Our Ward Councillor has provided this information from CDC.
Part 3 of Schedule 1 of the S106 legal agreement (dated 29th January 2010) relates to the provision of the Public Open Space within the development. The relevant extract is included for information at the foot of this post. A number of the clauses within that part of the S106 have been breached because the developers were required to complete the POS and to offer it to the Parish Council (in the first instance) prior to the occupation of the last 2 residential units (of course all residential units have now been occupied). CDC have requested that the breaches are addressed by way of a Deed of Variation to the S106 agreement and expect to meet with Bovis Homes and Linden Homes representatives to discuss this matter further very shortly.
It is appropriate that the playing field within the village and owned by the PC are included within the POS provision because that area of land was shown and accepted as part of the original planning permission (i.e. within the outline and reserved matters applications for the development) and clearly, it can be delivered as POS. It’s important to remember that the POS is being delivered for the benefit of the whole community, not just the new residents of Victory Fields. It may be, that for legal/ownership reasons, if the PC does not take on the management of the POS, that the playing field is not included within the transfer of land, but it is wholly appropriate that for the purposes of determining the current planning application, the land is included within the POS breakdown.
Bovis and Linden Homes have been advised that it is not appropriate to include areas that are within the ownership of Albion Water, as clearly these areas will not be accessible to the public. I understand that Bovis and Linden Homes are taking advice on this matter and until this is resolved, CDC will not be in a position to issue the decision notice on application reference 17/04151/FUL until this issue has been fully resolved.