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Purchasing or licensing of amenity land including requests in relation to restrictive covenants

The Council own and are responsible for a wide range of land across the Borough, the majority of which is protected through varies designations from Local Nature Reserves to Green Guarantee sites and are used every day by our residents for anything from formal recreation to walking. There are however a number of incidental small pieces of land adjacent to homes that have no specific use and potentially could be better served being used for extensions to gardens etc. The Council may consider offers to purchase these small parcels of amenity land from adjacent property owners.

If you are looking to buy land owned by Telford & Wrekin Council or to vary/remove an existing covenant in relation to your property then you will need to make an application to the Council and an assessment will be made regarding its potential disposal or variation/removal of covenant. Although the Council is under no obligation to sell any amenity land or to vary or remove a covenant, this guidance note outlines the Councils adopted procedure for dealing with requests from prospective purchasers and the fees and costs that an applicant may incur.

Guidance notes

  • Amenity land is best described as small areas of land, often grassed and unfenced, adjoining houses. The nature of such land varies considerably and we consider each application on its own merits. As a general rule the Council will only sell amenity land where the applicant owns the adjoining property.
  • Once we receive your application, we will send you a location plan via email for you to outline the land you wish to purchase, and to return to us or to detail the request in terms of the restrictive covenant removal/variation.
  • Once received, we will complete a brief preliminary assessment of the proposed land. We will then contact you to let you know whether the matter can progress to the next stage. (In some cases the land may not be owned by the Council or may not be legally sold in which case the enquiry cannot proceed further).
  • If the application is able to proceed to a more detailed assessment we will contact you to make a payment of £50 + VAT to continue. This fee is non-refundable (no exemptions) and covers the Council's administration costs in dealing with the application. However, if the matter is agreed, the fee will be deducted from the overall costs on completion of the sale.
  • When the payment is received we will investigate our property records and appoint a Surveyor to carry out an inspection of the land and send you a letter with our initial findings and / or the costs involved in buying or licensing the land if a sale can progress or to vary / remove a covenant. Please note as a public body, the Council is obliged by law to obtain the best price for any property, or parcel of land, which it sells. If we are unable to proceed then you will receive a refusal letter or email stating why the matter cannot progress.
  • If you decide to proceed, you should confirm this in writing and then apply for Planning Permission, if necessary.
  • Once confirmation of Planning Permission has been received we will instruct our legal services team to complete the transaction
  • Legal completion will not take place unless planning consent for change of use, if necessary, has been granted.
This table shows the summary of fees.
Summary of fees
Application fee £50 + VAT.
Surveyor fees £300.
Legal fees £300 (May vary depending upon value).
Homes England fee (where applicable) Approximately £1000.
Planning fee Refer to Planning Portal.
Public Open Space Statutory Notice Approximately £200 – Subject to required advert size.

Download a summary of the application process

Complete our online application form for purchasing or licensing of amenity land and removing restrictive covenant

Visit the Civica payment system to pay for small land sales

Last updated: 19/11/2024 09:26

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