Public Open Space

Public Open Space Options for UR!

The extracts below originate from the S106

The POS will be offered to Upper Rissington Parish Council (URPC) within the maintenance period of 12 months. The maintenance period begins as soon as the POS is completed. It is assumed the POS will take a further 12 months to complete as of today (March 2019), which means that URPC could be offered the Public Open Space around April 2020. There is a 3 month window to complete the transfer once the POS has been offered to URPC.

  • maintenance sum which is calculated from the maintenance formula is handed over to the URPC.  
  • If URPC reject it, Cotswold District Council receive the same offer.
  • If they reject it, then it will be offered to the a Management Company or equivalent, there will be no 5 year maintenance period in this instance.

The maintenance sum is a cash handout given to URPC from the developers to cover the first 5 years of maintenance, but URPC are expected to have taken responsibility after 12 months.

I’ve attached the S106 above for your cross reference and of course I may have interpreted the document incorrectly.

From Page 3 and 4 of S106

 Maintenance Formula means the formula for calculating the 5-year maintenance cost for the Community/Sports Hall and POS which shall be as follows:

a. The Owner obtaining 3 separate assessments of the estimated annual maintenance cost for the relevant element

b. Adding the total of all 3 assessments together and dividing the total sum by 3 to obtain the average figure

c. Multiplying the figure derived from paragraph (b) above by 5 to achieve the 5 year maintenance fund.

Maintenance Period means a period of 12 (twelve) months following the satisfactory completion of (the relevant part of) the Public Open Space during which the Public Open Space will be maintained prior to handover of responsibility for their maintenance to the Council or such other body as may be agreed.

Maintenance Sum means the sum to be calculated in accordance with the Maintenance Formula.

Management Company means a management company or companies appointed by the owner for the purpose of managing and maintaining any one of the Public Opens Space and other areas of the Development as is appropriate.

Page 12 of S106

  1. As part of each Reserved Matters application to identify the Public Open Space to be provided within the relevant Reserved Matters Area.
  2. Not to Occupy the last 2 (two) Residential Units (already occupied) within each Reserved matters Area until the Public Open Space within such Reserved Matters Area has been Completed to an Adoptable Standard.
  3. Upon Completion of the Public Open Space within a Reserved Matters Area to maintain and manage it for the duration of the Maintenance Period unless the Public Open Space is transferred sooner and the transferee confirms it will be responsible for maintaining the Public Open Space with immediate effect from the date of the Public Open Space Transfer.
  4. Not to occupy the last 2 (two) Residential Units of the Development until the Owner has completed the Public Open Space in its entirety in accordance with the Masterplan and subsequent Reserved Matters Approvals and has offered the Public Open Space transfer to:
    1. the Parish Council for the nominal sum of £1, and
    2. to use all reasonable endeavours to complete the Transfer within 3 months from the date the offer is made to the Parish Council.
  5. In the event the Parish Council declines to accept the Public Open Space Transfer within a period of 3 months from the Offer having been made to Offer the Public Space Transfer in the following order to:
    1. the Council for the nominal sum of £1; or
    2. A Management Company
  6. Upon the expiry of 12 months from the date of Completion of the Public Open Space and the Public Open Space having been transferred to either the Parish Council or the CDC (the Transferee) to pay the Public Open Space Maintenance Sum to the Transferee and thereafter the Transferee shall be responsible for the continued management and maintenance of the Public Open Space to be transferred.
  7. To permit the Public Open Space to be used by the public for recreational purposes.

 The Financial Permutations.

If you are an Original Village Resident (none VF).
  • Non adoption of POS – Precept stays the same. This will mean a VF resident are paying precept & Maintenance Levy regardless.
  • Adoption of POS –  Precept stays the same while the PC receives the short term Maintenance Sum. Once the Maintenance Sum runs out then the precept will most probably increase.
If you are a Victory Fields Resident
  • Non adoption of POS – Precept stays the same and Maintenance Levy is paid by resident for the term of ownership of their property.
  • Adoption of POS – Precept stays the same while the PC receives the short term Maintenance Sum. Once this runs out then the precept will most probably increase. Maintenance Levy is still paid to the Rissington Management Company.

Financial Summary

  • VF residents will always pay the Maintenance Levy regardless of who manages POS – URPC or CDC or Management Company.

Conclusion:

  • If Upper Rissington Parish Council adopt the POS, it will be managed by the village for the village.
  • If the Rissington Management Company adopt it, the village will have no input and it will be managed by the management company for their share holders.
  • The Rissington Management Company is already in place. See page 12 of the S106, a Management Company means a management company or companies appointed by the owner for the purpose of managing and maintaining any one of the Public Opens Space and other areas of the Development as is appropriate (there are already two management companies that I am aware of that have been activated).

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