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Planning Applications Community Right To Bid Determination Form Localism Act 2011 The Assets of Community Value (England) Regulations 2012 Determination by Director of Place Nomination Reference: BL\2021\ENQ\09337 Date of Nomination: 11th April 2021 Site Address: Land to the south of Kingsley Close, Feniscowles, Blackburn Land/Property Land – Green Environmental Space Description: The public open space that was provided as part of the original Kingsley Close development. The area is illustrated as such in the initial property brochure for Kingsley Close, which can be found in the supporting document ‘Local Green Space Designation Application – Kingsley Close’. The site is bounded by Kingsley Close to the north, the Leeds and Liverpool Canal to the west, and Stockclough Lane to the east. Asset Owners: Name & Address of Asset Connection to the asset Owner Dorbcrest Homes Ltd, Freeholder The Old Carnegie Library, 361 Ormskirk Road, Wigan WN5 9DQ Nominating Organisation: Name of Organisation: Proof of eligibility to make a community Livesey Parish Council nomination: Type of Organisation: The Parish Council is a statutory body that is Parish Council entitled to make an application for Asset of Community Value status. The land is within the Parish Council boundaries and the Parish Council has been engaged with local residents about the future of the land. Summary of Reasons given by the Nomination Organisation as to why the asset should be identified to qualify as an asset of community value: An extract from the submission is below, together with the location plan: 1 Copy of photograph taken by residents relating to the use of the land Extract from Submitted Location Plan: 2 Copy of Title Plan : LA 907235: 3 Copy of Title Plan No: LAN214719 Description of the Nominated Asset and Current Ownership The Nominated Asset is an area of land to the south of Kingsley Close, Feniscowles, Blackburn. The public open space that was provided as part of the original Kingsley Close development. The area is illustrated as such in the initial property brochure for Kingsley Close, which can be found in the supporting document ‘Local Green Space Designation Application – Kingsley Close’ 4 This area of land is Freehold and is owned by Dorbcrest Homes Ltd, The Old Carnegie Library, 361 Ormskirk Road, Wigan WN5 9DQ – as stated on the submitted nomination form. Evidence that the Nominator is eligible to make a nomination The Parish Council is a statutory body that is entitled to make an application for Asset of Community Value status within Blackburn With Darwen. The land is within the Parish Council boundaries and the Parish Council has been engaged with local residents about the future of the land. Land Registry Information The land is registered in the administrative area of Blackburn with Darwen. Ordnance Survey map reference 100019493 Land Registry Title Numbers: LA907235 & LAN214719 Title Plan of Nominated Asset, with boundaries clearly marked in pink Title Plan Number Title Plan Date Our Requirements The land is wholly within the area of Blackburn with Darwen Borough Council. The land’s main use has always been, since the Kingsley Close development was completed in 2002/2003, for the social wellbeing and social interests of the local community. This is supported by the fact that the creation of the open space was necessary due to the Local Plan policies of BwDBC at the time. The land continues to be used by the local community for their social wellbeing and interests. Ample evidence of all this is included in the supporting document ‘Local Green Space Designation Application – Kingsley Close’ The land does not fall within one of the regulatory exemptions. Supporting information submitted on behalf of the residents of Kingsley Close: 5 6 7 8 9 Response to the Consultation: Council’s Strategic Growth Planning Policy Manager 12th April 2021: We agreed that this site met the criteria for a Local Green Space (LGS) based on the submission last year – clear evidence was provided on its historical use and that the land was demonstrably special to the local community. This is why it was one of the 2 LGS’s identified in the Reg18 Consultation Draft Local Plan (Policy PAP3). I would just point out it isn’t formally an LGS until the new plan is adopted but there do not appear to have been any objections to this in the recent consultation so its highly likely to proceed to adoption. I have no specific further comments on the ACV application itself. 