Received from Somerset Council on 6th March 2026
Dear Local Councillors and Residents,
We are writing to you to confirm that as previously outlined during a briefing meeting with yourselves on 3 November 2025 and as detailed in our external communications following this, (Council to remove public access over permissive path at Packsaddle site), we have now received formal notice of legal action by the developer against the Council for breach of contract of Option Agreement (signed with Somerset County Council on 27th July 2022).
This has the potential to cost the Council at least £500,000 of public money, potentially more with added interest and further legal fees.
We understand the strength of local feeling – we have carefully reviewed our options once again. The conclusion has not changed, either this Council fulfils its obligations within the contract with the developer and fully supports and aids the developer in its pursuit of planning permission, or it will face challenge for breach of contract.
We are therefore informing you that as part of the ongoing management of the land in preparation for disposal and development, the Council has scheduled the closure of the permissive footpath which runs south to north across the field and the installation of fencing to preserve the public right of way located in the north/north east corner of the site.This will take place from Tuesday 10 March 2026.
These measures are needed to ensure responsible stewardship of the land while the long‑term future of the site is determined.
As we have outlined, the Council has allowed the permissive footpath through the site as part of a casual arrangement which was always subject to change should the site be disposed of.
The Packsaddle land is not designated as public open space. For many years it was held in reserve as a potential school site. Following a review in 2022, the Council confirmed that local pupil numbers are fully supported by existing education provision, meaning the site is no longer required for future school development and a decision was made to dispose of the land.
The site is currently listed as an Asset of Community Value (ACV)as per an ACV registration (by Mendip District Council, dated 31st January 2023). This designation gives the local community the opportunity to bid for the land should it subsequently be offered for sale. The ACV status remains unaffected by any fencing or boundary works, and these activities do not alter the protections or rights provided by the ACV process, albeit do not supercede the pre-existing contract with developer.
Should you have further questions please do get in contact.
Yours sincerely,
John Kulasek (he/him)
Interim Head of Property
Somerset Council
07811313259 or 07765160441
