PAPER E3

Purpose : For Decision

Committee :    EXECUTIVE

Date :              9 APRIL 2002

Title :              RIGHT OF WAY - PRINCE CONSORT, ST THOMAS STREET, RYDE

PORTFOLIO HOLDER - RESOURCES

SUMMARY/PURPOSE

The owner of the Prince Consort has applied for a vehicle and pedestrian right of way through the adjoining car park. The purpose is secure planned changes to the building. Terms for the right have been negotiated and are being recommended to the Council.

BACKGROUND

The Prince Consort building in St Thomas Street, Ryde (owned by Prince Consort Limited) is situated next to St Thomas Street Car Park (north) owned by the Council. That company has been undertaking various consented improvements to this listed building to provide a Health Fitness Suite on the lower ground floor, offices on the ground floor and apartments on the upper floors. The property has an emergency right of way along the east boundary of the Council’s adjoining car park. St Thomas Street Car Park also accommodates a foul water pumping station owned by Southern Water, the capacity of this facility was recently extended with a new chamber as part of the Seaclean Wight Project undertaken by Southern Water. The details of these changes will be the subject of a later report.

When the Seaclean Project works were completed in the car park, the car park area was resurfaced and an improved car park layout was marked out. This new layout is over the area of the existing emergency escape in favour of the Prince Consort, however the owner of the Prince Consort is agreeable to surrendering this right in place of a new arrangement.

The Prince Consort Limited is now proposing to relocate its existing car park from the front of the building to the rear with access through St Thomas Street Car Park. The company plans to re-landscape the forecourt of the building for pedestrian access only with new railings and gates. The company is also agreeable to giving up land to improve the entrance way to the public car park. All these proposals are subject to planning permission being consented and a planning application is pending the Council’s agreement of terms. A site plan indicating the proposed right of way is appended.

Because the potential grant of the right will only benefit the company as Owner of the adjoining premises the Council’s rules in terms of a special purchaser has been implemented and two independent valuers were commissioned to report on value. Details of these reports and the terms negotiated with Prince Consort Limited are set out in the confidential paper appended.

OUTCOME OF CONSULTATIONS

Details of this paper have been circulated to Ryde Forum and the Local Member. No adverse comments have been received.

FINANCIAL IMPLICATIONS

Given current assumption on capital discount rates the negotiated revenue sum equates broadly to the capital valuations over the period of the lease.

LEGAL IMPLICATIONS

The Legal Services Manager advises that :

There are no covenants or other matters referred to in the Council’s freehold title which would prevent or restrict the proposals.

The existing right is on foot only and a deed of release and lease of the new rights will be prepared.

EVALUATION

On the basis that planning permissions is consented and the conditions and terms set out in the confidential paper attached apply then the Property Services Manager is satisfied that the Council is obtaining best consideration for the grant of the right of way.

BACKGROUND PAPERS

None.

Contact Point : Tony Flower, ☎ 823263