Enquiry to purchase small areas of council land or public open space

We can only sell land in our ownership. You can check ownership at the Land Registry.

We will not sell open space land which is:

• greater than 50sqm in size
• located within a Conservation Area
• designated as a Site of Importance for Nature Conservation (SINC) or Local Nature Reserve (LNR)
• of significant biodiversity value or part of a valued habitat containing for example protected species
• part of a recreational/playing field or sports pitch
• contains mature trees
• located within a Valued Park or Open Space*
• located in a ward which is deficient in multi-functional green space*

*As defined in our Green Infrastructure Strategy. Our adopted Green Space Standards set out the quantity of multi-functional green space which should be available per person within the borough. Using population data a total amount/quantum per ward has been calculated. Where a ward fails to meet the quantity of open space set out in the standards, we are unlikely to sell areas of open space for private residential use, as this would result in a further loss of multi-functional green space for the local population to use and enjoy.

We will usually only sell areas of public amenity open space in exceptional circumstances. This may include:

• when an area of land is difficult or impossible for us to access for routine maintenance
• where, due to severe gradients (typically greater than 1:1, 45 degrees), an area of land is considered to be unsafe for public use, and its enclosure for private garden use would be more appropriate

You must carefully consider the criteria above before making an application to purchase land, as applications which do not meet these criteria are unlikely to be successful.

The future use of any amenity open space land we do sell will be restricted to garden use only. This must not include permanent built structures or hard standings. The Transfer agreement will include suitable legal covenants restricting its use to garden land. These will be registered at the Land Registry.

It is likely that you will need to obtain planning permission to allow the land to be used for the benefit of your property rather than its current use, as open space. You will need to obtain planning permission for change of use or gain confirmation from our Development Control Team that planning permission is not required, before any sale can be completed. If planning permission is refused the land cannot be sold. All planning fees are non-refundable.

Securing planning permission does not guarantee that we will sell the land.

You will also require your own legal advice and must cover any legal fees associated with this, including any costs associated with the land sale/purchase (such as Land Registry registration fees). As relevant, and in due course, you will need to advise our legal team of your legal representative.

All applications must be made online and include payment of a non-refundable fee of £210. This does not guarantee that your request will be successful. Applications must include all the relevant information required, as we will not be able to process incomplete applications, and these will be rejected and fees will not be refunded.

We recommend that you also consult with the council’s planning team prior to making your application to seek free pre-application advice regarding the potential for a change of use.

Please note it is your responsibility to find out if planning permission is required and apply accordingly. Securing positive planning advice and/or a change of use does not guarantee that the land sale will be approved.

Apply to purchase council land/public open space less than 50sqm