Policy to deal with drains and access drives crossing the village green. (Including any land forming part of Title No NYK 405366)

Stillingfleet Parish Council is the registered owner of the village green, which is managed under a Natural England Higher Level Stewardship Scheme. The Parish Council is keen to enhance the quality of the village green and to prevent it suffering from damage and pollution. The attached plan shows the extent of the land owned by the Parish Council.

The Parish Council must therefore deal with issues relating to the domestic drains and sewers which lie under the green and which discharge treated effluent and surface water into the beck. It must also deal with those wishing to lay new drains under the green.

The Parish Council is also involved with the access drives that cross parts of the green to connect abutting properties with the public highway and with those wishing to construct new access drives over the green.

The Parish Council has therefore decided to set out its policy relating to drains and access drives as a reference for residents and developers and to ensure that its decisions are fair and consistent.

Drains

  1. EXISTING BUT UNAUTHORISED DRAINS: (Current arrangements to continue). Those with existing drains will not be affected providing they maintain their drains (and any manholes) in good working order. However, they will be expected to comply with the provisions laid down by the Parish Council (see 2 below) when seeking consent to renew or repair their drains. Those with unauthorised shallow drains and manholes which are susceptible to damage from agricultural machinery will be responsible for their repair if any damage occurs.
  2. EXISTING BUT UNAUTHORISED DRAINS: (Those wanting a formal Deed of Easement). Those with existing drains who want a written grant of easement must apply to the Parish Council. A Deed of Easement will then be granted on the Council’s usual terms (relating to depth, construction & maintenance of pipes and manholes). The grant will be limited to the properties served by the drains. The grant will be subject to the applicant paying the Council’s legal and surveyors costs, complying with the provisions of the Stewardship Scheme and obtaining the consent of the local drainage board and Environment Agency and all other relevant authorities. (The surveyor to prepare a plan and to check the size and depth of the existing pipe and for any connections from other properties into the existing pipes)
  1. EXISTING BUT UNAUTHORISED DRAINS: (Where the current drainage use is to be intensified by the development of the property or by the connection of other properties into the existing drains).
    • The development must follow the guidelines set out in the Village Design Statement and the Stillingfleet Conservation Area policy.
    • If approved by the Parish Council, the applicant shall enter into a Deed of Easement on the usual terms set out in clause 2 above.
    • If the development involves a change of use or a significant intensification of the existing use, a fee as set out in the schedule below shall be charged.
  1. NO DRAINS: (Those without any existing drains). Those wishing to construct a new drain across the Village green shall be allowed to do so on the following terms:
  • Any new development must be approved by the Parish Council
  • Any proposed development must follow the guidelines set out in the Village Design Statement and the Stillingfleet Conservation Area policy.
  • .If approved by the Parish Council, the applicant shall enter into a Deed of Easement on terms as set out in clause 2. above.
  • In consideration for the grant a fee as set out in the schedule below shall be charged.
  • The grant will be limited to the number of dwellings proposing to use the new drain.

SCHEDULE OF CHARGES.

  • The fee to be charged for works carried out under clauses 3 and 4 above shall be £3500 per house for works begun in 2014.
  • The sum of £3500 per house, for any subsequent applications, shall be increased annually (From August 2015) by the amount of  the increase in the Retail Price Index.

(The level of fees has been determined for the Parish Council by professional valuation).

Drives

Policy to deal with access drives passing over the green (Including any land forming part of Title No. NYK 405366)

  1. EXISTING ACCESS DRIVE: (Current arrangements to continue). Those with existing drives will not be affected.
  1. EXISTING ACCESS DRIVE: (Owner seeking a formal deed for an existing access drive but no additional dwelling). Those with existing drives who want a formal deed of grant of easement must apply to the Parish Council. An easement will then be granted in terms approved by the Parish Council subject to the applicant meeting the Council’s legal and surveyors costs for the preparation of the Deed.
  1. EXISTING ACCESS DRIVE: (Owner seeking to increase the number of dwellings using the drive and wanting a formal deed for the new drive). Those seeking to increase the use of an existing drive because of additional development  shall, if the proposal is accepted by the Parish Council, be granted an easement on the following terms:
    • They shall enter into a Deed of Easement in terms approved by the Parish Council subject to the applicant meeting the Council’s legal and surveyors costs for the preparation of the Deed.
    • The development must follow the guidelines set out in the Village Design Statement and the Stillingfleet Conservation policy.
    • They shall pay a fee amounting to £3,500 per house if the work is commenced in 2014.  The sum of £3,500 per house shall be increased annually for any subsequent development (from 1st August 2015) in accordance with the annual increase in the RPI.
  1. NO ACCESS DRIVE: (Owner wishing to construct a new access drive over the green) Those wishing to construct a new access way across any part of the green or widen an existing drive shall, if the proposal is approved by the Parish Council, be allowed to do so on the following terms:
    • They shall enter into a Deed of Easement in terms approved by the Parish Council subject to the applicant meeting the Council’s legal and surveyors costs for the preparation of the Deed.
    • They shall pay a fee amounting to £ 3,500. per house if the work is commenced in 2014. The sum of £ 3,500. per house shall be increased annually for any subsequent development (From August 2015) in accordance with the annual increase in the RPI.
    • The development (if any) must follow the guidelines set out in the Village Design Statement and the Stillingfleet Conservation policy.