Dear Sir or Madam,

I would like to know if the play area opposite Linwood, Winsford
has been transferred to Vale Royal Borough Council.

If it has been transferred to Vale Royal Borough Council I would
like to know the date it was transferred.

If it has not been transferred and still remains the property of
the developer I would like a copy of any documentation relating to
any planning enforcement undertaken by Vale Royal Borough Council
as a result of a breach of the terms of the section 106 agreement
by the developer.

If no planning enforcement has been undertaken by Vale Royal
Borough Council I would like a copy of any documentation that may
explain why.

Yours faithfully,

Trevor R Nunn

Dear Clarke, Sue,

Vale Royal Borough Council are now in breach of the law.

If I do not receive an adequate response to my Freedom of
Information request within the next 5 days I will submit a
complaint to the Information Commissioner.

Yours sincerely,

Trevor Nunn

Dear Mr Nunn

FREEDOM OF INFORMATION ACT 2000

FOI14082008-115 Request for information regarding the play area opposite Linwood

FOI14082008-116 Request for information regarding the open space adjacent to Firtree Close

FOI14082008-117 Request for information regarding grounds maintenance

Further to our recent correspondence, I am writing to advise you that the Council's files are now being returned by the Ombudsman and will be examined by our officers to enable them to respond to your Section 106 queries. I will continue to keep you informed of the Council's progress.

Yours sincerely

Sue Clarke
Customer Relationship Officer
for Anne Bingham-Holmes, Chief Executive

Tel 01606 867505
Fax 01606 867514
E-mail [email address]

(Please note the Council now has a new Textphone: 01606 867670)

http://www.valeroyal.gov.uk

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Dear Clarke, Sue,

I don't see how my complaint to the Ombudsman about a different
issue has any bearing on my recent Freedom of Information requests.

Yours sincerely,

Trevor R Nunn

Dear Mr Nunn

FREEDOM OF INFORMATION ACT 2000
FOI14082008-115 Request for information regarding the play area opposite Linwood
FOI14082008-116 Request for information regarding the open space adjacent to Firtree Close
FOI14082008-117 Request for information regarding grounds maintenance

Thank you for your email below.

In order to assist the Ombudsman in her investigation of your complaint, the Council forwarded the files its Legal Team still held in respect of the Mulberry and Barratt Homes developments and these files contained information which would assist us in responding to your requests.

The files have now been returned and are being examined. I will continue to keep you informed of our progress, as promised.

Yours sincerely

Sue Clarke
Customer Relationship Officer
for Anne Bingham-Holmes, Chief Executive

Tel 01606 867505
Fax 01606 867514
E-mail [email address]

(Please note the Council now has a new Textphone: 01606 867670)

http://www.valeroyal.gov.uk

show quoted sections

Dear Mr Nunn

FREEDOM OF INFORMATION ACT 2000

FOI14082008-115 Request for information regarding the play area opposite Linwood

FOI14082008-116 Request for information regarding the open space adjacent to Firtree Close

FOI14082008-117 Request for information regarding grounds maintenance

I refer to our recent correspondence regarding your Freedom of Information requests above.

Firstly, may I apologise once more for the delay in being able to answer your questions fully. As I explained in my earlier emails, the Council needed to undertake a land search to establish the current ownership of the public open space/play area your requests referred to. We also needed to consult our Legal Section's files on the Mulberry/Barratt developments for any relevant information and these were, until recently, being held by the Local Government Ombudsman.

With regard to your first two requests, as referenced above, you have referred to the play area opposite Linwood and the public open space adjacent to Firtree Close (subject of permission no. 4/34178) and have asked:

* Whether these areas have been transferred to the Council
* If not, why not
* Whether the Council has in the past taken any action in respect of breach of the Section 106 agreement

A search of HM Land Registry reveals that the open space/play area to which the Council believes you are referring remains in the ownership of the developer, BDW Trading Ltd (formerly Barratt Homes Ltd).

