FOI Request - Common Good Status Forres

Request 101003825485

Under the Freedom of Information (Scotland) Act 2002, I would like to request the following information regarding the status of land in the Forres area, specifically in relation to Common Good land:

1. During Common Good Land consultation, Moray Council stated that a large proportion of Roysvale /Applegrove is Common Good land. Could you please clarify which parts of Roysvale / Applegrove are currently recorded or recognised as Common Good land?

2. Has Applegrove Playing Fields and/or Applegrove Primary School ever been held as Common Good land?
a) If so, when did their status change, and what is their current legal status (e.g. Council-owned, Education estate, etc.)?
b) If there was a transfer or change of ownership or status, was the community of Forres (or relevant stakeholders) consulted or involved in that process?

3. Please provide any documentation, maps, or records indicating the boundaries and extent of any Common Good land at Roysvale or Applegrove, both currently and historically.

4. Were any formal decisions taken by Moray Council or its predecessors regarding the reclassification or disposal of Common Good land in this area? If so, please provide relevant minutes, reports, or legal instruments.

5. What is the current legal and operational status of Roysvale playing fields?
a) Are they officially designated for school use?
b) Are they held as Common Good land or under another classification?

6. Has Moray Council made any formal decision, proposal, or submission regarding the use of Roysvale as official playing fields for:
a) The new Forres Academy (currently in development), and/or
b) Applegrove Primary School?

7. If the new Forres Academy is built on part or all of the Applegrove playing fields, will a change of use or re-designation request be submitted to allocate Roysvale as the formal replacement playing field space?
a) If so, please provide copies of any such proposals, draft plans, or internal discussions.

Response 18-08-2025

1. Roysvale Park is held as a Common Good asset

2. a) The Council's position is that the Applegrove Primary School playing fields do not form part of the any extant Common Good land. The playing fields were transferred to the Joint County Council of Moray and Nairn for education purposes in terms of a disposition recorded in the General Register of Sasines for the County of Moray on 27 June 1960. As such, the Council's title to the playing fields does not derive from the former burgh and the property does not form part of the common good. 

b) The Council hold no records of any community consultation in regards to the transfer of the playing fields in 1960. 

3. Common Good information can be found on the Moray Council webpage and is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page 'Council Register of Assets (Moray) | Moray Council' here: https://data-moray.opendata.arcgis.com/datasets/400332609a0641e389c990dccfb42430_2/explore?filters=eyJBY2MiOlsiQ29tbW9uIEdvb2QiXX0%3D&showTable=true

4. The playing fields were transferred to the Joint County Council of Moray and Nairn for education purposes in terms of a disposition recorded in the General Register of Sasines for the County of Moray on 27 June 1960. As such, the Council's title to the playing fields does not derive from the former burgh and the property does not form part of the common good

5. Roysvale Park is held as a Common Good asset

The Roysvale playing fields are not officially designated for school use. The playing fields can be hired/ booked by the public and by Forres Academy for PE and other outdoor recreational events.

Title deeds are publicly available through the Registers of Scotland. This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: https://www.ros.gov.uk/

Alternatively, the Council can provide copy deeds at a cost.   If you would like the Council to provide copies, please contact the Moray Council with the exact area that you are requesting information for.

6. Current arrangements would remain with Roysvale Playing Fields available as a bookable space for both Forres Academy and Applegrove PS for sports and outdoor recreational purposes

7. There have been no proposals, draft plans or internal discussions on a redesignation of Roysvale Playing fields for use by the new Forres Academy for sports or outdoor recreational purposed. Current arrangements would remain with Roysvale Playing Fields being a bookable space for both Forres Academy and Applegrove PS.

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