Edward Hunt's Forest of Dean Miscellany

31st July 2008

Three public questions had been submitted for consideration. Members were informed that a supplementary question would be permitted on each question.

Each member of the public was requested to refer his or her question to the council, followed by an appropriate response from the relevant officer.

1.      Services on private estates

The following question was received from Amanda Sterry of 6 Mapledean, Cinderford: Services on private estates are paid for by Council Tax. Why aren't all estates paid in that way, as we all pay the same with in our tax bands .

Response from Tim Perrin, Chief Executive

Land owned by the County Council on the side of adopted highways on estates is maintained by the County Council and the costs reflected in Council Tax payments.

However, other small areas of land on private estates is cut by this council but paid for by the original developers through a commuted sum, not Council Tax.

Land owned by Two Rivers Housing on its estates is maintained by it and in the case of grass cutting the cost of this is charged to its tenants, but by virtue of the original individual sale contracts costs can also be recovered from owners of properties served by these areas. The grassed land in question is not owned by a council and therefore charges

for its maintenance cannot be reflected in Council Tax.

Supplementary question

A lot of land cut by Two Rivers Housing is land that has been adopted by the Highways Authority. Why should we be paying for services on adopted land?

Response from Tim Perrin, Chief Executive

The Chief Executive advised that the matter would have to be taken up with Two Rivers Housing.

2.      Two Rivers Housing

The following question was received from Eric Brown, 22 York Road, Cinderford: Why weren't conveyance documents and contracts changed from the Forest of Dean District Council to Two Rivers Housing at the point of takeover?

Response from Claire Brain, Principal Legal Executive

The conveyance documents/contracts do not need to be changed. They provide that the covenants will transfer to any successors in title.

Supplementary question

Does this apply to the third and fourth owner of the property?

Response from Claire Brain, Principal Legal Executive

The Deeds of Covenant are transferred to the next owner of the property.

3.      Two Rivers Housing

The following question was received from Aidan Lancett of 14 Rectory Meadow, Longhope: Tenants were given a vote before the transfer to Two Rivers Housing, why weren't house owners, especially as we are to be charged for services alongside tenants, and the fact we have financial stakes in our homes which the tenants to not?

Response from Tim Perrin, Chief Executive:

The whole of the consultation process for the Large Scale Voluntary Transfer was prescribed by the relevant Government department. They had to be assured that we had complied with the rules before they would let us formally proceed with the transfer of the housing stock to Forest of Dean Housing. Only tenants were allowed to vote in the   ballot. There was no provision for owner-occupiers to be involved in this process.

Supplementary question

Why were owner-occupiers not consulted or allowed to vote?

Response from Tim Perrin, Chief Executive:

Owner-occupiers were not entitled to a vote under the transfer legislation. Only the secure tenants of the council, where tenancies allowed them to occupy the properties being transferred, were entitled to a vote.