30 Sep 2023
A resident living near a Wheathampstead landmark is appealing to overturn a Section 106 agreement relating to her property.
When part of the former rectory in King Edward Place was transformed into the residential accommodation now known as Moat House in 2011, planning consent included a specific obligation as part of a S106.
“Schedule 1 clause 4.1-4.2 (maintenance of green land, footpaths and Crinkle Crankle Wall) of S106 agreement dated 14/07/2011 relating to 5/2010/0597 for change of use of listed building from Class B1 (office) to Class C3 (residential), removal and alterations of internal partition walls, removal of ceiling above first floor and above ground floor offices 3 & 4 and replacement front door.
“Demolition of existing flue, canteen building and lean-to structure and erection of building containing six apartments.”
Now more than 10 years later one of the residents, Chrissy Laverick, is trying to overturn the order.
The Crinkle Crankle Wall is a wavy brick wall surrounding the former garden of the Old Rectory. Dating from the early 19th century, it is the only publicly accessible example in Herts.
But the district council has refused to modify or discharge the agreement, citing: “The obligations set out in paragraphs 4.1 and 4.2 of Schedule 1 to the S106 Agreement still serve a useful purpose – namely the maintenance of the Grade II listed Crinkle Crankle Wall, and public open space.
“The clauses as currently drafted provide the council with a degree of control and the ability to ensure enforcement of the obligations. Discharging them would undermine that. The relevant clauses still serve a useful purpose.”
Wheathampstead Parish Council made the following statement ahead of the decision being made: “While WPC accepts that the S106 agreement is not ideal, it was negotiated in good faith and the Moat House residents were aware of their responsibilities for ongoing maintenance when they purchased their flats. An approach to WPC to take full maintenance responsibility for the wall and garden in exchange for a cash payment may provide a way forward, but would be a decision made corporately by Wheathampstead Parish Council subject to legal and actuarial advice.”
Mrs Laverick has appealed to the Secretary of State against this decision, with a Planning Inspector set to hold a public hearing in St Albans Civic Centre on Thursday October 12.
