Duporth CIC - Public Meeting, 4.00 to 7.00Pm

Duporth CIC - Public Meeting, 4.00 to 7.00pm

John Oxenham (JO) from the Local Authority opened the meeting and extended a welcome to all.

Introduction of Alan Osborne (Belmont Property Management) - AO, Natasha Clark (Belmont Property Management) - NC, Dr William Leach (Duporth Working Group, Chair of St Austell Bay Parish Council & Chair of Duporth Residents Association) – WL and Patrick Colledge (Linden Homes) - PC

Those present: as above, with Senior Planning Office Mr Steve Kirby in attendance for most of the meeting, plus approximately 50 residents.

JO thanked all those who attended the meeting. He then gave a brief outline as to the purpose of this and future Community Interest Company (CIC) meetings, advising that this inaugural session was relatively informal and intended as an introduction to more formal business in future.

It was noted that while the CIC is primarily intended to represent the residents of the new development, the invitations had been extended to residents of both Duporth Bay and Duporth Road. It was felt that the impact of the site affects these near neighbours, and that there should be a formal representation on the CIC from this group. CIC and Property Management

AO then gave a full account of how the CIC evolved, through the S106. AO further expanded on how the CIC would be managed, and noted that AO is appointed as The Secretary, with JO as a Director representing the Local authority, as well as a Director of Linden Homes (formerly Midas Homes), and a Director appointed to represent Taylor Wimpey. The role of a Property Management company supporting the CIC was explained, although it was noted that a CIC could function independently if it chose.

JO sought expressions of interest from participants for nominations to the CIC management committee. He was reminded that as this had not been formally notified to residents beforehand then this could not be resolved at today’s meeting. It was agreed that this item would be a formal agenda item for our next meeting.

Questions from the floor – Residents of Duporth Road and Duporth Bay asked if the CIC was restricted to residents of the new development, or beyond, and if it was only for the Two Coves development residents. AO confirmed that the CIC applied to the entire development provided by both builders.

In response to a question regarding Belmont Property Services, AO confirmed that this firm was previously known as DowlingDodd. AO also gave a background to their portfolio of clients and experience in this sector.

Numerous questions were asked as to the way in which the initial charge of £150.00 per household payable on completion of the property transaction was

1 being spent, and when the annual service charges would commence as no further charges had been despatched.

It was also evident that a significant number of residents had not received the explanatory documents and balance sheets that DowlingDodd/Belmont Property Management had prepared for the scheme. It was agreed by AO that an updated budget report and explanatory note would be sent to all owner occupiers.

It was noted that the service charge for apartment owners was currently £455.00 (as opposed to the general scheme costs of £150.00 as referred to above) per annum, to cover the significant extra cost of providing cleaning, heating, insurance and security etc for the common parts of the buildings.

AO explained the procedures used to recover late payments and arrears relating to service charges. Checks are first made to understand the personal circumstances which have led to the arrears, and various methods are employed to assist the full recovery. These include agreeing Standing Order payments, but can include contacting the mortgage provider to advise of arrears and to request payment, and recovery through the Small Claims Court.

AO answered queries as to how Social Housing tenants and shared- ownership pay these charges. The tenants/owners are liable in just the same way as for other types of property owners, but if there is a problem with arrears then the relevant registered social landlord are contacted. AO advised that he is currently awaiting an updated list of tenants and shared owners, following which the updated service charge details can be posted.

AO explained that as this was considered a large CIC to manage, he has called on the assistance of Natasha Clark to assist. This will ensure that there should be someone available to assist residents at all reasonable times.

One gentleman reported that he had lived here for 3 years, and that trees overhanging his boundary fence required trimming. AO took the necessary details.

Some residents queried whether DowlingDodd/Belmont P M had been arranging maintenance works since the beginning of occupation. AO advised that Linden Homes had been cutting grass, maintaining trees, controlling the beach, etc until March 2011, and since then Belmont P M have been arranging some of these works on areas that have been completed. AO informed the meeting that he has been providing management advice to Linden Homes for several years, and that currently they have been requested to provide management services and until the CIC is able to appoint an agent or formalise arrangements.

PC advised that Linden Homes continue to provide Insurance cover for activities on site.

AO stated that due to the recession the build rate on site was slower than expected, and it may well be another 2-3 years before the site construction works are complete. This prompted a comment that perhaps the commencement of the CIC should await site completion. JO advised that this was not prudent, as there are many issues that need resolving long before that, including service charges, maintenance plans, road and pavement improvements, provision of play areas, bus service, etc. It is important that residents have an input to all issues that affect their site.

At this point Dr Bill Leach spoke in his role as the Chair of St Austell Bay Parish Council. He welcomed all those present, and saw this as the beginning of a good partnership between the residents of the new site and from the Duporth Bay area. He looked forward to forming a strong working relationship which would be beneficial to all.

Trees A discussion on the management of trees then took place. It was noted by WL that the access to the old footpaths was currently blocked. A resident of Duporth Bay reported that the wooded area backing onto the playing field site (nearest the beach) had suffered from some fairly brutal trimming and felling some 2-3 months ago. Several residents expressed deep concern and sought reassurances that we did not permit the wanton felling of protected trees as happened earlier on site. JO agreed to meet with this resident on site shortly to investigate, and to call in the Council’s Tree Officer for his comments. Another resident commented that he did not have a great deal of confidence in our trees being suitably protected, as these trees had been ‘hacked’ down. A further person said that the land might belong to a resident of Porthpean, while another asked how often the Tree Officer inspected the trees on site. SK said that the Officer did not have sufficient time to regularly check all the trees across this part of Cornwall. JO said that the residents were the ‘eyes and ears’ for this area, and that he, and the Parish Council, were very happy to receive calls from the residents if they had any concerns or queries.

