Bolsover District Council has taken a housing developer to court over the lack of affordable housing on their site, even though it was an obligation of the planning permission approval.
The development known as Hawthorne Meadows off Chesterfield Road in Barlborough is being built by Arba Ground Trading Company and the council noted that the development was almost built out meaning they had no intention of complying with the obligations of the planning permission and paying the monies owed.
The development was granted planning permission in March 2011 with the later amended proviso included as part of the s106 condition that 10% of the homes on the site be affordable housing. However, 126 houses have currently been built and occupied, leaving nine left to be built, which meant they could not meet the affordable housing target.
His Honour Judge (HHJ) Tindal presided over the case in the High Court in Birmingham and the council argued that the developer appeared to be trying to build a market housing only development on the site, which is not what planning permission was granted for and was a breach of the s106.
HHJ Tindal stated that “a party who made promises under a s106 and then breaks those promises can expect themselves to be made subject to an injunction.” He went on to say that “the developer had raised over £31million and there is a strong public interest in this Council seeking an injunction and that as 126 properties are occupied the s106 cannot be complied with.”
HHJ Tindal issued an interim injunction on the developer that prohibits them from building or selling/leasing any more properties and that costs have been reserved. The case has been adjourned as the developer has appealed a February 2024 decision refusing to vary the s106 agreement to reduce their obligations. Once the appeal process is complete the matter will be returned to the High Court.
HHJ Tindal went on to state: “I cannot understand what defence they can have. It should also be made clear that they owe the debt. What’s currently owed as we stand here today is the full amount of contributions owed under the original agreements.”
Cabinet Member for Governance, Councillor Duncan McGregor said: “We faced the real risk that the development would be completed, sold and occupied without the monies being paid and other obligations being met. The developer could then wind up the company, leaving all contributions outstanding with little means for the Council to enforce the terms of the obligations.
“Nothing which has occurred over the last three years gives us any confidence that the obligations would be promptly and fully complied with, that’s why we sought court action.
“But let this be a warning to developers. We issue planning permission on the proviso that its conditions are met. If they are not, then we will take legal action against those responsible.”
New firm to take over community hub development following contractor’s fall into administration
After last month the main contractor for the Clay Cross Active development, ISG, filed for administration, delaying progress on the project, a new contractor has been sourced.
North East Derbyshire District Council said its development partner, Alliance Leisure, has worked tirelessly to appoint a new contractor and minimise the impact on the scheme.
Now, Universal Civils & Build will take over the scheme.
Contractors will return to the site in the coming weeks.
Universal has already made the site secure and safe, and are currently rescheduling the works to ensure they can be completed as quickly as possible.
Clay Cross Active is a new community hub, providing a place to be active, both physically and mentally.
It is set to feature a large, modern fitness suite, spin studio, sports hall, main pool and learner pool with spectator seating, changing places facility, treatment rooms, Innerva wellness suite, soft play and interactive play, and a community café. Citizens Advice North East Derbyshire will also be based in the new Clay Cross Active.
Football arena and sports bar seeks buyer following appointment of administrators
Active Arena CIC has appointed Mark Hopkins and Ian Rose of FTS Recovery Ltd as joint administrators following the closure of their customer-facing premises on 3 October 2024.
The company, which has operated a community football arena and sports bar in Lincolnshire since 2019, was forced to cease trading on 10 October 2024 when severe cashflow shortages resulted in the disconnection of the Arena’s electricity supply.
Despite the popularity of the Active Arena venue, the company’s profit margin had been seriously depleted by rising energy prices and other cost increases associated with the cost-of-living crisis. With the company’s cashflow already stretched by Covid, this ultimately made it impossible to continue trading.
FTS Recovery is now actively seeking a buyer for the company and its assets, with a view to its continued trading as a going concern at their current premises. The sale will be managed by FTS Recovery’s appointed agents, Eddisons.
Mark Hopkins, insolvency practitioner, FTS Recovery Limited, said: “The closure of the Active Arena site will be a blow to the local community who have welcomed the award-winning facility as a fun and safe place to socialise and become active. We are eager to arrange a sale that will allow the company to return to serving its loyal customers as quickly as possible.
“The Arena is an excellent opportunity for the right buyer to build on what is already an integral part of the community with a strong customer-base and brand recognition.”
Homebuilder raises more than £7,000 for armed forces charity with Rutland golf day
More than £7,000 was raised to help service personnel, veterans and their families at a charity golf day organised by homebuilder Vistry Group.
Vistry has chosen SSAFA the Armed Forces charity as its fundraising cause for the year and the East Anglia region of the company arranged the event at Greetham Valley Golf Club in Rutland on Tuesday 24 September.
The day was attended by 80 players, made up of staff and subcontractors who work across the region. Branch chair for SSAFA East Midlands Jim Evans also attended the fundraiser.
