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The grant of an option to enter
into the deed of easement and subsequent grant of an easement to a
developer.
 

Reasons for the decision

The Developer has a current
planning application and an option to purchase land to the rear of
Waitrose, Shipston Road, Stratford upon Avon.  That land belongs to a third party.  In the event that the Developer exercises its
option to purchase the abovementioned land, it wishes to site the
surface water drainage from their development across land owned by
the Council. 
 
This land is used as informal
open space and this use will continue once the drainage is
installed as the Developer will be responsible for
reinstatement.
 
All works will be carried out
from the development side and not across other Council land and
will be at the cost of the Developer.
 
The Developer has an
alternative route available, however the route proposed is the
shortest one and, in addition, the use of this land means the
Council is able to receive a capital receipt.  The value of the easement has been agreed by
Bruton Knowles, the Council’s external valuers.
 
Forestry consultants have
considered the vegetation on the route, for the Council, and advise
that only shrubs will be affected. 
 
As required the granting of the
proposed easement has been appropriately advertised.
 
The Council’s legal costs
will be paid by the Developer, and the Council’s interests
are being protected as the easement and option agreement will be
drafted and agreed by Legal Services.
 
The decision to grant the
agreement is covered by my delegated authority.

Alternative options considered

·        
Grant the proposed easement.

·        
Require the developer to route the drainage over
other land.