Developers commit to obligations in section 106 agreement after council sought injunction over delayed build-out

A consortium of housebuilders has committed to new timescales for the delivery of outstanding section 106 obligations after Harlow Council threatened an injunction over a two-year delay.

The agreement comes after the council sought what it believed was a first-of-its-kind injunction seeking to force Barrett Homes (BDW Trading Limited), Persimmon Homes and Taylor Wimpey to build facilities in accordance with the planning obligation relating to the town's Gilden Park development.

The council's injunction sought to stop the developers from selling more houses until obligations were met or a suitable undertaking to provide the outstanding obligations was given to the court and the council.

It filed the injunction papers in July, with a court hearing set for this month. However, a consent order was made before the hearing could go ahead, and an agreement was reached between the council and the consortium.

The consortium agreed to:

• submit an Open Space Scheme and Community Specification by 30 September 2023 – both have been received by the council on time.
• provide sports pitches provision by 31 December 2024 – pitches formed and seeding to take place during October 2023, following which pitches will take 12 months to establish.
• provide allotments by 31 October 2023 and provide storage facilities by 31 March 2024 – the consortium reports that these works are essentially completed, with surrounding planting being implemented at present.
• transfer allotment management to Harlow Allotment Association or Residents Association by 31 March 2024 – this is expected to be completed in advance of the stated deadline.

Failure to adhere to the timescales will breach the injunction, according to the council.

Cllr Michael Hardware, portfolio holder for economic development, warned the council would not hesitate to take further injunctive action if there were any breaches.

He added: "Back in July we took an unprecedented move in applying for an injunction to stop more houses being sold in Gilden Park. It is believed to be the first time a council has publicly announced such drastic action, which is rarely taken. This action not only made the Gilden Park consortium sit up and listen, but it has also sent out a strong message to housebuilders across the country.”

A spokesperson for the Gilden Park consortium said: "We remain fully committed to delivering the communal facilities for residents and have been in regular and positive discussions with Harlow District Council in order to facilitate this.

"We acknowledge that there have been delays and are very sorry that the community facilities at the development are not all yet complete.

"We remain eager to work with the council so that we can deliver all the facilities as quickly as possible. Progress is being made as we have already met several of the obligations that were recently agreed with Harlow Council."

The three developers have also been threatened with an injunction by the Vale of Glamorgan Council over a failure to deliver facilities agreed upon in the section 106 agreement attached to a 2,000-home development on Barry waterfront.

Adam Carey