Issue - meetings

RESOLVED that the Council grant an easement for a right of way across Loxley Lane, Whitwell on terms agreed by the Senior Valuer.

Executive considered a detailed report, presented by the Portfolio Holder for Growth, which sought approval to grant an easement for access rights across Loxley Lane, Whitwell.

The Council owned the access road, known as Loxley Lane, which lead off Station Road, Whitwell, to the Whitwell Station car park. The car park was leased by the Council from Network Rail.

A developer now required access to its site via Loxley Lane for 18 of 19 houses and had been in negotiation with the Council to acquire an easement granting rights of access. An agreement in principle had been agreed between the Council’s Senior Valuer and the developer for the payment of a premium of £150,000 to acquire rights of access.

The developer had also agreed to contribute to future maintenance of the access road by paying £100 per annum per property. Based on 18 properties using the access this would amount to £1,800 per annum and would be fixed for five years and then adjusted in line with Consumer Price Index every five years. Both the Senior Valuer and the Senior Engineer were satisfied that this level of contribution would be sufficient to cover the development’s proportionate share of future maintenance costs.

Moved by Councillor John Ritchie and seconded by Councillor Duncan McGregor

RESOLVED that the Council grant an easement for a right of way across Loxley Lane, Whitwell on terms agreed by the Senior Valuer.

Reasons for Recommendation

To secure Executive’s agreement to grant an easement to the owner of the development. This matter has been considered by Asset Management Group who are comfortable with the proposal.

Alternative Options

Not to grant an easement. The Council would not receive a capital receipt and there would be no vehicular access to the properties being built on the development.