The Council receives many applications to purchase areas of amenity open space for use as garden land, for parking, for access or to enable an extension to be built to an adjoining property.
Regardless of the use to which the land is to be put, planning permission for change of use and for inclusion of the land within the curtilage of the adjoining property must be obtained. Amenity open space is covered by the provisions of Policy ORT1 of the Local Plan, which states:
“Subject to other policies of the plan, favourable consideration will be given to the grant of planning permission for development or change of use of areas of existing or proposed public and private open space and areas of visual amenity, only where it can be demonstrated that :
- an alternative public or private open space, equivalent in accessibility, quality, area and facilities would be provided by the developer; or
- development proposals will improve facilities ancillary to the recreational use.”
It can be seen from the above that the Local Planning Authority is keen to retain and safeguard areas of open space wherever possible, but, as with any rule, there are occasional exceptions.
The ownership of the land in which you are interested does not make any difference to the procedure you should follow, which is:
- Establish whether or not a formal planning application for change of use and for inclusion of the land within the curtilage of your property is likely to be recommended for approval. The council’s duty planning officer, who is available between 8.30am and 2.30pm daily, will be able to assist you, although it is usually better to write to the Development Control Manager with a plan or sketch of the land in question. Please remember that there is also likely to be highway implications, if the land is required for access or for parking.
- If it seems that there is some likelihood that planning permission might be obtained, you should find out who owns the land and approach the owner to see if, in principle, you might be able to buy the land.
- Having established that there is a possibility of obtaining planning permission and of being able to purchase the land, you should submit a formal planning application, together with the necessary plans, to the Development Control Manager, Basingstoke and Deane Borough Council, Civic Offices, London Road, Basingstoke Hampshire RG21 7EA.
A schedule of planning application fees can be found here.
- If planning permission for change of use is granted, you will be in a position to negotiate the purchase of the land.
If you are seeking to purchase council owned land, you should be aware that the land has to be sold under the provisions of the Open Spaces Act 1906 and the Local Government Act 1972 and that the purchaser is responsible for all of the Council’s costs.
Apart from the planning application fee and any solicitors’ fees you may incur, you will be responsible for advertising expenses and for legal and surveyor’s costs. These costs will depend on the size and complexity of the transaction and more details can be obtained on application.
The council must sell any interest in land for the best price obtainable, which is usually market value. The value of the land will therefore depend upon prices obtained for similar areas of land.
Any application to purchase land from the council should be made to the Head of Property Services in writing with a location plan and a statement of the current planning position.
