For official use only (date received): 16/01/2020 16:59:03

The Planning Inspectorate

COMMENTS ON CASE (Online Version)

Please note that comments about this case need to be made within the timetable. This can be found in the notification letter sent by the local planning authority or the start date letter. Comments submitted after the deadline may be considered invalid and returned to sender.

Appeal Reference: APP/X0360/W/19/3241800

DETAILS OF THE CASE

Appeal Reference APP/X0360/W/19/3241800

Appeal By HAINES HOMES CONSTRUCTION

Site Address Land to Rear of, 344 Barkham Road WOKINGHAM RG41 4DE

SENDER DETAILS

Name MR DAVID CLARKE

Address 19 Dowles Barn Close Barkham WOKINGHAM RG41 4ET

ABOUT YOUR COMMENTS

In what capacity do you wish to make representations on this case?

Appellant Agent Interested Party / Person Land Owner Rule 6 (6)

What kind of representation are you making?

Final Comments Proof of Evidence Statement Statement of Common Ground Interested Party/Person Correspondence Other

Page 1 of 4 YOUR COMMENTS ON THE CASE

Re Case APP/X0360/W/19/3241800

Orchard Grange (Wokingham) Management Company Limited are the owners of the access road ('Accessway')and the and infrastructure beyond as designated within BK469616

We have only just received the Deed of dated 4 June 2019 from Cala via their solicitors Laytons on the 9th January 2020. The lands by way of BK469616 were transferred Absolute to Orchard Grange (Wokingham) Management Company on 18th July 2019

The proposed constructor has not consulted with the members of Orchard Grange (Wokingham) Management Company Limited (OGWMC) at any time other than 10th July 2019 post protest by the members at the taking down of a section of fence and removal of shrubs on Dowles Barn Close. At this time a supposed plan of a 4 bed, 2 story dwelling was offered and rightly rejected at the initial planning application stage. The protest being that the members had no idea what was going on and what rights Haines had attained.

There is no foul water connection within the permitted connection zone that is the ‘Accessway’ coloured yellow on the plan. The members reject connection to our foul water system as it does not extend to the 'Accessway'. The proposed constructor has made a connection over private and will be requested under the covenants to remove this. The constructor needs to show how he will deal with foul water appropriately.

The Deed of Easement makes for access over the ‘Accesway’ to and from the rear of 344 but does not have a provision for parking within or obstructing the ‘Accessway’. It also does not allow for entry beyond the ‘Accessway’ during or post build. The constructor has failed in the covenant to keep vehicles off the pavement and assumes the right to park vehicles within this area. Enforceable parking restrictions will now apply within the ‘Accessway’ for the safety and convenience of the members using it. It has also been proposed to gate the development that is Orchard Grange, in respect of easement should this be installed it will be behind the access point of the property.

The fence line as currently installed will be reinstated at the legal boundary line along the ‘Accessway’ save deviation for the given line of sight to maintain the keeping of Orchard Grange. Any property built to the rear of 344 will not under any circumstances be considered part of Orchard Grange.

Traffic management will be essential during any build to ensure that construction vehicles arrive and depart the development safely without danger to legitimate traffic to Orchard Grange and on the Barkham Road. Some vehicles will have no option but to reverse into the Barkham Road. Restricted access beyond the ‘Accessway’ to future residents of any proposed property may also necessitate vehicles to reverse into the Barkham Road or park there in the first place.

5.4 of the Easement requires proof that covenants are correctly entered on titles, this has not been provided to us. Schedule 2.7 Cost of maintenance – no agreement has been made such that this can be incorporated appropriately into documents required of 5.4 This lack of communication by Haines with the members of Orchard Grange (Wokingham) Management Company Limited is quite possibly indicative of their inability to communicate with the community at large as may be borne out by other objections to this development.

This is an inappropriate development with respect to true access over assumed access and retains too many unanswered questions as to how it can work in what is a private road with financial liability to Orchard Grange (Wokingham) Management Company Limited.

The members of Orchard Grange (Wokingham) Management Company Limited should not and will not

Page 2 of 4 be forced into what the constructor wants beyond its legitimate rights.

The members of Orchard Grange oppose the Development of a 4 bedroom property as proposed and consider any construction with access via Dowles Barn Close to the rear of 344 will be beset with excessive litigation through build and to the occupiers thereafter.

