A group of Burnham-On-Sea seafront residents have this week confirmed they are considering a legal bid to get a proposed new play area moved from outside their homes and onto to the nearby Esplanade lawns.
As first reported here, residents of Quantock Court say that while they support the idea of a new seafront play area, the tarmac area on the South Esplanade earmarked for the new facilities is “unsuitable” as it is “regularly used” for various outdoor activities by families, runners, dog walkers, keep fit enthusiasts and cyclists, and is also overlooked by their flats.
They say they have voiced their concerns to the Town Council and Sedgemoor District Council, and have handed in a petition to the Town Council calling for the proposed play area to be relocated further along the seafront to the lawns opposite Burnham Holiday Village. The residents say their specific concerns are not being heard.
Resident Bob Nicholson told Burnham-On-Sea.com: “On Wednesday, I met with a representative of Wicksteed, the play equipment suppliers, who have been contracted by the district council to erect the play area on the tarmac area on the South Esplanade. He informed me that their subcontractors would start work on Monday 26th April and that they were unaware of any concerns by the residents opposite with regard to the proposal.”
“It seems that as of Monday 26th April all established healthy activities undertaken by all age groups will have to stop in order for a play area to be established for youngsters up to the age of twelve. The residents of Quantock Court have raised concerns with regard to this proposal for a variety of reasons and have not to date had any response with regard to correspondence pointing out that there is a covenant which applies to the South Esplanade which seems to prohibit any construction which would ‘interfere with the free and unrestricted view from adjoining or neighbouring land or shall or may grow to be in any way a nuisance’.”
He adds: “A resident of Quantock Court instructed solicitors to bring this to the attention of Sedgemoor District Council’s chief executive with a letter dated 8th April to which there has been no acknowledgement or reply to date. A recorded delivery letter sent on the 19th March to the chief executive by another resident pointing out the covenant, to date also has not received any acknowledgement or reply.”
“The proposal for the new play area has always been recognised by the residents opposite the tarmac area as a very beneficial new facility for a minority audience, but would equally be as effective if sighted approximately 150 yards to the South on the very neglected grass areas opposite the Burnham Holiday Village main pedestrian entrance (pictured below).”
“This would not be intrusive to anyone or better still would not deprive the area for the established healthy activities. Both town councillors and district councillors have discounted this compromise and seem determined to ignore the 80 or so residents.”
“The alternatives for the residents is to ask for the local MP James Heappey to investigate the situation and question if the residents have been treated fairly as required within the Noland principle, seek a Judicial review, or seek an injunction to stop the work until the situation is reviewed.”
Bob adds: “Not one of the following points have received an answer from any council representative: why, when the council conducted a two day consultation in the town High street, have the residents at Quantock Court not been consulted; Why, when two petitions sent to the Town Council and Sedgemoor District council signed by 92% of the occupants in early January still have not been recognised; and how will the Town Council’s Evolution Plan be achieved when it states that ‘the council will take the opportunity to ensure any new facilities can mitigate impact’ and that ‘residents quality of life to improve’.”
A Sedgemoor District Council spokeswoman responded this week: “We are considering the content of all the correspondence, especially with the threat of an injunction. However, we would sincerely hope that this action does not mean that the play area will be denied to the residents and visitors to Burnham-On-Sea.”
Both the Town Council and District Council’s earlier responses are featured here.
