Local developments
Wyke Road, Application 20/P0945
Residents and members may already be aware that planning approval has recently been granted for two blocks of flats on the narrow strip of land next to the railway embankment, in Wyke Road, opposite Langham Court. This is despite the fact that this area of Wyke Road has designation as a Site of Importance for Nature Conservation (SINC).
However, Network Rail has a general covenant over all land within 1.5m of the boundary with its railway land. This prevents buildings being erected in this strip and gives Network Rail rights of access over it.
There is concern locally that the footprint of the proposed buildings in Wyke Road would breach this covenant. Following some correspondence between various parties concerned over this potential breach, James Sachon of Network Rail emailed Stephen Hammond MP and Councillor Adam Bush, as follows:
Date: 9 February 2021
Subject: Re: Wyke Road Planning Application 20/P0945
Further to my email on Monday, I wanted to provide you with an update on our position.
We have today written to the developer to formally refuse their request to amend or release the restrictive covenants. If the developer chooses to build to the existing planning permission, then it will be in breach of the restrictive covenant and they will be exposed to legal remedies.
We are still happy to have a meeting tomorrow if you feel appropriate, but our position on this remains very clear that we will not allow the developer to amend the restrictive covenants which the current planning permission breaches.
I look forward to hearing from you.
Kind regards,
James