Monday, 19 July 2010

BREACH of Planning Permission by Telford Homes plc

BREACH of Planning Permission - development works have commenced 

Below you can find a link to the planning permission - the planning application and all the supporting documents submitted for the revelopment of the Eric & Treby Street estate PLUS the decision notice relating to the this application.
PA/09/2065 - Full Planning Permission - Regeneration of Eric and Treby Estate comprising the refurbishment of existing buildings, the demolition of 14 bed-sit units at 1-14 Brokesley Street and the erection of buildings between 1 and 7 storeys to provide 179 residential units Decision Notice - PERMITTED (22nd March 2010)
This is what the letter from Planning Enforcement says
The site visit revealed that works at certain sites appear to have commenced, which in the Council's opinion constitutes the commencement of the development.
This opinion - in writing - is extremely important, as MERA has received professional advice as to planning case law.

This indicates that commencement of work on site without satisfying the pre-commencement planning conditions can 
  • invalidate the planning permission 
  • lead to the planning permission process having to start again from scratch.
We're going to be consulting with our advisers in the next few days as to whether or not we pursue this line with the Council. 

Much will depend on the response of the developers to the breaches of planning conditions.

Below is one example of how the planning permission/conditions have been breached (more explanation later).

Open Space 3 -  The Plan

Open Space 3 - works have commenced
These BREACH both the permitted development and planning conditions 

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