SOME BACKGROUND: 

Southwark Planning Committee granted Draft Consent to the following amended planning application from Angel Property on July 22nd 2008:

- Residents' garden on site of Block E, with Community access during daylight hours to Block E footprint zone only. Design is to follow JFRA Planning Consent from 2004, and will include a new childrens' play area for the under-5s and a new, enlarged refuse / re-cycling store accessible to Council vehicles from Rothsay Street.

- 18 Affordable housing units in Block D.

- Angel WITHDREW their Appeal. The right of appeal cannot be invoked twice by Angel. 

Angel Property will also need to ensure the chimney is repaired and cleaned, and that the un-finished landscape works across the remainder of the site are completed.

The current situation (19.01.08) is that Angel had failed to sign the Section 106 Agreement within a reasonable time after the planning committee's decision in July 2008. Southwark have issued an enforcement notice in respect of Block D effective from 28.02.09 unless the S106 agreement is concluded. (See home page for more details).

We continue to be in touch with the Planners at Southwark for more information and will update residents when we have any further substantive news to report.

The latest detailed construction plans for the garden are attached on the homepage - this work will not commence until the S106 agreement or any prospective enforcement action is concluded.

We continue to work hard for all Residents and press for the best possible garden and landscaping - however please note that until the Section 106 agreement is signed, we do not expect any works to commence on-site.

This posting has been moved form the homepage to the planning page:

 POSTED W/E 23.01.09

UPDATED 03.03.09

Southwark Council issued w/e 23.01.09 an Enforcement Notice to Angel Property in relation to Block D.

Southwark Council advise that the enforcement notice does not affect any residents with Land Registry-Registered Leases held on car park spaces in the Block D car park.

The Enforcement Notice also does not affect the Freehold Offer for Sale nor Purchase process because Block D - as an un-occupied and in-finished Block - is not included in Angel's offer for sale and therefore will not form part of the freehold purchase.

Southwark Council advise that any resident renting their spaces from Angel Property or parking in the Car Park under any arrangement other than a Land Registry recorded Lease should be aware that Angel Property has been placed on notice to vacate occupation of any un-sold car park spaces by 28.02.09.

The stated purpose of the Notice was to apply a deadline date of 28.02.09 to signing of the Section 106 agreement (which has now been completed – 27.02.09) and to enable completion of the outstanding Jam Factory Estate areas: Block D affordable housing, and the Community Garden. Completion of the Section 106 agreement has  also formalised under planning conditions all other remaining incomplete landscape areas.

If Angel Property had failed to complete the requirements of the Section 106 process the enforcement notice would have become active. This would have meant that if no steps had been taken by Angel to meet the requirements of the Enforcement Notice and Draft Section 106 agreement one month after 28.02.09, then the Authority would have had the right to prosecute Angel and /or take steps to have had the outstanding works undertaken by contractors and charged this to Angel.

 As is the case with all Enforcement Notices, Angel would have had the right of appeal - the statutory application fees for this are £14,070. Any Appeal must have been received before 28.02.09.