Decision details

Grant of Easement to Rockwood Homes Limited at land adjacent to Tyting Farm, Guildford

Decision Maker: Assistant Director: Assets and Property

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

The Council will grant the owners of Tyting Farmstead, Rockwood Homes Limited, a Deed of Easement in connection with the installation of a Sewerage Treatment Plant, for the benefit of the 5 properties at Tyting Farnstead and Tyting Lodge.

When the property was sold to Rockwood Homes Limited, in 2019, it was agreed, as part of the sales transaction, that the Council would subsequently grant a Deed of Easement allowing for the installation of the sewerage treatment plant.

As part of this transaction, it was agreed that Tyting Lodge, (which was previously sold by the Council and who had rights to use the previous sewerage treatment plant), would connect into the new system. As the former sewerage treatment plant was so antiquated to deal with the addition newly developed homes, it was agreed that the Council would contribute a £3,088.16 plus VAT, on behalf of Tyting Lodge, so that they would continue to use the new system. The owners of Tyting Lodge would then become part of the management company with the other properties at Tyting Farmstead and would be responsible for any further maintenance or repairs; the Council would have no going costs.

The Grantees have agreed to pay a peppercorn for the grant of this Deed of Easement, 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, which was achieved when Tyting Farm was sold in 2019.

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


Reasons for the decision:

Agreed as part of the sale of Tyting Farmstead in 2019, to facilitate the sale and onward redevelopment of Tyting Farmstead.

Alternative options considered:

The decision meets the policy requirements for the Council and there were no alternative options available

Publication date: 24/03/2023

Date of decision: 17/03/2023