by Porty » 19 Feb 2011, 15:14
Reading through the objections it seems to me (and I am no expert) that people misunderstand the premise on which the transfer of ownership of Portobello Park to Edinburgh City Council was made. I continually see reference along the lines "the land was gifted to the people of edinburgh to be used in perpetuity as a Public Park". I' have read the sales contract several times and i interepret what happened as;
The land was sold to the council for the sum of £25,000, there was no gift. The land was owned by Miller's who were property developers who owned other substantial tracts of land in the area, which they no doubt wished to develop. It is common for developers to trade off assets to councils in order to facilitate their commercial ambitions or even just to show goodwill. The modern day equivalent could be the requirement for developers, hoteliers and retailers to make contributions to the Trams as a condition of obtaing planning permission.
In this case Milers either offered or were approached to purvey the land to the council. Had the council wanted the land for development (for housing or whatever) then the price would likely have been much higher or Millers would not have sold. The land was transferred on the understanding that it would not be developed. So a contractual burden was put in place to protect Miller's interest NOT that of "the people of Edinburgh". There is no chance the council or indeed anyone would voluntarily burden land that they were about to purchase.
In contrast Millers would not have wished to dispose of land at a knockdown price only to create the opportunity for a competitor to enter the market. Without "burdening" the land there would be nothing to prevent the council from becoming housing developers or indeed selling onto a commercial third party. So Miller's restricted potential uses of the land by introducing a burden or feu as part of the sale contract. A burden that dictated the land should be used for recreation purposes. The council bought the land with the good and honest intention of using it for recreational purposes and Miller's made sure with the contract. A purely commercial decision.
The feu or burden on the land was then sold to the Liverpool Victoria Insurance company.Insurance companies regularaly invested in feu's in the hope that at some point the new owners would seek permssion to develop and that permssion would come at a cost. it proved to be a poor investment for LV as no approach was made in more than 100 years.
In 2004 the feudal reform act came into force and the burdens on Portobello Park lapsed. The council now owned unburdened land, which they sought to use to provide a critical and valauble public asset. So the idea that the park changed hands in some philantropic gesture of perpectual sanctitude is total bunkum. Millers wanted to ensure the council didn't pull a fast one on them, that's all
.....ambition makes you look pretty ugly