Agenda item

Following the approval of a Motion at the Council meeting in December, 2025, to consider matters relating to the maintenance of unattached land (copies of Motion minute wording and document outlining process and cost of acquiring Crown Land attached).

 

James Duggin, Executive Head of Operations, will be in attendance at the meeting to provide a presentation and to guide the discussion.

The Chair welcomed Mr James Duggin, Executive Head of Operations, and Ms Julia Hutley-Savage, Principal Regeneration and Property Solicitor, who presented information in relation to the maintenance of unattached land, which had been the subject of a Motion that had been approved at the Council meeting in December, 2025. The wording of the Minute relating to the agreed Motion was attached to the agenda and requested that the Board should consider and report to the Cabinet:

 

·                    Feasibility and associated costs of undertaking an urgent review of all parcels of unattached or unregistered land within the Borough, in order to confirm the appropriate owners and clarify responsibility for their maintenance

 

·                    The extent of emergency works needed to address neglected areas and the funding requirements for this

 

·                    The projected costs, resource implications and legal considerations of the Council assuming ongoing responsibility for maintaining such areas on a permanent basis

 

·                    Proposals for the establishment of a formal working partnership with Crown land authorities, Hampshire County Council and other relevant bodies including, where appropriate, Rushmoor agencies to coordinate land management and ensure clarity of ownership and responsibility

 

The Board was advised that there were four ways that the Council could take ownership of Crown land:

 

·                    Negotiated Purchase – direct negotiation with the Crown Estate to acquire land

 

·                    Bona Vacantia Process – acquisition of land from dissolved companies through formal application to the Bona Vacantia Division (BVD) of the government Legal Department

 

·                    Adverse Possession – obtaining of ownership by the uninterrupted use of land for 30 years without the owner’s consent

 

·                    Compulsory Purchase – although this generally cannot be used against the Crown

 

In relation to non-Crown land, there were several ways that the Council could take ownership of land including all of the above, with the exception of the Bona Vacantia Process.

 

Members were informed of the processes and costs associated with each of these options and this information had also been including within the agenda pack.

 

In conclusion, the Board was advised that:

 

·                    There was an unknown quantity of parcels of Crown or unattached land across the Borough

 

·                    The Council did not have sufficient resources within the core establishment for a significant acquisition process

 

·                    Costs of acquisition were not fully known and would be highly variable based on a number of factors

 

·                    A trial process was recommended to learn more

 

The Board was asked to consider:

 

·                    Members’ views on the overall purpose of this project

 

·                    Given the current resourcing picture, how did Members want to proceed?

 

·                    How would the Council determine community benefit to any proposed acquisitions?

 

·                    Would the Board be happy to consider a trial?

 

·                    What updates would Members like to see before the next meeting?

 

In discussing the content of the presentation, the Board raised the following points:

 

·                    Queried what would happen if conducting a trial acquisition as LGR happened – confirmed the new Council would have to continue if contracts exchanged

 

·                    Confirmed that some large areas involved but expected to be mostly small parcels – but not known for sure

 

·                    A view was expressed that this was not a key issue for the Council ahead of LGR

 

·                    Not so much buying the land as establishing who is responsible for it – to help residents

 

·                    Where we know the landowner, can we carry out any works and charge back to the owner? Confirmed the Crown does not pick up such charges and with other owners, this approach would put the Council at risk

 

·                    Noted that some of the land is County Council owned

 

·                    Suggested the Crown may be keen to release some parcels bulked together – whilst best value must be obtained, this can be expressed as community best value

 

·                    Council should target areas that would make a difference

 

·                    Confirmed that level of legal costs could be a problem, especially where cases were complicated – in negotiations with the Crown, Council would be required to pick up all of the legal costs

 

·                    Worth speaking to Vivid? Would they give us the land if the Council paid the legal costs?

 

·                    A few areas in Fernhill Ward that might be good for trial

 

·                    If decided not to progress with large scale exercise, could we at least strengthen contacts with Crown Estates?

 

·                    Was it worth involving Alex Baker?

 

The Chair thanked Mr Duggin and Ms Hutley-Savage for their input and confirmed that this item would be programmed to be discussed again at a future Board meeting.