Many thanks Al,
The property was built in 1983 and the deeds do appear to cover the right to maintain/replace the soakaway (see below), I guess my main question is whether the local council have the right to charge an easement fee for granting access for this.
Except from the title deeds:
The FIRST SCHEDULE above referred to
Rights granted to the Transferee by this Transfer
1. THE right to lateral support from the building on any adjoining part of the estate.
2. THE right to maintain roofs, eaves, gutters and pipes overhanging any adjoining part of the estate.
3. THE free passage and running of water, soil, gas, fuel, and electricity through all conducting media now or at any time hereafter within the Perpetuity Period to be laid or constructed on any other part of the estate (so far as the Transferor has the power to grant the same), together with the right to enter any other part of the estate for the purpose of connecting to, inspecting, cleansing, repairing or renewing the said connecting media the person exercising such rights doing no unnecessary damage and making good any damage thereby caused and paying a due proportion of the cost of maintaining such conducting media intended to be used in common.
Elsewhere in the deeds it defines the estate as the original site which includes the parkland in question and defines the perpetuity period as 80 years from 1979.
Many thanks and regards