The Deed of Easement will be supplied with this document. In the case that it is not received you should contact any of the representatives of the Members noted below.

Dave Clarke, Chris Soza, Dick Reed for Orchard Grange (Wokingham) Management Company Limited Registered number 09920225 Registered office: Suite No 1, Stubbings House, Henley Road, Maidenhead Berkshire SL6 6QL Company Members: Residents 1 – 19 Dowles Barn Close, 1 – 3 (odd) and 2 – 10 (even) Field Place (25 ) Members’ representatives: Dave Clarke (19), Chris Soza (6) and Dick Reed (4) DBC

Page 3 of 4 COMMENT DOCUMENTS

The documents listed below were uploaded with this form:

Relates to Section: REPRESENTATION Document Description: Your comments on the appeal. File name: Deed of Easement dated 4 June 2019 executed by Benjamin Haines (10034811....pdf

PLEASE ENSURE THAT A COPY OF THIS SHEET IS ENCLOSED WHEN POSTING THE ABOVE DOCUMENTS TO US

Page 4 of 4 DATED + aqu€ 2019

Dreo oF EASEMENT

relating to

Land at 344 Barkham Road, Wokingham RG41 4DE between

CALA MANAGEMENT LIMITED (Grantor)

and

BENJAMIN IAN HAINES (Grantee)

L3367 892v9/029537.001410 - LAYTONS Thisdeedisdated + anpF 2019 HM Land Registry LAND REGISTRATION ACTS 1925 to 2002 Grantor's Title Number: 8K469616 Administrative Area: WOKINGHAM Grantee's Title Number: 8K25936 and 8K473317 Administrative Area: WOKINGHAM

Parties

(1) CALA MANAGEMENT LIMITED incorporated and registered in England and Wales with company number SC013655 whose registered office is at Adam House 5 Mid New Cultins Edinburgh EH11 4DU (Grantor) (21 BENJAMIN IAN HAINES of 344 Barkham Road Wokingham RG41 4DE (Grantee)

BACKGROUND

(A) The Grantor owns the freehold interest in the Grantor's Property;

(B) The Grantee is the registered proprietor of that part of the Grantee's Property that is registered in title 8K25936 and is the beneficial owner of the Ransom Strip having today taken a transfer of that strip of land from Vortal Properties Limited. (c) The Grantor has agreed to grant the Rights to the Grantee for the benefit of the Grantee's Property on the terms contained in this deed.

AGREED TERMS

1. lnterpretation

The following definitions and rules of interpretation apply in this deed.

1.1 Definitions: Accessway: the roadway shown coloured yellow on the Plan and the route of the proposed driveway shown coloured green so far as it forms part of the Grantor's Property. Conduits: channels drains sewers pipes wires cables watercourses and other service conducting media

Grantee's Covenants: the covenants set out in Schedule 2.

73367 892v9 /029537.001410 - LAYTONS Grantee's Property: the property being land to the rear of 344 Barkham Road Wokingham RG41 4DE as shown edged red on the Plan and forming part of the land registered at HM Land Registry under title number BK25936 and the Ransom Strip

Grantor's Covenants: the covenants set out in Schedule 3.

Grantor's Property: the property being land on the south east of Barkham Road Wokingham and registered at HM Land Registry under title number 8K469616 referred to above and each and every part of it. Plan: the plan annexed to this deed.

Ransom Strip: the 0.5 meters strip of land between the points marked C to D on the title plan of 8K473317

Reserved Rights: the rights set out in Schedule 4.

Rights: the rights set out in Schedule 1.

VAT: value added charged under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.

Visibility Splay: that part of the Accessway as is to the southwest of the visibility splay line mapped on the Plan and being land required to provide effective sight lines for the development within the Grantee's Property.

1.2 Any reference to the Grantor or Grantee shall include that party's personal representatives, successors or permitted assigns.

1.3 Clause, Schedule and paragraph headings shall not affect the interpretation of this deed.

1.4 Except where a contrary intention appears, references to Clauses and Schedules are to the Clauses and Schedules of this deed and reference to paragraphs are to paragraphs of the relevant Schedule.

1.5 The Schedules form part of this deed and shall have effect as if set out in full in the body of this deed. Any reference to this deed includes the Schedules.

1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.

1.7 A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.

73367 892v9/029537.001410 - LAYTONS 1.8 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.9 Unless the context otheruvise requires, a reference to one gender shall include a reference to the other genders.

