Purpose

Bath Western Riverside (BWR) Phase 2 is situated on the former gas works site off Windsor Bridge Road. The BWR Phase 2 site will deliver new homes and forms a central component in the Authority’s 5-year housing supply. Through the provision of Homes England Housing Infrastructure funding, the Council acquired a 1/3 land interest in the site, approximately 4 acres, and has proceeded to undertake infrastructure enabling works to unlock the site for redevelopment.

On the 29th April 2020, the Council proceeded to enter into a Gas Rationalisation Agreement (GRA) with Wales and West Utilities to relocate all live gas infrastructure to the west boundary of the site to enable the Phase 2 residential development. The GRA works have now achieved practical completion requiring a number of property related legal transactions to be processed.

This ODD seeks approval to proceed to sign and seal the following agreements:

Decision 1: Deed of Release
The Deed of Release comprises an agreement between existing landowners at the BWR Phase 2 gas works site. The landowners comprise the Council, Wales & West Utilities Ltd and St William LLP.

The agreement releases the rights and the covenants that apply to the land with effect from the date of this deed.

Decision 2: Deed of Easement
The Deed of Easement comprises an agreement between existing landowners at the BWR Phase 2 gas works site. The landowners comprise the Council, Wales & West Utilities Ltd and St William LLP.

Wales & West utilities, a licensed gas transporter has installed gas infrastructure in the relevant rights strip within BWR Phase 2 gas works site. This deed creates an easement for this purpose.

Decision

Decision:
In accordance with the delegated approval set out in the Cabinet Decision E3168, the Director of Economy and Growth (superseded by the Director of Capital & Housing) in consultation with the S151 Officer, are requested to authorise officers to proceed with the above land transactions.

Alternative options considered

The Council is legally obliged to proceed with its contracted requirements under the Gas Rationalisation Agreement (GRA). The Wales & West Utilities operational assets are now constructed on the land concerned and an easement must be granted in accordance with GRA.