Corby housing estate residents say they've been 'abandoned' in squabble between developer and council

The 131-home Keepmoat Homes scheme was built on the former county council-owned Kingswood School site off Gainsborough Road in 2018.

A mix of private, affordable and social rented homes, the estate has its own play area, open spaces and a balancing pond and is popular with young families.

As with most private housing estates, the roads and green spaces had to be completed before being handed over the then Corby Borough Council who were due to formally adopt them.

Council-branded signs went up at the play area, and a council bin was placed at the gate. Residents believed the authority had taken on responsibility for the area.

But now the new North Northamptonshire Council says the formal handover never took place, while Keepmoat say they have completed all the conditions needed for the council to formally adopt the area.

Local residents left in the middle of the row are now mowing the grass themselves because they say the area has been abandoned. Public bins are full and grass is at knee-height in some places on the estate.

Councillors are attempting to mediate between the parties.

One local resident told our reporter: “When I moved here four years ago I’m sure the bin said Corby Council on it and there was a sign up at the park with the council’s name on it.

"One of the residents has had to cut the grass to make the play area useable.

"Previously it was religiously cut by Keepmoat but since last year the council haven’t cut it once. It’s a nice place to live and there are lots of families here but we don’t think the bin has been emptied since last year which is not very nice for the kids using the park.

"People have been throwing plastic in the gulley and it’s not been cleared. I just want it sorted.”

The 131 homes are spread across Oakwood Drive and Acorn Way. There is also a balancing pond at the entrance to the development that has become overgrown.

Cllr Alison Dalziel (Lab, Corby West) said: “We believe that it should have been handed over to the council in June 2021 but we now think the street was never formally adopted.

"Keepmoat have told NNC that they will no longer be maintaining the area here and that they have discharged all their Section 106 obligations,” she said.

Cllr Jean Addison (Lab, Corby West) said: “The emails that have been received from Keepmoat say that it no longer has anything to do with them.”

With any large development, a Section 106 agreement laying is signed by all parties involved. The contracts set out the developer’s obligations, including affordable homes contributions, the future of public open spaces, and financial contributions to the public purse designed to offset the impact of the development on the local community.

The agreement between Corby Council, Northamptonshire County Council and Keepmoat in 2017 transferred the school land to Keepmoat with an obligation on the developer to pay a £30,000 to improve existing bus stops, £293,000 to go towards the provision of extra places at Beanfield Primary school and secondary education in Corby, and £15,000 toward the improvement of the Danesholme Road / A6003 junction and the Jubilee Avenue / Gainsborough Road roundabout.

They also agreed to fund an ‘overage’ payment to go towards the provision of 16 affordable homes in Corby. The council had to inform Keepmoat of how that cash had been spent within six years of the development’s completion.

After the development was complete, Keepmoat had to transfer the play area to the council for a sum of £1 and then pay a one-off future maintenance fee. The council pledged to take ownership of public spaces and to use the overage payment for their ongoing maintenance.

The developer also had the option to appoint a management company made up of local residents to maintain the area, which they did not take up.

An email from a Corby Council environmental health officer written in 2020 and included in public planning documents states that she is satisfied that all conditions relating to open space on the development have been discharged by the developer.

Cllr Matt Binley (Cons, Queensway) is the NNC executive member for highways. He said that there are ongoing issues on other estates across the north of the county relating to S106 agreements with legacy councils.

"This is not in isolation,” he said.

“Our legal department are still working through the Section 106 agreement to try to get everything signed off and formalised.

"The residents here are stuck in the middle of this situation and they’re the ones bearing the brunt.

"But things have not been signed off and it’s up to Keepmoat not to renege on their responsibilities until such time as the area is signed off,

"I don’t see why, as a council, we should take on the cost of maintaining an area that is still in the hands of a private company.”

Cllr Mark Pengelly (Lab, Lloyds), the shadow member for highways, said: “We want NNC to tell us clearly what the issue is here and what they’re going to do to get it sorted out.”

Phillip Hopkins, Development Project Manager at Keepmoat East Midlands, said: “Keepmoat completed the development in 2019 and transferred the road and sewers to NNC in 2021. We also exercised the option to transfer public open spaces to the council at this time.

“Three years later NNC is yet to take ownership of the public open space, despite recommendations by local authority officers for them to adopt these areas. In the absence of a response from the council, Keepmoat will, in good faith, arrange for a maintenance visit to be undertaken as soon as possible, at our cost. We can only apologise to the residents who are sadly caught up in this situation.”

An NNC spokeswoman said: “We are aware of the adoption and can confirm the council had agreed to the transfer as part of the original S106.

"Legal Officers are instructed accordingly, however we understand a variation to the s106 agreement is required which is in the process of being agreed between the developer and North Northamptonshire Council.

"Until that matter is complete, we are unable to take ownership of the public open space. We have sympathy for the residents of the development, but must use our funds responsibly and cannot use funds or resources to take over the role Keepmoat are currently responsible for until the S106 variation has been agreed.

"Keepmoat remain responsible for the open space until that time, including handing over the open space in a good state of repair.”