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Legal Action Launched as Developer Owes Somerset Council Nearly £35,000

Somerset Council has initiated legal proceedings against housing developer Higdon Homes Ltd. for failing to pay nearly £35,000 in financial contributions designated for local community services.

Higdon Homes, based in Taunton, obtained outline planning permission on appeal in November 2015 to build 16 homes at St. James Close in Broadway, near Ilminster. The developer received detailed planning approval from South Somerset District Council for the site in November 2016, with construction commencing early in 2017.

Under the terms of the original Section 106 agreement, Higdon Homes was obligated to financially support both local village facilities, such as the village hall and cricket club, and broader strategic amenities used by the wider South Somerset population, including the Octagon Theatre in Yeovil.

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Since Somerset Council took over responsibilities from South Somerset District Council in April 2023, it has confirmed that Higdon Homes still owes £34,982 in unpaid contributions. Legal action is now underway to recover these funds.

Currently, Higdon Homes is developing Neroche Meadows, comprising 28 homes behind The Bell public house on Broadway Road, with planning approval granted shortly before Christmas 2024.

The original Section 106 agreement for the St. James Close project required a total payment of £75,667 towards sports, arts, and leisure. Of this amount, £56,534 was allocated specifically for facilities within Broadway, including the village hall and cricket club. Payments were due in full before all 16 homes were completed and occupied, with no records indicating any renegotiation requests from the developer due to financial viability concerns.

A Somerset Council spokesperson stated: “We can confirm the council is owed £34,982 by Higdon Homes Ltd. This includes £14,904 designated for strategic facilities such as artificial grass pitches, swimming pool, and sports hall contributions. The remaining balance is for the community hall, intended to help improve Broadway Village Hall. Our legal team is actively working towards resolving this matter.”

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