The Vale of Glamorgan Council
Cabinet Meeting: 19 October, 2015
Report of Cabinet Member for Housing, Building Maintenance and Community Safety
Grant of Easement - Land at South View, Rhoose
Purpose of the Report
1. To seek Cabinet approval to grant a right of way over land at South View, Rhoose in order to access land to the rear of 45 Fontygary Road, Rhoose.
1. That the Head of Finance be authorised to negotiate and agree terms and conditions for an easement allowing vehicular and pedestrian access over land at South View, Rhoose to benefit the building plot to the rear of 45 Fontygary Road, Rhoose.
2. That the Head of Legal Services be authorised to prepare and execute the Deed of Grant in respect of the easement.
Reasons for the Recommendations
1. To regularise access requirements over Council owned land at South View Rhoose.
2. To legally formalise the grant of easement.
2. Planning permission has been granted for the construction of a detached dwelling-house on land to the rear of 45 Fontygary Road, Rhoose. In order for the plot to be developed, access is required over land at South View which is owned and controlled by the Council's Housing Department. The owner of the building plot has approached the Council to seek to formalise a grant of easement over the land prior to sale of the building plot.
3. Easements for a rights of way have previously been agreed and granted by the Council to other adjacent landowners over the same piece of land at South View (Cabinet Minute C2974 refers).
Relevant Issues and Options
4. A request for access over the Council's land at South View in favour of the plot of land to the rear of 45 Fontygary Road, Rhoose was made to the Directorate of Resources. Consideration for the grant of a vehicular and pedestrian right of way has been agreed with the adjacent landowner 'Subject to Cabinet Authority' and 'Subject to Contract'.
5. The right of way will not impact on any future use of other Housing land in the locality; in particular there are no development opportunities available to the Council in respect of the land which this easement would encumber.
6. The Deed of Grant will require the landowner to lay and maintain the right of way and there will therefore be no cost to the Council. Parking will be prohibited on the area subject to the easement.
7. Planning permission has already been granted for the construction of a detached dwelling-house at the rear of 45 Fontygary Road, Rhoose (planning permission 2011/0116/FUL refers).
Resource Implications (Financial and Employment)
8. The Council will receive a capital receipt as a result of granting the easement. Any payment received will provide additional income to the Housing Revenue Account.
9. As stated above, maintenance of the right of way will be the responsibility of the adjacent benefitting landowner.
10. Agreement will be sought from the outset for the adjacent landowner to cover estates and legal officer costs.
Sustainability and Climate Change Implications
11. There are no Sustainability and Climate Change Implications.
Legal Implications (to Include Human Rights Implications
12. The land at South View is held for non-operational housing purposes. The Council has the power under section 32 of the Housing Act 1985, and under the General Consents for Housing and Land issued under that section, to grant any easements over land held for housing purposes for a consideration to be determined by the Council.
Crime and Disorder Implications
13. There are no Crime and Disorder implications.
Equal Opportunities Implications (to include Welsh Language issues)
14. There are no Equal Opportunities implications.
15. To contribute to Priority Outcome 6 of the Corporate Plan 2013-17: that Vale of Glamorgan Residents have access to affordable, good quality housing and housing advice and support.
Policy Framework and Budget
16. This report is within the Council's policy framework and budget and is a matter for Executive decision.
Consultation (including Ward Member Consultation)
17. Ward Member Consultation has been undertaken. Cllr James' comments were as follows: "No objection as long as any future access to other properties, should that be the case, the Council can claw back a fair proportion of this cost."
Relevant Scrutiny Committee
18. Scrutiny (Housing and Public Protection)
Dean Lacey, Asset Management Officer
Mike Ingram, Operational Manager Public Housing Services