Jim said: “The incredible and continued commitment to SSAFA and our Armed Forces community that everyone at the Vistry Group has demonstrated this year is simply outstanding.
“Because of their continued support at events like this golf day and so many others, the Forces family will have the committed, practical, financial, and emotional support they deserve, whenever and wherever they need us. For this, we cannot thank everyone at Vistry enough.”
Andy Pearce, construction director for Vistry East Anglia, said: “We had a great day on the golf course, and it was very enjoyable to get together with the people we work alongside every day to take part in a day of sport while supporting a good cause. I’d like to thank everyone who helped to make it so successful.
“And it was good to welcome Jim Evans from SSAFA to our event so that we could find out more about the charity’s work on the day.
“We were proud to hand over thousands of pounds to SSAFA and we know that the money will make a big difference to the people who will be helped as a result.”
The event raised £7,100, which included donations, a raffle and an auction. The golf competition was followed by a dinner and prize giving in the Rutland Suite at the golf club.
Business connectivity and communications firm takes space at Derbyshire office complex
Business connectivity and communications firm Yappl has expanded after taking new space on an office complex in South Normanton, Derbyshire.
Yappl has moved into recently-refurbished 2,465 sq ft office space at Unit 4, The Village on Maisies Way in a deal brokered by NG Chartered Surveyors.
Joe Butler, Finance Director at Yappl, said: “We’re thrilled to have moved into our new office space on Maisies Way. The location is ideal for our growing team, providing us with excellent transport links and a vibrant business community. This move marks an exciting new chapter for Yappl, and we look forward to continuing our growth from our new base.”
Charlotte Steggles, Associate Director at NG Chartered Surveyors, said that a forward-thinking private landlord client was key to securing a new tenant for Unit 4.
She added: “Unit 4 is a perfect space for an ambitious, growing company such as Yappl. Our client has been proactive in refurbishing the unit to a very high standard, meaning we could widen our scope when it came to our marketing process.
“Yappl will benefit from a fantastic community of businesses on Maisies Way, as well as excellent access to Junction 28 of the M1, which is just a mile away.
“We wish Yappl well for the future in their new home. It’s been a pleasure to work with them.”
Unseasonal weather hits revenue and profit at Shoezone
Leicester footwear retailer Shoezone has seen a dip in revenue and profit in the year to 28 September 2024.
According to an unaudited full year trading update, group revenue reduced by 2.7% to £161.3m, due to unseasonal weather in the second half of the year, particularly peak summer, as well as trading out of 26 fewer stores.
However, the company noted that the key three weeks of Back to School trade in August and September was positive and ahead of the same period last year.
Profit before tax, meanwhile, is expected to be not less than £9.6m, sliding from £16.2m last year, as a result of the weather-impacted second half sales performance in conjunction with increases in the cost of energy, depreciation, National Living Wage and containers prices in the second half.
Charles Smith, Chairman, said: “A year of two halves, with the first half trading in line with expectations and ahead of the previous year, however, the second half trading was below expectations due to unseasonal weather conditions, particularly at peak summer, however, our key Back to School period traded above expectations at the end of the year. Our Digital business continued to grow, driven by the introduction of free next day delivery for all shoezone.com orders.”
Rejection for Frasers’ further Mulberry bid
The board of directors of fashion brand Mulberry has rejected Frasers Group’s revised offer for the business.
It follows Challice Limited, the company’s majority shareholder, stating publicly that it has “no interest” in selling its Mulberry shares to Frasers. As a result, Mulberry has now said: “After careful consideration with its advisers…the Board is unanimously of the view that the Possible Offer is untenable and that the Company should focus its attention on driving the commercial performance of the business.” It also reiterated an earlier statement: “We believe that the combination of the appointment of a new CEO, our new debt facility and the capital raising…will put the Group on a firm footing to ensure we are well set up for future growth.” The new bid by Frasers, which is a significant minority shareholder in Mulberry, would have entitled shareholders to receive 150 pence in cash for each Mulberry share. This implies a valuation of approximately £111 million for the entire issued, and to be issued, ordinary share capital of Mulberry, or approximately £72 million for the entire issued and to be issued share capital of Mulberry that Frasers does not already own.Modular housebuilder to wind down Derby factory
Modular housebuilder TopHat is to shutter its factory near Derby following dwindling orders.
As reported by the Construction Enquirer, the Goldman Sachs-backed firm has opened consultations with the staff at its factory at Dove Valley Park, Foston, which it plans to wind-down alongside the completion of all orders.
A statement from the company said: “In response to the challenging market environment over the last several years, TopHat has been gradually reducing its workforce.
“Unfortunately, due to the continued reduction in future pipeline, TopHat is in the process of making most of the factory staff redundant by following a statutory consultation process.
