A decision will be made in ten days regarding the transfer of the three allotment sites in the village from Cheshire East Council (CEC) to Alderley Edge Parish Council (AEPC).
In September 2011 the Cabinet agreed to transfer the allotments at Beech Close, Chorley Hall Lane and Heyes Lane by way of a long lease to the Parish Council.
This decision was part of the first phase of a programme of service and asset transfer, designed to give the most local tier of government an increasingly important role in deciding what should be delivered in its locality and how this is best delivered. This is aligned to National Policy which is designed to decentralise government and give communities power to make a difference in their area.
The Parish Council has since revealed controversial plans to relocate the Heyes Lane allotments so the site can be used to provide additional parking for the new medical centre and revamped festival hall. The project will include a new entrance to the side of the hall, so the main entrance will be off Heyes Lane rather than Talbot Road as it is currently.
A report prepared ahead of next week's meeting of Cabinet Members for Communities & Regulatory Services and Prosperity & Economic Regeneration contains five options for the transfer of the allotments but recommends that the preferred option is "that the allotment sites are transferred to the parish council by long lease containing restrictive covenants preserving their use as allotments.
"This recommendation has taken regard of the cabinet decision in September 2011, council policy on transfer; the nature and volume of the objections to any transfer of the allotment sites and the views of the allotment and garden society and parish council."
If members agree on this option then it will have serious implications for the Parish Council's plans.
In April I met with Cllr Mike Williamson, Chairman of AEPC, to learn more about their plans for the village.
He explained "We will retain the majority of the allotments as gardens and incorporate the public space that was behind the Royal Oak pub, the old bowling green. We will then create parking areas for events at the Festival Hall using grass crete which is the most environmentally friendly way we can do it. It will look more like a National Trust car park, we are not going to create a sea of tarmac, that it just not going to happen."
Their intention is to relocate the allotments to land off Netherfields, which currently belongs to Alderley Edge School for Girls (AESG), where they could virtually wipe out the waiting list for allotments and intend to provide a modern allotment facility with parking and a water supply.
In return for this land AESG would like a piece of land off Wilmslow Road which they have identified as being suitable for building a new sports facility on and providing parking which can be used as a drop-off for parents coming from the Wilmslow side of the school - which would help address the parking issues at the Brook Lane and Lynton Lane side of the village.
The Parish Council are also saying that the Heyes Lane allotment site could house the Alderley Edge Motor Co, a private company which is currently located on Trafford Road where the site owner Russell Homes is seeking to build a residential development.
They consider that the transfer of the Heyes Lane allotments to them at no cost will initiate the above events whilst minimising the cost to Alderley Edge residents.
However, the Heyes Lane site was gifted to the Council's predecessor authority in 1917 subject to a covenant that it could not be used other than as open space, recreational ground, playing fields, allotments and public gardens.
The land which has been identified by AESG is former farm land adjacent to the bypass off Wilmslow Road. CEC acquired this land by private treaty as part of a larger transaction to enable the construction of the Alderley Edge bypass. The Council has received an approach from the Parish Council to acquire the Wilmslow Road site at no cost as a catalyst to initiate a series of transactions which it considers will address a number of long standing issues within Alderley Edge.
However, the Wilmslow Road site is subject to the Crichel Down Rules because although it was acquired by private treaty, the land was under the threat of compulsory acquisition at the time. This means the site should be offered back to the former owner or its successor in title at the current market value. If the former owner does not wish to purchase the surplus land, or terms cannot be agreed, the Council will be free to dispose of the land on the open market. The Council is in the process of offering all land surplus to the Alderley Edge and Nether Alderley Bypass to former owners.
Plans to relocate the Heyes Lane allotments have been met with some resistance from a mixture of allotment holders and concerned local residents. A community action group was set up to save Heyes Lane allotments and the Council received 129 objections when they announced their intention to dispose of Heyes Lane, Chorley Hall Lane and Beech Close allotment sites.
As a result of the relatively large number of objections and public interest, the decision to dispose of the Alderley Edge allotments was deferred to the relevant portfolio holder.
This decision is due to be made on Monday, 18th June, at a meeting of Cabinet Members for Communities & Regulatory Services and Prosperity & Economic Regeneration which members of the public are free to attend. The meeting will be held at the Council's Westfields offices in Sandbach, starting at 9am.
The report prepared for the meeting states that the preferred option (1) is to dispose of the allotments to Alderley Edge Parish Council at no cost, by way of a 125 year lease containing restrictive covenants which would mean the land can only be used for allotments.
This would be in accordance with the agreed Cabinet decision on 5th September 2011 and be consistent with transfers across Cheshire East.
