Question 1: If the site was sold and left as open land, woodland, or incorporated into neighbouring land, would the Environment Agency still be concerned about the building waste that was deposited there?
The presence of the imported material would remain a matter requiring consideration regardless of ownership. The excess soil deposited on site exceeds the Environment Agency (EA: permit and therefore the site remains of interest to the EA. Depending on the proposals brought forward, the material will need to be remediated, capped or otherwise removed - permits and approvals will therefore be required, including satisfying the local planning authority for the amount of soil currently on site. Any purchaser would therefore need to undertake their own legal and environmental due diligence and engage with the relevant regulators regarding their responsibilities and obligations.
Question 2: Could the land be incorporated into or managed alongside Littleworth Common rather than being used for formal leisure or recreational facilities?
The council's primary objective is to return the site to productive leisure and recreational use. The site has historically been used as sports grounds and the marketing exercise is specifically being targeted at leisure and recreational operators. While the council has not placed restrictions on the type of proposals that may be put forward, bidders will be expected to demonstrate how their proposals align with relevant leisure strategies and provide a viable solution for remediation of the site. A proposal focused solely on woodland creation would therefore need to demonstrate how it meets these objectives and addresses the site's remediation challenges.
The council is not minded at this time to spend public money on the remediation of the site, so it is not promoting any scheme at this time which will require a clean-up at public expense.
Question 3: If a bidder proposed a use that did not contribute to leisure or recreation, would the council be likely to reject it for that reason?
The council has stated that the focus of the disposal process is to retain leisure use on the site and identify a solution that funds the remediation of the deposited material while bringing the land back into productive use. Bids will be assessed against a range of factors including deliverability, planning compliance, and alignment with the council's leisure and recreation strategies. Proposals that do not contribute to these objectives would be less likely to meet the council's aspirations for the site. However, no automatic exclusion applies, and all bids would be considered on their individual merits.
Question 4: Given that the council intends to sell the site for leisure and recreational purposes, what safeguards are in place to ensure that a purchaser delivers the proposal submitted as part of their bid and does not subsequently seek to pursue an alternative use, such as residential development, which may not align with the council's objectives for the site?
Several safeguards exist. Firstly, the site lies within the Green Belt and planning policy places significant restrictions on development. The report brought to Cabinet in September (Disposal of land in Oaken Lane Claygate Esher.pdf notes that the site makes a strong contribution to Green Belt purposes and officers do not consider it to meet the definition of Grey Belt. Any proposal for housing would therefore face substantial planning policy hurdles and would be assessed against national and local planning policies.
Secondly, bidders will be assessed on deliverability, planning compliance and the credibility of their proposals. The council is not obliged to accept the highest offer and can take into account whether a proposal is realistically capable of securing planning permission, i.e. highest proceedable offer (best consideration). The report specifically notes that the council would not be obliged to accept a higher bid based on an unlikely planning scenario, such as speculative housing development.
The council intends to select a preferred bidder based on a holistic assessment of consideration and deliverability. The purchaser would still need to obtain any necessary planning permissions before changing the use of the site or carrying out development, and future planning decisions would be determined through the statutory planning process.
Finally, to secure delivery of the successful proposal, the appropriate legal mechanisms will be reviewed. These may include restrictive covenants limiting use to leisure and recreation and overage (clawback provisions: to remove financial incentives for alternative development to ensure that the use for the site is as intended. Note: All legal mechanisms outlined remain subject to contract, formal approval and detailed legal drafting.
Question 5: Why is the council proposing to sell the site rather than remediate it itself?
The council has considered a range of options and concluded that a disposal process offers the best opportunity to secure the remediation of the site while bringing it back into beneficial use. A purchaser would take responsibility for remediation to reflect its proposed end use. At this point the council does not wish to spend public money to remediate the situation caused by the former occupiers.
Question 6: Will the council simply accept the highest financial offer?
No. The report makes clear that bids will be assessed against a range of criteria, including deliverability, planning considerations, leisure/recreational benefits, environmental outcomes, and alignment with the council's objectives for the site. The council will proceed with the highest proceedable offer (best consideration: based on all relevant considerations.
Question 7: What types of uses is the council hoping to see on the site?
The council's preference is for leisure, recreation and community-focused uses that benefit residents and bring the land back into productive use. Bidders will be expected to demonstrate how their proposals support these objectives.
Question 8: Will the site become housing?
The council's objective is to secure the long-term restoration of the Oaken Lane site for leisure, recreation and community use, and the current marketing exercise is specifically targeted at leisure and recreational operators. The site is located within the Green Belt, where residential development would face significant planning policy constraints and would need to demonstrate compliance with national and local planning policies.
The council will assess bids against its leisure and recreation objectives and as set out in Question 4, intends to explore legal mechanisms such as restrictive covenants and overage provisions to help protect the site's intended future use. However, no authority can give an absolute guarantee about how planning applications may be determined in the future. Any proposal for residential development would require planning permission and would be considered through the statutory planning process having regard to the planning policies in force at that time.
Question 9: Why can't the site simply be left as it is?
The council considers the current situation unsatisfactory because the site cannot be fully used for its leisure purpose and the deposited material remains an unresolved issue. The objective is to identify a long-term solution that addresses remediation requirements and restores beneficial use of the land.
Question 10: Will local residents have an opportunity to comment on future proposals?
Yes. Any proposal requiring planning permission would be subject to the statutory planning process, including public consultation in accordance with planning legislation policies
Question 11: Does the council know what material was deposited on the site?
Yes, the council commissioned two geo-environmental surveys (in 2022 and 2026: where various site investigations and technical assessments were undertaken. A copy of these geo-environmental surveys will be provided to interested parties; however, prospective purchasers will be expected to undertake their own due diligence and satisfy themselves regarding the condition of the site and any remediation requirements.
Question 12: Who will be responsible for future remediation works?
The council is not proposing to fund the remediation. It is proposing to sell the site to an interested leisure operator, and it will be their responsibility to address the material deposited on the site to enable a viable long-term use.
Question 13: How will the council ensure that a successful bidder delivers what they promised?
To ensure the successful bidder delivers on their proposals, the council will rely on a combination of rigorous upfront selection criteria, title restrictions and statutory regulation controls.
Question 14: What happens if no suitable bids are received?
The council is not obliged to proceed with a disposal if the submissions received do not meet its objectives. In that scenario, the council would need to consider alternative options for the future management of the site.
Question 15: Will the sale of the site affect neighbouring woodland, common land or public rights of way?
No, the proposed sale will not impact the neighbouring woodland, common land or the public rights of way.
Question 16: How will environmental considerations be taken into account?
Environmental impacts form a key part of the assessment process. Bidders will be expected to demonstrate how they will manage remediation, biodiversity, landscape considerations and regulatory requirements as part of any proposal.
Question 17: Why is the council marketing the site now?
The council considers that the marketing exercise provides an opportunity to identify a viable long-term solution that addresses both the environmental challenges associated with the site and the objective of restoring it to productive leisure use. The council also has the benefit of having received tentative interest from a number of local groups, which it is keen to explore in more detail.
Question 18: Could the site be sold as a leasehold?
The council has approved the site for freehold disposal. The objective of the marketing exercise is to bring the site back into productive leisure use. As the site requires remediation works to be undertaken by the successful bidder, it was considered that a freehold sale would be the most viable option in the first instance. This will provide a leisure user with the maximum security to seek their own funding. Appropriate protections for the intended use can be obtained via the planning system, the sales contract and restrictions on the legal title. If the council is unable to identify a suitable purchaser, they would need to consider alternative options for the future management of the site, which may include consideration of leasehold options.