Agenda item

The report of the Executive Manager – Communities is attached.

It is RESOLVED that:

a)    the inclusion of guidance within a Supplementary Planning Document (SPD) to provide consistency to future Open Space schemes be supported; and

b)    the Portfolio Holder for Housing and Planning write a letter to the Secretary of State highlighting the issues raised and recommends they bring forward guidance to address the issues identified.

The Portfolio Holder for Housing and Planning, Councillor Upton, presented the report of the Executive Manager – Communities reviewing the management of open spaces in new developments.

Councillor Upton referred to the changing layouts in new housing developments, including the increased provision of public open space and other infrastructure, which required maintenance either by councils or management companies.  Cabinet noted that increasingly, the cost to councils had become prohibitive, and most councils, including Rushcliffe, had developed a policy to no longer adopt any further schemes.  Councillor Upton referred to the varied reputations of management companies and advised that residents had raised concerns related to various issues, details of which were highlighted in the report.  It was noted that of particular concern for residents related to payments for the maintenance of communal areas but the public being allowed access to those areas, and the perceived unfairness of that.  Councillor Upton advised that in January 2020, the Growth and Development Scrutiny Group had asked officers to investigate those issues, and those findings formed the basis of this report.  Cabinet was advised that the Council could not get involved in the process of setting up management companies and the report was recommending that the Council adopt a new SPD, which would set out the standards that the Council would expect for the management and maintenance of open spaces on new housing developments, and allow officers to try and negotiate a greater degree of consistency and hopefully a better parity of fees.  In conclusion, Councillor Upton stated that currently the Council had no legal power to control which management company was used, or how any scheme was managed and that would require changes to national legislation, hence the recommendation that the Portfolio Holder for Housing and Planning should write to the Secretary of State regarding this matter.   

In seconding the recommendation, Councillor Brennan thanked the Growth and Development Scrutiny Group for looking into this matter, and to Councillor Way for bringing the issue to the Group’s attention.  Councillor Brennan referred to the increasing number of residents who would be involved with management companies, and to the concerns raised by some residents, and she considered that it was therefore timely that the Council examined this issue, to see what influence the Council could bring to bear going forward, to ensure consistency and fairness to all those involved.

Councillor Robinson noted the concerns that had been raised across the Borough and the timeliness of this review.  It was noted that issues often arose when a property was sold on, which then triggered clauses, which many people were unaware of.  In conclusion, the Leader advised Cabinet that this issue was a national one, and it was important that the Council made a point, by writing to the Secretary of State, in the hope that legislation could be put in place to improve the situation. 

It is RESOLVED that:

a)    the inclusion of guidance within a Supplementary Planning Document (SPD) to provide consistency to future Open Space schemes be supported; and

b)    the Portfolio Holder for Housing and Planning write a letter to the Secretary of State highlighting the issues raised and recommends they bring forward guidance to address the issues identified.