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17 Aug 2014

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Budleigh Salterton, EDDC

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Budleigh Car Park Round 2 – traders and residents bite back

http://www.devon24.co.uk/news/new_twist_in_campaign_to_keep_car_park_free_1_3728674

and as our commentator informs us, look here for details of the covenants:

https://www.whatdotheyknow.com/request/budleigh_salterton_car_park

Will it be yet another case of EDDC “buying out” the covenants from Clinton Devon Estates as they did with Exmouth seafront, and, if so, has this cost been factored in?

3 thoughts on “Budleigh Car Park Round 2 – traders and residents bite back”

  2. Have EDDC got the right car park in this reply? – “Prior Hotel use” suggests they may be mistakenly referring to the Rolle Hotel Mews, converted long ago to the paying car park in Fore Street. To my knowledge no building has ever existed on the once agricultural land given to the “People of Budleigh Salterton”, adjacent to the Green above the Public Hall. From the Journal article Clinton Devon Estate seem to be referring to a different lease with clearer wording of intent that the space was for the “free” use of the people.

    In any event, EDDC will try to claim, as they did in Exmouth seafront, that the “Democratic Will of the People” overrides any covenant and Clinton Devon Estate should step aside. This is a hard claim to justify, given the strength of local opinion. An even harder claim would be the other EDDC mantra that it represents the will of “the silent majority”.

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  3. As far as we are aware, the points in the attached excerpt (and others in the deed) from title no DN349560 pertaining to the land including the Station Road ‘FREE’ carpark are as follows. This doesn’t appear to bear any resemblance to that sited from EDDC in response to the FOI request from Mr Freeman regarding the same…(section (c) below)

    Could we hope that somebody informed, unbiased and in authority from EDDC would explain here to the posts above, rather than us having to pick up pieces from the press, blogs, uninformed councillors, rumour etc..

    …and bear in mind that although ‘owned’ by EDDC, the vast majority of the upkeep of the Station Road carpark has been paid for by the Town, and not from EDDC funds.

    Schedule of restrictive covenants
    1 The following are details of the covenants contained in the Conveyance dated 22 April 1947 referred to in the Charges Register:-
    “The Council on behalf of itself and its successors in title owner or owners for the time being of the land hereby conveyed hereby covenants with the Grantor his successors in title owner or owners for the time being of the adjoining lands of the Grantor and as a separate covenant with the Grantor henceforth to observe and perform the covenants and conditions particulars whereof are set forth in the Second and Third Schedules hereto respectively.
    THE SECOND SCHEDULE
    COVENANTS AND CONDITIONS AFFECTING THE LAND FIRSTLY DESCRIBED IN THE FIRST SCHEDULE
    (a) The Council shall keep the hereditaments hereby in the First part of the First Schedule hereto described save such part thereof as shall be laid out and kept for the playing of bowls tennis croquet putting or any other game for which space shall be provided by the Council requiring the provision of a special court lawn or green in good order as public playing fields or open space park and pleasure ground for the free use and enjoyment of the public and to keep in good repair and condition all fences stiles and gates upon or about the land and to keep all such courts lawns or greens as aforesaid in good order and to permit members of the public to have access thereto for the purpose of playing games upon payment of a reasonable charge to be fixed from time to time by the Council.
    (b) The Council shall keep the grass land and the paths in good order and condition and shall keep all trees now or hereafter grown upon any part of the land affected hereby protected against injury.
    (c) The said land or any part thereof shall not at any time be used for any trade or business whatsoever or otherwise than as a properly ordered Public Recreation Ground for the use of inhabitants of and visitors to Budleigh Salterton only without the consent in writing of the Company first obtained and that the said land shall be daily open to the public on such conditions and subject to such Byelaws and Regulations as shall from time to time be laid down by the Council but this clause shall not preclude the Council from charging a fee for the playing of games as in Condition (a) hereof.
    (d) School children shall not be permitted to resort to the land in such numbers as to be or become a nuisance or annoyance to the General Public and the Council shall if necessary and practicable make byelaws to prevent such occurence but this condition shall not render it incumbent on the Council to provide a full time attendant to exclude children should other means prove ineffective to this end.
    (e) The Council will not do or permit to be done anything upon the land which may be a nuisance or annoyance to the Grantor or the Company or any of his or its lessees or tenant.

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