Wiltshire Council ‘not aware’ of covenant on potential housing land

John Hussey, the owner of the nine-hole golf course – which he closed in 2019 – is understood to want to sell the 44-acre site for housing development.

It is believed the previous owner of the golf course placed a restrictive covenant on the land stipulating it could only be used for leisure activities.

This restrictive covenant is understood to have been the subject of a ‘release’ agreement between the landowner and West Wiltshire District Council in 2009 and later Wiltshire Council in 2011.

Cllr Nick Botterill, Wiltshire Council’s Cabinet Member for Development Management and Strategic Planning, said: “We are not aware of any live covenants on the old Bradford on Avon golf course and we have not been advised of any by the landowner.

"However, if covenants do exist, addressing this would be legal matter for the landowner and prospective developer. This would not affect the planning process.

"The draft Local Plan identifies the old golf course as a reserve site to provide for approximately 120 homes, which would only be released if other development plan allocations are delayed, or the windfall contribution from smaller sites fails to materialise and they are required to maintain housing land supply requirements set by national policy.

“As part of the draft Local Plan it is proposed that reserve sites can only be released and brought forward if they meet the circumstances and conditions set out in draft Local Plan Policy 3.”

The old Bradford on Avon Golf Course which locals are keen to keep as a wildlife habitat. Image: Trevor Porter 77104-4 (Image: Trevor Porter)

In 2013, after submitting a Freedom of Information Act request, former Chippenham MP Duncan Hames discovered West Wiltshire District Council had discussed the possible development of the golf course in a secret session in 2009.

Mr Hames said West Wiltshire District Council had decided to relax the restrictive covenant on it in exchange for the council receiving part of the proceeds if the land were to be sold and developed for housing.

In 2011, Wiltshire Council entered into a further agreement where it would receive a payment for releasing the covenant if planning permission were to be granted.

Mr Hames said he had since been informed that this agreement was due to expire in 2017, although there was an option to extend the term of the agreement by a further five years to 2022.

The Wiltshire Times asked Wiltshire Council if the restrictive covenant ‘release’ agreement has been extended since 2022.

Cllr Botterill’s response comes as a Bradford on Avon group campaigning to keep the golf course as a wildlife habitat investigate whether covenants still restrict its use.

They are hoping to use the information to block any plans for housing development on the land.

Campaigners meet at the Bradford on Avon Golf Course before marching to St Margaret’s Hall for the BoA Area Board meeting. Image: Trevor Porter 77104-2 (Image: Trevor Porter)

Around 20 children from local schools recently demonstrated at a Wiltshire Council Area Board meeting for Bradford on Avon on Wednesday, June 5.

Members watched a 12-minute film to support the campaign. It was previously shown at Bradford on Avon Town Council’s annual town gathering.

The golf course running alongside the River Avon has been earmarked by Wiltshire Council in its latest Local Plan as a reserve site for new housing.

The council has identified several potential sites in the town where it says up to 80 new homes could be built in the Local Plan period from 2020 to 2038.

The town council last year submitted a 2,000-signature petition to Wiltshire Council calling for the site to be removed from the Local Plan reserve list.