1.10 Unless the context othenrvise requires, words in the singular shall include the plural and in the plural include the singular.

1.11 A reference to writing or written includes fax but not email

1.12 Any obligation in this agreement on a party not to do something includes an obligation not to allow that thing to be done.

1.13 Any phrase introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Grant

2.1 ln consideration of the covenant given by the Grantee in clause 4, the Grantor with full title guarantee grants to the Grantee the Rights in fee simple for the benefit of the Grantee's Property.

2.2 The Rights are not granted exclusively to the Grantee and are granted subject to the Reserved Rights and any other rights in relation to the Grantor's Property whether or not referred to in this deed.

3. Grantor's covenants

The Grantor covenants with the Grantee so as to bind the Grantor's Property into whoever's hands it may come, for the benefit of the Grantee's Property, that the Grantor and its successors in title shall at all times observe and perform the Grantor's Covenants.

4. Grantee's covenants

The Grantee covenants with the Grantor so as to bind the Grantee's Property into whoever's hands it may come, for the benefit of the Grantor's Property, that the Grantee, its successors in title and anyone authorised by any of them to exercise the Rights shall at all times observe and perform the Grantee's Covenants.

5. HM Land Registry

5.1 The Grantor consents to notice of the Rights and of any restrictive covenants made in this deed by the Grantor being noted against the Grantor's registered title to the Grantor's Property.

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r6$oJo/ I r 5.2 The Grantee consents to notice of the Reserved Rights and of any restrictive covenants made in this deed by the Grantee being noted against the Grantee's registered title to the Grantee's Property.

5.3 On completion of this deed the Grantee shall: (a) apply to HM Land Registry to note the Rights and any restrictive covenants against the Grantor's registered title. (b) apply to HM Land Registry to enter a notice of any restrictive covenants made by the Grantee in this deed against the registered title to the Grantee's Property and to enter the Rights in the Property register of the Grantee's title as appurtenant rights. (c) Apply to HM Land Registry to register a restriction against the Grantee's Property in the following form: "No transfer, lease or assent of the registered estate is to be registered without a certificate signed by a conveyancer that the provisions of paragraph 5 of Schedule 2 of a Deed of Easement dated I b-T rep€ | 2019 and made between (1)CALA Management Limited and (2) Benjamin lan Haines have been complied with"

5.4 As soon as possible after completion of this deed the Grantee shall give to the Grantor official copies of the registered title to the Grantor's Property and the Grantee's Property, to show that the Rights and any restrictive covenants made by the Grantor and/or the Grantee have been properly and correctly entered against the respective titles.

6. Reservation of rights

The Grantor reserves to itself the Reserved Rights

7 lndemnity

The Grantee shall indemnify the Grantor and keep the Grantor indemnified against all liabilities, costs, expenses, damages and losses suffered or incurred by the Grantor arising out of or in connection with: (a) any breach of any of the Grantee's Covenants; (b) any breach of the terms of this deed; and (c) the exercise of the Rights

by the Grantee, its successors in title or by any occupier of the Grantee's Property, or by an employee or invitee of the Grantee, or by any other person who is allowed or permitted by the Grantee or its successors in title to exercise the Rights.

13361 892v9/O29537.001410 - LAYTONS 8. Joint and several liability

8.1 Where the Grantor comprises more than one person, those persons shall be jointly and severally liable for the obligations and liabilities of the Grantor arising under this deed. The Grantee may take action against, or release or compromise the liability of, or grant time or other indulgence to any one of those persons without affecting the liability of any other of them.

8.2 Where the Grantee comprises more than one person, those persons shall be jointly and severally liable for the obligations and liabilities of the Grantee arising under this deed. The Grantor may take action against, or release or compromise the liability of, or grant time or other indulgence to, any one of those persons without affecting the liability of any other of them.

8.3 The Grantor is not liable for the death of, or injury to the Grantee or for damage to any property of theirs, or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by them in the exercise of the Rights.

8.4 The Grantor shall not be liable to the Grantee for any failure of the Grantor to comply with the Grantor's covenants in Schedule 3 unless and until the Grantee has given to the Grantor written notice of the facts that give rise to the failure and the Grantor has not remedied the failure within a reasonable time.

9. VAT

9.1 All sums payable by the Grantee are exclusive of any VAT that may be chargeable. The Grantee shall pay VAT in respect of all taxable supplies made to it in connection with this deed on the due date for making any payment or, if earlier, the date on which that supply is made for VAT purposes.

