Grant of servitude rights over ground at Low Road, Cherrybank, Perth

Overview

   Grant of servitude rights over ground at Low Road, Cherrybank, Perth

                       Common Good/Open Space land at Low Road, Perth

What is proposed?

Perth and Kinross Council propose to grant rights over two areas of open space land at Low Road, Perth, to Craigie Hill Golf Club to enable the Club (subject to planning) to carry out widening and reconfiguration works to the road leading to the Golf Club (such rights being known, in Scottish legal terms as servitude rights). These areas (“the Servitude Areas”) form part of the Common Good and are required by the Club for the purpose of improving the access from Low Road to facilitate the Club’s  proposed redevelopment of the golf course which comprises the “reconfiguration of existing golf course from 18 holes to 9 holes, re-development of existing clubhouse into new community hub building for golf, other sports and community uses and car parking area, erection of circa 200 residential dwellings, open/amenity space, landscaping, woodland planting, site access, new and upgraded footpath provision.”  (wording taken from the developer's Request for Screening Opinion under Regulation 8 of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, PKC Planning Ref 22/02017/SCRN.)

For further background on the proposed redevelopment by Craigie Hill Golf Club please refer to appendix 1

The plan below shows the extent of these Servitude Areas which are shaded orange and outlined in red and total 0.08 acres.  If the servitude rights are granted, the Servitude Areas will form part of the proposed new layout and will no longer form part of the Common Good.  The rest of the open space land will remain available for public use as before the road reconfiguration.

Common Good Land

The Servitude Areas form part of the subjects which were conveyed to the former Burgh Council and so form part of the Common Good. For further background information please refer to appendix 2.

Benefits of the Proposal to grant the Servitude Rights

The grant of the servitude rights will generate a capital receipt for the Common Good Fund which will be based on market value. The servitude rights are required by the Club to enable the proposed redevelopment of Craigie Hill Golf Course which will help to secure the future of the golf course by making the Golf Club more financially viable. If the redevelopment goes ahead it will lead to Greenspace improvements through the proposed new path network and impovements at  Buckie Braes. This proposal supports objectives (iii) and (vi) of The Council’s Corporate Plan: “Developing a resilient, stronger and greener local economy” and “Supporting and promoting physical and mental well being”.  Corporate Plan Vision and Priorities - Perth & Kinross Council (pkc.gov.uk)

Planning

Craigie Hill Golf Club’s proposed redevelopment is  subject to planning consent and other statutory consents.

For clarification purposes, this consultation has been prepared by the Council’s Estates Services  (the Council acting in its capacity as landowner) and nothing in this consultation shall bind or constrain the Council acting in any other capacity including as Planning, Roads or Building Authority.

Consultation

Perth and Kinross Council would like input from the local community and other residents of Perth with regard to the proposed grant of the servitude rights over the Servitude Areas at Low Road.

Consultation will be by way of public notices on site and on the PKC website.

Consultation Dates

Consultation Start Date: 7th February

Consultation Close Date: 7^th April

Related Links:

Craigie Golf Club | Perth | Perthshire | Gleneagles | Ryder Cup | Scotland | Index (craigiehill.co.uk)

Related Consultations:

Consultation under Town and Country Planning (Scotland) Act 1959 S24 (2A) (as amended) for the appropriation of Open Space.

What Happens Next?

Once the feedback from this consultation has been collated, it will be used in the preparation of the report to the Perth Common Good Committee regarding the grant of servitude rights over land at Low Road, Cherrybank, Perth to Craigie Hill Golf Club for the purposes of improving the road access. The results will then be made available on the Perth and Kinross Council Consultation Hub.

Why your views matter

Part 8 of the Community Empowerment (Scotland) Act 2015 Section 104 requires the Council to consult with the local community when it is planning to dispose of common good property, or to change its use. The Council must publish details of the proposed disposal or change of use of common good property and notify and invite representations from residents, community councils and community bodies. Following consultation, if the Council’s decision is to proceed with the grant of the servitude rights, then an application to the Sheriff Court for consent to the grant will be made.  As the Servitude Areas are also regarded as open space, the Council is additionally required to consult under Section 24 (2A) of the Town and Country Planning (Scotland) Act 1959 in respect of the proposed appropriation of open space.