Agenda item

That Cabinet:

a)       continue to support the approach to securing a ‘No ManCo’ (Management Company) approach for future Open Spaces coming forward as part of Fernwood North (BDW) and Fernwood Central (Allison Homes). This approach shall be secured by S106 variations for both Phases, the details of which to be delegated to the Director – Planning & Growth in consultation with the Assistance Director Legal Services. S106 Agreements shall be subject to standard due diligence clauses covering design, implementation and handover of Open Spaces;

b)       delegated authority be given to the relevant Director and Assistant Director – Legal & Democratic Services authority to seek and secure S106 legal agreements from Fernwood Parish Council and Barratt David Wilson (BDW) to enter into arrangements to secure the future public ownership, management and maintenance of Open Space on the Fernwood North (Barratt David Wilson, BDW) Phases, subject to the terms set out in Exempt Appendix A, save for an additional caveat which allows Fernwood Parish Council (FPC) to take ownership, management and maintenance of Open Space at any time (including prior to any initial land transfer), subject to requisite notice (such period to be agreed) to the District Council;

c)        should FPC elect to own and manage Open Space in accordance with resolution b) above at any time, that the relevant Directors be authorised to underscore the importance of all Open Space across Fernwood (Fernwood Central – Allison Homes, Fernwood North – Persimmon, and Fernwood West (Business Park and Residential) being in a single ownership in order to ensure continuity of responsibility and consistency of service standards across the Parish; and

d)       should FPC elect not to agree the terms detailed in resolution b) above, that a further report and implications be brought to a future Cabinet (no later than January 2025).

The Director – Planning & Growth presented a report which updated Members on the various developments which formed the Greater Fernwood Strategic Urban Extension (SUE) site and recommended proposals to secure Open Space within Fernwood North (Barratt David Wilson, BDW) being transferred into public ownership via Newark & Sherwood District Council or Fernwood Parish Council.

The report gave the background to the parcels of land in the Greater Fernwood SUE and the approaches to the management and maintenance of the open space and set out proposals for taking on the ownership of the open space for Fernwood North following appropriate agreement with Fernwood Parish Council.

AGREED (unanimously) that Cabinet:

a)       continue to support the approach to securing a ‘No ManCo’ (Management Company) approach for future Open Spaces coming forward as part of Fernwood North (BDW) and Fernwood Central (Allison Homes). This approach shall be secured by S106 variations for both Phases, the details of which to be delegated to the Director – Planning & Growth in consultation with the Assistance Director Legal Services. S106 Agreements shall be subject to standard due diligence clauses covering design, implementation and handover of Open Spaces;

b)       delegated authority be given to the relevant Director and Assistant Director – Legal & Democratic Services authority to seek and secure S106 legal agreements from Fernwood Parish Council and Barratt David Wilson (BDW) to enter into arrangements to secure the future public ownership, management and maintenance of Open Space on the Fernwood North (Barratt David Wilson, BDW) Phases, subject to the terms set out in Exempt Appendix A, save for an additional caveat which allows Fernwood Parish Council (FPC) to take ownership, management and maintenance of Open Space at any time (including prior to any initial land transfer), subject to requisite notice (such period to be agreed) to the District Council;

c)        should FPC elect to own and manage Open Space in accordance with resolution b) above at any time, that the relevant Directors be authorised to underscore the importance of all Open Space across Fernwood (Fernwood Central – Allison Homes, Fernwood North – Persimmon, and Fernwood West (Business Park and Residential) being in a single ownership in order to ensure continuity of responsibility and consistency of service standards across the Parish; and

d)       should FPC elect not to agree the terms detailed in resolution b) above, that a further report and implications be brought to a future Cabinet (no later than January 2025).

Reasons for Decision:

The recommendations align with the Community Plan objectives in relation to access to green spaces, biodiversity, the environment and climate change.

Options Considered:

The existing S106 Planning legal agreements for Fernwood North (Barratt David Wilson, BDW) and Fernwood Central (Allison Homes) are clear that there will be a Management Company for the respective development sites, with each homeowner being subject to an annual charge to pay for the management and maintenance of Open Space.

Fragmentation of ownership, responsibility, and some areas operating under a Management Company has been problematic within Original Fernwood and the Council has previously negotiated with the developers to remove this possibility.

To date both developers have done what was asked and are selling new homes without levying a Management Company charge. To ensure this remains the case the Open Space for each phase of the development must be transferred into public ownership without delay.