9.2 Every obligation on the Grantee, under or in connection with this deed, to pay the Grantor any sum by way of a contribution, refund or indemnity, shall include an obligation to pay an amount equal to any VAT incurred on that sum by the Grantor, except to the extent that the Grantor obtains credit for such VAT under the Value Added Tax Act 1994.

9.3 The Grantee shall not be required to make any payment of VAT unless and until the Grantor provides the Grantee with a valid VAT invoice addressed to the Grantee.

10. Third party rights

A person who is not a party to this deed shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this deed.

L3367 892v9 /029537.001410 - LAYTONS 11. Governing law

This deed and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this deed or its subject matter or formation (including non-contractual disputes or claims).

This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.

L3367 892v9/o29537.001410 - LAYTONS Schedule 1 The Rights

L3367 892v9/029537.001410 - LAYTONS 1 The non-exclusive right for the Grantee and its successors in title and those authorised by it or them in common with the Grantor and all others having the same or similar rights

(i) to pass with or without vehicles (but on foot only over any footpaths) over and along the Accessway at all times for the purpose of gaining access to and egress from a single private residential dwellinghouse to be constructed on the Grantee's Property (and for the avoidance of doubt this Right shall not be exercisable to gain access to or egress from more than one residential building on the Grantee's Property).

(ii) the right, following the failure of the Grantor to comply with its obligation in paragraph 2 of Schedule 3 and after giving reasonable prior notice to the Grantor, to enter the Visibility Splay and the parts of the Grantor's Property which immediately adjoin the Visibility Splay for the purpose of cutting back any vegetation which has grown above a height of 0.6m which exceed 0.6m or remove any other item which exceeds 0.6m in height and interferes with the line of vision across the Visibility Splay PROVIDED THAT, any street furniture already in existence at the date of this agreement shall not be removed from the Grantor's Property

(iii) the right, subject to first obtaining all necessary planning consents and approvals from the local highways authority in relation thereto, to lay a driveway on the land coloured green on the Plan so as to connect into that part of the Accessway coloured yellow on the Plan and to construct and connect into foul drainage and surface water drainage Conduits within the Accessway, subject to:

causing as little damage and inconvenience as reasonably practicable to the Grantor's Property and any parties enjoying rights of way over the Accessway;

il not interrupting access over the Accessway or interrupting any services serving other premises other than only minor temporary interruptions (whilst such works are being undertaken) that do not cause material inconvenience to parties enjoying rights of way over the Accesway and/or rights to use services within the Accessway;

ilt. making good any damage caused to the Grantor's Property promptly and to the reasonable satisfaction of.the Grantor and compensating the Grantor for any damage incapable of being made good;

IV such Conduits having sufficient capacity for the passage and running of services so as not to overload them (in the opinion of the statutory undertaker);

obtaining the consent of the relevant service provide(s) prior to laying and making connections to Conduits;

L3367 892v9/O29537.001410 - LAYTONS VI exercising such rights at reasonable times and giving reasonable prior notice to the Grantor of its intention to commence works to lay the driveway over the land coloured green on the Plan, and/or as the case may be to lay, construct and connect into the foul drainage and surface water drainage Conduits and providing them with reasonable detail of the works to be undertaken; and

vii. Carrying out the works in a good and workmanlike manner.

(iv) the right to use the foul drainage and surface water drainage Conduits now or in the future within the Accessway subject to capacity.

t3367 892v9/029537.001410 - LAYTONS Schedule 2 Grantee's covenants

The Grantee shall:

1 Statutory requirements

Comply with all laws governing the exercise of the Rights.

2. Damage

Not cause any damage to the Grantor's Property, or to any property of the owners or occupiers of the Grantor's Property, and shall as soon as possible make good any damage caused to the Grantor's reasonable satisfaction and pay full compensation to the Grantor in respect of any damage caused that is not made good and any loss caused to the Grantor due to such damage.

3. Nuisance

Not cause any nuisance, annoyance or disturbance to the Grantor or occupiers of the Grantor's Property, or of any neighbouring land or of any land owned by the Grantor, or to any other person entitled to the Rights in common with the Grantee and not to interrupt any sight lines required for the ongoing use of the Accessway as a vehicular and residential accessway.

4. Use

Not to construct any building or structure on the Grantee's Property other than a single private dwellinghouse with usual outbuildings including as the case may be garage or carport.

