We, the residents of Barley Fields / Anker Valley estate, are proud to be part of a growing community in what should be a well-maintained and welcoming place to live. However, we are increasingly concerned about the substandard condition of the public open spaces (POS) on the estate, the ongoing mismanagement by FirstPort, and the lack of transparency and accountability in the transfer of responsibility from Bellway Homes.

Background
At the planning stage, Tamworth Borough Council and Bellway Homes chose not to pursue adoption of the POS by the Council, instead placing maintenance responsibilities into the hands of a private management company. This decision was made despite the POS being fully accessible to the public and the estate not being a private or gated community.

The rationale provided by the Council – notably concerns around the cost of maintaining the Sustainable Drainage Systems (SuDS) – does not, in our view, justify passing the full burden of responsibility and cost to homeowners. This arrangement results in residents paying twice: once through Council Tax under the Local Government Finance Act 1992, and again through private service charges to FirstPort, who provide an inconsistent and often inadequate standard of maintenance.

This is in stark contrast to neighbouring, adopted estates such as Perry Crofts, where Tamworth Borough Council provides standard services (e.g., grass cutting, litter bin emptying) at no additional cost. Furthermore, it is now known that the new development at Amington Green is being adopted by the Council, with the full range of open space maintenance provided, setting a precedent for our estate to be treated equally.

Compliance Issues
It has come to residents’ attention that Bellway Homes has not completed the POS works in accordance with the approved planning documents. Despite repeated engagement over a two-year period, Bellway has failed to secure the relevant Section 106 (s106) approvals from the Council, which are legally binding planning obligations under the Town and Country Planning Act 1990. These obligations typically require the developer to complete open space works to an agreed standard and have them inspected and signed off by the local planning authority.

Without these approvals and formal sign-off, the transfer of responsibility to a management company and the associated charging of residents is arguably premature and potentially in breach of the s106 agreement. We understand that inspections are now scheduled by the Council, but this delay has already impacted residents financially.

Action Requested
We, the undersigned residents of Barley Fields / Anker Valley, request the following actions be undertaken without further delay:

Full Inspection and Completion of POS
That Tamworth Borough Council immediately carries out a full inspection of all public open space on the estate. A list of remedial works should be issued, and Bellway Homes must complete all outstanding works to the required standards as per the approved planning documents and the Section 106 agreement.

Reconsideration of Adoption by the Council
That Tamworth Borough Council and Bellway Homes work together to pursue the formal adoption of the POS by the Council, as is common practice in other parts of Tamworth. This will require legal review and potential amendment to the TP1 (Transfer of Part) deeds that currently bind residents to the private management regime. Adoption would ensure long-term consistency and fairness across the borough.

Reimbursement of Charges to Residents
That Bellway Homes, or the relevant responsible party, reimburse all maintenance charges collected to date on the basis that the public open space has not been completed, inspected, or approved in accordance with the planning permission and legal obligations.

Final Remarks
We believe it is unjust for residents to be financially penalised for a decision that was taken for the convenience of the developer and local authority. We are not asking for special treatment—only for parity with neighbouring developments, and for the Council and developer to act in accordance with legal responsibilities and in the best interests of current and future residents.