New build estates Opens spaces

onefurlongout

Hi all,

We moved into our new home nearly two years ago and the open spaces within the estate have not been finished and have already been handed over to a management company. The main areas is essentially waste land.

I've located the original plans for the estate and the amended versions which formed part of the planning permission granted by the council. Are the house builders legally required to follow the plans as laid out (there are no documented amends)? Currently they have left the site and not planted trees across the estate as agreed and they have planted specific areas as per the plans.

We have reached a brickwall with the developers and the management company has started to ask for additional money to maintain the areas.

Legally is there anything we can do, are the developers in breach of the purchase agreement? We were advised at the outset that the areas would be something that the residents would be proud of. In reality its just an eyesore. In addition the roads are also incomplete

I complained to the council on Monday but have not yet received a response but any thoughts welcomed.

theartfullodger

When you (and all other occupants, as residents association..) write (yes, WROTE! ) to developer about the matter what response did you get?

marksoton

The developer will have had to satisfy planning conditions.

This should include a tree planting plan. Bringing this to the attention of the council is essential.

onefurlongout

Hi, several residents have written to the developer we have even involved the local MP, the responses indicate that they will address matter and grass seed the area


They have now handed the estate over to an appointed management company and will be arranging for the limited company set up to be transferred to the 29 residents. I don't have an issue with this.


I've informed the council so and I'm awaiting their response

patman99

Well, once you, the residents, have control of the open spaces, pass them off to the local Council (Parisch if you have one as they keep their open spaces well maintained, or Town/Borough/City Council as appropriate). The land becomes their responsibilty and they may even put in a play park if there is enough interest.

I am only suggesting passing-off the land as you pay Council Tax and that includes mainatianence of public open spaces, so why pay to do what the Council will do for free.

Doozergirl

[cynical mode on] They built another 70 houses on the 'open space' designated on a new estate near us. Took them 10 years to get permission but it was a lovely bit of scrubland in the meantime. [cynical mode off]

onefurlongout

unfortunately it doesn't work like that Patman. Despite paying council tax were also legally bound to pay for the open space as it equally belongs to every resident.


This is apparently common for new build estate. I've no issues paying just want the development to make good on the plans

marksoton

onefurlongout wrote: »

unfortunately it doesn't work like that Patman. Despite paying council tax were also legally bound to pay for the open space as it equally belongs to every resident.


This is apparently common for new build estate. I've no issues paying just want the development to make good on the plans

Then hope that your council put the planning conditions in place, and that they have the conviction to enforce them.

ethank

Google your local council's planning enforcement department and get in contact with them.