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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 11/07/2006
EASEMENT OF VEHICULAR ACCESS TO REAR OF
HOMEFIELD, THE COMMON, CRANLEIGH



Summary & Purpose
This report seeks authorisation for the grant of an easement of vehicular access and services, if required, to a proposed new house to be constructed in the rear garden of Homefield, The Common, Cranleigh.

APPENDIX S

Waverley Borough Council

EXECUTIVE – 11TH jULY 2006
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Title:
EASEMENT OF VEHICULAR ACCESS TO REAR OF
HOMEFIELD, THE COMMON, CRANLEIGH

[Ward Affected: Cranleigh West]
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Note pursuant to Section 100B(5) of the Local Government Act 1972

An 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 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Summary and purpose:

This report seeks authorisation for the grant of an easement of vehicular access and services, if required, to a proposed new house to be constructed in the rear garden of Homefield, The Common, Cranleigh.
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Environmental implications:

Consideration of any environmental impact of a new dwelling in this position will be made by the relevant Development Management Committee.

Social / community implications:

Social and community implications of a new dwelling in this position will be made by the relevant Development Management Committee.

E-Government implications:

There are no e-government implications arising from this report.

Resource and legal implications:

The grant of an easement will provide Waverley with a capital sum. The applicant is to meet Waverley’s legal costs in the matter.
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Background

1. Homefield is a large, detached house with a large rear garden, as shown outlined on the plan at Annexe 1. It has had vehicular access to the front of the property over Cranleigh Common since at least 1944, though there is no evidence that this access extended to the rear. The property does not have a deed of easement for the access or for any services. Following the House of Lords’ decision in Brandwood and Others v Bakewell Management Limited, Waverley is unable to prevent the acquisition of a prescriptive right of vehicular access when this can be proved to have existed for more than 20 years. It is possible that this right may extend to new dwellings within the curtilage of the property, provided their accesses use the same route over Waverley’s land.

Proposal

2. In order to access the rear of the property by the existing access, the developer would need to demolish the existing garage and put a driveway through to the rear garden. This would reduce the privacy of the existing house and hence its value. The preferred route is over the access to High Pines, for which the owners of Homefield will require an easement from Waverley and a further one from the owners of High Pines.

3. The terms and conditions of the proposed easement are set out at (Exempt) Annexe 2 to this report.

Recommendation

It is recommended that a deed of easement be granted on terms and conditions as set out in the Exempt Annexe to this report, other terms and conditions to be negotiated by the Property and Development Manager.
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Background Papers (DoPD)

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

Name: Ailsa Rhodes Telephone: 01483 523459

E-mail: arhodes@waverley.gov.uk

comms/exec/06-07/057
48849