Decision details

Redevelopment of Sweyn Close/Fulmerston Road, Thetford - Release of Restrictive Covenant (Agenda Item 7)

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

Flagship Peddars Way has asked Breckland Council for the release of restrictive covenants that it placed on 17 properties when Breckland Council originally sold the land.  This is necessary to deliver 67 affordable dwellings of which 33 will be additional to the reprovision of 34 cross-walled properties.  

Decision:

To release each and every restrictive covenant, (insofar as the Council has power to do so) contained in the relevant Conveyances in respect of the properties identified in the report, at nil consideration.

Reasons for the decision:

1.                  To deliver 67 affordable dwellings of which 33 will be additional to the re-provision of 34 cross-walled properties; and

2.                  The development of Sweyn Close forms part of the regeneration of the Barnham Cross Estate.

Alternative options considered:

(1)     To agree to release each and every restrictive covenant (insofar as the Council has power to do so) contained in the relevant Conveyances in respect of the properties identified in the report, at nil consideration, as per the request from Flagship Peddars Way.  Please refer to paragraph 3 of the letter attached, as to the reasoning the Housing Association feels the covenants should be released at no premium; or

 

(2)     To agree to release each and every restrictive covenant (insofar as the Council has power to do so) contained in the relevant Conveyances in respect of the properties identified in the report but negotiate with the Housing Association as to an appropriate market value and/or a claw back arrangement.

Report author: Zoe Footer

Publication date: 28/07/2011

Date of decision: 26/07/2011

Decided at meeting: 26/07/2011 - Cabinet

Effective from: 05/08/2011

Accompanying Documents: