Alva residents are calling on Clackmannanshire Council to use former school and leisure centre grounds for common good

The community council petitioned the local authority about the former the area of land which runs from where the old Alva Academy had been situated site to where the now condemned leisure centre now sits.

They feel that as Johnstone Park itself was gifted to the people of Alva for the "common good" of the town in 1882, this policy should also govern the former school site, which sits just off Queen Street.

However, the Clackmannanshire Council insist this part of land was sold to the preceding local authority and the common good provision does not apply.

The community has been recently informed that the land is to be sold in the near future, upsetting some residents in the area who feel it should be retained for community use.

A recent statement from Alva Community Council read: "A major concern for some people in Alva is the land that used to be part of Johnstone Park, was used for the building of the old Alva Academy and is now part of the Ochil Leisure Centre.

"Since the centre is now closed the council intend to sell off the land. There is a general feeling amongst some members of our community that this land should be returned to the people of Alva for the common good, and that the council should not be selling it."

The council say there has never been any dispute over Johnstone Park itself being land used for common good, but argue the strip of land in question does not fall within the park boundaries.

Alva councillor Donald Balsillie told the Advertiser: "This is a long-running issue in the community, and I think now is the time to negotiate a compromise and achieve a settled will.

"The community council have, quite rightly, been pressing the council for their evidence base, and if the community want the land returned then they'll have to present a case.

"I am determined to make sure the people of Alva get what land is owed to them. We need this sorted out as a community once and for all."

However, Clackmannanshire Council say they are "satisfied" they have adequate legal grounds to sell the land.

A spokesperson said: "The council accepts that Johnstone Park as currently existing is held on its common good account and that has never been in dispute.

"The land which the council owned as Education Authority -- including the land on which the swimming pool was built -- is not part of the park and not subject to any restrictions affecting the park.

"The council's legal services has investigated the position extensively and is satisfied that the council is fully entitled to sell it on the open market. Full details of this have been explained to the community council."

Furthermore, Andrew Wyse, acting legal services manager at the council, wrote to the community council and said the land in question had been sold, in 1962, by the Burgh Council of Alva to the County Council of the County of Clackmannan as Education Authority "in connection with the improvement and expansion" of the school.

He added that transfer "extinguished any conditions or burdens" on the land, which remain in effect for the rest of the park itself.

Mr Wyse said: "The legal effect of this is to give the county council a valid, free and unencumbered title to the land acquired and to remove from this land the restrictions which apply to the Johnstone Park as now existing."

He then concluded: "As the land being sold is not of the common good...the council is free to sell that land as it so desires."