Decision details

Small-Scale Care Facility - Variation of Restrictive Covenant

Decision Maker: Housing & Community Services Portfolio Holder

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: Yes

Decision:

  1. That an agreement is entered into between the freeholder / owner of 30 Buxton Road, Waltham Abbey and the Council, varying the restrictive covenant to grant permission for either its current use or as a small-scale care facility (Children’s Home), rather than releasing the covenant in full, ensuring that the Council maintains control over any future changes of use to the property; subject to the following conditions being met:

 

(a)   That the agreement includes conditions to ensure that occupiers do not cause any general management problems including anti-social behaviour, or excessive noise nuisance, or that their occupation does not create excessive parking problems in the area;

 

(b)   That the agreement be terminated if there are any justified complaints from the local community;

 

(c)   That the Council’s reasonable legal and management fees relating to the execution of the agreement are met by the owner;

 

(d)   That Planning Permission is granted for use as a small-scale care facility.

 

(e)   That the Director of Property & Housing is satisfied that the small-scale care facility has the relevant licences in place related to its operation.

 

(f)     That the Director of Housing has no reasons why the Council should not vary the covenant.

 

Publication date: 02/07/2020

Date of decision: 01/07/2020

Effective from: 10/07/2020

Accompanying Documents: