Decision details

The Director of Policy and Resources (Monitoring Officer) reported that the Council offered a number of different encroachment agreements, namely:-

·         annual residential;

·         annual commercial; and

·         longer term commercial.

Currently, annual residential encroachment agreements were granted for a period of one year, but continued on a rolling yearly basis, taking the form of a licence agreement, which provided very little security to the customer.  It was considered that there may be some benefit in granting longer-term agreements, in the form of a lease, to customers for residential encroachments.  The proposal was to offer a lease agreement for a period of up to nine years, in line with Lambert Smith Hampton’s current delegations.  Rent reviews would follow the same format as currently, with the Lake Administration Committee approving the charges for each financial year as part of the fees and charges process.  Subject to approval, the Council would offer the new agreements, with effect from 1 April 2019.  In offering a lease, it was proposed that the relationship between Council and customer would take the basis of a formal landlord/tenant relationship, enabling a better understanding of each party’s obligations.

In response to queries raised, the Director of Policy and Resources (Monitoring Officer) and the Solicitor (Property and Contacts) explained that the proposal related only to residential encroachments.  Although the proposal was to offer agreements for a term of up to nine years, the period could be less, with break clauses also being negotiated within the agreements, as necessary.  Appropriate provisions would be included in the agreements to address the possibility of a change in property ownership during the term of the agreement.

RESOLVED – That

(1)        the proposal to offer residential encroachment agreements to customers for a term of up to nine years, subject to customers having an up-to-date Lake encroachment account, be approved; and

(2)        Lambert Smith Hampton be delegated authority to agree the granting of such agreement.