Seabrook Action Group
Newsletter (5 July 2021)
This newsletter is being distributed to over 80 households in Seabrook Orchards who have asked to receive information from the recently formed Seabrook Action Group.
Life has moved on since our “Update 1” mailing of 17th June. This Newsletter builds on and effectively replaces that initial mailing.
Thank you to all those who have contributed questions, ideas and comments over the last couple of weeks. We would welcome further comments and responses to what follows!
- Formation and Coordination of the Seabrook Action Group
The Seabrook Action Group (SAG) was set up a month ago by a small group of Seabrook residents who came together in order to get the ball rolling on matters of mutual concern.
We have been asked about the coordinating group, which currently has three members:
- Tracey Brady, a resident of Market Mews since 2018, is a Managing Director of a Corporate Governance business based in London and Exeter.
- Gordon Edwardslives in Pidsley Cres. Before retirement he worked in manufacturing as a Production Manager/Director, and as Health & Safety Officer for Devon & Cornwall Police.
- Andrew Sails has lived in Bosun Cl since 2017. A retired Methodist Minister, he also worked for a number of years for the NHS/Dept of Health developing national training initiatives
Between us we believe we have some relevant experience, but recognize that there are other residents who are equally if not better qualified, and who might wish to put themselves forward to help take a lead in the project at this stage.
We are trying to keep the central coordinating group fairly small at the moment, but please let us know if you would like to work as part of it. In due course we hope to set up a formally constituted Seabrook Residents’ Group, at which point the initial coordinating group would obviously stand aside to be replaced by formally elected officers.
- Seabrook Orchards and the Newcourt Community Association (NCA)
NCA was set up to help build a sense of community across the whole of the Newcourt “village” (from Seabrook to Sandy Park and across to IKEA). All of us living in Newcourt are deemed members, and all receive copies of Newcourt News. (NB With the building of the Newcourt Community Centre, an additional, more formal Charitable Incorporated Organization (CIO) was also formed, with all Newcourt residents able to apply for membership).
One of the key reasons for floating the Seabrook Action Group idea was to explore the possibility of setting up a group able to focus exclusively on Seabrook, and speak on our behalf in discussion with Bloor, the Management Company and others. A key question is whether such a group should be independent of, or linked to, the NCA.
We have checked this with NCA, and have been assured that any area of Newcourt has the option to form its own largely autonomous local community group, affiliated to the NCA. This could be of benefit, allowing us share NCA resources, and also NCA links with other bodies such as Exeter City Council. We are aware that when we first floated the Action Group idea, a few people expressed a preference for an entirely independent group. However, given the large degree of autonomy and very light touch affiliation proposed, it might be helpful to work with NCA in this way. We would welcome views of other Seabrook residents on this.
It is suggested that we might retain the working title of “Seabrook Action Group” (SAG). There would be no need to get involved with the legal complexities of setting up a charity. If and when we get to the stage of holding meetings, we would probably prefer to use meeting space in the school rather than in the Newcourt Community Centre, on account of its location.
We hope that Seabrook concerns might be addressed as an item at the next NCA AGM (to be held at 8 pm on Tue 28 Sept). A small number of Seabrook residents have attended previous AGMs, and it is hoped that more of us might attend this year.
- Seabrook Orchards Management Company
The SAG Coordinating Group has been trying to establish the precise relationship between Bloor, the Seabrook Orchards Management Company (SOMC), and Seabrook residents. This has not proved as straightforward as we might have hoped, but we are making some progress. What follows is in part based on 2019 documentation, and may possibly need some updating.
3.1 The Relationship of Bloor and SOMC
When a building development is agreed, the owners of the land to be developed (in this case the Darts) transfer the ownership of the land for the period of the development to the developer (Bloor). When each phase of the development is complete, the developer relinquishes the ownership of, and responsibility for, the communal elements of that phase. In the case of Seabrook, the communal land is to be transferred to the SOMC.
SOMC is registered at Companies House as a dormant company with three members of the Dart family shown as directors.
