Decision details

The Cabinet Member with the Economy Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to a motion from Council regarding the development of a Deed of Dedication for the whole of Springfield Park.

The submitted report stated at the Council meeting held on 26 November 2020 it was agreed that Cabinet would consider a report on the possibility of creating a Deed of Dedication on Springfield Park, Darlington; Springfield Park was Council owned land and had been designated in the emerging Local Plan as a Local Greenspace which gave it added protection; a Deed of Dedication was an added protection on the use of a piece of land; there were different forms of protection for recreational land currently in use, including covenants, town and village green registration and the formal planning process; Springfield Park was already afforded protection as the Council was the landowner, and furthermore Cabinet passed a resolution not to allow an access road through Springfield Park to the proposed Skerningham development; and outlined the options available.

It was reported that a very small part of the corner of Springfield Park adjacent to the existing Thompson Street mini roundabout had been identified for highway improvement; S.106 Agreements had been completed which, at the relevant time, would result in contributions being made to enable the highway mitigation works for the A1150 which, when implemented, it was believed would have a positive impact upon traffic flow across the borough; and that a Deed on the whole of the site would have serious implications for that proposed highway improvement.

A Member in attendance at the meeting addressed Cabinet regarding the protection and safeguarding of Springfield Park for the future.  Questions were also raised by a member of the public on whether Springfield Park was safe, should a Deed of Dedication not be made.  Reference was also made at the meeting to the development of the Thompson Street roundabout, which required part of Springfield Park to develop it and the traffic problems associated with the current roundabout.

The Cabinet Members with the Economy, Local Services, Children and Young People and Health and Housing Portfolios responded thereon.

RESOLVED - That the application for a Deed of Dedication for Springfield Park, be not supported.

REASONS – (a)  The land has the protection of being land in public ownership and has been referenced in the local plan as public green space.

(b)  A Deed of Dedication would fetter all future considerations of the use of this land in perpetuity, including otherwise reasonable changes and development.

(c)  A deed on the whole of the site would have serious implications for legal agreements that have been entered into concerning the Thompson Street roundabout and already proposed highway improvement to the A1150.

(d)  Making such an application would potentially set a precedent that could have wider implications in other areas.

(e)  Given a previous Cabinet resolution not to allow an access road through Springfield Park to the proposed Skerningham development the use and future amenity of this land does not require additional protection through the establishment of a Deed of Dedication.