Housebuilder issued with stop notice after carrying out works before section 106 agreement finalised

Hinckley and Bosworth Borough Council has ordered developer Persimmon to stop preparatory work at a site in Leicestershire, stating that the earthworks it has carried out “go above and beyond enabling works”. 

earl shilton

Source: Persimmon

A CGI of what the scheme at Earl Shilton will look like

The 81-home scheme in Earl Shilton, ten miles from Leicester, was granted planning approval at the start of September, but the section 106 agreement has yet to be finalised. 

Persimmon cannot start work on-site until the legal agreement is in place. However, heavy machinery was recently spotted on the land, with signs that earth had been moved.

The council stated that enabling works, such as vegetation clearance, can proceed before permissions and the section 106 agreement are finalised. However, it noted that the earthworks carried out went “above and beyond” what is permitted.

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The local authority imposed a stop notice on 1 November, which will remain in place for 56 days.

A spokesperson for Persimmon Homes said: “Persimmon Homes continues to work collaboratively with Hinckley and Bosworth Borough Council to deliver the much-needed homes and associated community benefits from this allocated site. 

“Enabling works were initiated in good faith to prepare the site for development once the permission and section agreements are in place.”

The spokesperson added “Given concerns raised by residents on the extent of the works being undertaken, we have demobilised the site in line with this notice.”

Persimmon said work is progressing on the s106 agreement, which will enable the development to commence in the New Year.

Hinckley and Bosworth Borough Council councillors previously described the development plans as “half-baked” because of concerns regarding the temporary road that will provide access to the site.

The temporary road will eventually be replaced by a new access road from Mill Lane, which is part of the Earl Shilton Sustainable Urban Extension (SUE), a 1,500-home development approved by the council earlier this year.