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					                             MEDWAY COUNCIL

                                    CABINET

                            13 DECEMBER 2005

          RIGHT OF WAY: MARCONI WAY, ROCHESTER
Portfolio holder: Councillor Alan Jarrett, Finance

Report from:        Neil Davies, Director of Finance and Corporate Services

Author:             Noel Filmer, Senior Manager Valuation and Asset
                    management

1.        Summary

1.1       This report requests that the Director of Finance and Corporate
          Services is granted delegated authority to grant a right of way along
          Marconi Way to serve the land at the rear of 586 and 588 City Way.

2.        Decision Issues

2.1       As the consideration for the right of way is likely to be over £10,000,
          but under £1m, this is a matter for Cabinet.

3.        Background

3.1       The owner of the land (shown hatched black of the attached plan),
          obtained planning permission for the erection of 2 chalet type
          bungalows in 1998. The access is to be via an existing dropped kerb
          onto Marconi way. The then current operator of Rochester Airfield
          (GEC) was consulted and stated that the houses should not exceed 8
          metres in height. This constraint was taken into account when planning
          consent was granted.

3.2       In 2001, the owner obtained an extension of the time limit, in which to
          commence the development and in March this year started
          development.

3.3       The council wrote to the owner asking for either:

         Proof that they have authority to use Marconi Way or
         Confirmation that the building works have stopped and that the access
          onto Marconi Way has been rendered un-useable.
3.4     Building works have now ceased, but the owner is claiming that a right
        of way already exists.

4.      Advice and Analysis

4.1     The Council can either grant a right of way or refuse to. Officer advice
        is contained in the exempt appendix.

4.2    The Regeneration and Environment directorate and Rochester Airport
Plc (the current tenant and operator of the Airport) have been advised of the
position.

5.      Financial Implications and legal implications.

5.1     These are contained in the exempt appendix.

6.      Recommendations

6.1     That Cabinet delegates authority to the Director of Finance and
        Corporate Services to grant a right of way along Marconi Way to serve
        the land at the rear of 586 and 588 City Way, on the best terms
        reasonably obtainable.

7.      Suggested reasons for decision

9.1     7.1   To regularise the use of Marconi Way and to contribute towards
        the Council’s receipt target of £4m per annum.

Lead officer contact

Noel Filmer – Senior Manager, Asset and Property Management
01634 332415 noel.filmer@medway.gov.uk


Background papers

None.

				
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