Decision details

Decision details

Grant of Easement Over Land

Decision Maker: Executive Director (Development)

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

The Leader may delegate executive responsibilities to a single Cabinet Member with or without consultation with officers or other Cabinet Members (Part 4.6 of the Constitution). The Leader agreed on 31 July 2023 to delegate the decision to the Deputy Leader - Finance and Asset Management.

The Deputy Leader – Finance and Asset Management resolved on 14 August to:

1.     Approve the outline terms negotiated in relation to the proposed grant of the easement and ancillary surrender of part of a lease as set out in Exempt Appendix 1 of a Cabinet Member Report dated 2 August 2023; and

 

2.    Delegate authority to the Executive Director – Development (in consultation with the Head of Financial Services and the Head of Law and Governance) to approve the final form of documents, any form of payment due from the Council and enter into the transactions.

Decision:

To enter into a tripartite agreement with Cowley Baldon Green Limited and Thames Water Utilities Limited for the grant of an easement over land and ancillary surrender of part of an existing lease.  The terms of the agreement are set out in Appendix 1 of the report to the Deputy Leader (Statutory) – Finance and Asset Management dated 4 August 2023 (exempt from publication as it contains commercially sensitive information).

Reasons for the decision:

Oxford City Council has been approached by a developer (Cowley Baldon Green Limited) which is proposing to develop a solar farm on and adjacent to the southern boundary of the Council’s land leased by Thames Water (TW).  The developer cannot proceed without securing an easement from the Council to lay services under the land currently leased to TW.

The decision allows the Council to enter into a contract which will result in land leased to Thames Water being surrendered back to the Council and the Council then being obliged to grant an easement to Cowley Baldon Green Limited.

Alternative options considered:

Not to grant the easement.  This option was rejected as it would not allow the proposal to proceed.

Signed off by senior officers:

Decision taken by Councillor Ed Turner, Deputy Leader (Statutory) – Finance and Asset Management and Tom Bridgman, Executive Director (Development) in consultation with Jane Winfield, Head of Corporate Property; Nigel Kennedy, Head of Financial Services; and Rhian Davies, Interim Head of Law and Governance.

Publication date: 14/08/2023

Date of decision: 14/08/2023

Effective from: 17/08/2023

Accompanying Documents: