Status of play area opposite Linwood, Winsford

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 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:

o Whether these areas have been transferred to the Council
o If not, why not
o 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 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

show quoted sections