2022. Below was mostly written at the time the flats were being marketed and was written as a page in the old Talacrefacts site, headed "Prince's Park". It is still largely relevant and if ever Camden decides to enforce what was agreed in the s106 agreements (for which £1.1m in cash is held my Camden as security), this text will be worth reading. Where possible, references to attachments now show links and not attachments.
Also, the Latest News page of the old Savetalacre site has some 25 attachments which are linked below as some may not be found elsewhere on this site so need to be available-
16.8.13 Text for letters to buyers.doc (30k) 7 Oct 2013, 19:35
16.8.13 Text for letters to solicitors.doc (42k) 7 Oct 2013, 19:36
23.9.13 Text for letters to solicitors and copied to buyers .doc (65k) 5 Oct 2013, 15:05
25.7.12 Letter to Kingfields, London and emailed to them in Singapore.doc (45k) 30 Jul 2012, 12:05
5. Talacre launch picket single page leaflet .doc (26k) 5 Mar 2013, 15:06
6.11.12. Land Registry extract for NGL637463.pdf (13k), 15 Nov 2012, 11:53
Ch Friends of Talacre to SV 7.7.11.pdf (98k 5 Jan 2013, 12:47
EU JC article ISS334-6-community 21.3.13.pdf (1526k) 21 Mar 2013, 20:19
FinanceModelshowinguseof£1.1mCashDepositandServiceCharges.xlsx (26k) 12 Jul 2011, 16:25
Findondocumenttocouncillors24.6.11.pdf (4704k) 8 Jul 2011, 15:26
Fraser Fact Sheet pages 1,7 and 8.pdf (220k)10 Jul 2012, 19:06
Hong Kong Standard 28.6.12.pdf (246k)10 Jul 2012, 19:05
LR extract 23.1.15 at 20.6.15 for NGL637463.pdf (3291k), 22 Jun 2015, 11:28
LR extract 4.12 2014 at 14.6.15 for NGL637463.pdf (15k) 17 Jun 2015, 15:37
Marshall Levine to Head of Camden Legal Services 20.6.12.pdf (125k)17 Jul 2012, 12:39
NH to SV 5.7.11 re AP19 and Prince Schedule.pdf (199k) 5 Jan 2013, 12:46
NH to SV 7.7.11 re Findon document given to Councillors.pdf (376k) 5 Jan 2013, 12:47
Press Release to Chinese press following photo shoot.doc (25k) 21 Mar 2013, 20:19
Press pack contents for Photo Shoot.doc (35k) 11 Mar 2013, 21:36
Scaffold license approval 7.11.12..pdf (70k)15 Nov 2012, 12:04
TownGreenOPMreportonconsultationtoExec2009-05-27Item09B.pdf (202k) 4 Jan 2011, 17:55
TownGreenReportofoffficerstoExec2009-05-27Item09.pdf (69k) 4 Jan 2011, 17:55
Ver Construction Ltd Cert of Inc etc.pdf (85k)8 Jan 2013, 20:09
wysk2.doc (31k)10 Jul 2012, 19:0
Updated 24.6.14
In June 2012, the developer started to market, off plan, the 36 private flats including holding open days. See Attachment #1 at the bottom of this page.[now linked]
These are some of the facts anyone interested should know:
SERVICE CHARGES. A "Fact Sheet" provided by the Developer stated that Service Charges will be about £4 per sq ft. We calculate that to mean the charges for the average 1, 2 and 3 bedroom flat would amount to about £1800, £3,300 and £4,600 pa respectively. These are amazingly high even for London. However, we estimate that they need to be much higher, perhaps two or three times that amount.
This is due to the development being unique because the flats are build on top of the road which until 11th June 2012 provided access for vehicles and pedestrians to the Talacre Community Sports Centre (TCSC). The TCSC is very popular, having roughly a third of the number of visitors as the London Zoo.