5. Transfer

Not to transfer, lease or assent any part of the Grantee's Property without first procuring that any disponee shall have first entered into a deed of covenant with the registered proprietor for the time being of the Accessway and the Grantor's Property (in a form approved by the registered proprietor for the time being of the Accessway and the Grantor's Property) to observe and perform the covenants and obligations on the part of the Grantee as set out in this Deed as if such disponee had been the party named as Grantee in this Deed.

6. Obstruction or waste

Not obstruct the Accessway or deposit any waste, rubbish, soil or other material on any part of the Grantor's Property or in any other way interfere with, or disturb, the exercise of the same Rights or similar rights by any other person authorised by the

Grantor .

13367 892v9/029537.001410 - LAYTONS 7. Gost of Maintenance

Pay to the Grantor on written demand a fair and reasonable proportion according to use of all costs properly incurred in keeping the Accessway and any Conduits used in common in good repair and condition, maintained, renewed insured and lit as appropriate together with all costs incurred by the owner for the time being of the Accessway to keep the Visibility Splay clear and free of vegetation which exceeds a height of 0.6m and other items that exceed 0.6m in height.

8. Costs in the event of breach

Pay to the Grantor on written demand all costs incurred by the Grantor (on an indemnity basis) in complying with any of the Grantee's Covenants if the Grantee has failed to comply with them, provided that the Grantor has first served on the Grantee written notice of the breach and the Grantee has failed to rectify the breach within 30 days of service of that notice.

L3367 892v9/029537.001410 - LAYTONS Schedule 3 Grantor's covenants

The Grantor shall

1. lnterference with Rights

Subject to the Reserved Rights, not to obstruct, interrupt or interfere with the exercise of the Rights by the Grantee.

2. Line of Vision

Not to place any items above a height of 0.6m or permit any vegetation to grow above a height of 0.6m on the Visibility Splay

3. Repair

Keep the Accessway in good repair and condition subject to the Grantee complying with its obligation in Schedule2paragraphT.

L3367 892v9/O29537.001410 - LAYTONS Schedule 4 Reserved Rights

The Grantor reserves the following rights for itself, its successors in title and all other persons authorised by it to benefit from the same:

1. Right to carry out Grantee's obligations

The right to enter onto the Accessway at any time to carry out any obligation of the Grantee contained in this deed provided that in so doing the Grantor will cause as little interference as is reasonably practicable to the exercise of the Rights by the Grantee.

2. Right to repair the Grantor's Property

The right to enter onto the Accessway at any time to repair, maintain or replace any services, structures or facilities on any part of the Grantor's Property provided that in so doing the Grantor will cause as little interference as is reasonably practicable to the exercise of the Rights by the Grantee.

3. Right to build on the Grantor's Property

The right to use any part of the Grantor's Property as the Grantor thinks fit, or to build on or develop any part of the Grantor's Property or any neighbouring land or any land owned by the Grantor, provided that such use or works do not materially interfere with, or obstruct, the exercise of the Rights by the Grantee.

4. Accessway

The right to use the Accessway and the Visibility Splay in such manner as the Grantor deems appropriate provided that such does not materially interfere with the Grantee's exercise of the Rights.

5. Temporary lnterference

The right to temporarily obstruct, interrupt or interfere with the exercise of the Rights by the Grantee, for any purpose in connection with the Grantor's Property or any neighbouring land or any land owned by the Grantor (including (without limitation) in connection with the other Reserved Rights), the period of such temporary obstruction and/or interruption and/or interference being minimised as much as reasonably practicable.

6. Street Furniture

The right to retain any street furniture already in existence at the date of this agreement on the Grantor's Property.

13367 892v9 /029537.001410 - LAYTONS EXECUTED as a DEED by )

CALA MANAGEMENT LIMITED ) Signatory acting by two signatories pursuant ) to a power of attorney ) dated t l ) in the presence of: ) Signatory

Signature of Witness:

Name (in BLOCK CAPITALS):

Address

Signed as a deed by BENJAMIN IAN HAINES in the presence of: ISIGNATURE OF Granteel

W

I = Signature T N E Name S -'")j,{ Cr..i,- tNGRAM L.L.p S , . .Ax. . l':,9LlGt.TOpg. .. .;.'.' ';ffi':.r

13367 892v9/029s37.001410 - LAYTONS