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 common land and infrastructure beyond as designated within BK469616 We have only just received the Deed of Easement dated 4 June 2019 from Cala via their solicitors Laytons on the 9th January 2020. The lands by way of BK469616 were transferred Title 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 property 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 properties) 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 tax 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.