Council gives Apex Woodlands Avenue Letter of Comfort

The situation preventing families from moving into 26 newly-constructed Apex Housing Association homes in Woodlands Avenue in Culmore may be resolved.

However, one Derry City and Strabane District councillor voiced concern the resolution was “dependent on releasing a six figure sum - half a million pounds - to Council, in order to complete works it had removed from the contractor”.

A special meeting of Derry City and Strabane District Council (DCSDC) on Monday (November 13) voted to issue a Letter of Comfort to Apex regarding the unfulfilled ‘community element’ of the development.

BREAKING: Derry tenants kept out of 26 homes

'Homes have been built but families can’t get their keys because Council has not moved on the open space development' - Cllr Donnelly

Christmas move for Derry’s Woodlands Avenue tenants

Council to issue ‘letter of comfort’ to Apex Housing Association

It emerged last week, DCSDC had not completed the statutory open space development needed to accompany a specified number of homes, preventing their allocation to tenants.

Proposed by Cllr Paul Gallagher (Independent) and seconded by Cllr Sandra Duffy (Sinn Féin), the Letter of Comfort stated: “As you are aware, there are restrictions on the occupation of the properties at Ballynagard arising out of conditions 2 and 11 of planning application LA11/2020/0689/F.

“These relate to the community elements of the project. Whilst these remain outstanding, it is possible the occupation of some of the constructed homes may result in a breach of these conditions.

“Council has today taken a decision to actively progress the community element of the project and this is now fully funded.

“In a situation where the Council is actively progressing the development of the community element, whilst there may still be a technical planning breach, it is the view of Council and its legal services department, the enforcement of any such breach through the courts would not be expedient and consequently, in the circumstances outlined, no court action would be taken,” said the Letter of Comfort.

A spokesperson for DCSDC told Derry Now: “Members attending a Special Council meeting on Monday afternoon gave their approval for officers to seek to resolve related land disputes at Ballynagard and approved budgets required so that Council can progress with the development of the open space community development aspect of the project.

“It was on this basis that the Council was in a position after the meeting to issue a Letter of Comfort to Apex Housing and allow them to confirm that their allocated dates can be met for the remaining two tenants to move into their homes as soon as possible.”

A spokesperson for Apex confirmed to Derry Now, the housing association had received correspondence from DCSDC regarding Woodlands Avenue and was “carefully considering” its contents.

The spokesperson added: “At this point, our priority is ensuring that tenants can move into their new homes as soon as possible and that we comply with all relevant requirements.  

“We will continue to provide regular updates to these tenants as we move forward.”

A difference in understanding of the number of tenants affected by the Woodlands Avenue situation emerged between DCSDC and Apex Housing Association as Derry News went to print. 

DCSDC confirmed its statement that there were two remaining tenants. However, Apex confirmed its statement there were 26 tenants unable to move into their new homes.

Speaking to Derry Now following Council’s special meeting, Cllr Gary Donnelly (Independent) said the Woodlands Avenue situation had been resolved “in the sense Apex will get its Letter of Comfort from Council”. 

He added: “However, I am bitterly disappointed that it is resolved conditional and dependent on a number of other issues, which are not good for ratepayers in the city. 

“While we believed we were going into the special meeting to get the Letter for Apex, that is now dependent on releasing a six figure sum of money to Council, in order to complete works it had previously removed from a contractor. 

“We are talking about half a million pounds because Council removed part of the scheme from the contractor. Council said it would do this work for the same price the contractor said he would charge. The work was never carried out and now it is costing the ratepayers an extra half a million pounds. 

“In addition, there could potentially be a deal done here with people who have trespassed on Council land, who may now get title to that land. That  will cost Council and the ratepayers of this city another significant figure. It is public land, which will potentially cost the ratepayers of this city tens of thousands of pounds.”

Cllr Donnell said he hoped the remaining Woodlands Avenue tenants would be in their homes by the end of this week.

“The tenants I have been dealing with are happy with the prospect of being in this week. One thing that has come out of all of this is that we brought the process forward by four or five weeks and they seem to be very happy with that,” he said.

Ballyarnett councillor Brian Tierney (SDLP) said the Woodlands Avenue residents, who were allocated a home but not given the keys by Apex, would be delighted at yesterday’s decision.

Cllr Tierney added: “They can now plan to get ready to move in and be settled in their news homes by Christmas this year.

“I fully understand the anxiety that this would have caused many of them given the lengthy application process they would have gone through. 

“To be successful and to be allocated a home and then to be locked out by a planning restriction must have been really, really disheartening for them. I would imagine the residents are delighted at the outcome of yesterday’s meeting. 

“This development goes back to a commitment that Council made to the people in Ballynagard area in 2019. This project was first mooted through the former Derry City Council in 2009 and I think it symbolises, for the existing and new tenants of Ballynagard, and also the residents right across Culmore, a very significant Council investment.

“It signifies Council is committed to delivering the facilities for an area within our City and District which lags behind many, many others in terms of community and recreational space.”

Cllr Tierney said he understood people might be looking at the Woodlands Avenue situation and wondering where this money was coming from.

“However, this is an existing and longstanding commitment that Council has had for the delivery of open space within that particular area,” he said.

“It is unfortunate the cost has risen due to covid and the cost of everything going up.

“The price of materials is going through the roof but, for the Council and for us as a party, it was very, very important we stood over the commitment we had made to the people of Culmore many, many years ago.

“I will certainly be delighted to see this development get on the ground and see work in action and hopefully the use of that community space in the not too distant future.”