Harlow Council has now made an application for an injunction against the three housebuilders of Gilden Park for failing to uphold agreements to provide community facilities for its residents.
Injunction papers have been filed with the court. The council is currently waiting for the court to issue the application so that the consortium can be served with sealed documents relating to the injunction.
Developers Persimmon, Barratt and Taylor Wimpey will now be subject to court action as they have failed to provide a sports pavilion and pitches, allotments, community centre and retail units as part of the conditions relating to the development (known as a Section 106 agreement). The consortium was asked in June to provide an enforceable programme stating that the community facilities would be provided in a timely manner. They failed to provide such an enforceable and realistic programme.
The injunction seeks to restrict any further occupation of the new houses that have been built until the developers’ outlined obligations are met or a suitable undertaking to provide the outstanding obligations is given to the court and the council.
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 in to 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 has been in on-going discussions with the three developers and has met them on several occasions to resolve the issues without needing to resort to enforcement action. The council remains in active dialogue with the developers.