The development has had to include a new road to replace the one that is occupied by the building. This new road is so narrow (4.8m wide for most of its distance) that it has to have marshals to manage it for all time. It has no pavements and is crammed in between the building itself and a mews with arches containing businesses including a brewery. Pedestrians are meant to use a route which is also part of the development so has to be managed, on the other side of the building. The cost of employing the marshals and of the upkeep of the road and pedestrian route falls on the owners of the private flats and therefore has to be included in their service charges. (Because the developer has an obligation to enter into a contract for marshalling for three years prior to the flats being occupied, it might be possible for the service charges for those years not to reflect some or all the marshalling costs but it would mean a dramatic increase would take place in year four)
ONEROUS S106 OBLIGATIONS. An agreement known as a s106 agreement sets out the planning conditions. Owners of flats will take on extremely onerous obligations which will apply for all time and which are open ended. To appreciate this, you should read the Supplementary s106 agreement, “s106” dated 30.9.08. It is attachment #2 at the bottom of this page. [now linked] It is 86 pages long. Below we give extracts of the more important sections and explain what they could mean in practice. That agreement contains all that had to be added to the original s106 in order to include for the special access arrangements mentioned below. It is important to appreciate that there were two s106 agreements signed on 30.9.2008. The one known as "re-executed s106" contains little of interest. It is the 86 page Supplementary s106 which matters to buyers. A Word version of that document is also attached, with a contents page and the more important clauses affecting buyers, highlighted (if downloaded using the down arrow, the links in the Contents page should work and search using Ctrl-F should also work). [Now linked]
The obligations in a s106 agreement fall on all those with “an interest in the land”. The following is an extract of Camden's submission to the public enquiry
"31. LBC [Camden] rely on the s106 agreement. It has to be remembered this provides three important safeguards for Camden. A - the obligations run with the land. Anybody who buys the land from the current owners or in any other way is a successor to them (eg a long leaseholder in the flats, ...will be liable to keep the marshal on site and to maintain the footpath and the access road...".
In practice, the responsibility will rest upon the 36 private flats and if they don’t fulfil it, their owners will face legal action and possession from Camden.
As at 26.6.12 there had been no reference to it on the UK Land Registry website (Title Number:NGL637463). Only the original s106 agreement was shown there. It could, however, be found on the Camden Planning site reference 2005/4187/P It is part of a number of separate postings on the site which makes it less accessible than the attachment at the bottom of this page. This Camden site contains the original s106 agreement separately and the Re-Executed s106 dated 30.9.12 joined with the Sup s106. For an explanation of the relationship of these three s106s, see the final posting listed (mistakenly twice).
On 19.7.12 both the Re-executed and Supplementary s106s were filed at the land registry (after we had pointed out that the supplementary s106 contained an obligation for it to be filed within 28 days of 30.9.08). It was pointed out to us that this oversight by the developer was not of major consequence as in the normal way, buyers would find out about such matters from the Local Authority searches carried out by buyer's solicitors prior to exchange of contract.
WHAT FOLLOWS IS A DRAFT GUIDE TO SOME OF THE MORE ONEROUS CLAUSES IN THE SUP S106 AGREEMENT. IT CONTAINS OUR COMMENTS WHICH ARE NOT A SUBSTITUTE FOR LEGAL ADVICE. ANYONE CONSIDERING BUYING A FLAT OR FLATS OR LENDING TO A PURCHASER SHOULD READ THE FULL SUPPLEMENTAL S106 AGREEMENT OF 30 SEPTEMBER 2008 WHICH IS ATTACHMENT 2.
INTRODUCTION
The following are some of the clauses in the Sup s106 agreement which are understood to protect the public amenity, together with our understanding of their purpose and background.
The Sup s106 is the main legal agreement between Camden and the “owners of the land” as defined in planning law and understood to be anyone with an interest in the land which would mainly be the owners or leaseholders of the private flats.
Extracts from Supplementary s106 agreement (Sup s106) dated 30.9.08 related to the obligations of Leaseholders, Freeholders of Flats etc, arising from the access requirements
SOME CRITICAL CLAUSES AND THEIR BACKGROUND AS UNDERSTOOD BY US
2.20 “The Paramount Objective”
The overriding objective underpinning this Agreement (which both parties shall have regard to and give effect to carrying out and enforcing the obligations of this Agreement and the plans/briefs incorporated herein) such objective being the absolute requirement to safeguard secure and guarantee public amenity and safe free marshalled properly maintained and commodious access for the public at large to and from the Leisure Centre (either in its current built form or in any later rebuilt form which has been granted planning permission) and specifically over the Pedestrian Access Way and Permanent Access Way
[This clause was added along with several references to the defined term, due to the desire to see more clarity that the public amenity was not to suffer as a result of the existing road being sold, stopped up and built on top of and new accesses being provided.]
