Council pursues injunction to stop developers selling more houses on major scheme, over failure to provide facilities set out in s106 agreement

Harlow Council has applied for an injunction against the three housebuilders of a major scheme, for failing to uphold agreements to provide community facilities for its residents.

The council said it is currently waiting for the court to issue the application so that the consortium behind the Gilden Park scheme 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),” Harlow said.

It added that 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.
 
Cllr Michael Hardware, Harlow’s 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.”
 
Harlow said it was also working with Essex County Council to push forward plans for a school as the land has been supplied to them by developers.
 
It added: “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.”

A spokesperson for the Gilden Park consortium said: "We recognise that residents and councillors are frustrated by these delays and we are sorry that the community facilities at the development are not all yet complete.

“We are fully committed to delivering these facilities for residents and have been in discussions with Harlow Council in recent months in order to take this forward. Work is ongoing and we have shared a plan with the council that sets out when these facilities will be finished. 

“We remain eager to work with the council so that we can deliver all the facilities as quickly as possible.”