AO advised that the site would have suitable Public Indemnity and Liability insurance cover, which is provided by Aviva when responsibility was handed over by Linden Homes.

A resident of The Drive asked if all the trees that need to be felled have been actually cut down. PC explained that Linden Homes are currently employing an arborist to identify all the trees that are to be protected. These will be mapped, and circulated in due course. JO stated that all trees on site, regardless of size, were protected by a ‘blanket’ tree protection order, and as such any tree work requires the approval of the Tree Officer.

Another resident of The Drive expressed his frustration at Taylor Wimpey, who he considered to act irresponsibly on site. It was noted that there was no representation from Taylor Wimpey at the meeting, which was regrettable. AO will write to Taylor Wimpey requesting that they send a representative to future CIC meetings.

At this point Senior Planning Officer, Steve Kirby, gave a full explanation of the responsibility of the developers with regard to our trees and woodland areas. He also explained how the Tree Officer deals with the felling of trees on site, and those that are confirmed as dead, dying or dangerous can be felled, with Local Authority approval.

There were several comments concerning the mature trees that are within the lowest part of the site. This area currently has approval to build 5 very large houses, and PC advised the meeting that Linden Homes are considering submitting a Planning Application to create 7 smaller houses instead, SK formally requested PC to identify all significant trees within this part of the site as part of this application, so that any housing is located around these trees rather than having any felled.

Roads There was a long discussion on this subject. In reply to the question of adoption of the estate roads, PC advised that as the build programme was likely to continue for some time, the damage which can arise from construction work means that the Council will not be able to adopt these roads and pavements until works are finished.

Frustration was expressed that Taylor Wimpey has still not cleared the turning bay in The Drive. This has been obstructed for many months despite an agreement to remove the Herris fencing and stockpiled materials.

It was again noted that no representation was present from Taylor Wimpey, which disappointed some attendees.

There is widespread concern at the manner in which motorists use the upper part of Duporth Road (Brick Hill), where the road layout was changed. Comments included poor sight lines, wrongly placed or unclear priority signage, ‘pinch points’ are too wide, etc.

In response to the question of who approved the design of this road layout, SK advised that it was Cornwall Highways. It was also noted that although the design was originally thought to be appropriate for this rural location, it has proved not to be the case. SK further advised that the officers responsible for the original design are no longer with the Council, but it was not unusual for a completed scheme to be reviewed and subsequently modified. Cornwall Councils Road Safety Unit approve any detailed proposals.

Residents were advised that the recently completed road improvements at the Porthpean Road and Cromwell Road junction were funded as a result of the Section 106 contribtions from this development.

As this specific issue was being discussed at that evening’s Parish Council meeting, it was left for that body to discuss and action initially.

The meeting was advised that after many months of negotiation, the Highways department awaited a finalised proposal to create a pavement from the lower site entrance and along the length of Duporth Raod towards Charlestown. Local residents will be consulted as soon as these proposals were received.

Bus service PC responded to a question regarding the temporary closure of Manor Road Farm. This was blocked for construction safety reasons while Linden Homes complete certain works, and will be re-opened in time for the introduction of the new bus service. Sharon Bundy from Highways is liaising with Linden Homes regarding the siting of bus shelters. SK advised that Council officers are currently reviewing the S106 payments required to finance the new bus service, and will be able to confirm shortly.

Parking It was noted that on-road parking needed to be controlled to prevent obstructions for neighbours and the new bus service.

A resident of The Drive noted that early agreements stated that no parking was permitted on the site roads.

A newer resident complained that some residents/tenants fail to use their own garages or spaces, resulting in frustration for other residents. An emailed response from D&C Housing to her concerns appeared to be in bad taste and dismissive. AO agreed to follow this up with D&C Housing.

Beach The meeting was advised that the beach was in joint ownership, 75% with Duporth Bay residents and 25% with the new site owners. Questions were asked regarding rubbish bins, beach cleaning and the installation of a secure gate to prevent unauthorised access. WL gave a report of a serious incident recently where a large number of youths held an unruly party on the beach, and the police were called to break it up.

Play areas SK advised that there were commitments to build 3 play areas across the site, and that the newly-formed committee will need to give this consideration very shortly.

AOB Waste bins – There was some concern that a few residents are storing waste bins at the front of properties, contrary to restrictive covenants.

Future Development Proposals PC then gave a brief resume of revised proposals for the apartment development and an update for the Extra Care Home scheme being discussed with a Methodist Trust.

He also talked about Linden Homes’ early thoughts to change the existing 5 very large houses at the lowest part of their site to 7 smaller houses. There were display boards in the room showing details of the schemes, with A4 factsheets and forms for feedback.

Concerns were raised regarding the preservation of mature trees within these areas, and Linden Homes are currently surveying all trees as part of their consultation process. PC and SK also responded to questions about the amount of retail provision within the Extra Care site, which was for around 1,000 sq. ft. (100m2).

It was agreed that at the next meeting we would seek to appoint committee members to represent the resident community. Upon election it would be possible to form an agenda and an action plan, and to focus on agreed proiorities.