4.23 The Owner covenants that it will give full effect to the overriding requirement to secure the Paramount Objective in carrying out its obligations under this Agreement and agrees to do nothing that will conflict with or impede the Paramount Objective and in the event that the Council in its reasonable opinion (after taking into account any representations made by the Owner and balancing the need to secure the Paramount Objective (having regard both to the past operation of the Plans/Brief and arrangements under this Agreement and to any changes or proposed changes in the built environment I highway network/ open space in the vicinity of the Development) against the reasonable operational requirements of the Owner) concludes that the Paramount Objective is being breached (or fundamentally compromised or impeded) by any action or inaction on the part of the Owner it may serve notice on the Owner to this effect setting out the steps that the Council reasonably considers would remedy such breach or fundamental compromise and in the event of receipt of such notice the Owner shall at its own expense comply with the requirements of such notice as soon as reasonably practicable
[This describes the Council’s rights to enforce the Paramount Objective]
4.25 In the event that in the reasonable opinion of the Council the Owner at any time after the Occupation Date is in material breach of the obligations in this Agreement to the extent that the Paramount Objective is seriously compromised the Owner covenants that upon receipt of written notice from the Council it shall as soon as reasonably practicable dedicate any areas of land specified in the notice (being any part of the Permanent Access Way or the Pedestrian Access Way) as highway within the meaning of the Highways Act 1980 upon such terms as the Council considers reasonably necessary (including terms as to future maintenance) to secure the Paramount Objective ALWAYS PROVIDED THAT the parties acknowledge that the right of the Council to serve such notice is without prejudice to the Council's right to enforce the obligations of this Agreement on the Owner and shall not in anyway be taken as diminishing or altering the requirements on the Owner under this Agreement for the Owner to comply with such obligations.
[The development including the flats is on top of the road “Dalby Street” that was owned by the Council. It agreed to sell the road and an adjacent plot of land and to assist in getting the road stopped up in order for the planning consent to be exploited.]
5.6 The parties hereto and their successors in title agree to meet (in accordance with the requirements set out in the Agreed Service Management Plan and the Traffic Marshalling Brief) on at least an annual basis unless both parties agree such a meeting is unnecessary to consider the Agreed Permanent Access Plan and the Agreed Pedestrian Access Plan and the Agreed Service Management Plan and the Traffic Marshalling Brief to make any amendments which they may agree are desirable at that time for the safe and efficient operation of the Permanent Access Way and the Pedestrian Access Way.
[Similar to what is in more detail in Schedule 5 clause 28 below]
Schedule 5. The Agreed Service Management Plan
MARSHALS
6 That a marshal will be employed at all times that the Leisure Centre is open and also for one hour prior to the Leisure Centre opening and one hour after the Leisure Centre closes, in order to maintain the free of traffic along the access road for all vehicles and manage servicing/delivery activity. The marshal shall ensure the following: ….
[The duties of the marshals are set out at length in what follows the above extract and demonstrates their essential role in ensuring that access at the optimum level is secured. At the public enquiry in 2008, the developer tabled AP19 which can be found as attachment 3. [Now linked] It includes an estimate of the cost of one marshal for that time as £82,768 at 10.1.2008. It is possible for the extent of marshaling to be increased or reduced due to these schedules of access plans being defined as capable of being changed. It has frequently been publicly stated that at busy times, there could be a need for an additional marshal at the junction with the main road (Prince of Wales Road). It is the contention of local observers that the need is for an additional marshal full time at that critical junction. Camden has recently stated that they have no plans to change the above obligation ie one full time marshal at the start. £82,768 , 4 ½ years ago, could be £100k at the time the flats are completed. There are 36 private flats understood to be the only source of funds, through service charges, to finance that amount which means that an average flat would have to bear nearly £3k. Advertising of flats seen in late June 2012 state that service charges are estimated to be £4 per sq ft. The AP19 document showed the total area of the private flats to be 23,314 sq ft. That would only provide £93,256 and then there would be the other costs of maintaining these special access routes. None of these costs provide any benefit to the private flats. On top of that, the service charge of course have to cover normal costs for concierge etc. Thus there appears to be a major discrepancy]
MONITORING
28 The Council as highway authority has agreed to the Stopping Up Order and the Further Stopping Up Order on the basis that the Paramount Objective shall be secured in perpetuity through the effective operation of the Agreed Permanent Access Plan, the Agreed Pedestrian Access Plan, the Agreed Service Management Plan and the Traffic Marshalling Brief (“the Plans/Brief”). The parties agree that the operation of these Plans/Brief shall be subject of continuous review by the Council to secure the Paramount Objective on an ongoing basis - this review to take place at least annually (or at shorter intervals If the Council reasonably considers that such review is required in the interests of securing the Paramount Objective.) In determining whether the Paramount Objective is being secured, the Council will have regard both to the past operation of the Plans/Brief, but also to any changes or proposed changes in the built environment / highway network / open space in the vicinity of the Development. As part of that review, the Council may require the Owner to produce such reasonable information on the operation of the Plans/Brief as the Council may reasonably require.
