Residents of a housing development in Coylton have applied to get rid of what they claim is a potentially dangerous and dilapidated playpark after they failed in a bid two years ago.
The play area, at Highpark, Coylton, was built by developers Miller Homes to meet South Ayrshire Council policy on developments of more than 15 houses.
As part of the deal, the developer Miller Homes had agreed to maintain the park until it was handed over to the new residents’ association.
They have since been responsible for the maintenance.
In 2019, residents applied to remove the play area as issues with title deeds meant that only some of the new owners were required to pay their part of the maintenance.
In the meantime, the park equipment began to deteriorate, to the point where, in 2019, the residents argued that it would become a health and safety concern.
However, both the application and subsequent review on appeal fell on deaf ears.
A new application was submitted in March this year, but was only validated ahead of a decision this month.
Writing on behalf of residents, Gillian McPeake of Speirs Gumley Property Management, told South Ayrshire Council how the situation had became more concerning.
She wrote: “The equipment within Highpark play area is old, not fit for purpose.
“Costs associated with, and the responsibility to owners, upgrading existing equipment is expensive and funding may not be achieved."
She also pointed out that just 19 out of 41 homeowners were liable for maintenance, inspections and insurance costs around the park, over and above grounds maintenance.
She said this was a result of ‘an error when title deeds were registered’.
The situation could worsen, Ms McPeake added, with another dispute over the deeds potentially reducing the number responsible for paying to maintain the park to just 15 home-owners.
She also pointed to plans to upgrade a nearby council play area.
This would, she said, suggest that ‘there is no need for outdated equipment’ at the park they seek to remove.
During the first attempt at getting rid of the park, planners said that, had the developer suggested not installing the park, they would have been going against council planning policy and would potentially have been refused.
The application submission indicates that the play equipment is dilapidated and may soon represent a health and safety concern, a claim not fully accepted by the authority.
“From a site inspection,” stated the planning report. “It is clear that the play equipment has deteriorated to some extent; however, the equipment still appears to be used.
“Had the applicant indicated that they were unwilling to provide play provision to serve the residential development, the application would have been contrary to the then development plan.
“Lack of maintenance and the costs associated with maintaining the play equipment cannot override the LDP’s aspirations to provide suitable residential environments for residential development.
“The removal of the play equipment would result in the loss of a facility which serves the local community.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here