Issue - decisions

Small-Scale Care Facility - Variation of Restrictive Covenant

02/07/2020 - Small-Scale Care Facility - Variation of Restrictive Covenant

  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.