An update from Brackenhill Park Hamilton Owners' AssociationThe committee members presented each of the following issues to Hacking & Paterson during a Microsoft Teams meeting on 25th September 2024.

Below is an update on each of those issues, as of January 2025.

Issue

Current Position

1. Feedback from residents with individual issues was presented to H&P. An Action Plan for Remedy was requested.

Unacceptable response which focused on themes and not individual issues. OA has asked again for action plan relating to individual issues reported.

Read the feedback from residents submitted.

2. Scott Builders has bought the estate "in its entirety" as advised by Teneo, administrators for Stewart Milne. H&P were asked if they have made contact with Scott Builders regarding factoring arrangements of the SM houses which were empty and now sold, or about factoring arrangements on the development in general, and with regard to unfinished areas on the development. No initial response from Scott Builders to either H&P or OA attempts to speak to and meet with Scott Builders. A short response was received from Scott Builders via H&P to advise that they were unaware Brackenhill Park is a factored development. H&P are currently following this up.
3. Request to H&P as to how many new homeowners had been contacted to inform them about the Owners' Association, as required per the Deed of Conditions. Resolved - initially this was not being done but since our enquiry, three new homeowners have been written to and H&P will now issue a standard communication letter per new homeowner.
4. The OA requested from H&P the number of homeowners in each phase who have opted out of Front Grass Maintenance services. Responded - 24 homes in Phase 1 of development, and 4 homes in Phase 2 of development.
5. An update was requested in respect of tendering for new contractors to replace the current grounds maintenance contractors. No tender was previously issued. Ongoing - H&P asked for recommendations from the OA. We have responded that this is a role which H&P should present a list of suitable contractors with a site-specific schedule of works for the OA to comment on. The OA have requested that they do not seek quotes from the current contractors.
6. The OA furnished H&P with Deed of Conditions showing Common Maintenance Parts which H&P are responsible for and asked for their comment as not all areas are being maintained, such as Meikle Earnock Road grass verges. Responded - H&P are costing the works required to bring the development up to standard, especially in respect of unadopted roads and footpaths. The OA have asked exactly which areas of development they are seeking costs for and for comment on what H&P consider their areas of responsibility.
7. H&P were asked why there are different rates of management fee. Ongoing - H&P said that they will escalate within the company but considered that it is because there were incremental increases. The OA have responded to request the same charges throughout the development on all phases.
8. Cost of removing the playpark bin (Bellway Phase 1). Responded - H&P have confirmed that costs will be £0.82 (excl. VAT) per household to remove the bin and complete the works to make the ground good. OA have responded to agree with H&P's proposal to remove the bin.

The below is a summary of other actions taken by the Owners' Association:

Issue

Current Position

1. A Freedom of Information request has been submitted to South Lanarkshire Council with respect of Brackenhill Park.

Awaiting response from SLC - details of the FOI are below.

Reference: 2427610; Submitted 09/01/2025
I write to submit the following questions as a FOI request with respect of the Stewart Milne Homes development at Brackenhill Park. The development is shown in the land entries LAN216338 and LAN229099. The information is being requested on behalf of Brackenhill Park, Hamilton Owners’ Association.

1. Which parts of Meikle Earnock Road, in respect of Brackenhill Park, Stewart Milne Homes, development, have been adopted by South Lanarkshire Council, or prospectively planned to be adopted by SLC? Please provide visual drawings and descriptive plans to support this.

2. In relation to the above question, in what timescales do SLC expect to fully adopt Meikle Earnock Road in its entirety and take responsibility for the maintenance of common ground and maintaining the road, i.e. grass cutting of the verges and weeding?

3. What agreement or plans are in place between SLC and the former Stewart Milne Homes / current Scott Builder with respect to adopting the roads, streetlights and bins across the Brackenhill Park Development?

4. What contingency plans were in place by SLC for the event of any builder going into administration during the development being built?

a. How will SLC ensure that any current or new prospective builder will finish the homes that were planned and agreed between SLC and Stewart Milne Homes to the agreed standard?
b. How will SLC ensure that roads, footpaths and other communal areas that were agreed will be completed by any current or new prospective builders?

5. What communications, if any, have SLC had with the current owner the Brackenhill Park development, Scott Builders / Teneo (administrators for Stewart Milne Homes)?

2. Contact with Monica Lennon MSP

Ongoing - The OA have been in touch with the Office of Monica Lennon MSP and have had a telephone meeting with a member of her office to discuss outstanding issues and concerns with respect to the whole development. The OA have invited Monica Lennon MSP to attend our next committee meeting (awaiting confirmation) and it is hoped that this will be in February. We have provided her office with previous minutes, actions and a copy of the FOI correspondence.

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