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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 12/07/2005
East Street, Farnham - Dogflud Car Park



Summary & Purpose
This report is intended to bring the Executive up to date on the position regarding the removal of a restrictive covenant over the Dogflud Car Park.

Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
Positive
Positive
N/A
Positive
N/A
Positive
Positive


APPENDIX I.1

WAVERLEY BOROUGH COUNCIL

EXECUTIVE - 12TH JULY 2005

Title:

EAST STREET, FARNHAM - DOGFLUD CAR PARK
[Wards Affected: All Farnham Wards]

Note pursuant to Section 100B(5) of the Local Government Act 1972

The annexe to this report contains exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in Paragraph 9 of Part I of Schedule 12A to the Local Government Act 1972, viz:-

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Summary and Purpose

This report is intended to bring the Executive up to date on the position regarding the removal of a restrictive covenant over the Dogflud Car Park.

Quality of life implications – social, environmental & economic (sustainable development):

The quality of life implications are as previously reported to the Executive.

E-Government implications:

There are no direct e-Government implications.

Resource and legal implications:

There are financial implications that are set out in the report.

Background

1. Under the terms of the Conditional Contract with Crest Nicholson/Sainsbury (CNS), Waverley has responsibility for securing the removal of a restrictive covenant over the Dogflud Car Park. The covenant is in favour of Surrey County Council and prohibits the use for anything other then public parking.

2. Terms have been negotiated for removal of the covenant and are set out in the (Exempt) Annexe to this report.

Resource Implications

3. The potential ‘deductions’ from any capital receipt generated from the East Street development have been reported to members. One of these deductions was an estimate of the cost of Waverley’s land assembly necessary to start the development which includes the Dogflud Car Park restrictive covenant.

4. As the acquisitions must take place before the contract becomes unconditional, the Council will have to finance the acquisitions from existing funds before the value and date of any capital receipt is agreed. Once any receipt is paid, the costs of the acquisitions will be deducted before calculating the usable amount, and the original funding used will be reimbursed.

5. There are currently capital funds held for housing schemes in the next 2-5 years that are planned but not yet committed that could be used to provide ‘bridging’ funding to cover the cost. Provided that this funding is recovered from any future capital receipt then this arrangement will not impact on the housing capital programme. If for any reason full recovery of the funds could not be made, the programme would need to be reviewed.

Recommendation

It is recommended that the Executive:

1. approves the terms of the release of the restrictive covenant;

2. in order to finance the removal of the covenant, approves the sum as detailed in the (Exempt) Annexe, this to be met from existing funds and to be recovered from any future receipt arising from the East Street Development and the funding reinstated for its original purpose; and

3. agrees to the Council paying the sum detailed in the (Exempt) Annexe to Surrey County Council in consideration of the County Council releasing the restrictive covenant affecting Dogflud Car Park.

________________________________________________________________________

Background Papers (DoP&D)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

CONTACT OFFICER:

Name: Mr M Stevenson Telephone: 01483 523 455

E-mail: mstevenson@waverley.gov.uk

comms/Executive/2005-06/072