Decision details

The Cabinet Member is requested to authorise the sale of Area F1, Kings Hill.

The Land known as Area F1 lies adjacent to the Kings Hill development but outside of the Partnership’s ownership, however KCC through the Kings Hill Partnership owns and controls the land required to access the development area, this area totals 180m² and forms the sole access to F1.

The Kings Hill Development Partnership has anticipated the development of the F1 site for over 12 years and has accordingly made provisions for it in terms of the necessary infrastructure and services.  The land owner of Area F1 has now selected a housebuilder to take forward a consented residential scheme for the site, planning reference TM/13/00910/RM.  

The sale of access and service rights across KCC land is required in order to enable the scheme to progress. The process for negotiating access rights to neighbouring developments is set out in case law such as Stokes v Cambridge 1961, however each agreement is unique with a number of factors to be taken into consideration. The negotiated access payment recognises the enhancement in value that the wider Kings Hill development has brought to the F1 land. The figure is considered to demonstrate Best Consideration within s123 of the Local Government Act.

The Cabinet Member for Corporate and Democratic services has agreed the sale of access and service rights to Area F1 across land owned by Kent County Council at Kings Hill and delegate authority to the Director of Property and Infrastructure Support to enter into all necessary related contracts and agreements on behalf of Kent County Council.