How Should Land Managed By Parish and Town Councils, ALMOs, and Registered Social Landlords Be Dealt With?
Where the ownership of Recreational Land has been transferred from a Borough or District Council to a Town or Parish Council, this is no longer relevant land for the purposes of NI195, and should be excluded. However, where Town or Parish Councils only manage land on behalf of the local authority (which retains ownership), then such land remains relevant land and should be included in the NI195 return. Where land has been transferred from a Borough or District Council to an ALMO (Arms Length Management Organisation) or a Registered Social Landlord, the situation can be more complex, and depends on the terms of the transfer. If the terms of transfer do not include ‘relevant highways’, then these should continue to be included in the authority’s NI195 Survey. If ‘relevant land’ has been transferred, then each case needs to be considered on its own merits, and the factor that will determine the issue is the degree of control over the land retained by the local authority – for example, was