The Council's officers can find no documents which may explain why the open space/play area have not been transferred to the Council. As the officers dealing with public open space, play areas and agreements in the late 1990s early 2000 are no longer with this Authority we are unable to give a definitive answer.

Condition no. 9 on the planning permission required: "The dwellings on plot nos 58 and 67 shall not be brought into occupation until the adjacent area of open space has been constructed equipped and landscaped in accordance with the approved landscaping scheme, and that area shall not thereafter be used for any purpose other than public open space". As far as the Council's Legal officers can ascertain this condition was complied with. The Section 106 agreement only additionally required transfer of the public open space and satisfactory maintenance for 12 months thereafter by the developer and a contribution to the Council for general maintenance in the event that the area was transferred. Our officers are not aware that any action has been taken in respect of the public open space requirements in the Section 106 agreement and no documents exist to indicate that any action has been taken in the past.

Whilst the Council does have the power to enforce any obligations that have not been complied with in a Section 106 agreement it must consider whether it is expedient to do so in the public interest. The Council would not take a transfer of the public open space unless it met with the Council's standards for adoption.

The situation as at today is that we believe the public open space is being maintained satisfactorily by the developer and, as far as we are aware, the Council has not received any complaints regarding the standard of this maintenance. If the developer approached the Council with a view to adoption then the Council would consider this on the basis of consultation with the community involved. The play equipment on the play area opposite Linwood has recently been damaged and is not in a state suitable for adoption by the Council. The Council has contacted the developer to make the company aware of the damage.

In order to pursue adoption the Council would: firstly, consider whether it has the backing of the local community to adopt this area as a suitable play area via public consultation; and would secondly, either require the developer to bring the play equipment up to standard or need to spend a considerable amount of money to bring it up to standard.

It would be inexpedient to enforce the Section 106 agreement now for the above reasons; the parties to it are not currently in a position to agree to a transfer.

In respect of the questions in your third request, as referenced above, I would refer you to my email of 16 September when I advised you that the Council's Streetcare operatives had not cut the grass on the verge, open space and play area between Firtree Close and Linwood. As I explained, a private contractor had been observed in the area, and whilst the Council does not know who that contractor is, the land in question is still owned by the developer.

I hope the above information is useful and has helped to clarify matters for you. Please do not hesitate to come back to me if I can be of any further assistance.

Yours sincerely

Sue Clarke
Customer Relationship Officer
for Anne Bingham-Holmes, Chief Executive

Tel 01606 867505
Fax 01606 867514
E-mail [email address]

(Please note the Council now has a new Textphone: 01606 867670)

http://www.valeroyal.gov.uk

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Dear Clarke, Sue,

Thanks for the information provided but your response does confuse
me. Therefore, I would like confirmation that my understanding of
what you say is correct. Are you now saying that the play area and
open space which are the subject of section 106 agreements on both
phase three (Barratt) and phase 2 (Mulberry) and thought of
essential by VRBC for planning permission to be granted to both
developers now needs a public consultation in order to allow VRBC
to adopt the areas in question. But this can't be done at the
moment because of recent damage to some of the equipment on the
play area?

For the record some of the play equipment has been damaged for at
least five years.

Yours sincerely,

Trevor R Nunn

Dear Mr Nunn

With reference to your email below, I am sorry if you feel confused. However, the Council has made every effort to answer your questions clearly and in detail; indeed, I believe we have given a much fuller response than required. There is therefore nothing I can add to make our response any clearer.

I would, however, emphasise that the answers given were in respect of particular pieces of land as specified in your requests.

Yours sincerely

Sue Clarke
Customer Relationship Officer
for Anne Bingham-Holmes, Chief Executive

Tel 01606 867505
Fax 01606 867514
E-mail [email address]

(Please note the Council now has a new Textphone: 01606 867670)

http://www.valeroyal.gov.uk

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