Variation of restrictive covenants on land formerly owned by the Council and formerly forming part of Park Barn Farm, Guildford.

November 20, 2024 Joint Assistant Director: Assets and Property (Officer) Approved View on council website
Full council record
Content

The Council has received a request from Surrey County Council (SCC)
to vary the terms of an existing Deed of Grant and Release dated 31
March 2021 relating to SCC’s property and made between (1)
the Council and (2) SCC, and to agree to a new Deed setting out the
variations in line with the following terms and conditions:

1. The new Deed will vary the permitted user to allow SCC to use
SCC’s property and any building or buildings to be erected
thereon as (a) an extra care hospital or residential/nursing home
for the provision of residential accommodation and care to people
in need of care and/or support within Use Class C2 under the Use
Class Order or (b) as Extra Care Affordable Housing in accordance
with the Planning Permission.

2. The Planning Permission is the planning permission granted for
the proposed erection of a three storey building comprising an
extra care facility (Class C2) and associated access, drop off, car
and cycle parking, landscape, refuse facilities and substation
dated 9 October 2023 under planning application reference
22/P/01636.

3. In addition, the new Deed provides that an overage payment is to
become due from SCC to the Council for a change of use from C2 to
C3 on each occasion that a ‘Trigger Date’ occurs during
the period when the overage provisions apply. A ‘Trigger
Date’ relates to each New Planning Permission granted during
the ‘Overage Period’. The ‘Overage Period’
is the period of 30 years from the date of the new Deed.

The Council and SCC have agreed that a nil premium is payable for
the variation in the permitted user under 1. above, plus our costs,
which in accordance with the Council’s General Disposal
Consent powers, provides the ‘best consideration reasonably
obtainable’ where the proposed term exceeds seven (7)
years.

If you have any queries, then please contact Fiona Williams who
will be happy to provide further information.

Details

OutcomeRecommendations Approved
Decision date20 Nov 2024