[Gives the Council the right unilaterally to review the terms of the access agreements at any time. Representations made prior to this clause being inserted pointed out that the Sports Centre is a place where changes in its operation and requirements for maintenance and even rebuilding constantly take place. If the damage to its interests is to be reduced, the marshalling and other access features have to be capable of speedy change and without there being any risk of objection]
29 In reviewing the operation of the Plans/Brief, the Council may require the Owner to make amendments to the operating arrangements for such Plans if the Council reasonably considers this to be necessary to safeguard the Paramount Objective (Whether these changes are in the reasonable opinion of the Council required in light of the past operation of the Plans/Brief or in response to any changes or proposed changes in the built environment / highway network / open space in the vicinity of the Development). For the avoidance of doubt, the Owner shall comply with the Plans/Brief as amended by the Council even if this requires increased expenditure falling upon the owner.
[This follows the concern expressed that a loose wording might cause there to be doubt as to the obligation to provide whatever is needed in the event of operational, maintenance (routine and major, planned and unplanned). The Council’s right to unilaterally impose obligations is again stated]
30 For the avoidance of doubt, the Council shall act reasonably in requiring any amendments to be made, taking into account any representations made by the Owner and balancing the need to secure the Paramount Objective against the reasonable operational requirements of the Owner. For the avoidance of doubt, the Owner shall comply with the Plans as amended by the Council.
[This requires reasonableness in relation to the operational requirements of the Owner. The Owner is anyone with an interest in the land including the freeholders or leaseholders of the private flats, the RSL and the NHS. Their operational requirements in this context would not seem to be significant but might include ability of cars entering and leaving the car park not to be unduly hindered, recycling etc not to be obstructed]
31 That if following a review, the Plan requires updating it shall only be done so with the prior written approval of the Council. For the avoidance of doubt if the written approval of the Council is not obtained the previously agreed arrangements shall remain in place.
[This remained in from earlier versions before it was decided that, although the Council reckoned it was protected, it needed there to be the clarity which can be seen in the other clauses]
32 That it is acknowledged that the Council reserves the right to make amendments to this plan if required to safeguard public amenity and the reasonable access requirements of the Leisure Centre and for the avoidance of doubt in the event of the Council making any such amendment the Owner shall comply with the Plan in its amended form.
[This puts it beyond all doubt that the Council has a right to impose its decisions as to what is needed to protect the Paramount Objective defined in clause 2.20 of this Sup s106]
See also in particular:
Schedule 3 Agreed Permanent Access Plan
Schedule 4 Agreed Pedestrian Access Plan
Schedule 6 The Traffic Marshalling Brief
RAILWAY STATION. The flats are within a few metres of a railway station. For example, one flat is 7 metres from the platform where four west bound trains an hour stop. Goods trains go through during the day and night. Station announcements are made over 30 times an hour and can be heard between 50 and 200m away
PARKING.· The development is “car capped” which means that no occupier of a flat can obtain a Camden resident’s parking permit to park in Camden’s streets or rent a Council owned garage. All (or 99%) of the borough is covered by residents parking or pay and display spaces. There are 11 parking spaces in the underground car park of the development which can be bought for £30,000 each. The area there is very cramped
NEIGHBORHOOD. The development overlooks Talacre park. It is a “Town Green” – the only one (?)in London. It became a Town Green because of the opposition of people from a wide area to the Prince’s Park development. See attachments on the Latest News page of this website of a report commissioned by the Council which was followed by the Council’s dramatic decision to apply for Town Green status. Local and wider hostility to this development can also be seen by reading the press cuttings found via the Press Articles and Letters page of this website. See here and here and here and here for the above "attachments"