Public Open Space…..can status be changed 🧐🧐

[Aspley]

There is a small piece of land, about size of a small plot, that along with a couple of other small areas of land were instructed to be regarded as public open space when the development of 24 homes was agreed 25 years ago. The area set aside for public space has not beee used since and has remained overgrown. My interest is in the piece of land on which I could develop a property. There is nothing contained within the title deeds relating to the status of the land and my simple question is how could I change the status a POS so that a planning application might be successful. Any help would be greatly appreciated. The are in question is the area outlined in blue on the attached

[atticus]

Please understand that this will be very difficult, if not impossible.

Is the title to this piece of land registered at Land Registry?

Do you use the land at present? If so, how long and for what use?

[Aspley]

Hi Atticus, thanks for your interest. The title is registered, there is no reference within the entries that refer to POS but then I wouldn’t expect there to be.
the one area, designated as a child’s playground is just overgrown, it’s never been used for the intended purpose. What you can’t see from the plan I sent is that the road is a cul de sac , the only hosing built there is that from permission given 25 years ago.

the piece of land at the front left entrance to the street is just grass an a few shrubs, again it is not used

I don’t use the land at all, I’m not sure what I could use it for other than for a dwelling. Maybe caravan storage

[islandgirl]

Councils mandate a certain amount of public space when a development is built. It will form part of the original planning permission. I suggest you look back to what was agreed at the time. If it was mandatory public space you will not be allowed to claim it.

[Aspley]

Yea, I get that. What I would like to argue is that the land that was designated POS is just overgrown wasteland and was never used as intended. Under those circumstances isn’t there is an argument for allowing the land to be returned to useful use. It isn’t any benefit to anyone as it now stands

[atticus]

This land has an owner. You have no standing or right to challenge that. You are effectively asking whether you can steal it: you can't. And that is the end of the matter.

If you want to read more, find the Land Registry guides on "adverse possession".

[atticus]

Just to add that looking at Google Street View it looks like a pleasant and well maintained area.

https://maps.app.goo.gl/uTDJn9EVcYyr732p6?g_st=ac

[Aspley]

Oops a Daisy, , don’t get over excited and jump to ‘teacher mode’ Atticus, I’d have thought you were too long in the tooth to fall into that one. The fact is I do own the land so lecture not required and I would hazard a guess that I know more about ‘adverse possession’ than you do.
Problem with forums is you get minnows using the platform to flex none existent muscles.

Have a great day

[atticus]

Oops a daisy, aspley. Why didn't you say that in the first place? It's kind of basic information.

And hazarding that kind of guess is hazardous, so please don't patronise me with your ignorant arrogance.

[Aspley]

Ok, to keep it simple, ownership details were not absolutely relevant to the simple question relating to POS. I was after a straight forward, (as far as legal stuff can be straight forward), opinion on how one might be able to change the status of a small area of POS that is not used, is overgrown and does not satisfy the purpose for which it was put in place.
The answer could be ‘no effin chance’ or it could be ‘give It a go’ ……I was just after an opinion that’s all, I was not after keyboard battle,

[Huxie]

….., I was not after keyboard battle,

Less of your attitude may achieve your goal.

Is this the development land you previously posted about?
https://legalbeagles.info/forums/for...90%F0%9F%A7%90

[islandgirl]

How do you own land designated as Public Open Space? If it is officially designated such then I think ‘no effin chance’ as you put it is probably the reply. I say that as a councillor on planning committee...And describing one of our most highly qualified and hard working members as a "minnow" will not help your chances of getting advice, methinks.

[Aspley]

I really do look forward to receiving your unqualified apology…….butI won’t hold my breath.

Councillor or not you really should understand the difference between ‘ownership’ and places designated as ‘public open spaces’ they are absolutely different statements . For your information POS’s are not necessarily owned by the local authority, as you must surely know as being on the local planning committee, local authorities do not need to adopt al POS’s

This land is owned by me…..period. I hope I have educated you in this regard. The fact that you are a member of a planning committee sort of demonstrates what a lot of developers are up against. ‘Know all’s who actually know nothing’ but tragically think they do.
I know what I know but far more important than that is that I know what I don’t know.

i respect the contributions that Atticus has made but it should not give him Carte Blanche to seek to lecture innocent unsuspecting enquirers such as me who post a polite question seeking a bit of a steer. You guys will join together and commendably support each other but before doing that do read back on my posts and reflect on whether or not they do make sense.

Councillor Island Girl, I look forward to your apology, or evidence to the contrary, with bated breath. I would have thought your raisin d’etre as a councillor would be to give absolute support to development in line with central governments aims.
i.e. The answer should be ‘YES’ now what is the question.

[Aspley]

Less of your attitude may achieve your goal.

Is this the development land you previously posted about?
https://legalbeagles.info/forums/for...90%F0%9F%A7%90

thank you for your question and interest. No, that was different transaction that was prosessed as I’d hoped without issue.

I think my attitude is spot on and is entirely understandable when one gets pompous replies to polite enquiries. It happens all the time on forums such as this.

[EXC]

That's it.

Thread closed.