East Devon District Council has today sent a strong letter to Wainhomes outlining what action they will take in the event of Wainhomes continuing to ignore the conditions placed on them by the planning inspector who granted them permission at appeal to build 50 houses in Feniton.
Wainhomes’ failure to comply with planning conditions has been well documented on my blog, in local media and on national television. The issue of landscaping has been a concern to many … not least the residents who are currently paying an annual sum to have the unlandscaped areas maintained! It shows an extraordinary arrogance on behalf of the developer that they should treat their customers so shoddily.
The full text of the letter is reproduced below. I would hope that Wainhomes now complies with the conditions, with the very real threat of legal action hanging over them.
Land adjacent to Louvigny Close, Feniton: Breach of Condition and Failure to Comply with S106 agreement
I refer to the planning permission previously granted on appeal under our reference 11/2481/MFUL and the subsequent discharge of conditions issued by us on the 6 December 2013 which agreed the details for a number of requirements associated with your development at land adjacent to Louvigny Close in Feniton.
Following a recent site visit it is readily apparent that little off-plot landscaping, associated with the development has been installed or planted, some has not taken and is now dead and in particular, aspects such as the play facility are not installed – this situation is not acceptable and harms both the setting and function of your own development as well as the setting of the village. Coupled with the failure to provide the Scheme for a Management Company required by the Section 106 agreement, there is currently a breach of both Condition 8 and the legal agreement. I have therefore discussed this matter with the Council’s Planning Barrister and urgently seek your cooperation in resolving the outstanding and unacceptable situation.
I note that you have previously indicated your unwillingness to provide facilities such as the allotments, footpath link and community building in light of the Inspector’s assessment and I understand the position that you have sought to take following that decision. However these facilities are all shown on the landscaping plans which you submitted in respect of Condition 8 and which were approved by the Local Planning Authority. Both your submission and the subsequent agreement were after the Inspector’s decision and therefore it would not be an unreasonable expectation that in accordance with the agreed plans, these facilities are still to be delivered.
However I remain mindful of the Inspector’s decision and in order to save wasted expense on the part of both yourselves and the Planning Authority, I would like to invite you to submit a revised and updated landscaping plan to clarify your intentions in respect of these areas. Such plans must be submitted within 28 days of this letter.
• Full implementation of either the revised or previously agreed landscaping scheme
• Replacement of trees previously planted but which have subsequently failed
• The installation of the agreed play area
• A scheme for the management company which is responsible for the site, including all off-plot landscaping and drainage.
For the avoidance of doubt I expect all these elements to be fully adhered to and completed on site by 4th December 2015.
Failure to adhere to these requirements and provide all the necessary paperwork to address the issues set out above will leave me with no alternative but to further instruct our legal team to commence all necessary legal proceedings.
Both myself and colleagues have in recent weeks offered to meet with representatives from Wainhomes either in the offices here or on site and I am disappointed that none of these offers have been taken up. In an attempt to resolve this situation I can confirm that those offers still remain and I would strongly encourage an early dialogue in respect of the matters identified.