Issue - meetings

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

Meeting: 08/06/2010 - Cabinet (Item 62)

62 Request for the Release of a Restrictive Covenant at Sandy Lane, Dereham (Agenda item 11) pdf icon PDF 78 KB

Report of the Executive Member for the Economic and Commercial Services Portfolio (Mark Kiddle-Morris).

Additional documents:

Minutes:

The report sought Cabinet’s approval for 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.

 

The Executive Member for Economic and Commercial Services reminded Members that the District Valuer had valued the release of the covenant at £5,000.

 

It was agreed that the aforementioned amount should be highlighted in the recommendation on all future reports to make the value of the land being transferred for housing or community use more clear.

 

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.

 

Reasons

 

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

 

RESOLVED 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”.