Leaseholders in a private block of flats built by Kier Homes on the Worthing seafront are indignant to have to pay to maintain a public toilet out of the service charge.
Planners at Adur and Worthing Council insisted on a public convenience as part of the consent for The Waterfront, on Eirene Road, but when it comes to paying for it, who better than the clueless leaseholders?
The management regime of Chamonix Estates Limited, the freeholder, “clearly demonstrates that the company accepted responsibility for future maintenance of the toilet and indicates that residents would agree to a service charge to cover the costs for maintaining both the public garden and the toilet”.
LKP asked Adur and Worthing Council why it did not choose to make the developer liable for setting aside the funds needed to maintain lavvy.
But it replied that “the ongoing basis for management of communal and public spaces as well as the toilet was for the developer to resolve”.
The council will take on the maintenance of the facility, but only if the leaseholders pay up a commuted sum.
“However, I appreciate this will not address your concerns that Kier Homes should not have passed responsibility onto the residents and I can only request that you continue to take this matter up with the developer.”
LKP asked the council why it had not told leaseholders they could seek a variation in the s106 agreement and were that declined there is a further right of appeal.
“The Ombudsman is currently dealing with the neighbours complaints and will assess whether there has been any maladministration in this case,” said the council.