Issue - meetings

Appropriation of Land at Rabley Wood Marlborough

Meeting: 30/01/2018 - Cabinet (Item 182)

182 Appropriation of Land at Rabley Wood Marlborough

Report byAlistair Cunningham, CorporateDirector

Supporting documents:


Councillor Toby Sturgis presented the report which sought agreement to appropriate land, as identified in this report, for disposal of the Site.


Representations in objection to the proposal were received from Mrs Jayne Baker, Councillor Guy Loosmore of Malborough Town Council, and from Mr Stewart Dobson. The meeting noted the questions and answers circulated in the agenda supplement.


It was noted that Stewart Dobson, having declared a pecuniary interest, spoke in a personal capacity.  


In response to the objections raised, Councillor Toby Sturgis reiterated the planning history of the site including the decision made by the Planning Inspector in relation to the suitability of the land identified for alternative recreational use. He also stated that he was satisfied that issues such as flooding could be dealt with through the planning conditions attached to the planning permissions.


In making his proposal, Councillor Sturgis suggested an amendment to make reference to the objections made, and to confirm the original decision made in 2012 to dispose of the land.




1.      That having considered the objections set out in the consultation and included in the supplement to the report, to appropriate for planning purposes the land at Rabley Wood Marlborough (as shown on the plan in Appendix 1 of the report) under section 122 of the Local Government Act 1972 which is currently held as open space; and


2.      To confirm the decision, made at the meeting of the Cabinet Capital Assets Committee held on the 24 July 2012, that authority be given to proceed with the disposal of the land at Rabley Wood, Malborough including the delegation for the completion of necessary legal transactions to the Corporate Director, or as permitted by the scheme of delegation.


Reason for decision:


To ensure the land can be disposed of free of any rights and obligations arising from its use as public open space.