Category Archives: Victory Fields Monthly Update

FAQ: Completion of the Public Open Spaces in #UpperRissington

Residents are asking about the completion of the Public Open Spaces (POS) in Victory Fields:

  • What is the legal position on the handing over of the POS?
  • Why is the parish council owned park land and Albion Water land  included in the POS breakdown?
  • What happens if the parish council does not take over the land and it goes to a maintenance company?

Officers at Cotswold District Council have provided some responses.

On the handing over of the POS:

“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. I attach the relevant extract for information (see S106 extract on POS). 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). I 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 is 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.

“I have advised Bovis and Linden Homes 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 in this matter and I will not therefore be in a position to issue the decision notice on application reference 17/04151/FUL until this issue has been fully resolved.”

On the management company charges:

“My experience of Management Companies on all new developments is that all owners would be required to be shareholders and then manage the common areas or a separate Management Company will own all the common parts and all owners will sign up to pay a service charge. If the latter is the case, there is a possibility that service charges may increase a lot after the initial few years.”

 

Monthly Update on Victory Fields, February 2019

The Local Planning Authority issues a report each month outlining the main activities undertaken either on the ground at Victory Fields or in the background as they work towards the ultimate aim of delivering an approved scheme of public open space for the community of Upper Rissington.

This is the report for January/February 2019.

Portfolio Holder’s monthly update on Victory Fields, Upper Rissington – 26th February 2019

Actions and activities undertaken in January/February:

i. Negotiations have been ongoing with Bovis to explore the possibility of providing a vehicular access to the allotments. Officers have agreed the optimum route for the access and the application (17/04151/FUL) will be reported back to the Planning & Licensing Committee on 13th March for consideration. The Planning Committee will only be considering this element of the scheme as all other matters were resolved at the December meeting.

ii. Met with Bovis and their play providers (TCL) to discuss various elements relating to the delivery of the play equipment within the formal play areas within the Public Open Space (POS). TCL will implement the designs on site and are currently working on a more detailed programme of work – the plan is to investigate the areas that are not contaminated which can be completed and made usable so that we can deliver some of the POS as soon as possible.

iii. The Validation Report has been submitted for consideration – if the Council’s Land Contamination Officer is content with the findings of the report, the Council will instruct an independent consultant to undertake a peer review of the report. We aim to have reviewed the report internally by 8th March and external consultants will be appointed thereafter.

iv. Assessed and responded to concerns raised regarding minor design changes to the eaves details – the changes are considered to be de minimis and no further action is required.

v. Revised drawing received relating to the amount of POS being provided. This confirms that the developers are meeting the requirements of the original planning permission.

Download the report:

 

Previous reports:

Monthly Update on Victory Fields, December 2018

The Local Planning Authority issues a report each month outlining the main activities undertaken either on the ground at Victory Fields or in the background as they work towards the ultimate aim of delivering an approved scheme of public open space for the community of Upper Rissington.

This is the report for December 2018.

Portfolio Holder’s monthly update on Victory Fields, Upper Rissington – 8th January 2019

Actions and activities undertaken in December:

i. Public Open Space (POS) application (17/04151/FUL): was reported to the Planning & Licensing Committee on 12th December and the Committee resolved to approve the scheme subject to the Case Officer exploring further, the possibility of a vehicular access being provided to the allotments. Delegated authority to the Case Officer to consider the feasibility of the access with the applicant and in consultation with the Ward Member. To this end, the applicant has submitted alternative potential options which are under consideration by the Case Officer.

General notes

1. Third party queries and enquiries are still being received by Cotswold District Council on matters which fall outside of our remit. In an effort to help interested third parties resolve their queries as quickly and efficiently as possible, the following information is provided for clarity.

The Environment Agency (EA) regulates two main categories: waste and controlled waters, and consequently, any queries relating to these areas should be sent directly to the EA, not the LPA.

This includes:

  • Anything to do with waste, including the Definition of Waste Code of Practice (DoWCoP)
  • Hazardous waste
  • Moving waste (duty of care, handling waste, disposal of waste
  • Waste permits and licences (environmental permitting, waste transfer documentation and waste carriers, etc.)
  • Storing waste
  • Using waste (waste exemptions)
  • Disposing of waste (exemptions, waste acceptance at landfills
  • Water quality and resources (protection of surface and ground waters)

It should be noted that as the developer has decided to use the DoWCoP, which is a self-regulating process, the material being re-used on site is not considered to be waste. This should, however, be confirmed with the EA directly.

2. Following the resolution of the Planning Committee to approve the application for the delivery of the Public Open Space, residents are encouraged to log any further queries or complaints relating to ongoing work on the site with the Parish Council who can then forward these on to the LPA for consideration/action if necessary. This will ensure that concerns are dealt with efficiently and in a timely and coordinated manner.

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Monthly Update on Victory Fields, November 2018

Deborah Smith, Case Officer for Planning Application 17/04151/FUL Variation of Condition 1 of reserved matters permission 12/03810/REM … open space provision, writes:

As part of my monthly meetings with the Portfolio Holder for Planning & Strategic Housing, I provide an update on the main activities undertaken either on the ground at Victory Fields or in the background to ensure that we progress towards the ultimate aim of delivering an approved scheme of public open space for the community. We thought it would be helpful if we shared this information with you on an ongoing basis until the works are complete. To that end, shortly after the last Tuesday of each month (which is when I meet with the Portfolio Holder), I will forward on to you a copy of the update presented at our meetings. I shall also post it on the Council’s website under the current planning application (17/04151/FUL) to ensure that we share this information with as many people as possible in the local community.

I hope this is helpful to you.

This is the report for November 2018.

Portfolio Holder’s monthly update on Victory Fields, Upper Rissington – 27th November 2018

Main actions and activities undertaken in November:

i. Public Open Space (POS) application (17/04151/FUL): an amended scheme has been received in response to Officer’s outstanding concerns and queries and subject to appropriate planning conditions, Officers are now supportive of the application proposals

ii. As a result of the amended scheme being received, the Committee report for the planning application has been finalised and will be reported to the 12th December Planning & Licensing Committee meeting.

iii. The POS between the shops and the school has been opened up following testing of soils in September – Merebrooks took soil samples which were analysed for a variety of contaminants including PAHs (coal tar constituents) and all soil sample results were found to be below the assessment criteria (non-detect for asbestos)

iv. In consultation with CDC, the developer has undertaken an exercise to remove cosmetically unsuitable material including black fragments, plastic, etc. from the POS between the shops and the school

v. Samples of the in-situ soils which contained black gravel and considered to be tarmac debris were taken from the area between the shop and the school and from the roadside along Delfin Way, assessed by an independent laboratory for PAHs (coal tar) and the results demonstrate that no results were in exceedance and the soils are considered not to pose a human health risk

vi. The waste material stockpile (removed from the southern playing field) has been taken off site and the appropriate waste documentation has been received

vii. A sample was taken from the southern playing field where the waste stockpile was temporarily placed to ensure no unacceptable PAH concentrations remained. The results indicate the soils were suitable. The field has since been regraded and finished with imported, validated topsoil from Shrivenham

viii. The area where the Linden Homes compound was located has been cleared and finished (no remediation was necessary here)

ix. Bovis have contractors on site removing tarmac from residential gardens under the supervision of Merebrooks

x. Following testing of soil samples around the Calor gas compound, the area has been finished with imported, validated topsoil and seeded.

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