10 The Ward Councillors for Livesey with Pleasington, together with the Chair of the Planning & Highways Committee and Executive Member for Place were notified regarding the nomination on the 12th April 2021. No comments have been received. All of the residents of Kingsley Close were notified of the nomination on the 12th April 2021. The following comments were received: Mr & Mrs Morley, 15th April 2021: We are residents of Kingsley Close who live very close to the land south of Kingsley Close. We would like to offer our full support for the application for Asset of Community Value status requested by Livesey Parish Council. Mr & Mrs Morley Mr & Mrs Hindle, 25 Kingsley Close, 18th April 2021: Mr & Mrs Parkinson, 33 Kingsley Close, 20th April 2021: We would like to inform you of our full support in the recent application for the above piece of land to be included on the council’s list of Assets of Community Value. Yours faithfully Neil & Ashley Parkinson. 33 Kingsley Close. Amanda Barnes, 31 Kingsley Close, 3rd May 2021: In relation to the nomination request made by the “Livesey Parish Council” to include the land to the south of Kinglsey Close on the Council’s List of Assets of Community Value. I support this nomination. 11 Ian Barnes, 31 Kingsley Close, 3rd May 2021: I am writing to confirm my support for the Livesey Parish Council’s application to register the Public Open Space (POS) to south of Kingsley Close as an Asset of Community Value. It is already registered as Protected Local Green Space, but if this further protects it from unscrupulous developers then it gets my backing. Personally, as resident I feel that BwD Borough Council have let us down with the POS to the south of Kingsley Close. For reasons that have yet to be adequately explained, the Council failed to adopt the land and this has allowed Dorbcrest to apply to build yet more houses on an area of land that is highly valued by the local community. Bearing in mind, that when we moved into this new development we were all given an assurance that the POS land would be adopted and maintained by the Council. I see the Asset of Community Value registration as another layer of protection. But, the Council need to address the longer term issue of ownership and maintenance. To me, they need to make good on their promise to adopt the land, even if this comes at a cost. But, whoever owns the land, they need to be forced to maintain it. The current owner hasn’t done that for nearly a decade. Instead the residents have had to arrange for the grass to be cut and fences to be mended. And now Dorbcrest have verbally threatened to fence off the entire area to block public access and prevent us from maintaining it. In effect, they plan to ruin the area if they cannot build on it, no doubt in the hope that this will force the Council to give them the planning permission that they desire. Let me tell right now, this would not be tolerated by the residents -we would make an official complaint to the Council, we would go the press and if needs be we would go to the Local Government and Social Care Ombudsman. Regards Ian Barnes Amanda Barnes, 31 Kingsley Close, 12th May 2021: Please see some more evidence of residents and their families using the POS. These are just the ones that residents came-up with immediately on my request to show more recent times on the POS, so there will be more evidence that I can offer over the coming days from dog walking to more families having fun. Last year, some of the young girls on the close were looking to go camping for some sort of expedition and wanted to practise putting tents up in the POS with their families. Lots of giggles and fun that day! Next door’s dog loved it – getting lots of attention and stroking from the youngsters. 12 The below pictures were taken 12th Aug 2020. It was a birthday party for the grandson of a resident. Socially distanced fun in the open air. All generations coming together. Amanda Barnes, 31 Kingsley Close, 15th May 2021: With regards to the “representations that have been received from the landowners’ consultant to the nomination” my understanding is that the Parish Council is to provide a response to this, however I also wanted to make clear the following in relation to the Jubilee celebrations… The pictures provided on the LGS application show more than just the Jubilee event but also show Pippa’s 1st birthday party. As I recall, and as the photos show, a bouncy castle was erected for the Jubilee event. A bouncy castle and a marquee were also erected for Pippa’s party. Whilst I am confident that my direct neighbours or any of the residents that I have managed to speak to so far, did not seek permission to hold the Jubilee event on the POS, I cannot vouch for ALL residents. However, I very much doubt that anyone else requested permission, and I believe that this is a moot point anyway - if someone did contact Dorbcrest then this would merely have been out of courtesy, as a large marquee and bouncy castle were erected.
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