Housebuilder believes it had complied wtth requirements for enabling works
A council in Leicestershire has issued a temporary stop notice on Persimmon homes for the second time in 12 months.
Hinckley and Bosworth Borough Council served the notice to the 10,000-home-a-year builder earlier this month after it began construction of homes on the Brascote Park development before all planning details had been agreed.
The scheme had twice been refused permission for the 239-home scheme, which had been described by the council’s leader as a “stupid application”, but ultimately won outline approval on appeal last May and reserved matters approval last month.
The land was subsequently bought by Persimmon from Richborough Estates.
As a result of the notice, which comes into effect immediately, the builder will have to cease all unauthorised works which had been taking place, which included stripping of topsoil, creation of bunding, creation of ponds, formation of compound areas and a car park.
It’s the second time the council has forced Persimmon to stop work abruptly. In November, it ordered the builder to cease preparatory work on a 81-home scheme in Earl Shilton, alleging that the earthworks that had been undertaken went “above and beyond enabling works”.
That scheme had been approved in September but a section 106 agreement had yet to be finalised.
Housing Today understands that housebuilder views the situation at Brascole Park as materially different from that at Earl Shilton, and believes the “unauthorised works” cited by the council fall within the conditions set for enabling works.
Chris Brown, head of planning at Hinckley and Bosworth Borough Council, said “It is disappointing to see that once again Persimmon have gone above and beyond the enabling works they are allowed to carry out at this stage.
“The council is willing to work with housebuilders in the interests of our residents and to deliver much needed housing, but we will use our powers to prevent unauthorised works when necessary.”
A Persimmon Homes spokesperson said: “We’re disappointed by the council’s decision to issue a stop notice at Brascote Park. We believe this decision is unwarranted and risks causing unnecessary delays to the delivery of much-needed new homes for local families on an allocated housing site.
“All works have been carried out entirely within the permissions. The Section 106 agreement, including the scope of enabling works, was set at the outline planning stage before Persimmon’s involvement in the site and we haven’t sought to make any alterations to this agreement.
“We’ve worked constructively with the council throughout and are keen to resolve this quickly.”
Non-compliance with the order could lead to prosecution and a fine. The council says it will now meet with the housebuilder to address “ongoing concerns”.
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