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Petition - Grass Cutting, Lammermoor Dr and Waverley Dr

North Lanarkshire Council · 2 November 2022
Back to Petitions Sub-Committee — 2 November 2022 and its agenda

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North Lanarkshire Council
Report
Petitions Sub Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref JA Date 02/11/22 
Petition – Grass Cutting, Lammermoor Dr and Waverley Dr 
From  John Ashcroft (Roads and Land Maintenance Manager)  
E-mail ashcroftj@northlan.gov.uk Telephone 01236 632584 
1. Background 
1.1 As part of the council budget process for financial year 2019/20 a decision was taken
by council at the meeting on 21 February 2019 to reduce areas of grass cutting from
the council’s maintenance programme. 
1.2 This saving centred around those areas of grass that were not within council ownership,
and this resulted in a £90k saving and a subsequent reduction in seasonal staff of 5
FTE posts. 
1.3 Prior to 1996 it was common for councils to undertake maintenance of public open
spaces within residential developments.  However, there was no legal obligation on
authorities and in most cases the title relating to the open spaces was not transferred
to the council.  This meant that the legal responsibility for maintenance contained within
the title burdens remains with the landowner/ homeowner.
Executive Summary 
The purpose of the report is to advise the Committee of the investigations carried out in
response to this petition for grass cutting at Lammermoor Drive and Waverley Drive. 
Recommendations
It is recommended that Committee 
1. Acknowledges the decision taken by Council on the 21 February 2019.
2. Acknowledges the investigations undertaken and confirmation that ownership
does not rest with the council.
3. Agrees that the private areas of grass at Lammermoor Drive and Waverley Drive
are not added into the council’s grass maintenance programme. 
The Plan for North Lanarkshire
Priority  Improve North Lanarkshire's resource base
Ambition statement (17) Ensure we keep our environment clean, safe, and attractive

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1.4 It is now common that all newly created open spaces within residential developments
are maintained by a factor on behalf of residents and the factor is generally appointed
initially by the site developer.  Following initial appointment the residents can change
providers and processes are normally set out within the title deeds. 
1.5 Given that these changes took place at the start of the pandemic the council also
undertook one off cuts in the two years following the saving decision to provide an
opportunity for alternative arrangements to be put in place. 
2. Report 
2.1 The council received a petition containing 10 signatures requesting that the grass be
cut at the roadside at Lammermoor Drive and Waverley Drive, Greenfaulds,
Cumbernauld. 
2.2 A review of land ownership of those areas removed from maintenance as part of the
Council’s budget process and agreed by Council on 21 February 2019 has been
undertaken.  The search confirmed that the areas shown hatched green in Appendix A
were sold to Bett Brothers for the purpose of constructing a residential development. 
2.3 A sample check of the title deeds for a property within the development has been
carried out.  The Fourth paragraph of Burden 1 places an obligation on the feuar(s) as
follows. 
• “Declaring that the Feuars shall be responsible for the maintenance, repair and
where necessary renewal of the said roads, streets, paths, play areas and
recreation, landscaped or ornamental ground (except in so far as same may be
provided, or taken over, by the appropriate Local Authority) all to the satisfaction
of the Superiors and the appropriate Local Authority” 
2.4 In terms of roads, streets and paths the council has an obligation under the Road
Scotland Act 1984 to add new roads to the list of public roads where they are
constructed to the appropriate standard.  Thereafter, these assets would be maintained
by the council as Roads Authority.  No such legislative requirement exists for play areas
and recreation, landscaped or ornamental ground. 
2.5 In this instance ownership appears to remain with Bett Brothers (or successor
company) however, individual properties do have burdens relating to maintenance of
open spaces.  Therefore, it would be prudent for the residents to seek legal advice to
establish whether they have responsibility for maintenance or if this rests with the land
owner. 
2.6 Where maintenance rests with the resident’s information on setting up alternative
maintenance arrangements can be found at Grass cutting | North Lanarkshire Council. 
3. Measures of success 
3.1 Alternative private arrangements are put in place to maintain the areas identified in
Appendix A.

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4. Supporting documentation 
4.1 Appendix A – Plan showing areas removed from council maintenance programme 
John Ashcroft
Roads and Land Maintenance Manager

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Appendix  A

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5. Impacts ( http://connect/report-template-guidance ) 
5.1 Public Sector Equality Duty and Fairer Scotland Duty
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s website?
https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-
scotland-duty-impact-assessments
Yes ☐ No ☐
5.2 Financial impact
Does the report contain any financial impacts?
Yes ☐ No ☒
If Yes, have all relevant financial impacts have been discussed and agreed with
Financial Solutions?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts?
Yes ☐ No ☒
If Yes, have all relevant HR impacts have been discussed and agreed with People
and Organisational Development?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)?
Yes ☐ No ☒
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic Solutions?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?  
Yes ☐ No ☒
If Yes, is the processing of this personal data likely to result in a high risk to the data
subject?
Yes ☐ No ☐
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management, or
connectivity / broadband / Wi-Fi?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact?

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Where the impact identifies a requirement for technology, has an assessment been
carried out (or scheduled) by the Enterprise Architecture Governance Group
(EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact
Does the report contain any information that has an impact on the council’s
communications activities?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact
Is there a risk impact?
Yes ☐ No ☒
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service
or Project Risk Registers), and how they are managed?