“This orderly wind-down of volumetric operations will put the business in a position to assess all future options.
“It is our strong belief that there is a continued need for Category 1 and Category 2 modular in the UK and we hope that we can capitalise on this in the future.”
It follows news in March that TopHat had pressed pause on its plans to open Europe’s biggest modular homes factory in Corby. Production was due to start this year at the 650,000 sq ft facility.
New Northampton development sites opened up following Government funding
West Northamptonshire Council has been awarded a total of almost £2.6m from the Government’s Brownfield Land Release Fund.
The funding will help bring several derelict sites across the area back into use, as part of the Ministry of Housing, Communities and Local Government’s One Public Estate programme.
A former bus depot in St James, Northampton, will benefit from a £1,368,000 grant which will help remedy ground contamination and asbestos at the site which has been vacant for a decade.
There will also be further work on the site to prepare it for a residential-led scheme, creating much needed housing in that area of town.
Preparation at the former University of Northampton Avenue Campus site – including the construction of roads in the site and utility upgrades – will be possible thanks to a £1,031,500 award. This will also allow residential development.
And the former Ecton Brook Care Home site will be demolished in preparation for a new affordable housing scheme, thanks to a £200,000 grant.
Cllr Daniel Lister, Cabinet Member for Local Economy, Culture and Leisure, said: “This funding recognises the potential of these sites and our prudent approach in buying them, and we’re grateful to the Government for this valuable contribution.
“Finding areas for new housing can be challenging and brownfield sites are ultimately the most appropriate but salvaging them is often difficult due to the cost.
“These three sites will provide in the region of 250 new homes for our residents, as part of our drive to meet growing residential demand.”
Pet food brand acquired following £43m funding package
Butcher’s Pet Care (Butcher’s), a family-owned pet food business based in Northamptonshire, has been acquired by Inspired Pet Nutrition (IPN), the independent pet food business owned by CapVest.
The acquisition will include a refinancing of term debt provided by Blazehill Capital and working capital facilities provided by Secure Trust Bank Commercial Finance (STB).
Founded in 1983 by Graham Baker, Butcher’s is one of the UK’s leading pet food brands, specialising in natural pet food for dogs and cats. Its products are available in all major retailers across the UK, online and in several markets worldwide.
The business faced significant inflationary pressure in early 2022 as a result of the war in Ukraine and in parallel management were looking to deliver a strategic growth plan, which included a full brand refresh.
To allow the business to withstand the market volatility and ensure the successful delivery of the business plan, Butcher’s sought to refinance their existing facilities with a more flexible funding package to provide the necessary financial breathing space.
The optimal solution was a combined funding package from Blazehill Capital and STB, consisting of an STB working capital facility and a Blazehill Capital non-amortising term loan. Since securing the new facilities, the business has gone from strength to strength, culminating in a successful exit for shareholders to Inspired Pet Nutrition.
The acquisition by Inspired Pet Nutrition creates a petfood group with sales of more than £350m and allows Butcher’s to continue focusing on its strategic growth ambitions.
Tim Watsham, former CEO of Butchers Pet Care, said: “This acquisition marks an exciting milestone in the Butcher’s journey. Both the Blazehill and STB teams took the time to understand the drivers of our business and our growth ambitions.
“The combined facilities, consisting of a flexible STB working capital facility and an innovative stretch-senior Blazehill term loan integrated seamlessly, with the dual-lender structure operating throughout the term as if it were a single bilateral solution.
“We’re all excited for what is next as we enter a new chapter and would like to thank the Blazehill and STB teams for their patient and pragmatic approach throughout.”
Tom Weedall, Managing Director at Blazehill Capital, said: “From the outset we invested significant time with Tim and Butcher’s key stakeholders to fully understand their strategic plan for the business and ensured that they had access to sufficient capital to support its objectives.
“This hugely successful outcome for the Butcher’s team underscores Blazehill’s ability to provide Transformational Capital to unlock further liquidity for businesses and, crucially, highlights the benefits of Blazehill’s hybrid approach to structuring debt led solutions.
“We have built a strong relationship with Tim and the team and we’re excited to see the business continue to flourish following its acquisition by Inspired Pet Nutrition.”
Colin Muir, Portfolio and Structuring Director at Secure Trust Bank Commercial Finance, said: “From supporting the business in 2022 to its recent acquisition, the Butchers team has remained committed to strategic growth and has turned the business around, delivering strong results and ultimately driving forward a successful acquisition.
“By working closely with Tim and the team, we were able to initially structure a flexible facility that would allow Butchers to unlock the value held in the business and grow its market presence.
“The facility, alongside Blazehill Capital, all helped to achieve this so it’s great to see such a strong result for the business as it enters a new era with Inspired Pet Nutrition. We all wish the business the best in its next chapter of growth.”
