Timescale for landscaping implementation lost by council
February 3, 2023 by Bob Gourlay in forum Planning Forum
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#1473 Bob Gourlay, 3 February 2023, 10:52
Hi, looking for advice if possible.
I purchased a house in a development of around 180 homes. The land behind the southernmost plots (mine included) is shown on the siteplan as to be laid to grass with a new plantation of trees around the border.
There was a condition attached to the planning consent which states that a written agreement on a timescale for the implementation of landscaping must be made before the commencement of development.
It's now 2.5 years since the last home was occupied and the land to the rear is still full of piles of rubble/soil/weeds etc and is a complete eyesore.
The council state, that an agreement was made, however was "lost" in the scanning procedure when their system was changed to online. They say that they have no legal framework that they can use to pursue/take enforcement.
Is there any framework they could use to compare a timescale against a similar development, and then apply to assist our situation
Any help/suggestions greatly appreciated
I purchased a house in a development of around 180 homes. The land behind the southernmost plots (mine included) is shown on the siteplan as to be laid to grass with a new plantation of trees around the border.
There was a condition attached to the planning consent which states that a written agreement on a timescale for the implementation of landscaping must be made before the commencement of development.
It's now 2.5 years since the last home was occupied and the land to the rear is still full of piles of rubble/soil/weeds etc and is a complete eyesore.
The council state, that an agreement was made, however was "lost" in the scanning procedure when their system was changed to online. They say that they have no legal framework that they can use to pursue/take enforcement.
Is there any framework they could use to compare a timescale against a similar development, and then apply to assist our situation
Any help/suggestions greatly appreciated
#1474 Bob Gourlay, 3 February 2023, 10:55
Should have also added, the development is complete with the exception of this landscaping, the developer has now moved and started on another site
#1475 Damian, 5 February 2023, 08:16
If the condition had not been met/approved prior to commencement of the development, then technically the works would be subject to enforcement action as they are unauthorised.
However, being so far down the line… there is nothing I feel the LPA can or will want to do about it now. Especially when large developments often attract quite substantial fees towards the improvement of local amenities, infrastructure, etc…
I cannot see how this document has exactly been lost. There must be something somewhere. But following on from the above, I don’t think it’s sowkthing the LPA would want to address and try to enforce now.
On new developments with similar conditions, applicants would be required to deal with and formally discharge any conditions prior to commencement, occupation, etc…
However, being so far down the line… there is nothing I feel the LPA can or will want to do about it now. Especially when large developments often attract quite substantial fees towards the improvement of local amenities, infrastructure, etc…
I cannot see how this document has exactly been lost. There must be something somewhere. But following on from the above, I don’t think it’s sowkthing the LPA would want to address and try to enforce now.
On new developments with similar conditions, applicants would be required to deal with and formally discharge any conditions prior to commencement, occupation, etc…
#1490 Bob Gourlay, 19 February 2023, 22:34
Damian, many thanks for your reply.
I suspect that, as you say, the council are unwilling to assist.
They state that the agreement on timescale, although discharged prior to commencement of development, details of the timescale were "lost" when they were sent to be scanned to be put on their new online system. This was in 2007.
We are faced now with loss of amenity, a horrendous view of topsoil piles/rubble piles and more recently surface water flooding to our gardens due to the developer building up the surface levels behind our plots higher than the approved site levels.
The system seems to be rigged in support of the developer at every stage, the council have never helped us even though it's their mistakes that have led us to this situation.
Thanks again
I suspect that, as you say, the council are unwilling to assist.
They state that the agreement on timescale, although discharged prior to commencement of development, details of the timescale were "lost" when they were sent to be scanned to be put on their new online system. This was in 2007.
We are faced now with loss of amenity, a horrendous view of topsoil piles/rubble piles and more recently surface water flooding to our gardens due to the developer building up the surface levels behind our plots higher than the approved site levels.
The system seems to be rigged in support of the developer at every stage, the council have never helped us even though it's their mistakes that have led us to this situation.
Thanks again
#1493 Damian, 20 February 2023, 19:17
Can you not lodge a complaint for the LPA to look at taking Enforcement Action?
#1495 Bob Gourlay, 21 February 2023, 01:30
I've battled them for a year or more. They state that because they lost the document which includes the actual timescale, they cannot enforce.
The developer has submitted other landscaping plans on other phases of this development. They all state that landscaping will be completed by the occupation of the last home.
It's rather convenient that this document is lost though, it's a big bit of land, he's tried twice to get permission for 12 homes on it but has been refused.
I had hoped that the council could legally use the other submitted documents for other phases as a guide. E.g the day of occupation of the final home is a fair timescale. It's 2.5 years since the occupation of the last home on our phase!
So unfair. Neighbours are collectively getting on board with the complaint, however if it's true that they cannot legally enforce without the document then we are screwed. Thanks for your comments
The developer has submitted other landscaping plans on other phases of this development. They all state that landscaping will be completed by the occupation of the last home.
It's rather convenient that this document is lost though, it's a big bit of land, he's tried twice to get permission for 12 homes on it but has been refused.
I had hoped that the council could legally use the other submitted documents for other phases as a guide. E.g the day of occupation of the final home is a fair timescale. It's 2.5 years since the occupation of the last home on our phase!
So unfair. Neighbours are collectively getting on board with the complaint, however if it's true that they cannot legally enforce without the document then we are screwed. Thanks for your comments
#2305 LouD, 18 April 2024, 08:06
Raise a Stage 1 complaint. If the LPA have no evidence/record of a timeline being agreed then the LPA have no evidence that they have discharged the Condition. Invite the LPA to obtain a copy of that agreement from the developer or to start again if neither party can provide evidence that the condition was discharged. The condition clearly anticipated that the land would be landscaped for the benefit of the amenity of residents. They are fobbing you off.
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