South Cambridgeshire District Council ARE THEIR PLANS RIGHT FOR YOU?

South Cambridgeshire District Council have published a draft plan for the next five years to make sure they’re focusing on what matters to South Cambridgeshire communities – but they need residents’ views to make sure we’re getting it right.

Please lets all complete the survey and tell them what we think.

You can find the corporate plan here:
http://www.scambs.gov.uk/documents/retrieve.htm?pk_document=910952

and the survey is here;
https://www.surveymonkey.com/s/ThreeAs2012

Letters of complaint

Here are complaint letters to send to Wimpey, Barratt and Persimmon. We have drafted them out so that all you need to do is print them out and write your name and address in the top right hand corner and sign it.

If you could then send it and copies of it either electronically or physically to all of the people listed below that would be appreciated too. You will find all the address details in the contact area of this website.

Barratt_letter

Persimmon_letter

Wimpey_letter

Rt Hon Andrew Lansley, MP Secretary of State for Health

lansleya@parliament.uk

Councillor Shona Johnson, Cambridgeshire CC
shona.johnstone@cambridgeshire.gov.uk

Councillor Alex Riley, South Cambridgeshire DC
alex@alexrileywines.co.uk

Mrs Pauline Haywood, Clerk Longstanton PC
lpcclerk@btconnect.com

Anglian Water
custservice@anglianwater.co.uk

Your solicitor

Home farm forum
home@homefarmforum.co.uk

Open email from Cllr Alex Riley

I’m sending this email to all the residents of Home Farm whose email addresses I have. Apologies to those of you who live on the Persimmon development, because it doesn’t affect you.

There are many serious problems with the way this estate has been developed, but the one which generates most emails to me is that of the roads which have not been made up by the developers. I have promised several of you that I would reply to your enquiries and I thought it useful to copy that reply more widely.

It is my view that this is a relatively straightforward problem to resolve. Here’s why.

The “spine roads” have not been made up, though cul-de-sacs have. The ostensible reason for this is that the developers had contracted with Coftons to do this work and Coftons are now in administration. The developers appear to be using this as a reason for delaying making the roads up.

There appears to be no “Section 38” agreement in place for these roads. A Section 38 Agreement is an agreement between the developer and the Highways authority (i.e. CCC) and does not involve SCDC at all. The agreement effectively says “If the developer builds this road to the HA’s specification and maintains it for a given period then the HA will adopt it”.

I have been given to understand that Wimpey are considering restarting construction on the site and that therefore it will suit them rather well to sort this mess out first – after all, how would it look to prospective purchasers if their 4-year-old homes still had no made-up roads?

It seems to me that in law none of the developers have a leg to stand on if their contract with you as purchasers contains the fourth Schedule which I have seen in the contract between Kings Oak (now Barratts) and one resident.

This Schedule appears to commit the developer to make up the roads. If Coftons go into administration then the problem would appear to reside with Barratts or Wimpeys, not with you or Coftons’ administrators. The ultimate recourse you have is for one (or more) of you to sue the developers for failure to deliver on this Schedule. I would have thought that the receipt of a few letters indicating a readiness to do just that would have an electrifying result on these developers.

And there is another course of action which it is easy for you to pursue. I have been advised that lawyers acting for the original purchasers should have ensured a retention on the purchase price until the road is made up. Failure to do this renders the lawyer liable to a negligence claim. So why don’t as many of you as possible start to turn the heat up on your conveyancing lawyers, insisting on them dealing with the retention.

The sewer situation is, I believe, related, though sewers are covered by a “Section 18” agreement. I believe that sewers under non-adopted roads cannot themselves be adopted. Hence resolving the road issue should automatically resolve the sewer adoption issue.

I hope this helps. I know that there are a significant number of other issues with the development, but this is one that I am convinced can be relatively simply fixed.

Good Luck!
Alex

Village Green and open spaces

Public open space overview
There is a formal play area still to be provided by Persimmon Homes on the area known as the village green as well as some remedial works on other areas of open space on phase 1.

The village green was to be transferred to the Parish Council for long term maintenance along with several other areas of open space. However, Persimmons Homes have ceased all work on this.

In normal circumstance the trigger point for delivery would be dealt with through a legal agreement known as a section 106 agreement (from section 106 of the town and country planning act 1990) although the entire Home Farm development was granted outline planning permission at appeal and as a result the open space was to be secured via planning condition.

Land registry plans indicate the areas that are to be transferred to the Parish Council and landscape plans.
 

Home Farm roads an update

Taylor Wimpey has confirmed, to several residents, that it has been agreed in principle for the funds to be released for the completion of the roads on the Iceni Development.

And that, Barratts are taking the lead with progressing the adoption on the development and are in contact with the local authority.

Taylor Wimpey say a meeting with the council will be arranged to further clarify the remedials required. The works will then need to be priced and programmed in and a letter drop will be made to all residents advising them when the remedials will commence.

They have stressed however that in their experience of dealing with Administrators this process could take quite some time to realise and although the money has been agreed to be released in principle the terms for the release are yet to be agreed.

We are awaiting an update from Barratt Homes on their assessment of the situation. Please add your comments and correspondence below.

Village Green grass cutting

We understand from Longstanton Parish Council that Persimmon are currently responsible for cutting the grass on the village green in Longstanton (the land between Nelson Crescent and High Street) until the development is adopted.

Persimmon say the grass cutting is due to start within two weeks and it will then be carried out every two weeks for the duration of the growing season.

Contact Persimmon Customer Care to complain if this is not done.