Rother District Council Agenda Item: 7.1

Report to - Cabinet

Date - 5 September 2011

Report of the - Director of Resources

Subject - AmicusHorizon - Eastview Terrace, Sedlescombe

Recommendation: It be RESOLVED that Authority be given for the Council to enter into a Deed of Rectification with AmicusHorizon to remove reference in the Eastview Terrace title of the garages as being subject to a preserved right to buy granted under the 1998 Large Scale Voluntary Transfer (LSVT).

Head of Service: Anne Fennessy

Lead Cabinet Member: Councillor Bob White

Introduction

1.  AmicusHorizon are progressing design proposals for the redevelopment of old residential garages in Eastview Terrace, Sedlescombe to provide a combination of 10 houses and flats all for shared ownership for local residents.

2.  The site consists of 35 garages in total and approximately 40% are void and difficult to let. The remainder are let on licenses. The garages are located at the back of the estate and are troubled by loitering and anti social behaviour activity. Development will remove this problem.

1998 Large Scale Voluntary Transfer (LSVT)

3.  The garages located on the property are noted (in error) with Land Registry as being subject to a preserved right to buy granted under the 1998 LSVT.

4.  The preserved right to buy entry was incorrectly registered as the garages in question have never since (or indeed before) the 1998 transfer been associated with individual dwellings that do benefit from a preserved right to buy. They have been let on separate licences since AmicusHorizon took ownership.

5.  Prior to commencing any development, AmicusHorizon need to resolve this point. In order to delete this reference, the Land Registry requires a formal Deed of Rectification to be entered into by both parties.

Recommendation

6.  It is recommended that the Council and AmicusHorizon enter into a Deed of Rectification to remove reference in the Eastview Terrace title deeds of the garages as being subject to a preserved right to buy granted under the 1998 LSVT.

Malcolm Johnston

Director of Resources

Risk Assessment Statement

The original designation of this land appears to have been made in error, and it is appropriate to correct this through a Deed of Rectification. Otherwise there is a high risk that this scheme will fail and AmicusHorizon would subsequently lose the approved Homes and Communities Agency funding.

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cb110905 – AmicusHorizon – Eastview Terrace