URL: https://democracy.southend.gov.uk/ieDecisionDetails.aspx?ID=1546

Decision Maker: Cabinet Member for Climate, Environment, and Waste

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: Approval of a policy to ensure that the Council has a clear and consistent approach to how it will deal with covenants over park land which provides flexibility and pragmatism while also recognising the importance of covenants affecting its land.

Content: That the adoption of the following policy position in relation to restrictive covenants in parks be approved:   1. Covenants affecting designated parks and open spaces are already subject to a high degree of protection through title registration and the need to advertise any proposed disposal pursuant to Local Government Act 1972 (s.123);   2. In addition to these protections, and subject to 3 below, the Council will operate a general presumption in favour of upholding covenants affecting its park land and ensure that no development occurs in parks without proper consideration. Officers must check the registered title for covenants and engage with relevant stakeholders where covenants exist;   3. While the Council is committed to engaging and consulting, this does not imply indefinite adherence to covenants or publicly consulting where for example, modification or insurance may be reasonable and pragmatic options; and   4. The engagement or consultation process will be flexible on a case by case basis, determined by the Executive Director for Environment and Place in consultation with the Cabinet Member with responsibility for Parks and with input from legal services as appropriate to ensure that any covenants are duly considered whilst still ensuring infrastructure can be installed, or development can proceed where it is deemed the best option.   5. That the Executive Director for Environment and Place shall be authorised to implement this policy. To ensure that the Council has a clear and consistent approach to how it will deal with covenants over park land which provides flexibility and pragmatism while also recognising the importance of covenants affecting its land. The Council could continue without a clear policy on covenants, relying on the basis that they contained in legal documents and registered against the title of land.  Restrictive covenants would be considered and dealt with as required by officers, particularly in the Asset Management and Legal teams.  However, this option would not satisfy the JAP to put in place a policy covering this.

Date of Decision: February 11, 2026