Councillors have made a recommendation that proposals to sell land at Tivoli Brooks in Margate and the former Thanet council depot in Broadstairs should be dealt with separately rather than as one issue.
The authority says the two sites are surplus to requirements with both currently unused and vacant.
However, residents and the Friends of Pierremont Park group question whether the sale of the current access road for the depot – part of the protected park area – is legally and ethically sound.
Last month TDC’s own planning application to create four properties, made up of three terraced houses and a bungalow, on the 0.2ha plot was refused by members on the planning committee.
The main concerns included vehicles using the current access – part of the protected park area that is in constant use by pedestrians.
Now Thanet council says the best option is to sell without planning permission attached, with a caveat that “the council would retain a right of pedestrian and vehicular access in perpetuity for TDC and the public to the park.”
However, the disposal would still include the access road to the depot.
‘Ethically and legally wrong’
Speaking at a council scrutiny meeting last night (September 16) were residents Ruth Bailey and Rob Darg from the Friends of Pierremont Park, who both raised the issue of the access road sale.
Ms Bailey said: “There is a fundamental impediment to the sale of the Pierremont Park depot in that it lacks its own private access.
“To address this, the council is also proposing to sell the access road. The access road to the depot is within the curtilage of the public park and is designated as Open Space under Policy 32 of the Thanet Local Plan so, to sell it off is, in my opinion and that of others, just wrong both ethically and legally.”
She added that during the depot lifetime use of the road was covered by council insurances and safeguards, but added: “If the depot were to be disposed of to a private business, we have no idea, and no control over, how busy or noisy that access road would become.
“It would undoubtedly impinge on the safety and enjoyment of park users and materially affect the quality of this tranquil space.
“Allowing private access is therefore not consistent with the aims of the Open Space policy.”
Ms Bailey said allowing private access across protected Open Space would be a change of use and would require consultation and change of designation.
She added: “Local authorities need to factor in public interest before proceeding with any sale and are required to notify community groups of their intention to dispose of public assets, allowing them to bid and raise funds to acquire the land through a Community Asset Transfer.
“I would urge the committee to recommend, that Cabinet reconsider this disposal and instead explore the possibility of transferring the disused depot back to Broadstairs Town Council for community use…or, at the very least, recommend the exclusion of the access road from the proposed disposal.”
Mr Darg said the site would have ‘minimal value’ due to having no public access. He added that the access road was within a protected park so any sell-off would breach a number of council regulations.
He also raised the issue that there had been no public consultation about selling the site or changing the access point to a private road.
He added that “no part of the disposal process has been fair or transparent” and revealed the Friends group was considering a formal complaint over the way it was being handled.
He said: This is a clear opportunity for a community asset transfer to Broadstairs Town Council or interested community groups.”
Cllr Mike Garner also spoke against the sale plans and said there was interest from both the town council and community groups to use the site as a gardening depot.
A report to councillors on the scrutiny committee- which is an advisory panel- says: “The council is incurring vacant property costs by retaining these assets. It is also impacting on council resources due to the ongoing requirements for maintenance and management of the vacant sites.”
The Tivoli Road site has been vacant since October 2018. It contains a derelict single-storey former Adult Education Centre building within a surrounding site of around 1.66 acres.
The report to councillors says: “The council accepted the surrender of the building from Kent County Council (KCC) on 6 October 2018. Prior to its surrender, the site had ceased operations many years earlier.
“Following acceptance of its surrender from KCC, the council has managed the property and secured it via installing hoarding to limit unlawful entry. However, there have been numerous breaches of security and reports of anti-social behaviour, posing a continuous and serious financial and reputational risk to the council.
“The site also presents a high level of corporate risk due to the condition of the building. The property was constructed using asbestos-based material and therefore, unlawful entry may result in serious harm.”
The report says it would be sold with the employment use covenant retained.
There was no opposition voiced to sale of the Tivoli site.
Thanet council needs to make £1.25m from asset disposals each financial year to be used for capital investment.
The report says: “The Tivoli Road and Pierremont Park assets present genuine commercial opportunities to the open market, and their disposals are strongly recommended as they will not only generate this year’s requirement for capital receipts contribution, but their development by a private entity will bring inward investment into the district.”
Recommendations
However, following discussion Scrutiny will forward two recommendations to Cabinet members suggesting separate decisions for the disposal of Tivoli and that of the Pierremont Park depot and, if the disposal of the depot is approved, it does not go to open market auction but would instead be sold under a process which would allow the council to assess and compare not only the financial benefits but also the merit of the bidder’s plans.
Thanet council is also planning to approve a Community Asset Transfer of the Broadstairs War Memorial to Broadstairs and St. Peter’s Town Council.
well done to those that stepped up. The depot needs to be utilised by Broadstairs town Council for the new amazinggardening team. The gardening in Broadstairs used to be performed by TDC. TDC no longer employ gardeners in Broadstairs.
I agree with Mike and Ruth 100%. TDC trying to sell this could result in legal action. Best to do what KCC did with the Margate land when handed back to TDC and they should simply return it to BSPTC at nil cost as it was gifted for that purpose in the first place and the fact TDC have dropped any gardening responsibility doesn’t remove the need for maintenance in Broadstairs, it just moves who needs to do it which will either be BSPTC or more likely VOLUNTEERS!
Who are the Cabinet Members, and do any of them have connections to Guildcrest Homes, or any other property developers like Cllr Jack Packman does?
https://democracy.thanet.gov.uk/mgMemberIndexGroup.aspx?G=CM&M=CabinetMembers&bcr=1
So the land goes up for sale without the access road, but the land comes with the legal right for unhindered use of the road in perpetuity. Lose Lose for TDC , it makes less on the sale but remains liable to maintain the road.
The lands not used, has no real use , using for some concoted purpose will cost the area both in terms of lost sale income and ongoing maintenance. Are those objecting going to stump up the cash. Alternativley why don’t they get together and buy it when it goes to auction and do with it as they see fit.
Totally there is suspicious property developers and possibly underhanded council seller it’s not the first time we’ll done to stop this corruption