Decision details

Deed of Grant for Access and Pipe Easements Over Phase I - St Cloud Way

Decision Maker: Executive Director of Place Services

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Decision made within the confines of the Build Lease with Countryside.

Reasons for the decision:

Within the confines of the Build Lease with Countryside.

Alternative options considered:

The alternative for the Council not to be a party to this Easement will result in no Agreement in place and therefore no water supply provision from the appointed water provider with Statutory Undertaking for the Water Supply Area for the site. This would also mean the development cannot progress.

Therefore, 'do nothing' is not a recommended option.

Details of any associated risks and mitigation:

- not to route through Phase II site as part of ensuring that Phase II of St Cloud Way can be independently redeveloped without encumbering it
- precautions to avoid obstruction to or interference with the use of the Estate Roads or damage and injury to them
- the water company to make good all physical damage or injury to the Estate
- to exercise the Rights in accordance with all statutory or other legal requirements
- forfeiture clause provisions
- the Network Assets installed within the Easement Strip are used for or in connection with the transmission of water
- the water company to keep the Network Assets within the Easement Strip in proper repair and condition

Details of any associated finance considerations:

None other than the fees which are fully met by Countryside.

Finance officer who provided advice:

No financial consideration involved.

Legal fees undertaken by Countryside & Utility Suppliers.

Legal officer who provided advice:

Graeme Berry/Chloe Collins - Gowlings
03/01/24

Details of any associated equality/ sustainability /data protection considerations:

None as not applicable.

Reason(s) for officer decision notice:

Any decision to grant or revoke a permission or license

Publication date: 19/01/2024

Date of decision: 12/01/2024