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