Decision details

Request for the Release of a Restrictive Covenant at Sandy Lane, Dereham

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To consider the release of a restrictive covenant affecting the garage forecourt at Sandy lane in Dereham, at nil consideration, to enable the redevelopment of this site to accommodate two new flats.

Decision:

That the following restrictive covenant on the Peddars Way Housing Association’s title (transfer dated 30 March 1993), in favour of Breckland District Council affecting the garage forecourt (as shown edged red on the plan attached to the report) at Sandy Lane in Dereham be released at nil consideration (the Council’s District Valuer valued the release at £5,000.00):

 

“subject to Clause 7, “in respect of any part of the Property described in Parts III, IV, V and VI of Schedule A (garages, garage forecourts, off street parking areas and amenity areas) not to develop or redevelop that part of the Property and not to permit the same to be used as other then garages, parking areas, amenity areas, respectively, serving residential dwellings”.

Reasons for the decision:

The provision of two flats will provide much needed accommodation in Dereham which has a high housing need.

Alternative options considered:

Option 1

 

To release the following restrictive covenant on the Peddars Way Housing Association’s title (transfer dated 30 March 1993), in favour of Breckland District Council affecting the garage forecourt (as shown edged in red on the plan attached to the report) at Sandy Lane in Dereham, at nil consideration:

 

“subject to Clause 7, in respect of any part of the Property described in Parts III, IV, V and VI of Schedule A (garages, garage forecourts, off street parking areas and amenity areas) not to develop or redevelop that part of the Property and not to permit the same to be used as other than garages, parking areas, amenity areas, respectively, serving residential dwellings”.

 

Option 2

 

To release the following restrictive covenant on the Peddars Way Housing Association’s title (transfer dated 30 March 1993), in favour of Breckland District Council affecting the garage forecourt (as shown edged in red on the plan attached to the report) at Sandy Lane in Dereham, at or above the District Valuers valuation:

 

“subject to Clause 7, in respect of any part of the Property described in Parts III, IV, V and VI of Schedule A (garages, garage forecourts, off street parking areas and amenity areas) not to develop or redevelop that part of the Property and not to permit the same to be used as other than garages, parking areas, amenity areas, respectively, serving residential dwellings”.

 

Option 3

 

Not to release the restrictive covenant.

 

Report author: Zoe Footer

Publication date: 10/06/2010

Date of decision: 08/06/2010

Decided at meeting: 08/06/2010 - Cabinet

Effective from: 18/06/2010

Accompanying Documents: