Council reaches legal agreement with Barry Waterfront developers after dispute over s106 obligations
The Vale of Glamorgan Council has reached a legal agreement with a consortium of developers, which restricts their ability to sell further properties at the Barry Waterfront development until community facilities are completed.
The Waterfront Consortium, made up of national housebuilders Persimmon Homes, Taylor Wimpey and Barratt Homes, consented to judgment following proceedings brought by the council for injunctive relief to compel compliance with obligations in a s.106 agreement relating to the provision of public open space for phases of the regeneration project.
The council said there have been “severe delays” to landscaping, road surfacing and work on open spaces at the waterfront.
In December 2023, the Vale of Glamorgan Council issued a claim for an injunction to enforce the obligations in the agreement pursuant to s.106(5) of the Town and Country Planning Act.
The consortium has now consented to judgment, on terms that it will not sell any of the remaining unoccupied properties in the development prior to the completion of public open space at Waterside Gardens and Dockside Quay, according to barristers' chambers Francis Taylor Building.
As part of the agreement that limits house-selling activity, the consortium also has agreed to pay the council £10,000 to cover legal fees.
Cllr Lis Burnett, leader of Vale of Glamorgan Council, said: “I’m pleased an agreement has been reached to finally deliver all the outstanding community facilities that have long been promised to the residents of Barry Waterfront.
“Through regular meetings, we have made our strength of feeling clear to the developers in no uncertain terms and we have been determined to hold them accountable.
“The Council remains committed to ensuring that all community aspects of the Waterfront Development are completed and will consider all action available to ensure this happens.”
Francis Taylor Building's Meyric Lewis KC and Esther Drabkin-Reiter acted for Vale of Glamorgan Council in the injunction proceedings, instructed by James Docherty of Vale of Glamorgan Legal Services.
A spokesperson for the Barry Waterfront consortium said: “We can confirm the consortium has reached an agreement with the Vale of Glamorgan Council through a consent order.
“Despite our view that the Council's actions were unwarranted given the positive progress made of late and the ongoing dialogue between all parties, we accept and acknowledge the delays in delivering the public open spaces within the development.
“We are well underway with all outstanding work in line with the programme shared with the council last year. We have continued to provide weekly updates to the local authority, attended regular meetings to highlight the progress made, and have paused the sale of all remaining properties as per the conditions of the consent order.
“We hope to continue working closely with the Council as we look to complete the Barry Waterfront regeneration scheme as quickly as possible, providing a high-quality development for the local community.”
Lottie Winson
