In January 2019, a planning application for 37 dwellings in Kirkby Malzeard was approved. One of the planning conditions was that the Commuted Sums would be agreed before construction of the houses started. This condition was referred to again in later applications in May 22 and August 24. Commuted Sums are what is paid by a developer to go towards community spaces such as play areas, allotments and village halls. The village is set in a rural part of North Yorkshire with very limited services. The development will have a significant impact on the village, with the number of residents increasing by up to 10%.

The site, Laverton Oaks, is owned by a North Yorkshire Council housing development company, Brierley Homes. Whilst they started works in breach of this condition, they submitted an application in September 24 to settle the commuted sums due, and also to agree the number of affordable houses. This remains outstanding. North Yorkshire Council have submitted a calculation of Commuted Sums due, amounting to over £112,000.

The Chair of North Yorkshire Council, Cllr Carl Les, has advised the Parish Council that Brierley Homes have now applied to the Council to have the conditions varied and the requirement for affordable housing and commuted sums be removed from the planning consent. If this is really the case, that would mean Kirkby Malzeard would receive ZERO sums from Brierley Homes and that no further affordable houses would be built (which should be 40% of the development).

Brierley Homes made a £7.8M loss in the 25/26 year, against a forecast profit of £700,000. The house builder company was set up in 2016 to deliver homes for market sale and to reinvest the profits back into council services, but it required an emergency loan of £1.4M from North Yorkshire Council in August 26 due to cash flow issues.

Brierley Homes may argue that market conditions have pushed up construction costs to the extent that they can’t afford to pay the commuted sums or provide the affordable housing. We say that if Brierley wasn’t running at a loss it would be able to meet these commitments, and it should not expect the residents of Kirkby Malzeard to have to pay for the company’s failings.

By signing this petition we say that :

-              Brierley Homes Ltd should withdraw their application to reduce the commuted sums owed to the community

-              Brierley Homes Ltd should withdraw their application to reduce the number of affordable houses on the development

-              Brierley Homes should enter into a s106 Agreement obliging them to pay the full amount of commuted sums as per the sums already proposed by North Yorkshire Council and provide the full number of affordable homes originally proposed (13).

-              North Yorkshire Council should underwrite these amounts and obligations in the event that Brierley Homes default