Cheshire East Council's Cabinet is being asked to confirm whether they will make changes to the lease with Alderley Edge Parish Council for the Heyes Lane allotment site to enable a car park to be built there.
The Cabinet will consider a motion on Wednesday, 11th February, calling for the Council to agree to not vary the lease with Alderley Edge Parish Council for the Heyes Lane site.
Councillor Sam Corcoran, the Labour councillor for Sandbach Heath and East, moved the following motion at the Council meeting on 11th December 2014 and it has been referred to Cabinet for consideration.
"This Council commits that it will not agree to vary the lease with Alderley Edge Parish Council for the Heyes Lane site to allow any use other than allotments, unless the Secretary of State exercises any powers that he might have to require a variation of the lease."
The Heyes Lane allotments, along with those at Beech Close and Chorley Hall Lane were transferred from Cheshire East Council to Alderley Edge Parish Council in 2012 by way of a long lease with restrictive covenants protecting their use for allotments.
The 125 year lease, at a peppercorn rent, includes a clause that the only authorised use of the site is for allotments.
However, the Parish Council intends to relocate the Heyes Lane allotments to land off Lydiat Lane so they can create a car park on the Heyes Lane site to provide additional parking for the new Medical Centre and revamped Festival Hall, as well as for people who work and shop in the village.
A report has been prepared for next week's meeting which requests that the Cabinet considers and responds to the motion.
The report recommends that "Cabinet consider any future variation to the lease in respect of the plans and ambitions of the Parish Council, the legal position regarding the covenanters of the land, with the intention of securing the best solution for Alderley Edge".
The report states "Should the Parish Council wish to vary the lease from then, the Council will require full detail of their proposal and financial breakdown, to allow this Council to consider if, any financial consideration is due to this Council in return for varying the lease terms in accordance with section 123 of the Local Government Act 1972."
Click here to view the report on the Heyes Lane Allotment Motion which has been prepared for the Cabinet meeting on 11th February.
I understand this will be discussed at the Parish Council meeting on Monday, 9th February - click here to view the meeting agenda.
Comments
Here's what readers have had to say so far. Why not add your thoughts below.
The Cabinet should also be shown the statistics of the Parish Councils own 3 Step Plan and the resulting breakdown of votes both for and against (in its entirety) and then votes with relation to just “phase 3” the car park.
Rather than get a "side letter" from Michael "twittergate" Jones at CE. It's no wonder that CE councillors are wondering what's going in Alderley Edge and have brought this matter up.
The PC don't want to discuss the legal letter from the National Allotment Society legal advisors sent to the PC in mid December, they did receive it but it wasn't on the official correspondce section of the PC agenda for the January meeting. Make of that what you will.
There is still no costing on how to turn Heyes lane into a car park or where this money is coming from.
What is the current situation at Lydiate lane ? No ones knows and there is no discussion at the PC meetings about it.
Now there is a letter from George Osbourne on the February agenda of the PC meeting about Heyes lane. Let's see what it says on Monday.
Fenton Simpson
Chair Alderley Edge Allotments and Gardens Society
Para 1.1 CEC commits that it will not agree to vary the lease with AEPC for the Heyes Lane site to allow any use other than allotments ...
Para 9.1 The Secretary of State under the allotment legislation does not have the power to vary the terms of a lease, from a Lessor to the Parish Council.
Para 9.3 The Allotments Act 1925 specifies that land purchased or appropriated by local authorities for use as allotments must not be disposed of without Ministerial consent.
Para 9.5 The restrictive covenants mentioned in the deed of gift under which the land was first acquired restricts the use of the land to 'open space, recreation grounds, playing fields or public gardens'.
Para 11.2 Heyes Lane Allotments ... transferred under a 125 year lease ... the only authorised use of the site was for Allotments use only.
So, when the Parish Council claim a 'done deal' for the car park, supported by Cheshire East Council, they may not be telling the absolute truth.
And if you think allotments are only a benefit to a few, go & look at Para 3.5 of the recommendations - allotments are good for you and good for the community.
In fact they were very concerned that this would set a precedent in assets transferred to Parish Councils who them sold them off etc for a fast buck!
Now they didn't use that language but if suggest you check out their webcast at the CE website.
This is not the result the PC predicted at their meeting on Monday night.
This very good news as the land owner CE hasn't agreed to turn a green space to car park.
We always knew that the actions by the PC towards the tenants of Heyes lane were so premature it felt to me like they were sending out termination letter to tenants before the Big Bang went off.
So it's not over as yet, the CE report was very favourable towards allotments and their benefits to the community and wildlife.
If Lyidate lane ever gets off the ground then we will have Four allotment sites and as the PC has terminated the societys management contract (ends september 2015) the PC Clerk is going to be very busy running all these sites...
The current hold up at festival hall is due to telephone wires under ground that need removing.
Nothing to do with allotments or additional parking.