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Angus transfer deal secures residents’ rights

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Angus Council’s decision to make it easier for residents in private housing estates to transfer the upkeep of open spaces to the council has been described as “local government at its best.”

Monifieth and Sidlaw councillor Jean Lee said the ruling by the neighbourhood services committee will positively affect other groups in Angus and might even have far reaching ramifications across Scotland.

Currently, developers are able to transfer open spaces on housing estates to the council to maintain, provided this is done at no cost to the council and an annuity for 20 times the annual maintenance fee is paid to the council.

Some developers have not taken this step and have made arrangements for upkeep between residents and a factoring company.

The committee heard this process had been organised at West Grange Estate, Monifieth but the residents were not satisfied with the arrangement and wished the council to take over maintenance of the grounds.

However, the residents’ group were unable to raise the 20-year annuity payment of £250,000 required.

Under this new arrangement, the residents’ association will be credited with a year’s reduction in the annuity for each year they employ the council continuously to maintain the open spaces on their estate.

If, during the 20 years, the association was able to buy the annuity, there would be a reduction in the amount charged according to the number of years the council had been maintaining the grounds.

Councillor Lee said, “The background for the residents includes years of stressful disagreement and frustration with large private companies who were not easily held to their side of contracts and yet were often over hasty in applying legal threats and court actions-but which tested the resolve and sense of fairness of those who stood up against them.Last resort”Some of the residents contacted me as a last resort and over a period of weeks and months we worked together to find a solution.

“Since last January officers in parks, business development, finance and roads and the director of neighbourhood services himself have put in effort to progress this case.

“The residents and I have been dealt with a ‘can do’ attitude at all times refreshing given that it was always my contention that this was not just about how the council services could be accessed, but how that access could be improved and changed to meet the needs of our residents.

“The fairly recent problem of factoring arrangements with private developers was not created by Angus Council it is a problem across Scotland and few local authorities have found a solution that helps their residents trapped in costly contracts which are not honoured.”

Ms Lee said great credit must be given to the staff involved in finding a solution and to the residents whom she said have shown “immense perseverance and courage in standing up for their rights and getting this far integrity intact.”

“They are wholly confident that maintenance arrangements entered into with the council will be value for money, of a high standard and very importantly, accountable,” she added.

“They trust Angus Council. This change will positively affect other groups in Angus one of which is also in my constituency and it may even affect other residents groups and local authorities across Scotland.

“This is local government at its best constituents bring an entrenched problem to an elected member and together with officers of the council they all find a solution to that problem.”

Neighbourhood services convener Jim Millar said, “In making this change, there are benefits to residents and no short-term financial implications for the council.”

The committee agreed to accept the amendment to the current arrangement.

Photo used under Creative Commons licence courtesy of Flickr user woodleywonderworks.