Waverley Borough Council

Executive

7 january 2020

Title:
Policy on consent for the use of Common Land and Council-owned and and property

Portfolio Holder:	Cllr Mark Merryweather, Portfolio Holder for Finance, Assets and Commercial

Head of Service:	Peter Vickers, Head of Finance and Property

Key decision:	No

Access:	Public

1. Purpose and summary
The Council has responsibilities as guardian for common land and as land- and property-owner. The Council receives approaches for granting consent to use land within the Borough for a variety of purposes, and having a formal policy will ensure that proper consideration is given to all impacts that granting consent for use could cause.

2. Recommendation
It is recommended that the Executive approves the Land Use Consent Policy.

3. Reason for the recommendation
The Council has responsibilities as guardian for common land and as land and property owner and in seeking to protect its interests in all land and property assets within the Borough. The Policy is to ensure consideration is taken of all impacts granting consent could cause.

4. Background
4.1 The Council has responsibilities as guardian for common land and as land- and property-owner, and in seeking to protect its interests in all land and property assets within the Borough. The Council receives approaches for granting consent to use land within the Borough for a variety of purposes. Therefore, it is appropriate to put a formal policy in place to enable the Council to take decisions on whether granting consent is appropriate. The proposed Policy is detailed in Annexe 1. 4.2 The Policy is to ensure consideration is taken of all impacts granting consent could cause. The policy does not seek to prohibit use but to ensure each application is assessed on its own merits and decisions taken on whether or not to grant consent are taken the best interests of all those concerned. 4.3 The Policy will apply to all applications for consent for the use of common land and Council-owned land and property.

5. Relationship to the Corporate Strategy and Service Plan
5.1 This report relates to the Council’s Corporate Strategy as it supports the promotion of responsible planning and development and protecting the environment of the Borough, and open and transparent decision-making.

6. Implications of decision
6.1 Resource (Finance, procurement, staffing, IT) There are no direct financial implications to this report.
6.2 Risk management The adoption of the Land Use Consent Policy will mitigate against the risk of the impacts of granting consent for land use not being considered fully before consent is granted.
6.3 Legal The Policy will enable the Council to establish an objective policy framework against which to consider and determine applications for consent for the use of the land and property it owns, and that common land where it operates a guardianship role.
6.4 Equality, diversity and inclusion This policy supports the promotion of accessible open space for all. There are no direct equality, diversity or inclusion implications in this report. Equality impact assessments are carried out when necessary across the council to ensure service delivery meets the requirements of the Public Sector Equality Duty under the Equality Act 2010.
6.5 Climate emergency declaration The adoption of the Policy will ensure that applications for use of land will be considered in relation to the potential harm from social, environmental and economic perspectives and with reference to the Council’s Corporate Strategy, Capital Strategy and the Council’s declared Climate Emergency.

7 Consultation and engagement
7.1 The Policy was considered by the Council’s Management Board on 7 November 2019.

8. Other options considered
8.1 To not have a policy for consent of use of common land or council-owned land or property. This presents a risk of the impacts of granting consent for land use not being considered fully before consent is granted.

9. Governance journey
9.1 The Policy is for approval by the Executive.

Annexes:

Annexe 1 – Policy on Consent for use of Common Land and Council-owned land

Background Papers

There are no background papers, as defined by Section 100D(5) of the Local Government Act 1972).

CONTACT OFFICER:

Name:	Vicki Basley

Position:	Senior Accountant, Finance and Property

Telephone:	01483 523250

Email:	vicki.basley@waverley.gov.uk

Agreed and signed off by:

Legal Services: 15 November 2019

Head of Finance: 3 November 2019

Strategic Director: 7 November 2019

Portfolio Holder: 19 November 2019