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The Council disposes of surplus land. This can follow from the Council reviewing its property holdings or from a request from a potential purchaser.

Surplus Land

If land is deemed to be surplus to its existing use the Council may determine to dispose of the land in question. Typically, the Council would seek to obtain planning permission for any alterative use before marketing the land. Land is sold in accordance with the Council’s Code of Procedure relating to the disposal of land and buildings and typically the preferred method of sale is informal tender.

Garden Land

It is possible for an individual to request that the Council dispose of land for the purpose of extending their garden. The Council considers all such requests carefully. If the land in question is open space it is frequently the case that the land is subject to restrictive covenants which would only permit the land to be used for specific purposes.

If the Council agrees to the sale of any land for garden purposes it should be borne in mind that:

• Unlike most other landowners, local authority have a statutory duty under the Local Government Act 1972 to obtain the best price for any land it sells. There is also a fiduciary duty to local council tax payers and there would have to be every exceptional reasons for any sale to be at less than the best price (this would only usually arise if there were general benefit to the wider community not to an individual).
• If the land was acquired under the provisions of the Open Space Act 1906 it would be necessary to advertise the proposed disposal and take into account any representations made.
• The Council would anticipate that its reasonable surveyors and legal costs would be met by the purchaser.
• The purchaser would be responsible for the erection and maintenance of any boundary fences.
• The purchase would be responsible for obtaining planning permission for integrating the land into the garden.

Requests for purchase any of the Council’s land should be made in writing to the Council’s Estates Manager at Ashfield District Council, Urban Road, Kirkby in Ashfield, Nottingham, NG17 8DA. The letter should:

• provide a short description of the land you wish to purchase,
• the reason(s) why you wish to acquire the land,
• enclose a sketch plan which identifies the land in relation to your property.

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