Government backs residents in land row

Hamish Hutchinson 1597 - 1597 • Published 30 Jul 2008 12:00 0 Comments

CAMPAIGNERS on a Menstrie housing estate have welcomed support from the Scottish Government in their bid to oust land management company Greenbelt.

Angry residents say the company is not doing its job properly and recently 251 of the estate"s 300 residents signed a petition to get rid of Greenbelt.

However, the petition was rejected by the firm who said it would carry on to maintain the land around the estate, as was agreed with developer Gladedale.

But an email from the Scottish Government has now been sent to a homeowner on an estate in Livingston, also managed by Greenbelt, stating that under the Title Conditions (Scotland) Act 2003 owners within an estate can 'dismiss a manager and appoint another' without applying to a Lands Tribunal.

Mike Marriot, who is leading the Menstrie campaign, welcomed the support from the Scottish Government saying it proved the residents were well within their legal rights to submit their petition.

He said their ultimate goal was for Clackmannanshire Council to take over the maintenance of the land.

'We signed the petition in March and, since then, homeowners have been bombarded with letters and demands from Greenbelt Group, saying they don"t recognise this,' said Mike.

'We very much welcome the Scottish Government"s backing in this situation, and hope it will encourage both Gladedale and Greenbelt Group to see sense.'

The email also informed homeowners that Government guidance on the management of open spaces was republished last month and now no longer names Greenbelt Group as a suitable provider for the long-term care of open spaces in Scotland.

Gordon Banks MP has been supporting the residents in their dispute with Greenbelt and has been heading an All Party Working Group in Westminster looking at land management companies.

He said, 'It is good news that the Scottish Executive confirmed that the action the residents took in their dispute with Greenbelt has been confirmed as the correct course of action.

'Up until now Greenbelt has tried to ignore the actions of the residents at Menstrie Mains and I hope that it will now take on board the strong legal footing on which the residents have based their campaign, and understand that they no longer want Greenbelt to supply land management services.

'I hope that both the Greenbelt and Gladedale can find a constructive way to bring this long standing problem to a solution which meets the aims and objectives of Menstrie residents.'

However, Greenbelt says that the information on the email from the Scottish Government is out-dated and that the Title Deeds Act is a complicated piece of legislation which residents do not necessarily understand the full implications of.

Managing director of Greenbelt, Alex Middleton, told the Advertiser that following the petition a circular was sent to all residents to give them help and guidance, and that Greenbelt has never purported to offer legal advice to residents but said they should seek independent legal advice.

He went on, 'Greenbelt has never considered itself to be a manager of the land but, in fact, the owner of the land, which is a significant difference to what is being said by other parties.

'Soundbites have been taken from a very complicated piece of legislation which needs to be understood as a whole and is very technical.

'There is an agreement in place between ourselves and the developer and that will continue.

'We are obliged to manage and maintain the land and residents are obliged to contribute fully and equally.'

A spokesperson for Gladedale added, 'We are aware of the issues between the residents and Greenbelt and are hopeful that an amicable solution can be reached between the two parties.'

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This article appeared in Alloa & Hillfoots Advertiser 31 Jul 08

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