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5th December 2018

Council moves to protect home buyers as planning enforcement action begins

BY: Nathan Spackman

The Vale of Glamorgan Council will ensure house buyers due to complete on purchases from developers at South Quay Parkside at Barry Waterfront before Christmas will not be affected as it begins enforcement action that will prevent the occupation of new homes at the development.

Under the terms of the planning permission granted in March 2012, no properties in South Quay Parkside should have been occupied until the district centre of restaurants and cafes was delivered. This was due to happen in 2016.

On 23 November the developers were served with a temporary stop notice prohibiting the occupation of new homes for a period of 28 days. However, house builders at Barry Waterfront have already exchanged contracts on a number of properties which are due to complete during this period and have promised pre-Christmas completion dates on a number of other properties where contracts are yet to be exchanged. All of this would be in breach of the stop notice.

Cllr Jonathan Bird, Cabinet Member for Planning and Regeneration, said: “We are aware that there are customers due to move into their new homes before Christmas. While they should never have been sold these properties we have no desire to make what is already a stressful time for them any more difficult and we have confirmed that no action will be taken against these individual occupiers if they move into their new homes.

“The consortium of developers have ignored their obligations to deliver the cafes, bars and restaurants that will make the Waterfront a thriving community. Fully aware that they were in breach of the conditions of the planning permission they have misled their customers by selling homes that were not allowed by conditions of the planning consent to be occupied. This is indicative of how they view their obligations to the local community.

“While we now feel there is no alternative to taking the strongest possible action to force the developers to begin building the district centre, we do not feel that families that have not been informed of the relevant conditions by the developers should have to suffer. The Council has no intention of pursuing legal action against any individual occupiers but is using all powers available to it to ensure the developers are held to account.”

In light of the continued failure of the consortium of housebuilders operating at the Waterfront to deliver on their obligations under the planning permission granted the Council served a formal Breach of Planning Condition Enforcement Notice on 3rd December.

This prohibits the further occupation of new homes on the South Quay Parkside part of Barry Waterfront until the completion of the café and restaurant units in the District Centre, unless the Council agrees a revised timeframe through a formal planning application.

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