Sections 9-12 of the Transfer of Title document deals with the SOMC (in some early versions referred to as the “Rentcharge Owner”). This specifies that SOMC is among other things required to “maintain repair cultivate and where necessary renew” the Management Areas and their facilities and the Attenuation Pond. At a first glance, this seems to talk about maintaining rather than developing community resources.
Communal areas should be shown on a current “Managed areas plan”, and should be clearly indicated on the current Estate Plan. Unfortunately, the Bloor Sales Office does not have current copies of either these documents, but merely refers to the plan on their wall which they use for sales purposes.
We have had sight of the managed land plan dated 2019, but we really need to see the current plans to check if any amendments have subsequently been made.
Developers cannot arbitrarily remove managed areas from the plans, but they can alter the configuration and detail of specific components. It would for example be good to confirm that the current plans still include a second play area as shown on the wall of the Sales Office.
The bridge between Phase 1 and Phase 2 is shown as the boundary point between the Phase 1 and Phase 2 managed areas.
3.2 Section 38
The Section 38 agreement deals with roads. These remain the responsibility of the developer (Bloor) until the final Phase is completed (evidently a number of years away). At that point they are handed over to the local authority for adoption. We need to check for any subsequent revisions, but the latest Section 38 documents we have seen for Phase 1 show all the tarmacked roads and a good number of blocked roads as down to be adopted (including for example Market Mews, Pidsley Cres and Bosun Close). However a number of significant smaller blocked roads appear not to be down for adoption (including Anchor Row, Merchant Row, Cheffers Mews, Salmon Mews, and Ken May Mews) and these would presumably remain the responsibility of SOMC.
3.3 Responsibility prior to handover
Prior to transfer, Bloor retain responsibility for maintaining all communal land, but can cover their costs by claiming money back from the sinking fund set up by the Management Company. In practice, most developers (including Bloor) prioritize care and maintenance of common areas adjacent to their sales office.
3.4 Handover Date and Timetable
Bloor tell us that “We are in the process of inspecting and handing over phase 1”. Indeed “there are completed areas in the Seabrook corridor which the Man Co are currently responsible for.” However the handover has not yet been completed, presumably because there are still issues to be resolved with Bloor before SOMC accept the land. We have not as yet seen a timetable for the completion of the handover of Phase 1.
3.5 Management Company Invoices
It would normally be expected that prior to handover, the Management Company would write to all residents giving notice of handover, indicating clearly the managed areas which were being transferred, and giving advance notice of the issue of invoices.
Much confusion and consternation has been caused because the Management Company has simply issued invoices without adequate notice or sufficient supporting information. The financial figures provided beg a considerable number of questions.
All owners have to pay the initial SOMC fee (currently £250) on completion. We know that some residents who have moved in within the last 12 months have not received further invoices, but others apparently have done so.
It is not clear why any invoices have been sent at this stage, as it appears that the handover of Phase 1 has yet to be completed. We certainly need to question why invoices have been sent to residents in Phase 2, where handover is some considerable way away.
As the invoices were sent to “the Owner” not a named person, it seems doubtful whether these would be legally enforceable anyway.
However, it is important to understand that on purchase of their property, all owners have entered into a legal agreement as shown in the PF1 conveyance document (in the versions we have seen this is in sections 9 and 10). This appears to say that if payment is not made to SOMC at the correct time, they must send a notice that you are in arrears. You then have three months from receipt of the notice to pay up. After which – if payment is still due – SOMC have the right to enter and hold the property and do anything necessary to recover moneys due.
We are aware that a considerable number of residents have yet to pay the invoice, pending any responses to letters sent to SOMC. Seabrook Action Group is trying to clarify issues and share information, and we hope this is proving helpful, but we cannot give formal advice regarding payment or non-payment of invoices. Please note the important Disclaimer at the end of this Newsletter.
3.6 Residents Involvement in the Management Company
The Management Company Articles of Association provide for members attending General Meetings etc, but members have to be approved by the current Directors – all members of the Dart family. As far as we are aware, no residents have to date applied for membership, nor do we know whether such applications would be accepted. Nor are we aware of any arrangements to hold an SOMC AGM.
