Council continues to upkeep green spaces on Sandbach estate following furious backlash
By Belinda Ryan - Local Democracy Reporter
2nd Feb 2024 | Local News
Cheshire East Council has agreed to continue the upkeep of green spaces on a Sandbach estate, while it looks further into the legal position following a furious backlash from residents.
More than 50 residents packed into the council's HQ at Sandbach for a meeting of the environment and communities committee on Thursday (February 1), as councillors debated the proposed green spaces maintenance policy.
The council has reviewed 435 sites across the borough which it currently maintains but doesn't own, and plans to stop the upkeep of some from April 1.
When the matter was first considered by the committee in September, residents living on the Grangeway Estate were furious to learn Cheshire East was proposing to stop maintaining 37 green spaces on their estate, but planned to continue the upkeep of other land saying it couldn't identify the owner – including land owned by the King.
Five public speakers at yesterday's meeting questioned the council's 'flawed' data.
And Elworth councillor Nicola Cook (Ind) told the committee she had documents proving the land on the Grangeway had been adopted by the council in the 1970s.
Cllr Cook, speaking as a visiting councillor, said: "I have provided committee with legal agreements which cover the whole of the estate and in each of these agreements it states the highways will be maintained at the public expense and, as a result of this legal position, maintenance has actually taken place for more than 50 years."
She said the legal agreements stated the green spaces are part of the highway and included maps highlighting them.
"The statement that the 37 plots of land are privately owned and not been adopted by the council is completely contestable as a result of these legal documents, risking a long and expensive legal challenge all for the saving of £7,000, which is the cost of maintaining the estate on the Grangeway," said Cllr Cook.
Resident Steve McDermott said: "I'm certain that no responsible or reputable councillor following the will of the people would blindly go ahead and vote on flawed information, particularly given the real harm it is causing the residents."
During the debate, committee members also seemed concerned about the quality of the council's data.
Wilmslow councillor David Jefferay (Ind) said: "There are clearly inconsistencies and flaws…
"In the case of the 37 plots that Cllr Cook identified, it seems to me that there is clear evidence that it is adopted.
"I don't buy that we don't have responsibility for the grass verges."
Knutsford councillor Stewart Gardiner (Ind) said: "We've spent over an hour talking about one estate in Cheshire East and it would be remiss of us, as a council, to dump an entire policy because of that one anomaly.
"I think it would be pragmatic of us, as a committee, to request the pieces of land in that estate are removed temporarily from this policy document, that they are subject to full review of all the situations."
He added: "We have to remember that we have been, as a council and by our predecessor authorities, committed to maintain these pieces of land for more than 50 years and I do believe if this matter went to court we would find ourselves looking rather foolish in terms of why did we carry on doing it…
"When the transfers took place from Cheshire County Council or Congleton or whoever within Cheshire East to Cheshire East at that time, due diligence clearly wasn't undertaken to ensure that the land we were receiving responsibility for was actually our land."
Cllr Gardiner moved an amendment for a full review of the situation on the estate and that, in the meantime, the maintenance on the 37 plots continues after April 1 when it would have stopped under the new policy.
This was unanimously agreed.
The committee also approved the original recommendations which included approval of the final details of the proposed green spaces maintenance policy and associated schedules across the borough.
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