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Council serves breach of condition notice on housing developer after residents complain

Stoke-on-Trent City Council has started formal planning enforcement action against the developer behind a 227-home project after an investigation found "serious breaches" of the project's construction management plan (CMP).

The local authority has served the developer, Barratt Developments, a Breach of Condition Notice (BCN) after concluding that it had used incorrect vehicles and delivered materials outside agreed working hours, amongst other breaches.

The developer received planning permission to build the housing development on land north of Meadow Lane, Trentham, in September 2020. As part of the planning permission, the local authority required a CMP to be submitted and approved, setting out working hours, delivery practices, dust management strategies, and other provisions aimed at reducing the impact of the works on neighbouring residents.

However, a council investigation found that articulated vehicles were being used on the site, despite the CMP dictating that vehicles accessing the site will be limited to a maximum size of a 12m rigid vehicle.

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In addition, deliveries were being made prior to 8 am, with multiple reports of deliveries from 7 am onwards. This is in conflict with the CMP, which states that working hours are between 8 am and 6 pm Monday to Friday and 9 am to 2 pm on Saturday.

The council also said that deliveries had been made outside the site and development area, causing issues for residents.

Vehicles were also exiting the site in reverse gear, which "is a breach as it is a safety issue and not part of the CMP," the council said. In addition, the developer has failed to clear dirt and mud on the road, the council noted.

Councillor Daniel Jellyman, a cabinet member for infrastructure, regeneration and heritage, said: "The city council, as acting the Local Planning Authority, has been dismayed at the number of residential complaints we have received for this site."

Cllr Jellyman added: "On further investigation, we have found a number of serious breaches to the CMP, of which we have acted accordingly, inspecting and ensuring the correct actions are taken. I would like to take this opportunity to thank residents for reporting the issues directly to us.

"As a council we will go to the full extent possible in law to enforce against developers who think they can act outside of the rules."

The maximum fine for a BCN is £2,500. Should further breaches occur, then the council could prosecute for non-compliance, the local authority said.

Barratt Developments has been approached for comment.

Adam Carey

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