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Land management firm could be taken to tribunal after complaints

Dissatisfied north-east customers urged to sign up to campaign

Published: 13/02/2009

ANGRY: Carol Kidd, who lives on the Kirkstyle estate at Kemnay, has refused to pay Greenbelt charges

A land management company which has received complaints about poor service from people across the north-east could be taken to a tribunal.

Paula Hoogerbrugge, who has led a campaign against the Greenbelt Group, is appealing for others who are dissatisfied about the firm’s service to come forward and consider launching a test case against it.

It comes after the Office of Fair Trading (OFT) said contracts between land management companies and customers should be tested at the Lands Tribunal for Scotland.

Greenbelt Group is the largest land management company in Scotland with some 24,000 customers. Two other companies exist, Scottish Woodlands and Ethical Maintenance, which have around 1,000 customers in total. The companies buy open spaces on developments and charge developers, residents, or a combination of the two, for their upkeep. But because the companies own the land, it can prove very difficult for residents to switch to a competitor.

The OFT has been in discussions with Consumer Focus Scotland, which has offered to support a group of residents who want to change their land maintenance provider.

An OFT report released yesterday said the test of law was “desirable” and added: “The OFT cannot test the law, this needs to be done by a group of homeowners. But of course the costs, uncertainty and difficulty obtaining legal advice may be a deterrent to those seeking to take such a case so we are pleased to say that Consumer Focus Scotland has agreed to take on a role to help facilitate a test of the legislation.”

Mrs Hoogerbrugge, who runs the Greenbelt Group Action website, said she had received complaints about the company’s services from 15 of the 16 estates it maintains in Aberdeenshire.

She said it was “wonderful” that Consumer Focus Scotland has offered its support and appealed to dissatisfied residents to come forward through the website so they can mount a test case.

Carol Kidd, who lives on the Kirkstyle estate at Kemnay, has complained to Greenbelt about its “sporadic” service in the past and refused to pay its charges. She said Greenbelt were “modern-day cowboys”, adding: “It would be great if someone took them to the tribunal.”

Greenbelt managing director Alex Middleton said last night: “We broadly welcome the OFT report and its principle recommendation that Consumer Focus Scotland should support home owners in bringing forward a test case applying legislation which may allow owners to switch land maintenance company.

This is an avenue we have been pursuing with a small number of our customers and we believe the involvement of Consumer Focus Scotland will aid that process.

We are happy to cooperate with Consumer Focus Scotland and the Scottish Government in whatever way they feel is appropriate.”

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Scottish government urged to probe residents’ claims over factor

Firm ‘takes money for work it does not do’

Published: 01/08/2008

The Scottish Government has been asked to launch an investigation into north-east residents’ claims that a factor has taken money for work it has not adequately carried out.

Aberdeenshire councillor Martin Ford said he has been contacted by a “number of people” about the Greenbelt Group, which maintains open spaces in housing estates across the north-east.

A resident of the Redcloak estate at Stonehaven had claimed the company has not cut the grass there in more than seven months, despite having already been paid to do so.

The company disputes the time period, but admits there have been problems with a few of its contractors over the last three to four weeks.

Residents at an estate at Newmachar had also complained about the company halving the frequency of its visits.

In a letter to Community Safety Minister Fergus Ewing, Mr Ford said: “It appears that there is a widespread problem of poor or no grounds maintenance when the Greenbelt Group are responsible.

“This seems to be the case both when residents are paying on an annual basis and when the developer has paid a lump sum on completion of the development.”

The Liberal Democrat member for East Garioch added: “I have been a councillor for nine years and I have been aware of recurring problems involving the Greenbelt Group.

“I would ask you to look into the problems surrounding the operations of this company. I would also ask you to examine whether we can revert to the situation prior to 1992 where it was almost invariably the case that public open space passed to the local council.

“In my experience, the local council provides the only reliable and sustainable maintenance solution for public open space.”

Greenbelt’s managing director Alex Middleton said problems with contractors over the last three weeks have caused the company difficulties in the north-east.

He said: “Greenbelt has had problems in the north-east and are trying to resolve them as quickly as possible. We will take a look at the particular problems and value for money.

“We are committed to the sites in the north-east and are committed to giving a good service.”

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Growth being led by developers, says campaigner

ASK Barrie Haycock why he decided to move to Inverness, he will tell you it is because he thought the Highland Capital was a good place to come to.

Growth being led by developers, says campaigner
By Calum Macleod – Inverness Courier

Four and a half years on, ask him if it is still a good place to come to and he hesitates.

“It’s difficult,” he said.

“It’s no better than other areas throughout the UK. The bottom line is that Inverness has the opportunity to learn from other areas and plan accordingly but no-one seems willing to do it.”

This apparent unwillingness to get to grips with the area’s planning deficiencies seems even more surprising to Barrie given the Highlands’ economic reliance on tourism.

“Tourists do not travel to see rows of soulless housing,” he pointed out.

For Barrie, who retired from a career in business at the age of 50, coming to the Highlands was an easy move to make as communications technology allowed his own public relations and allied services firm to operate from anywhere he chose.

