The Overage Agreement is agreed by both Saputo (Dairy) UK and Totnes Community Development Society on 23 December 2019. Their solicitor writes “we have taken instruction from our client and your proposal is agreed in principle”. The draft overage agreement is issued, and the agreed purchase price is £460,000. The overage agreement will be in place for 20 years and will apply to the retirement housing element of the scheme.
An Atmos Totnes news update: The reptile relocation from Atmos Totnes has completed, extended across the summer due to several hot spells. The numbers collected, and moved to safety, prior to work starting on site: Slow-worm: 155, Common Lizard: 6, Barred Grass Snake: 6. We know many volunteers are keen to work with our ecologists on the next phase of work, so apologies we were not able to make this happen over the summer and we look [...]
Natural England grant a European Protected Species Licence to TCDS for mitigation works in relation to the bats on the site.
Capital funding of £2,576,400 is approved by the National Heritage Lottery Fund for the refurbishment and development of the Brunel Building in December 2019 but notification of the award is not made public due to standard Lottery terms and conditions until the early part of 2020.
Tom Atherton at Saputo advises that he is prepared to accept £460,000 from TCDS with an overage clause relating to any additional value created by the older persons housing. TCDS are unhappy with the initial version of the overage agreement as proposed by Saputo, and so discussions begin between legal teams to create a version everyone is happy with.
Saputo (Dairy) UK state that they are considering another offer for the residential part of the site. TCDS warn that they will seek legal advice and recompense if Saputo do not honour the agreements with TCDS particularly as it has been their delay in dealing with the withdrawal of McCarthy and Stone.
TCDS propose that the exchange takes place as soon as practically possible. The preparation of a permitting schedule within the wider strategy to mitigate the flood risk and risk of contamination from surface water during demolition and construction is completed and agreed with the Environment Agency.
On October 14th, Patrick Gillies asks to visit the site, saying he has been asked by Saputo to give them his opinion on the site. Tom Atherton confirms this is the case via a phone call with Dave Chapman. He says he already has the JLL valuation, and on October 16th is emailed the gate codes and a Health and Safety pack.
Saputo (Dairy) UK board confirm that they are happy to sell the site to TCDS for £460,000 with an ‘overage’ (money to follow later upon development) on the land area set aside for the retirement housing. Saputo (Dairy) UK instruct their solicitors (Eversheds) to draw up the agreement.
Alongside its wider activities, over the past few years the Totnes Community Development Society has been developing detailed plans for redevelopment and refurbishment of a range of buildings, including the Mansion in the centre of Totnes and the Brunel Building as part of the Atmos Totnes site next to the railway. If you would like to talk to staff and Directors of Totnes Community Development Society about the work it does, and see the plans [...]