Land dispute at MacKenzie Road

There have been disputes between neighbours regarding the plantation near to MacKenzie Road for a number of years. Various Councillors have been involved at one stage or another and the issue has seen many twists and turns.

For me, there are two principle issues that should concern Councillors, and in particular members of the Overview & Scrutiny Commission.

These two issues are;

1. Was the approach by officers to addressing the misuse of the land sufficiently robust? And naturally linked to this, is the Breckland policy on enforcement in relation to misuse of public land adequate?

2. Is it correct that where there is disputed land of this nature; is a sale by auction the most appropriate, and fair way to deal with the issue?


To many people, certainly in the minds of residents of MacKenzie Road, this situation will appear as if it is a case of Breckland Council “washing its hands” of its responsibility to protect publicly owned land from misuse. This belief is further compounded by the seeming desire of the Council to pass on the ownership of the land, and therefore transfer the issues, to the highest bidder in an auction.

Should the land be sold, the disputes between the neighbours would not be resolved. Should either one of them be the winning the bidder – the issues would surely escalate?

Is there not a tacit endorsement of the misuse that’s occurred by not only failing to address the misuse, but also potentially formalising that misuse should the land be sold to the person that has been flouting the law thus far. There is seemingly no regard for either party’s ability to pay, and therefore the unfairness of the action that has been proposed.

The most concerning aspect of this whole situation, and approach to dealing with it, would surely be the precedent that it sets. I.e. A member of the public misuses a piece of publicly owned land and the Council tasked with protecting it chooses not to address this. What’s to stop that resident from acquiring that particular section of land, and then repeating the misuse further along, potentially acquiring further portions of land. To what extent would future enforcement action in this area be undermined by the approach that has been adopted?