03/08/2026
Copy of email sent to KCC this morning..
Good morning John,
Many thanks for your email stating that the matter is now with KCC legal team.
Our group of concerned residents has grown considerably and now includes residents from all our neighbouring roads and beyond, with this growth has come greater knowledge and support. I have attached a document provided by a member of our group that you may wish to share with your legal department.
You will note the document was agreed in 1972 between Broadstairs & Saint Peters Urban District Council (B&SP UDC) and the developer Kingfisher Homesteads Limited. As you may also be aware of the fact that (Thanet District Council) TDC did not exist at this time and so B&SP UDC would have been the authoritative body.
An interesting point in section (Whereas) item I States – That the “Roads, Footways and Amenity areas, hereinafter together called “The Said Roads”. This statement ties together the roads, footpaths and more importantly the entire amenity area as a single entity “The Said Roads”.
Item iii of the same section states, that as is normal practice, the developer will make up the “Said Roads” at its own expense and that such "Said Roads" will be maintained at "public expense". Bearing in mind the previous paragraph that the roads, footpath and amenity areas form one entity this would infer it was agreed that the amenity space would be maintained “hereafter at the public expense”
There can be no doubt that until recently KCC has stood by its obligation to maintain the “Said Roads, Footpaths” and by association the "Amenity Space" and my assumption is the maintenance of the amenity space is intrinsically tied to the maintenance of the roads and pathways.
My final point relates to ownership and the obligation for maintenance of the “Said Roads, Footpaths and Amenity Space". The agreement makes no definition of change relating to ownership and the fact B&SP UDC would have been fully aware that at the time of signing the agreement B&SP UDC did not own the land. The obligation for maintenance passing directly to KCC with the creation of TDC. It could therefore be argued that a lack or in fact change of ownership does not remove KCC`s current obligation to maintain the Said Roads, Footpaths and Amenity Space at no public expense.
I look forward to receiving your reply in due course.
Kind regards
Tim
