Decision details

To formally agree to transfer land held in Trust by Cheltenham Borough Council (CBC) to North Place Properties Limited (NPPL). The land in question was ‘sold’ to Auger Buchler Cheltenham (ABC) 31st Jan 2014 as part of a larger land transfer at North Place. The land in question is less than a meter square and triangle in shape.

The application for first registration of the Property does not appear to have included the triangle of land, and because the application was not made within the requisite timeframes prescribed by the Land Registration Act 2002 following the Transfer (the 2014 sale), the triangle of land is now held on trust for ABC by CBC.

ABC is required to transfer all property holdings at North Place to NPPL. As the land is held in ‘trust’ by CBC for ABC, the Council are obliged to transfer the land (already sold) to ABC, and at ABC’s request to NPPL.

On taking legal advice, there are no alternative options.

It was felt that consultation was not required as the land had already been sold by the Council in 2014, it does not change anything physically, the Council do not have any rights to the land. The Council has no other alternative options that can be explored in relation to the land. This is purely a paper exercise to ensure the land is properly registered with the correct owner.