Decision details

To consider the objections received following advertisement of the potential disposals of open space under s123(2A) Local Government Act 1972

To determine whether the proposed asset transfers to Westbury Town Council should continue.

Following consultation with officers I give notice that I intend to make the decision set out in the attached report. If you would like to make any representations to me on this issue please do so by 17 January 2025.

To support the decision made by the Leader of the Council on 27 June 2024 to enter into a Service Devolution and Asset Transfer with Westbury Town Council and ensure the transfers take place.

Not to proceed with the asset transfers – this will result in the whole Service Devolution and Asset Transfer process being aborted and will result in the services being retained by Wiltshire Council. The option is not being considered. The transfers of the properties will impose covenants ensuring the continued use of the properties for community use (the Community Use Covenants), including those properties that are used as open space.

Where any property is held by Wiltshire Council under either section 164 of the Public Health Act 1875 or section 10  of the Open Spaces Act 1906, the property will be freed from the statutory trust under which it is currently held, but will be transferred subject to the Community Use Covenants.

The consultation plan for this report includes the parish clerk of Westbury Town Council, the local elected members for Westbury and the Cabinet Member making the decision.

The Council have also written to those who submitted an objection to the disposal of open space setting out the process for decision making and giving grouped responses to the objections.