Secretary of State Asked to Carryout Play Park Compulsory Purchase Against Westmorland and Furness Council.

Secretary of State Asked to Carryout Play Park Compulsory Purchase Against Westmorland and Furness Council.

Local play parks and other assets are often seen as items that should belong to the local community they are part of, Penrith Town Council has since it was established pursued devolution of assets in the town with a long list of assets including play parks, Penrith Town Hall, New Squares, Carparks, Tourist Information Centre, Museum, Leisure Centre, Cemetery, and Castle Park among the list of assets the town council has tried unsuccessfully to get devolved from Westmorland and Furness Council and the former Eden District Council.

A parish Council just south of Penrith has after years of also unsuccessfully pursuing the devolution of a play park in its community taken the unprecedented action of formally requesting the Secretary of State Michael Gove MP’s intervention in the long-standing battle with Westmorland and Furness Council and the former Eden District Council to secure the devolution and acquisition of Clifton Play Park to secure its future for the community.

Clifton Community Council has pursued negotiations for the past four years, seeking the transfer of ownership through devolution from the former Eden District Council and now its successor Westmorland and Furness Council. Despite exhaustive efforts the council has it claims faced continued obstacles by both councils.

The Council had previously been promised the asset devolution by Eden District Council, but this failed to complete due to staff changes at Eden District council in 2022 during the councils staffing review.

Under the provisions of the 1972 Local Government Act, Clifton Community Council made an official request to Westmorland and Furness Council for the compulsory purchase of Clifton Play Park.

Westmorland and Furness Council failed to act or engage in communication within the legally stipulated timeframe, which expired on December 4th, 2023.

Compulsory purchase is a process which allows certain bodies to buy land or acquire third party rights to it without the consent of the owner. The process is used only where it is in the public interest to do so.

In a statement by the Council on Friday, Councillor Jonathan Davies, Chair of Clifton Community Council said "This is a pivotal moment for us as a community. We've exhausted all avenues of negotiation and patiently followed due process for four years trying to conclude the devolution of the play park for our community, The Secretary of State's intervention is now crucial to uphold the rights of the community and ensure the asset that forms a key part of our community for our residents is both in local ownership in the community and that we can take forward plans to improve the play area and address current local issues of on street parking through our regeneration plans.”

“We know Clifton is not alone in efforts to see assets devolved and ownership held in the local communities with other town and parish councils facing the same lack of progress on this issue.”

Despite the passing of the eight-week deadline set in legislation and the absence of meaningful engagement from the Westmorland and Furness Council, Clifton Community Council said it “remains committed to the compulsory acquisition process given four years of attempts at devolution of the asset for the community and stands ready to furnish the Secretary of State with any necessary information to expedite the proceedings.”

Clifton Community Council has formally requested that the Secretary of State intervene using his powers under the 1972 Local Government Act to enact the compulsory purchase against Westmorland and Furness Council on behalf of Clifton Community Council.