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 firstname.lastname@example.org Background papers None.