31st July 2008
Councillor Bruce Hogan proposed the following motion: -
The Forest of Dean District Council is concerned at the current controversy surrounding the decision by Two Rivers Housing to charge owner occupiers of former Forest of Dean District Council and Two Rivers Housing properties for grass cutting on former council housing estates.
This Council recognises that although it was not a party to the decision to levy these charges, the legal justification being used by Two Rivers is a clause in the deeds of conveyance originally drawn up by this council when the properties were sold.
The council therefore recognises that it has a moral, if not a legal, responsibility to use its best efforts to find a fair and equitable solution to this problem.
Furthermore, this council notes that there is clause in the deeds of conveyance of some, if not all, of the properties allowing for disputes over the level of charging for the maintenance of joint services to be settled by arbitration.
The Forest of Dean District Council resolves to:
call upon Two Rivers Housing to initiate procedures for disputes over the charging regime to be settled by free and independent arbitration.
call upon Two Rivers Housing to detail all the areas of grassland that it is expecting each owner occupier to contribute to the maintenance of, and details of the costings of the maintenance contracts.
facilitate discussions between Two Rivers Housing, the Forest of Dean District Council, representatives of the tenants and owner occupiers of the affected estates and relevant town and parish councils to find a more equitable way of funding the maintenance of open spaces which have amenity value for the whole community.
Three public questions had been submitted for consideration. Members were informed that a supplementary question would be permitted on each question.
Each member of the public was requested to refer his or her question to the council, followed by an appropriate response from the relevant officer.
1. Services on private estates
The following question was received from Amanda Sterry of 6 Mapledean, Cinderford: Services on private estates are paid for by Council Tax. Why aren't all estates paid in that way, as we all pay the same with in our tax bands .
Response from Tim Perrin, Chief Executive
Land owned by the County Council on the side of adopted highways on estates is maintained by the County Council and the costs reflected in Council Tax payments.
However, other small areas of land on private estates is cut by this council but paid for by the original developers through a commuted sum, not Council Tax.
Land owned by Two Rivers Housing on its estates is maintained by it and in the case of grass cutting the cost of this is charged to its tenants, but by virtue of the original individual sale contracts costs can also be recovered from owners of properties served by these areas. The grassed land in question is not owned by a council and therefore charges
for its maintenance cannot be reflected in Council Tax.
Supplementary question
A lot of land cut by Two Rivers Housing is land that has been adopted by the Highways Authority. Why should we be paying for services on adopted land?
The Chief Executive advised that the matter would have to be taken up with Two Rivers Housing.
2. Two Rivers Housing
The following question was received from Eric Brown, 22 York Road, Cinderford: Why weren't conveyance documents and contracts changed from the Forest of Dean District Council to Two Rivers Housing at the point of takeover?
Response from Claire Brain, Principal Legal Executive
The conveyance documents/contracts do not need to be changed. They provide that the covenants will transfer to any successors in title.
Does this apply to the third and fourth owner of the property?
The Deeds of Covenant are transferred to the next owner of the property.
3. Two Rivers Housing
The following question was received from Aidan Lancett of 14 Rectory Meadow, Longhope: Tenants were given a vote before the transfer to Two Rivers Housing, why weren't house owners, especially as we are to be charged for services alongside tenants, and the fact we have financial stakes in our homes which the tenants to not?
Response from Tim Perrin, Chief Executive:
The whole of the consultation process for the Large Scale Voluntary Transfer was prescribed by the relevant Government department. They had to be assured that we had complied with the rules before they would let us formally proceed with the transfer of the housing stock to Forest of Dean Housing. Only tenants were allowed to vote in the ballot. There was no provision for owner-occupiers to be involved in this process.
Why were owner-occupiers not consulted or allowed to vote?
Owner-occupiers were not entitled to a vote under the transfer legislation. Only the secure tenants of the council, where tenancies allowed them to occupy the properties being transferred, were entitled to a vote.
Update on Two Rivers Protest
A meeting for Two Rivers residents is being held in Cinderford to update protesters about progress with the council and the housing association.
The gathering will be on Wednesday, August 6th at the Miners Welfare Hall, Cinderford at 7pm.
Representatives from the group met Two Rivers on Tuesday evening and will meet with the district council on Thursday evening.
Spokes woman Amanda Sterry said: “This meeting is for everyone who lives on a Two Rivers site. We won’t pay and are going to keep on Fighting.”