3.7 Planning Permission
We are intending to check regarding any outstanding issues relating to Seabrook planning applications.
There was some considerable correspondence around Dec 2020 regarding potential changes to the use of common ground along the corridor beneath the pylons, and this was apparently dealt with via a non-material minor amendment application relating to the production of a potential alternate master plan. This correspondence predated the Action Group. Has anyone been involved in any subsequent conversations about this?
3.8 Next Steps
We need clarity on a number of key issues including (a) timetable for handing over Phase 1, (b) precise details of the managed area and the current estate plan, (c) details of SOMC membership and (d) explanations regarding the status of SOMC invoices. It would be very helpful if we could open up conversations with Bloor, and probably more importantly with SOMC, and at present we are working on establishing meaningful dialogue.
We are aware that a number of residents are continuing to send messages to Bloor and SOMC. Please let us know should you get any replies or even acknowledgment!
There are those who have asked whether we should not be more assertive and involve the press and social media etc at certain points in order to put pressure on Bloor and SOMC. But that could of course establish a long term confrontational rather than collaborative narrative which would not necessarily be to anyone’s advantage.
We would welcome the views of other residents on the best way forward.
- Issues to be taken up with Bloor/SOMC, and other matters of community concern
Thanks to many of you who have raised specific issues which might be taken up by the Action Group in addition to matters raised above. At the moment we are simply logging these issues by way of a check list, but hope that in due course we may be able to take some of these forward. Please let us know if you would be willing and able to help tackle one or more of these issues on our behalf.
This list of concerns is an expanded and amended version of the list included in our first mailing:
- Initial promises about community facilities including plaza, café, GP surgery, shop, allotments etc postponed or abandoned.
- Plans and timescale for the communal corridor of land between Phase 1 and Phase 2.
- Plans and timescale for the land between Harvest Lane/Savoy St and the motorway
- The inadequate acoustic barrier between the M5 and Seabrook. The need to plant trees early in order to give them time to grow.
- Concerns about potential access to open land by travellers’ groups
- Weeds in planted beds and general untidiness of much of the estate
- Children’s play area too close to open pond and power lines
- Provision of good quality footpaths linking the Millennium Woods to Ronald Gardens and the Phase 1/Phase 2 link road
- Update on the Persimmon ransom strip preventing the opening of the road from Phase 2 to Vernon Cres
- Problems with speeding vehicles. Need to ensure that as and when the road between Phase 2 and Vernon Cres is opened up, Dart Avenue does not become a rat run.
- Parking – problems with badly parked vehicles partially obscuring sightlines and obstructing difficult and narrow junctions
- Promised marked parking spaces for some Guinness residents still not painted
- Delays in making roads up to acceptable standard
- Lack of street lighting on Ferryman Way
- Builders’ lorries using Dart Avenue rather than the new road from Topsham Road
- Building issues especially re. roofing in Phase 1 and delays to snagging in Phase 2.
- Specific problems with antisocial behaviour
- Setting up a Neighbourhood Watch scheme
- Social cohesion – need for greater sense of community
- GDPR
Thanks to everyone who has sent GDPR permission for us to hold your email addresses.
If you haven’t done this yet, but wish to remain on our mailing list, please reply to Andrew Sails, cutting and pasting the following message. Thanks.:
“I permit the Seabrook Action Group to hold my contact details, but understand that these will not be shared with others (within or beyond the Action Group) without my specific permission.”
- DISCLAIMER NOTICE
Please note, we cannot offer advice: we are not experts and only seek to share relevant information with fellow residents. If you have any ongoing actions/issues with Bloor or SOMC you must take advice from a relevant professional.
Thanks for reading this – we hope you find it helpful. If you have comments, suggestions or offers of help relating to any of the above, please talk to any of us on the coordinating group, or email us at rev.andrew.sails@gmail.com We look forward to hearing from you.
Andrew Sails
Tracey Brady
Gordon Edwards
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