Agenda item

The Cabinet considered a report relating to a request made by the West Mercia Police and the Hereford and Worcester Fire and Rescue Service to the Bromsgrove Arts Development Trust (known as the Holding Trust) for permission for emergency service vehicles to have passage over land forming part of the car park to the Artrix. This would form part of an additional access route.

It was reported that the land in question was under the control of the Bromsgrove Arts Development Holding Trust with the title ownership registered at the Land Registry in the name of Bromsgrove District Council (who act as the Bare Trustees).

It was noted that as Bare Trustees Members were being asked to consider the request by the Holding Trust to grant a right of way by way of a legal easement to the Police and Fire and Rescue Service.

In their capacity as Bare Trustees it was

RESOLVED:

(a)       that the request from Bromsgrove Arts Development Trust (known as the Holding Trust) to grant a right of way by Deed of Easement to West Mercia Constabulary and Hereford and Worcester Fire and Rescue Service in perpetuity be approved subject  to the following conditions:                      

1.      the receipt of a formal letter from the Operating Trust confirming that they have no objection to the proposed access;

2.      that the access be restricted to the extent that vehicles will only be able to obtain egress onto School Drive and that the easement will ensure a complete prohibition of the use of the Artrix Car Park as a form of access to the site (the Car Park is demarcated in blue on the drawing attached at appendix 1 to this report);

3.      that the easement be subject to a condition that all appropriate drainage provisions required by the works, or in order to facilitate the works or resulting from the works are enabled across the Artrix Car Park to the satisfaction of the Council and that the cost of this work is met by the Police and Fire and rescue service;

4.      that the Police and Fire and Rescue Service agree to maintain and repair the access way over the Artrix Car Park  to the satisfaction of the Council;

5.      that the Police and Fire and Rescue Service agree to the production and display of appropriate signage restricting the use of the access way in accordance with the above and that they ensure that appropriate mechanisms are in place to ensure that the restrictions are adhered to and that a suitable mechanism is introduced to ensure that all vehicular traffic can only egress from the Artrix car park and there is a complete prohibition of any access from School Drive;

6.      that the Police and Fire and Rescue Service agree to engage civil/structural engineers to detail the design and specification of the access route in consultation with the Holding Trust to ensure that the route is constructed in a way that will mitigate any vibration that may be caused by the use of fire engines;

1.      that the Police and Fire and Rescue Service agree to enter into and complete a separate legal agreement between the West Mercia Police and Hereford and Worcester Fire and Rescue Service (jointly) and with the Holding Trust to ensure the upgrade to the pedestrian access in School Drive as proposed and outlined in section 4.12 of this report) takes place to the reasonable satisfaction of the Holding Trust.  This agreement for the avoidance of doubt may also include other matters that cannot be legally covered within a Deed of Easement due to its limit as a right over property; and

2.      that the West Mercia Police and Hereford and Worcester Fire and Rescue Service jointly agree to undertake to pay all the costs reasonably incurred in connection with the preparation, negotiation and completion of all legal documentation.

(b)       that authority be delegated to the Head of Legal, Equalities and Democratic Services in consultation with the Executive Director Resources and the Portfolio Holder to: 

1.      agree the terms of the easement to the Police and Fire and Rescue Service to incorporate the conditional elements detailed in  (a) above; and

2.      approve and implement any associated legal documents relating to the establishment of the easement and variation of the lease between Bromsgrove District Council, the Holding Trust and the Operating Trust.