In 2022, following concerns raised by members of the public in relation to the lack of progress made in delivering committed areas of public open space in the development, the Council established that a number of new homes had been sold and occupied prior to the completion of public open space in the corresponding phase of development, in breach of express obligations in the s.106 agreement accompanying the planning permission for the redevelopment project. The unfinished areas have been fenced off with unattractive temporary fencing, are not accessible to the public, and have warning signs against fly-tipping.

Despite repeated promises by the Consortium to deliver the public open space within a reasonable period of time and threats of legal action by the Council, by autumn 2023 no real progress had been made. Following the issue of formal letters before action, the Consortium’s solicitors still refused to sign any legal undertaking committing the Consortium to the delivery of the public open space and restraining the sale of any further properties until such public open space had been delivered.

In December 2023 the Council therefore 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. Seven properties must be held back pending completion of public open space at East Quay and Cliff Top Gardens. A penal notice is attached to the consent order.

Meyric Lewis KC and Esther Drabkin-Reiter acted for Vale of Glamorgan in the injunction proceedings, instructed by James Docherty of Vale of Glamorgan Legal Services. Esther Drabkin-Reiter has been advising the Vale of Glamorgan on this matter since 2022.

This case has previously been reported in the Local Government Lawyer.