A restrictive covenant would prohibit the Parish Council from using the land other than for allotments, transferring the sites to a third party or creating sub-leases other than to an allotment society or allotment holders.
Other options up for discussion at next week's meeting are:
Option 2: To dispose of the allotments sites to the Parish Council as in Option 1 but also containing extra controls in favour of the Council as requested by Alderley Edge Allotments and Gardens Society (AEAGS). This provides an additional control by Cheshire East but could be against the spirit of the transfer process which is to devolve decision making to the most local tier of government. It is arguable that this would be interfering in the contractual relationship of landlord and tenant which will exist between the allotment society and the parish council.
Option 3: Cheshire East to retain the allotments sites given the level of objections, but this would be inconsistent with Council policy on transfer and the prospect of applications to run the site(s) under the Community Right to Transfer would be an ongoing possibility. This is, therefore viewed as only a short term option.
Option 4: To explore an alternative delivery model for the allotments sites which would include transfer as in option 1 to an alternative community group - but this is not in accordance with the cabinet decision which was to offer the transferring assets to the relevant parish council. Only if the relevant local council did not wish to run the service/asset was this next step to be considered.
Option 5: To consider the transfer of the freehold to the Parish Council but this would have to be done without breaching best value principles and ensure the best financial solution for CEC. This option is different to the transfers being agreed across the remainder of Cheshire East and would need to consider that the original cabinet decision specifically noted that "there is a presumption that the transfer of assets will protect community use of the assets." A freehold transfer without the restrictive covenant restricting use to allotments would require Secretary of State consent.
If the Council granted AEPC the freehold for the Heyes Lane allotment site and they wanted to change the use then they would need to apply to the Secretary of State for consent, which we believe AEPC has already done. According to the report they have also sought legal advice as to how to obtain vacant possession of the Heyes Lane site.
The Council cannot dispose of land for less than the best consideration that can be obtained, except with the consent of the Secretary of State, unless the disposal of the land will lead to improvements in economic, social or environmental well-being - or the difference between the unrestricted and best value of the land does not exceed £2 million.
Therefore in considering Option 5, where there might be a transfer of land without restrictive covenants, the council must examine the public benefits which might be derived from the Parish Council's proposals and whether these benefits are likely to be delivered.
The legal advice CEC obtained from Bevan Brittan LLP said "it is questionable whether the Council facilitating the conversion of an allotment site to car parking would fit its well-being powers and derive significant public benefits."
They also stated "It is unclear whether the relocation of the medical practice in Alderley Edge will be of any direct benefit to the community" and "Alderley Edge Girls School (AESG) has stated that in order to remain competitive it needs to have all weather pitches available to the school but this is not a matter for the Council, as AESG is an independent school that does not benefit the public at large.
"If AESG were to agree to allow public access to their new playing fields facility this would provide some justification for disposing of the site at undervalue as there would be an obvious benefit to the local community."
Bevan Brittan concluded "that any decision to dispose of Heyes Lane or Wilmslow Road at an undervalue would not be in accordance with the requirements of the Disposal Consent and would be at significant risk of challenge on the basis the Council would have acted outside of its statutory powers."
I discussed the transfer of the Alderley Edge allotments with Cllr Michael Jones, Leader of Cheshire East Council, when I met with him yesterday.
He told me "We don't want to give them permanently, our commitment to allotments is 100% so they can only be leased."
Cllr Jones added "I support the development of the medical centre and I support the upgrade of the festival hall. I also support the school having a drop-off point if that can be arranged but we always have to look at getting the best value and protecting the people of Cheshire East."
Click here to read the report in full and associated appendixes.
Comments
Here's what readers have had to say so far. Why not add your thoughts below.
It would also seem best to avoid the 'private' pfi financing, and just do what is required to provide facilities by conversion of whole back-half of hall. There's plenty of parking for everyone at back & sides of the hall, without further development.
'Good article. The important meeting is on Monday 18 June at 9.00 am not Wednesday. (Editor's note: now corrected) There will be a few of us there. We are reserving our celebrations for a little while.
AEPC has not applied to the Secretary of State to over-ride any covenants. It does not have the authority because the plan such, as it is, has never been discussed in Council. It is not approved. There may have been an exploratory meeting in Whitehall but this has no meaning.
A reliable source told me that AEPC representatives have not even made contact with leaders of AESG about the Lydiat Lane land which is so pivotal to the plan. If true, the governors and head teachers must have followed all the correspondence on this website over all these months with incredulity and, I would guess, some bemusement.
Just my thoughts!