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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 17/05/2005
Easement of Access to 42-44 Weydon Lane, Farnham



Summary & Purpose
This report seeks authorisation to an easement of access and a licence for construction vehicles over Waverley’s footpath at Selborne Gardens, Farnham, to a development consisting of a terrace of four houses, two of which will be the existing houses and two new built. The existing access to Weydon Lane will be used for parking for two of the houses.

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
N/A
N/A
N/A
N/A
N/A
N/A
Positive



The development will provide an extra two bedroom and three bedroom house as an intensification of the existing use. Planning permission has been obtained for the development.

E-Government implications:

There are no e-government implications.

Resource and legal implications:

The easement will generate a capital sum as set out in the (Exempt) Annexe. This will be a Housing Revenue Account capital receipt as this is Housing Revenue Account and. For 2005/2006 50 % of this receipt would normally need to be paid to Central Government. However, as this is a non right-to-buy receipt and the Council has a substantial Decent Homes Capital Programme, the whole receipt may be applied for this purpose which will avoid the need to pay part of it over.
Legal fees are to be borne by the applicant.

Background

1. 42 – 44 Weydon Lane are a pair of semi-detached houses situated next to Selborne Gardens as shown outlined in the plan annexed. Access to the properties is via a narrow and long drive.

2. In August, 2004, planning permission was granted for the demolition of extensions to the existing houses and the construction of two further houses to make a terrace of four. In order to provide adequate parking for the houses on site, an access was proposed to Selborne Gardens. A further planning application is being made on similar terms to the previous one.

3. The developers initially understood that the access would be over highway land. However, following investigation, it was discovered that the footpath and hedge between the development site and Selborne Gardens belongs to Waverley. They have therefore sought an easement of access to the site over the land shown hatched on the plan.

4. The Director of Housing has been consulted regarding the proposed easement and has indicated that there is no objection provided that parking occurs within the curtilage of the development.

5. The proposed terms for the easement and for a licence of access during the construction period are set out in the (Exempt) Annexe.

Recommendation

It is recommended that:-

1. an easement of access and a licence for construction vehicles be granted to the Trustees of the Estate of Samuel Marshall on terms and conditions as set out in the (Exempt) Annexe, other terms and conditions to be agreed by the Property and Development Manager; and

2. the capital receipt be applied to help fund the Council’s Decent Homes Capital Programme.
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Background Papers (DoP&D, DoH)

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
Name: John Swanton Telephone: 01483 523375
E-mail: jswanton@waverley.gov.uk


comms/executive/2005-06/004 43478