Please bear with us - this is a complicated issue - but if you own, or rent1, property in the Columbus Point area of the South Harbour it is important.
April Update
1. Drought Order. Persimmon have informed us that they have been served a water use ban. We wrote to them asking that they ensure that the water feature does not deteriorate into a stagnant, foul-smelling nuisance while the ban is in place. We also asked them to ensure that, if the feature was to be emptied, that is was well rinsed down, and that it was regularly monitored to ensure that the structure is kept clean and safe and free of any accumulated rain water, and rubbish.
Persimmon responded by saying “Maintenance and inspections will continue, and it is our intention to keep the feature in a condition suitable to re-commence when permitted. We are currently investigating some replacement of underground pipework [News to us], so may require a reservoir of water for testing purposes, however it is our intention to drain down in the the near future but we are awaiting some clarification on any implications with equipment.”
2. Proposed meeting with Fell Reynolds. Persimmon proposed a meeting between us (WFAG), themselves, Fell Reynolds and their “legal representative”. We responded by saying that with the prospect of a EBC structural survey of the feature, and because of the delays to repairs the drought order will no doubt cause, we felt this meeting would be premature if, as it appears , it is primarily to discuss handover and operation by a management agent. We said that we felt we could not endorse any move towards a handover until after a full survey has taken place and the findings thoroughly reviewed. We did say we wished to maintain a dialogue with them and would meet them when appropriate matters arise.
March Update.
Following delivery of our newsletter, over 30 of property owners have been in touch with us and many have written to Persimmon and the local councillors. No one has yet received a reply from Persimmon, but we are confident that the letters have made an impact.
The Action Group had a positive on-site meeting with EBC planning officials on Thursday 8 March. During a tour of the feature, the officials seemed genuinely surprised and quite disturbed at the poor state of the structure and the poor quality of the fittings being installed.
The state of the feature was obviously no surprise to us, but the shocked reaction of the officials did show that the on-site meeting opened EBC eyes to the current shabbiness of the feature, and the reality of the issues we have been raising.
Following the walk around, EBC agreed that an independent, full structural survey is called for, and have agreed to start examining the feasibility and practicalities of achieving this, including its funding. Persimmon would have to agree to allow a survey to take place as full access will be required (e.g. to the pump houses); EBC are arranging to meet Persimmon shortly. We have offered to help draw up the brief for any survey.
We have received no further communication from Persimmon about the proposed hand-over, and the meeting they were going to arrange between us, them and Fell Reynolds has not materialised.
• We have written some additional Notes about the situation (click here to read them).
• We have produced a Newsletter for property owners (click here to read it). Printed copies have gone through letterboxes of relevant properties.
Background
• For the past year a group of South Harbour residents2 have been engaging with developers Persimmon Homes and EBC about the poor condition of the water feature and its proposed hand-over to residents. The group have been reporting back to local resident associations.
• The group has now been told that Persimmon are ignoring the concerns the residents laid before them3 and are steam-rolling a hand-over to the property owners' management company (Columbus Point (Management Company) Limited), which, by virtue of their home ownership deeds, around 370 South Harbour property owners belong to as members.
• A handover has been delayed for many years while Persimmon struggled to properly complete and maintain the water feature. During the majority of this time no monies have been collected or retained, so there are no funds currently available.
• After handover the members of the management company (i.e. the 370 contracted property owners), will be responsible for all running costs associated with the water feature and for its maintenance and repair.
• Until handover, the management company is run by a director appointed by the developer and the prospective members have no say in the running of the company. After handover, the members may appoint directors.
What is Now Proposed?
• The developer now proposes that the water feature is managed on behalf of the property owners' management company by Fell Reynolds, the Folkestone-based property management company. Fell Reynolds would manage the water feature, charge the property owners' management company accordingly, and collect the payments from each company member (the 370 property owners). So far as we know, Fell Reynolds have no specialist expertise in water feature management.
• We believe the water feature should not be handed over without a 12 month test running period with full paperwork transparency to establish the actual costs of running and maintaining it.
• We also believe that the water feature is not working properly, it needs to be re-coated, the electrical, plumbing and pumping systems need to be tested and certified, and it may be leaking vast amounts of water. In short, it is not in a fit state to be handed over.
• We also believe that a proper independent survey should be carried out to determine why the feature appears to breakdown so often, why it uses excessive amounts of water, whether it meets health and public safety regulations, and to identify any other issues (e.g. the lighting) that need attending to by the developer before handover.
• Although we have been denied any actual figures4, we are very concerned that the running costs could be hundreds of pounds per month for water alone, let alone the chemicals used to control algae and the general day to day maintenance. We believe that until actual current costs are established any proposed annual charge is only guesswork.
• We have argued with EBC that as the feature was part of a 106 agreement, the developer should not be able to hand it over to residents until EBC have certified that the feature has been satisfactorily completed. This has never been done, and EBC now say it is not necessary - they also admit that the particular 106 agreement could have been drawn up a lot better.
What to do?
• We don't really know what to do next - we've tried to get Persimmon to work with the residents, or at least tell them what is going on, but it has fallen on deaf ears. It is clear they now just want shot of it.
• Whether we have any legal rights or comeback is difficult to tell as we have no legal experts amongst us - does any one wish to step up? Nor do we know what sort of contractual arrangements Persimmon may set in place with Fell Reynolds ahead of handover.
• Persimmon appear to be moving fast on this; if you are concerned please write to them to let them know as a matter of urgency.
Russell Brewer
Technical Manager
Persimmon Homes South Coast
Park View House
100 Wickham Road
Fareham
PO16 7HT
Tel. 01329 514300
russell.brewer@persimmonhomes.com
• You may also wish to involve local councillors:
Ward Cllr Philip Ede -01323-470795 -councillor.ede@eastbourne.gov.uk
Ward Cllr Gordon Jenkins - 07771-760159 - councillor.jenkins@eastbourne.gov.uk
Ward Cllr Patrick Warner - 01323-471679 - councillor.warner@eastbourne.gov.uk
County Cllr David Elkin - 01323-417817- cllr.david.elkin@eastsussex.gov.uk
• And please copy us in or contact us at - water.feature@btinternet.com
Notes:
1. If you rent property in the area of the water feature please bring this matter to the attention of your landlord.
2. The Water Feature Action Group consists of: Bruno Di Lieto - Dominica Court; Sandra Cheesman - San Juan Court; Tony Smith - Dominica Court; Matt Shaw - Dominica Court; Mike Grills - Dominica Court. They report back to The Dominica Court Residents Association and The Columbus Point Residents Committee.
3. The unsatisfactory condition of the water feature for such a long period (years) and the inconsistency of the remedial works and day to day maintenance.
4. We were able to monitor water meters in the grounds of Dominica that we understand supply the water feature and these showed consumption between 2 Dec 2011 and 3 Feb 2012 of 1256 units. @ 144pp3m = £1,808.64 (approx).
• We will be adding more documents here shortly - check back soon.
• In the meantime Click Here for the Water Feature History page...
• We are grateful to the SHRA for hosting these web pages for us.