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Commercial Wayleave Review

Report of Heritage.


N.B.: This report has a companion report on the Non-Public agenda at Item 27.


The Committee considered a report of the Superintendent of Epping Forest relative to the Commercial Wayleave Review.


A Member commented that he welcomed the report and agreed with most of the points within it. He stated, however, that whilst rateable value was a good approximation, it was not necessarily the full picture. He went on to state that rateable values were reviewed every 5 years and suggested that this same approach should be used here as opposed to using the Uniform Business Rate (UBR) multiplier..


The Member went on to suggest that, if there was to be a substantial increase, discussions around phasing these increases in could be undertaken. He noted, however, that statutory undertakers sometimes dictated what they would pay and would not negotiate. He also urged some analysis of what other Committees were doing in this area to ensure consistency in so far as possible.


A Verderer questioned whether a one charge fits all approach was correct or if each case should be looked at individually.


The Superintendent thanked Members for their contributions and agreed that it seemed sensible to go by a 5 year re-evaluation of rateable value as opposed to the UBR. He confirmed that residential cases had now been completed with commercial cases now being determined around the proposed hybrid model. Issues around services wayleaves would then be addressed.


The Superintendent went on to report that legal advice would need o be sought on hand gate matters before taking the matter forward.


RESOLVED – That, Members:


i.              Approve the new commercial wayleave fees immediately based on rateable value (5 yearly reviewable), applying further increases by Committee approval using a recognised multiplier formula;

ii.             Tender a valuation contract with external valuers to value and negotiate the remaining wayleave agreements; and

iii.            Instruct the Comptroller and City Solicitor to assist in completing the necessary wayleave agreements. 


Supporting documents:


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