Decision details
To enter into a Deed of Variation of the Option Agreement in respect of land at Garlick’s Arch, Send, Guildford
Decision Maker: Lead Legal Specialist (Interim) & Monitoring Officer
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Decision:
In order to vary an Option Agreement over land
at Garlicks Arch, the material amendments are set out below:-
The Council will, subject to the Owners having obtained planning
permission for each of the below (and in the case of the UKPN
Works, the agreement of UK Power Networks), grant consent (in its
capacity as beneficiary of the Option agreement) to the Owner or
any Developer) to carry out the:
• Access Works (Note: Construction of spine road, roundabout
and ancillary works shown on the plan at Annexure 5 of the Deed
with variations the parties agree acting reasonably);
• Acoustic Bund Works (Note: Installation and construction of
any bund and acoustic fencing to be approved by the Council acting
reasonably); and
• UKPN works (Note: Installation of underground electricity
cables in position shown at Annexure 11 of Deed);
• Conduit Works (Note: works to install service conduits
including water, gas and telecoms in the vicinity of the Access
Works and to be approved by the Council acting reasonably)
each having the same meaning as in the Deed. We would refer the
Council to the definitions of each which have been approved by the
Council in negotiations.
If the Council has already exercised their option prior to the
above work having been carried out and subject to the relevant
consents being obtained, the Council shall at the request or cost
of the Developer or Garlick’s Arch grant to the
Developer:
• Access Works and Conduit Works- an access licence together
with right to retain and maintain the Conduit Works and Access
Works pending adoption by the Highways Authority or relevant
authority;
• Acoustic Bund Works - an access licence together with rights
to retain and maintain the Acoustic Bund Works pending confirmation
of compliance with the planning conditions set by the local
planning authority; and
• UKPN Works - subject to the receipt of a UKPN deed of
easement (in the agreed form annexed to the Deed), an access
licence
In each case to enable the relevant works to be carried out.
In relation to the Access Works and UKPN Works, there is an
obligation at the request and cost of the Developer or
Garlick’s Arch on the Council in its capacity as landowner
to:
• Enter into any statutory agreement required to implement the
same on terms approved by the Council (acting reasonably);
• dedicate to the highways authority the land comprising the
Access Works as public highway; and
• enter into the approved form UKPN deed of easement.
The Council is also obliged (acting reasonably) where required by
the developer or Garlick’s Arch to enter into any works
agreement, s104 agreement and other agreements (including
wayleaves) needed to enable the implementation of the current
scheme.
In the event that the Council has purchased the northern parcel
(being the land to the north of the A3), the Council will not make
any disposition of it without first procuring that the proposed
transferee has executed a deed of covenant in favor of the
Developer and Garlick’s Arch to comply with any obligations
left outstanding in relation to the Northern Parcel.
Where in the Option Agreement, the consent or approval of the
Council is required, it shall be deemed to be acting reasonably
where:
• anything would prevent or adversely affect obtaining
planning for, constructing any using any slip roads the Council
and/or Highways Authority intend to construct on the
Property;
• such consent would impose any financial obligations on the
Council and/or Highways Authority or would make either liable for
the same on completion of the acquisition of the Property or would
require the Council and/or Highways Authority to comply with any
obligations that would incur any financial liabilities;
• such consent would prevent the Property from being used as a
slip road or for ancillary purposes;
• Acoustic Bund Works and Access Works , and other agreements
(including wayleaves) needed to enable the implementation of the
current scheme (excluding the Access Works and Conduit Works) -
where any statutory ‘best value’ obligations are
applicable in which case it will be reasonable for the Council to
as for appropriate sums before giving such consent; and
• Acoustic Bund Works Only - where the Highways Authority has
not yet granted approval for such works as a statutory
consultee.
• Acoustic Bund Works Only - the Council will not be obligated
to approve the Acoustic Bund Works until it has agreed a preferred
route for the proposed slip roads onto the A3 with any relevant
authority (including the highways authority).
Note the Council can be asked to approve any of the above as part
of the planning application process (but subject to the provisos
above). In this instance it initially has 20 working days of
receipt of all relevant information to approve the relevant
application. If it does not respond within this time frame
Garlick’s Arch or the Developer can make time of the essence
in which case the Council will only have a further 20 working days
to respond. If it fails to do so it will have been deemed to
approve the application. This position will also apply in relation
to approval of the permission once granted but a) the time frame is
reduced to 10 working days in each case and, approval is only
needed to the extent there have been material changes from the
scheme previously approved by the Council
The Option Agreement period will also be extended out for a further
1 year period.
The owners cannot:
• apply for planning permission for the Property except in
relation to the Access Works, Acoustic Bund Works and/or UKPN
Works;
• apply for any planning permission in relation to the
Southern Parcel; and
implement any works on the Northern Parcel save for the Access
Works, Acoustic Bund Works and/or UKPN Works.
If you have any queries, then please contact Mark Appleton who will
be happy to provide further information.
Reasons for the decision:
To facilitate Housing Development at Garlicks
Arch, Send Marsh, Guildford
Alternative options considered:
The decision meets the policy requirements for
the Council and there were no alternative options
available.
Publication date: 10/05/2022
Date of decision: 05/05/2022
Effective from: 19/05/2022