Decision

Under the executed sale agreement between WBC and Roffey Homes, the Council may be called upon to facilitate the transfer of easements and other rights over parts of the Council’s land.  The decision is:

To grant easements and restrictive covenant rights (“the Rights over land within HM Land Registry Title Numbers WSX331115 and WSX280571 forming access land to Union Gardens development to benefit the sub-station property being transferred to MUA Electricity Limited (“MUA Electricity”) by Roffey Homes Limited (“Roffey Homes”) within the Union Gardens development. The substation will be operated by South Eastern Power Networks plc (“South East Power Networks”) to serve the development (Union Gardens).

Reasons for the decision

The Council owns the freehold to the Access Land which serves the Union Gardens development. The Council has been requested by Roffey Homes (in accordance with the terms of the sale contract between the Council and Roffey Homes re the Union Gardens development land) to enter into the transfer deed as ‘Grantor’ (acting in its capacity as freeholder of the Access Land) to grant the Rights to MUA Electricity and South Eastern Power Networks. The Rights granted are:

• easements [set out at clause 12.2 of the transfer] which include a right of way over part of the Access Land and the right to lay electricity cables under the same; and
• restrictive covenants over part of the Access Land relating to alterations for the protection of the electric lines to be installed [set out at clause 12.5 of the transfer].

Alternative options considered

As the Director for Service has assessed the proposed transfer terms as being within the type of agreement that the developer may require under the sale contract, not progressing with the grant would go against the terms of the sale contract between the Council and Roffey Homes re the Union Gardens development land. Any refusal is also likely to hinder the development of Union Gardens by Roffey Homes.