He still enjoys getting out on the hills at the weekends and journeying to the unspoiled West Highlands, but soon learned that other parts of the region, not least Inverness itself, were going through what he describes as a quantum change.

To Barrie, Inverness’s rapid growth is being led by developers at the expense of community benefit and with little or no strategic planning or effective planning control “The emphasis in Inverness is on trying to build houses and then try and sort out the problems afterwards,” he said. “Exhibit A is the new trunk road with talk of bulldozing the new church at Inshes and compulsory purchase of properties. You would have thought they would have reserved the land, but that would be too easy.

“There is a growing view of many people in Inverness that the council should firmly get to grips with the situation and control planning so that development can take place in a properly thought out manner.

“Consultation is a joke. It’s a meaningless word in the planning process. Objections are rarely listened to and it’s the will of the developer that prevails over the will of the community.”

His awareness of discontent with the planning situation in Inverness was only heightened by his involvement with local community organisations.

Barrie is a founder member of the Milton of Leys local residents association, a member of Inverness Crime Prevention Panel and an Inverness South Community Councillor. More recently he has become involved with the Highlands and Islands Resilience Group, a disaster planning initiative designed to look at how threats such as pandemic influenza and terrorism could affect the Highlands.

These activities bring him into regular contact with a range of business owners, chamber of commerce members, police officers, community leaders, MPs, MSPs and Highland Council officials and local councillors.

A common topic of conversation has been concern at the way Highland Council is being run and its rapidly growing external debt problem which, by March this year, stood at a gross figure of 580 million.

The loss of prime farm land to residential housing with no meaningful infrastructure is another area of concern.

It was a prominent local councillor who initially suggested that a “Planning Watch” organisation was needed.

Barrie took up the suggestion and, as communities throughout Britain have similar issues to Inverness, widened the remit to create Planning Watch UK.

The organisation’s aims, objectives and interests are not confined to property matters. The regulation of the building industry, including land maintenance and property management companies, remains of prime importance.

“At present the new house build purchaser has been described by the National Consumer Council as having less consumer protection in law than when buying a kettle. This cannot continue and in general allows developers to make huge profits at the expense of the unsuspecting purchaser,” Barrie declared.

Nationally, Planning Watch UK members and contributors are working with MPs, MSPs and other organisations to introduce legislative changes to give houseowners the protection they need, just as locally the organisation wants to see more evidence of meaningful strategic planning.

Barrie Haycock, Planning Watch UK campaigner.

“The developer profit-driven process ignores the crucial requirement of infrastructure,” Barrie commented.

“Any future development must also look at education, health and transport services through to the massive number of jobs required to support the growing communities.”

Equally important are forward planning for roads, sewage and water supply and potential flood risk in certain areas. While there are plenty of bad examples of planning in Britain Telford in Shropshire or Scotland’s post-war New Towns there are also more positive designs which the Highlands could look to, such as Poundbury in Dorset. Designed by architect Leon Krier for landowner Prince Charles, this is an integrated community of shops, businesses and private and social housing and one which the planners of the Highlands would be advised to follow, Barrie suggested.

There are similar projects proposed for the Highlands, such as the “New Urbanist” community at Tornagrain, but for Barrie these being built are on too limited a scale and the principles which they adopt should be applied throughout the Highland region.

His work for Planning Watch UK and his other activities does take up a lot of his time and includes researching and studying local authority documents or fielding inquiries from journalists, but it is something he enjoys. “I don’t like to see people misled or ripped off and I have particular empathy and concerns for elderly people who are hung out to dry by the process. Who do they turn to for support?”

Barrie is scathing of a council which, he says, “would rather spend 300,000 on a fireworks display than care of the elderly.”

“The elderly are always the first to suffer when councils run into funding problems, yet the fat cat desk jockeys who decide the financial cuts continue to thrive,” he stated.

“This issue is constantly being raised by those who suffer and is a high priority for Planning Watch UK. Care of the elderly, young and disabled has to be of major importance but is so often put at the end of the bureaucrats’ list.”

Which is why Planning Watch UK highlights anything it regards as a waste of taxpayers’ money and wants to see local authority and government quango spending kept under strict financial control.

“A local example seems to be the bizarre reported redundancy payouts made to HIE members of staff, some of whom seem to have moved to highly paid new jobs some within Highland Council while collecting massive redundancy payments. This is an absolute disgrace!” he declared.

Barrie stood as an Independent candidate in the 2007 Highland Council election for Inverness South and came last, but reveals that he feels happier outside the political system.

“If you are part of the current system, you could very quickly get drowned under the current method of operation,” he said.

That system has been made even less effective, he believes, by the recent move to a party political council from one with a tradition of political independence and the creation of multi-member wards.

“The multi-councillor ward system isn’t working, full stop. None of the councillors can agree amongst themselves. End result: chaos,” Barrie said.

“Our councillors are paid salaries now, so there should be accountability all the way down from the chief executive to the most junior councillor.”

What is not so important, to Barrie at least, is the political hue of those councillors or even the MPs and MSPs.

“I’m apolitical,” Barrie stated.

“I don’t give a damn what party is in power as long as there are sensible policies from that party and I believe most people think the same.”

c.macleod@inverness-courier.co.uk

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