Decision details

To seek approval to modify the restrictive covenant on the land coloured yellow in the plan at Appendix 1 (“the Land”) and to sell the freehold title of the access road shown coloured brown in the plan at Appendix 1 (“Access Road”).

1)Approval is given to modify the restrictive covenant on the Land as set out in this report
2)Approval is given to sell the Access Road on the terms set out in this report

Modification of the restrictive covenant on the Land will provide the Council with a capital receipt of £24,000 and will help meet housing targets.
Selling the Access Road will provide the Council with a capital receipt of £24,000 and the Council will no longer be liable for the maintenance of the Access Road.

One alternative option is not to sell the Access Road and take responsibility for administering the maintenance contributions of the same. To date, no maintenance has been required to the Access Road. However due to age and the increased number of properties now using the Access Road, this could now become necessary. This would be difficult to calculate and would involve a significant amount of administration work for officers. In addition to this, as the Council have no land served by the Access Road, there is no value to the Council in maintaining ownership.
Another alternative option is to not modify the restrictive covenant which would prevent development of the Land. The Developer could however apply to the Land Tribunal to modify the covenant under s84 Law of Property Act 1925