Archived decisions
Hampshire County Council
Yateley Common Management Committee Item 6
13 February 2007
Sims Group UK Ltd - Access Across Yateley Common
Report of the Chief Executive
Contact : Liz Ellam (01962) 847371 [email protected]
(With the concurrence of the Chairman under Section 100(B)(4)(b) of the Local Government Act 1972, this matter was included on the Agenda to ensure that timely decisions are taken with regard to access across Yateley Common)
1. Summary
1.1 An agreement has been concluded between Hampshire County Council and Sims Group UK Ltd. under which a new access track to the scrap metal processing site will be constructed and the existing access track to the south and the redundant access track to the north will cease to be used.
2. Background
2.1 In 2002 Hampshire County Council (`HCC') instituted proceedings in the High Court against Sims Group UK Ltd. (`Sims') in relation to their allegedly unlawful use of an access track from the rear of their site south to Vigo Lane.
2.2 Sims defended the action alleging that they had acquired a prescriptive right of way over this access and counterclaimed that they had a prescriptive right of way over an access that ran north from the rear of the site to Dungells Lane, notwithstanding that this access had not been used for several years.
3. Outcome of Litigation and Discussions
3.1 Discussions took place which culminated in an agreement that, subject to Sims contributing to the costs of construction, HCC will construct a new access from the rear of the site to Vigo Lane.
3.2 Sims have agreed to immediately relinquish any claim that they had a right to use the northern access and on completion of the new access road, they will also cease to use the existing southern access. In the event that the new access road cannot be constructed, Sims can continue to use the existing southern access.
3.3 HCC had previously agreed that Sims and Blackbushe Motors could use two accesses at the front of the site to Vigo Lane and in the agreement, subject to HCC approving any scheme of works and Sims securing any necessary consents, Sims can upgrade and maintain the front accesses and a part of the rear access they are to continue to use.
3.4 HCC has also agreed to grant an easement to allow Sims to regularise use of an existing drainage pipe running north from the site to Tudor Drive.
3.5 The effect of entering into the agreement is that the High Court proceedings are now terminated.
4. Anticipated benefits
4.1 Resolution of this long-standing dispute has the advantages of :
· Finality and certainty
· Confinement of the activities associated with the site to a smaller part of the Common by immediate prevention of any resumed use of the northern access and cessation of the use of the southern access when the new access road is constructed
· Reducing the environmental impacts on Yateley Common by way of the construction of a higher quality access road with the use of robust surfacing and kerbing to avoid localised `encroachments' onto the Common and provision of a positive surface water draining system; enabling additional improvements to the existing front accesses to be undertaken by Sims, subject to all approvals being secured from the County Council and other agencies; and future opportunities for the reinstatement back to Common of the routes of the northern access and, subject to construction of the new access road, the southern access.
5. Next steps
5.1 HCC must apply for planning permission for the construction of the new access road and secure any consents needed as a consequence of the land being Registered Common and the environmental designations for the affected and surrounding land.
5.2 Once those consents have been obtained, a contract will be let and managed by HCC to construct the new access road.
5.3 It is intended that HCC will now proceed to secure, if possible, planning permission and all other consents to enable construction of the road to be progressed.
6. Recommendation
6.1 That the contents of this report be noted.
Section 100D Local Government Act 1972 - background papers
The following documents disclose facts or matters on which the Report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this Report.
NB - the list excludes:
1. Published works
2. Documents which disclose exempt or confidential information as defined in the Act
None
4cR120207