Symn Lane Car Park Handover - Timeline

Background

The development of the Symn Lane Car Park has been protracted, not least because of the Covid pandemic and the original developer selling the project on. However, the current developer left site nearly two years ago. The schedule of remaining works to complete the project is long and complex. As communications have broken down between the Wotton Town Council and the developer the SDC CEO was asked to help broker the completion of the project.

Many residents have asked me what is going on but I have not been privy to any meetings or the SDC discussions so what follows is gleaned from publicly available information relating to the planning application. However, I've heard mention that the works required to complete the project were quantified and agreed when SDC purchased the affordable housing from the developer before Christmas 2024. A sizeable bond was also secured. The developer was expected to work, in conjunction with a company called Stripe, contracted by Wotton Town Council, to tick off the outstanding items and handover the car park.

I understood that the developer was keen to complete by end of Spring 2025 with a backstop of the end of September 2025. But no work has taken place to complete the car park and the backstop date is fast approaching.

Section 106

The handover of the car park to the Town Council is governed by the Section 106 agreement that was drafted when the original planning application was sought. It details the process:-

• Section 106 Agreement
• Annex 1
• Annex 2
• Annex 3

As can be seen it's quite a complex document, but I've tried my best to simplify the timeline although I have no legal background!

1️⃣ The car park needs to be completed to SDC’s satisfaction

• Build the car park exactly to the “Approved Car Park Specification” and obtain SDC’s written approval. Clause 3.2.1
• Why this matters: The deed makes the hand‑over conditional on the car park being finished and approved before any offer can be made.

2️⃣ Prepare and serve the 'Offer Notice' to Wotton Town Council

• Once the car‑park is approved, the developer must issue an 'Offer Notice' that sets out the terms of transfer (essentially the fourth schedule). Clause 3.2.2

3️⃣ Await the town council’s response (the prescribed period)

• The council has up to 6 months from receipt of the 'Offer Notice' to serve an 'Acceptance Notice'. Clause 3.2.3

4️⃣ If Wotton Town Council accepts (within the 6‑month window)

• The council sends an 'Acceptance Notice'. Must occur ≤ 6 months after the 'Offer Notice'.
• Developer finalises the transfer according to the fourth schedule immediately after acceptance, aim to complete promptly.
• Developers pay reasonable legal costs (capped at £2,000). Clause 3.2.5
• Car park is formally transferred and the town council becomes the owner effective on execution of the transfer documents.
• Car park opens for public use. Clause 3.2.6

5️⃣ If Wotton Town Council does not accept within the 6‑month prescribed period the deed provides two fallback routes (Clause 3.6):-

•  Retain & self‑manage. The developer keeps the car park, insures and maintains it forever.

or

• Transfer to a management company. That company then insures and maintains the car park forever.

6️⃣ Post‑handover obligations (ongoing)
After the transfer, Wotton Town Council or the management company must:

• Keep the car park open to the public in perpetuity. Clause 3.7
• Ensure any required service connections such as water, sewer, electricity, etc. are in place and maintained.

A few people have asked me what happens if the developer just doesn't complete the car park. I'm not really sure tbh. The bond retained by SDC just gives them the money it may need to sort things out if the developer defaults. To actually carry out the work on what is, after all, private land, I assume SDC will be reliant on enforcement action. Section 38 Highways and Section 104 Water Industry agreements are mentioned in the S106 which maybe could allow compulsory easements to do the work (who knows?), I guess compulsory purchase could be an option too but that would take years and may or may not be successful. ¯\_ (ツ)_/¯

History

I've maintained a potted history of information that's entered the public domain here:-
https://listed.to/@eco_g/52041/symn-lane-car-park-update

also some info on the planning history here:-
https://listed.to/@eco_g/55679/symn-lane-car-park-site-history