Residents may be aware that Elmbridge Eagles Rugby Club are currently playing at Old Cranleighan Sports Club, Thames Ditton. For many years, the club has been unable to use its site at Oaken Lane, Claygate due to the presence of 52 tonnes of soil, which not only rendered the pitch unusable but was also deposited in breach of planning permission, Environment Agency permission and freeholder consent from Elmbridge Borough Council.
In 2016 Planning permission was granted (Planning app 2016/2040) to upgrade the pitches. Part of the upgrade work required the import of soil on to the site. Instead of the permitted amount, over 52 tonnes of soil was brought to site - many tonnes in excess of the permission granted and there it remains making the pitch unplayable.
Although the council did not cause the problem, we have committed substantial time and resources to identifying a solution.
In a final attempt to bring this situation to a conclusion after many years and much effort and resource, Elmbridge Borough Council has served a forfeiture notice on the tenants. The notice gives the tenants a reasonable period to remedy the breaches; we consider approximately 12 months to be reasonable in the circumstances.
Tenants given opportunity to remedy the situation
We are committed to sports development in the borough. Working with grass roots clubs, we provide funding, as well as support to grow membership, increase physical activity and improve sporting facilities. Elmbridge Eagles Rugby Club is no exception.
We have been working closely with the Club for a number of years to support their growth and strategic position as a Rugby League club in the Southeast. However, the tenants have been in breach of their lease for an extended period, not only due to the unauthorised dumping of approximately 52 tonnes of material on the site, but also through their failure to maintain the clubhouse. As a result of prolonged neglect and lack of essential repairs, the building is now in a state of disrepair and no longer suitable for use.
Despite repeated efforts to resolve the ongoing issues at Oaken Lane, Claygate, the matter remains unresolved. As a result, the council has no alternative but to serve a forfeiture notice on the tenants. This notice sets out the alleged breaches of the lease and provide the tenants with an opportunity to remedy those breaches before any further steps are taken to terminate the lease.
While this matter is not of the council’s making, from the outset we have sought to find the best solution for both the Elmbridge Eagles, the council and our residents. It is unfortunate that, after many years, we find ourselves in the position of issuing this forfeiture notice. However, we do not consider it financially responsible, or fair to our council taxpayers, to spend significant funds resolving issues that were not of our making. Regrettably, we are left with little alternative.
We remain committed to supporting the Elmbridge Eagles Rugby Club, including assisting with any funding applications they wish to pursue, such as national sports funding and bids to the Community Infrastructure Levy and any alternative grounds they want to consider.
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