company, Bakewell Management, in 1999. It was subject to the controversial application of charges for vehicular access across the Common which lead to a protracted legal action resulting in a landmark House of Lords ruling which overrode the previous guidelines for the charging of access rights across Commons.

2.5

Bakewell Management has since gone into receivership which has lead to the decision to offer the land at auction. This has resulted in concerns amongst the Parish Council and Residents` Association that a new owner would seek to use the Common in a way which would be to the detriment of its recreational and ecological value. It was recognised that if the land were to be used in such a way, the sale price might exceed the conventional valuation of common land.

2.6

In response to the request from the Parish Council and Residents` Association, negotiations were opened which lead to an offer from the Residents` Association to make a matching financial contribution to enable an offer to be submitted by the County Council in excess of its valuation of £210,000 for the freehold purchase of the land.

2.7

Under this agreement, the Residents` Association would have paid 40% and the County Council 60% up to a total of £350,000 and thereafter the residents would have contributed 100% of any additional purchase price up to a maximum of £450,000. Had the County Council acquired the freehold interest, the Newtown Parish Council would have continued to be responsible for the management of the Common.

2.8

In order to respond within the very limited time available between the request from the Parish Council and Residents Association, authority was given by the Director of Property, Business and Regulatory Services in association with the Executive Member for Policy and Resources for a bid to be submitted in association with the Newtown Residents Association up to a maximum contribution of £210,000 by the County Council with the intention of this arrangement being endorsed at the next available opportunity which this report provides.

3

Outcome of Auction

3.1

The bid was submitted at auction up to the above authorised level on behalf of the County Council following written confirmation by the Residents Association.

3.2

However, the County Council`s bid was exceeded by a private bid and the land was sold for £455,000.

3.3

Both the Parish Council and the Residents Association have expressed their disappointment at the failure to bring the Common into public ownership but have expressed their appreciation to the County Council for its involvement at such short notice.

4

Future Actions

4.1

It is now proposed that the County Council should continue to assist Newtown Parish Council with management of the Common through the Heathlands Project and also to consider how the statutory protections of the Common can be improved, for example, through progressing a Site of Special Scientific Interest designation. It is also proposed to support Basingstoke and Deane Borough Council and Newtown Parish Council in their effective enforcement of the Byelaws which currently exist to protect the Common.

5

Consultation with local Member

5.1

Councillor Wall strongly supported the action taken and has requested that the County Council continues to assist, where possible, with the management of the Common.

Recommendation(s)

That:

1

endorsement be given to the arrangements which were put in place to enable a bid to be submitted for the 139 acres of common land at Newtown, Near Burghclere in association with the Newtown Parish Council and Newtown Common Residents` Association and

2

the County Council continues to assist Newtown Parish Council with the management of the Common through the Heathlands project and considers how the statutory protections of the Common can be improved.