Find out more about Open Space Notices

Use this page to find out more about Open Space Notices.

The information below is provided for general guidance only and does not constitute a formal statement of law or of our policy. For official and legal requirements, please refer to the relevant legislation or contact us directly. 

What an Open Space Notice is

An Open Space Notice is a proposal that could affect a public open space. There are two pieces of legislation that cover this. Under section 123 of the Local Government Act 1972 we are required to advertise any proposal that involves a disposal, and under section 122 of the Local Government Act 1972 we are required to advertise any proposal that involves change of use of an open space by ‘appropriation’, in a local newspaper. This enables local people to have the chance to raise objections if there are any genuine concerns before a decision is implemented.

If the notice refers to a disposal, it’s important to understand that this is a legal term and doesn’t necessarily mean we’re selling the land. Disposal means transferring a legal interest in land, which can include selling it, granting a lease or certain other rights. In some cases it may simply be a new lease to manage or use under a different arrangement.

The notice may relate to change of use by ‘appropriation’. Appropriation means a council formally changing the purpose of land it owns from one use to another by means of an internal transfer process to facilitate projects for public benefit. In legal terms any council land must be held under a relevant holding power (such as the Open Spaces Act of 1906 or the Section 164 of the Public Health Act of 1875 for parks and open spaces). These powers restrict the use of the land, so any proposal to change the use of such land to a different purpose may require ‘appropriation’ (a legal transfer to a different holding power that allows alternative uses).

In law, ‘open space’ can include land that is used by the public for recreation or enjoyment, even if it has buildings on it or is subject to a tenancy.

This is not a planning notice. Planning permission notices are a separate system.

How to respond to a notice

The notice is usually published in a local newspaper for two consecutive weeks and notices are also placed on site as well as now being published on the website. The notices will give a final date by which comments must be submitted, so please ensure any comments are submitted before the closing date.

The notice contains only the key details to make the public aware of the proposal. More information about the proposal may be available on request via the contact details provided in the notice.

It will usually say in the notice if any form of written response is required, but it usually means either an email or a signed letter in the post, providing it is identifiable, clear, and accurate so that it can be a permanent record of your response.

If you object, please include your name and contact details, the specific grounds for your objection and any supporting information or documents. Your comments will be recorded and considered alongside all other representations.

You can send written comments to cam@bathnes.gov.uk or The Guildhall, High Street, Bath, BA1 5AW. Please ensure you include the reference from the notice so we can identify the proposal you are commenting on.

What happens after the notice period

After you object and your representation is logged, we will review it along with all other comments received. A report summarising the feedback will then be prepared and used to inform the decision. A decision will be made, taking into account all objections and other relevant considerations. The final decision is taken by the relevant Cabinet member, committee, or authorised officer, in accordance with our constitution.

What to do if you have difficulty with a notice

Please do not remove the notices from the site. They need to stay in place so everyone has the chance to see them. If you would like a copy for reference, or if you are having trouble reading the notices, or if you are having trouble finding the notices on site or believe they have been removed, please contact us via email at cam@bathnes.gov.uk. Your query will then be passed on to the relevant officer who can assist you.