City Hall bosses have revealed they will need to “appropriate” almost 80 acres of land earmarked for housing, to stop it being claimed for a village green.

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Norwich City Council is hoping to build 1,000 new homes at the Three Score site in Bowthorpe, which the authority owns.

But officers have discovered the site has a confused history when it comes to how the land was acquired.

The council’s records refer to the land being acquired in 1973, under three separate powers.

It was allocated for development, in 1974, although it is only now, after a deal was struck with the Homes and Community Agency, that homes are on the brink of being built.

While it is assumed the original land acquisition was done under planning powers, no plans have been found in the vaults at City Hall to show which areas of land were acquired under which powers.

And that has the potential to cause the council a problem, because, under the Commons Act 2006, people can apply to register land as a town or village green where “a significant number of local inhabitants have indulged as of right in lawful sports and pastimes for at least 20 years.”

The council says such a claim is a risk on all development sites, but recent case law had established that, where councils had acquired land for planning purposes and granted planning permission to develop the right to use sites for village greens was overridden.

In the absence of records stating which parts of the 79.11 acre site were acquired under planning powers, the council’s cabinet this week agreed to advertise to “formally appropriate the land for planning purposes”, to close that potential loophole.

At the cabinet meeting, Claire Stephenson, leader of the opposition Green group, asked if there was a “real possibility” of someone trying to claim the land as a village green and if anybody had indicated they were interested in doing so.

Jerry Massey, director of regeneration and development at Norwich City Council, said they had not, but, as a matter of procedure, the council ought to ensure the site is developed “in the correct and proper manner”.

The development of the Three Score site was agreed in principle in 2008, but a revised outline planning application is due to be made later this year.

Taylor Wimpey has been selected as the preferred bidder to build the first 180 homes at the site,

• Do you have a story about a local council? Call reporter Dan Grimmer on 01603 772375 or email dan.grimmer@archant.co.uk

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6 comments

  • Brown envelope ideology...." we are all Thatcherites now"...nuLabour, the party for the greedy and champagne social*st .

    Report this comment

    nrg

    Friday, February 17, 2012

  • it really does Beggar belief! Norwich City Council have been liaising with Architects in London, consultations with the local community and tendered Builders in this stopstartstopstart merry go round ...and now they find out that they may not have the lawful right to build on it anyway .....can they be trusted to build it correctly ......i think they should leave it be now....

    Report this comment

    Valleyred

    Friday, February 17, 2012

  • I see this as similar to Mousehold Heath, years a go this beautiful heath extended out as far as The Brickmakers pub cross roads way out along Salhouse Road, now look at the size of this heath. Pitch 'n putt what next?

    Report this comment

    Paul Platten

    Friday, February 17, 2012

  • This land must be kept as common land for the people. If Norwich City Council want to build, then build near to where your MP lives and see how she likes it !.

    Report this comment

    "V"

    Friday, February 17, 2012

  • they have got it the wrong way round.green space should be preserved and cherished especially in over crowded built up areas.see lyrics of "BIG YELLOW TAXI".

    Report this comment

    bookworm

    Friday, February 17, 2012

  • Please please please reclaim the land as a common green, people of Bowthrope. It will be a small but not insignificant thorn in the side of Norwich City Council's corporate approach to town planning.

    Report this comment

    Mr Foxglove

    Friday, February 17, 2012



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