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Essex authority applies for injunction to force developers to uphold Section 106 agreements
An Essex council has made an application for an injunction against three house builders for failing to uphold Section 106 agreements.
Harlow Council has filed injunction papers with the court against developers Persimmon, Barratt David Wilson and Taylor Wimpey following work on a development called Gilden Park.
The council said the builders have failed to provide a sports pavilion and pitches, allotments, community centre and retail units, which were part of the conditions of their Section 106 agreements.
Harlow said it had asked the consortium in June to provide an enforceable programme to deliver the community facilities in a timely manner, but it had failed to do so.
A spokesperson for the builders said they remained committed to delivering the facilities and plan to agree dates with the council to do so.
Harlow is also seeking to stop further occupation of the new houses that have been built until the developers meet the outlined obligations or they provide a suitable undertaking to provide the outstanding obligations is given to the court and the council.
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Councillor Michael Hardware, portfolio holder for economic development, said: “It is unfortunate that it has come to this, but we must stand up for those residents who have moved into Gilden Park and currently have no local facilities within the development to enjoy.
"As I have said before, they are missing out on being part of a community and this is down to developers not meeting the conditions of the Section 106 agreement.
“Between them, these three developers have built over 1,000 homes to create Gilden Park – it is unacceptable that these developers have not met their end of the bargain to add vital facilities into the mix so far, so we are seeking to prevent them from selling any further properties until they have met those obligations or at least committed to delivering them as quickly as reasonably possible.
“The residents of these homes will need these facilities to support the creation of this emerging new community and we will do everything we can to ensure that they have the opportunity to be part of a new community.”
The council is also working with Essex County Council to push forward plans for a school as the land has been supplied to them by developers.
The council said it has been in ongoing discussions with the three developers and has met them on several occasions to resolve the issues without needing to resort to enforcement action. It is understood the consortium invited the council to a meeting in June.
A spokesperson for the Gilden Park consortium said: “We recognise that residents and councillors are frustrated by these delays and we are sorry that the community facilities at the development are not all yet complete.
“We are fully committed to delivering these facilities for residents and have been in discussions with Harlow Council in recent months in order to move this forward. Work is ongoing and we have shared a plan with the council that sets out when these facilities will be finished.
“We remain eager to work with the council so that we can deliver all the facilities as quickly as possible.”
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