Since starting this site in 2010, we have been actively monitoring the work of Lomond Homes Ltd (and now Lomond the Avenues Ltd) with particular concern over the ongoing non-payment of their section 75 agreement for the New Farm Vales Development.

So far we have learned that Lomond Homes Ltd have frequently avoided their legal obligations through, what some people may consider, unethical practices.

We have recently had an update through a Freedom of Information request on the status of payments due by Lomond Homes Ltd. As yet, it will be no surprise to anyone, that Lomond Homes have still to make a payment.

What is of great concern is that Lomond Homes Ltd are seeking alterations to the clauses in the Section 75 agreement. The reply to our FOI request is below:

The Section 75 Legal Agreement in relation to education provision, the developer had to provide a total of £202,000 indexed linked payable in three payments of (£50,000, £75,000 & £77,000 respectively all indexed linked). The clauses for which the alteration is sought are defined as follows:-

  • In Clause 5.1 this requires payment of the first education contribution £50,000 on the completion of the 25’th House in Phase 2b.
  • In Clause 5.2 this requires the second education contribution of £75,000 on the completion of the 50’th House in Phase 2b.
  • In Clause 5.3 this requires the second education contribution of £77,000 on the completion of the 50’th House in Phase 2b.

The Section 75 Legal Agreement in relation to a Public Realm Contribution, the developer had to provide a total of £98,000 indexed linked payable in a single payment. The clause for which the alteration is sought is defined as follows:-

  • In Clause 6.1 required the payment of the £98,000 on the completion of the 64’th dwelling house.

We have requested the first payment but the applicant currently has a request to vary the Section 75 agreement. It is unclear at this point whether the first trigger is to be changed.

A report is being prepared for the next Cowdenbeath Area Committee and this will give a position on the acceptability of the proposed alteration to the Section 75 Agreement. 1

The section 75 agreement has already been heavily criticised as it already gives the developer plenty of leeway, yet Lomond Homes are now seeking alterations to give them even more leeway.

Will Lomond Homes be allowed to alter the Section 75 Agreement? If they are, we personally feel there should be a public inquiry into the developer, and they should not be given planning approval for any further developments in the Lochgelly area, until the Section 75 Agreement is paid in full.

Hopefully the Cowdenbeath Area Committee will look after the interests of the Lochgelly Community and reject Lomond Homes alterations. We will update the site as soon as we have an update.

Other News

We did mention a while back the scandal Lomond Homes caused in Falkland after it demolished a historic wall without permission. The Historic Falkland Action Group have recently won their case against Lomond Homes, and the developer is now required to rebuild the wall. 2

The Historic Falkland Action Group have stated on their website:

CONGRATULATIONS TO ALL WHO HAVE ASSISTED THE CAMPAIGN TO SAVE THIS PART OF FALKLAND’S HERITAGE FROM THE RAVAGES OF A DEVELOPER ENGAGED IN ILLEGAL DEMOLITION AND INAPPROPRIATE DEVELOPMENT 3

Congratulations to the group for preventing Lomond from riding roughshod over their community.

  1. Freedom of Information request via What Do They Know, http://www.whatdotheyknow.com/request/lomond_homes_section_75_agreemen_4
  2. The Courier, Developer Ordered to Rebuild Historic Wall, http://www.thecourier.co.uk/News/Fife/article/17238/developer-ordered-to-rebuild-falkland-wall.html
  3. Historic Falkand Action Group, http://www.falkland.myzen.co.uk/falkland/
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2 Comments

  1. alf

    November 24, 2011 at 12:59 pm

    has the wall been rebuilt yet

    Reply

    • Lochgelly

      November 24, 2011 at 4:03 pm

      I don’t know if they have as yet. I think they have got up to 3 months to complete the wall. The site that has all the info is: http://www.falkland.myzen.co.uk/falkland/

      If we hear anything about the wall, I’ll update the comments.

      Reply

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