Decision details
To conduct the consultation process required under Section 122 of the Local Government Act 1972 for the appropriation of open pace to be used as highway on Wigginton Road, at the access to the Cocoa Gardens development
Decision Maker: Director of City Development
Decision status: Decision Made
Is Key decision?: No
Is subject to call in?: No
Decision:
As part of the planning permission granted in
2022 (planning reference 21/01371/FULM) for the development of the
Cocoa Gardens housing site, the developers have undertaken to
provide an improved junction design for their access off Wigginton
Road, suitable pedestrian and cycle access between their site and
Wigginton Road, and improved bus stop facilities in the vicinity of
the site.
The delivery of these improvements requires the appropriation of
some open space land (see plan provided in Annex 1), which is owned
by the Council and forms part of Bootham Stray. The land disposed
of would become adopted highway (and remain in the ownership of the
Council).
The process to enable the disposal of open space land is set out in
Sections 122 and 123 of the Local Government Act 1972. It requires
the Council to advertise the proposed disposal in a local newspaper
for two consecutive weeks and consider objections received before
making a decision on the proposed disposal.
This officer decision enables the notices to be published, starting
the required consultation process.
Feedback and objections received will then be reported to the
Executive/Executive Member for a decision on the proposed disposal
to be made at a public decision session.
Options Considered:
- Progress the consultation process to receive
feedback on the proposed open space disposal –
recommended
- Not to progress the consultation process and refuse to consider
the disposal, preventing the developers from constructing the
junction, paths, and bus stop improvements which are required as
part of their planning consent – not recommended
Options Rejected:
Not to progress the consultation process and
refuse to consider the disposal
Publication date: 13/10/2025
Date of decision: 13/10/2025
Accompanying Documents: