Decisions

To approve the variation of the lease to Normandy Parish Council dated 19th October 2000 in connection with a Licence to Underlet which will facilitate the building of a community shop and café.

Specifically, clause 2 (19) of the Lease shall be deleted and replaced by the following clause:

“Not to carry on any trade or business on the Demised Premises save that the holding of social events consistent with the permitted use of the Demised Premises fetes plant sales fund raising and community events (or such other events as the Council may first approve in writing acting reasonably and without delay) and the operation and running of the community shop and cafe constructed on part of the Demised Premises in accordance with the planning permission granted by the Council as Local Planning Authority on 26 November 2020 under reference number 20/P/01593 shall not be a breach of this clause”

The Normandy Community Shop and café Limited is a registered society and the premises, when built, is to be run on a not for profit basis.

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

To approve the grant of the occupational licence to the NHS over Artington Park & Ride site, in line with the following terms and conditions:

The fee will be £56,025 per year + VAT.

The agreed licence period is 1 April 22 to 31 March 2023. There will be a mutual rolling break option operable at anytime on one months’ prior written notice.

The fee will be payable annually in advance.

The Licencee will be responsible for the payment of business rates while in occupation to the Council.

The Licencee will also be responsible for paying the Councils reasonable legal and surveying costs in this matter.

As Artington Park & Ride site is leased-in from Loseley Estate, consent has been obtained to be able to grant this licence.

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

The Council’s tenant Normandy Parish Council of the above property has requested that they be given licence to allow them to carry out the following alterations at the above property.

Construction of a new community shop and café pursuant to the Council granting consent to the Tenant to underlet to Normandy Shop and Café Limited.

Planning consent for the building has been granted under 20/P/01593.

The Council cannot unreasonably withhold or delay consent for such alterations

If you have any queries, then please contact Damien Cannell will be happy to provide further information

The Council’s tenant Normandy Parish Council of the above property has requested that they be given licence to allow an underlease of part of the property pursuant to the lease dated 19th October 2000

The Parish Council have been granted planning consent to build a community shop/café (Planning Ref 20/P/01593) and have grant funding of £500,000

The Council cannot unreasonably withhold or delay consent for such an agreement

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

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.