Local residents have raised a number of issues with the local councillors, who have taken these up with council officers. These queries and concerns cover the council’s role of both landowner and planning authority.  We wish to thank residents very much for bringing these queries and concerns to our attention.

The council officer’s reply has very helpfully separated out the various issues and addressed them as follows:

Lease issues

The Council granted the tenant (the MCWAS) a building agreement under which they have the right to occupy the land to carry out the agreed works consented by the planning consent C2008/60587/FUl dated 18 October 2010 and for which Building Control Approval was given on 9 December 2011.  Upon the satisfactory completion of these works the tenant will then be granted a 125 year lease of the property, in accordance with the agreed draft of the lease attached to the building agreement. This explains the current position of the MCWAS not having a lease.

The method was chosen to firstly ensure the tenant carried out the works to the building before they were granted a new lease and secondly to give the Council as landlord control over what works they carried out and to what standard.

The works to the front of the site were not part of the original planning consent and so are not covered by the building agreement.  A letter was sent to the tenants last Friday, 11th May, instructing them to stop carrying out any works which have not been approved. Confirmation was provided by the tenants this week that they have stopped the non-compliant works and Asset Management officers have arranged to carry out a site inspection.

The Council as landowner can only deal with matters on the property it owns.  Therefore the works taking place at 82 Ruskin Road are not within the Council’s control.  The Council officers will however be investigating whether the owners or occupiers of this property intend to have access across the Council’s land at 80 Ruskin Road (Wentworth Hall); the officers will need to authorise this if they see fit to do so as the Council’s consent is required as the landowner.

If the tenants apply for planning consent for their additional works, the Council as landowner should be guided by planning’s determination of the planning matters, in considering the grant of its consent.       

Freedom of Information Act:

The legal advice received recently is that copies of the lease can be released to residents with all the confidential parts blanked out. Alex Fitzgerald (a council officer) has written to at least one resident to advise him that a redacted copy of both the building agreement and draft lease will be released to the resident.

Planning:

The Council as planning authority will and are taking the necessary action to ensure compliance with Planning legislation and regulations.  The tenants will need to submit plans of their proposals in order to seek planning consent for their additional works.