Agenda item

7.1

The Director of Development Services submitted a report outlining to Members the response from Salt Box Developments Ltd (managed by Jaguar Estates Ltd) to the possibility of Planning Enforcement Action being pursued and presented options for Members to consider and decide upon a strategy that should resolve the two issues outstanding at this development.

7.2

The report stated that there were two outstanding issues at this development. Firstly the construction of the road inside the development had not been completed and therefore the Highway Authority had been unable to adopt the road as ‘highway maintained at the public expense’.

7.3

Secondly, it was a condition of the Planning Consent for this development that pedestrian refuges be constructed on the A61 prior to work commencing on site and to date, these refuges had not been constructed, although the majority of the development had taken place. There was also a requirement to resurface the footway abutting the development site boundary.

7.4

At its meeting held on 2^nd November 2010, the Committee received a report from the Director of Development Services which gave an update in relation to the provision of refuges on the A61 near Salt Box Lane. The Committee resolved that (a) the report now submitted be noted; (b) the decision to provide refuges at the junction be reaffirmed; and (c) officers be requested to continue negotiations with the developer of Case No. 05/04790/FUL (for a period of up to three months) to seek a signed and sealed Section 278 legal agreement for the provision of the refuges as outlined in the report and, should this not be agreed within three months, for the Director of Legal Services and Head of Transport and Highways to pursue enforcement action against the developer.

7.5

During the intervening period, progress had been made regarding development of an acceptable layout and bollard specification for the refuges. Verbal updates had been given by officers at various meetings of the Committee. However, the necessary work to construct the refuges had not yet begun and Jaguar Estates who manage the site did not anticipate the work being completed this year. Officers and Members had been sensitive to the need to reach a negotiated solution with the developer in order to try to ensure that Salt Box Developments Ltd remained in an economically sound position to complete the development. However, the lack of progress had become increasingly frustrating and culminated in the Chair of the Committee requesting an internal meeting with officers from Planning, Highways and Legal Services to discuss options for securing a more positive outcome than had thus far been achieved.

7.6

Rod Wadsworth, representing Jaguar Estates Ltd., attended the meeting and informed the Committee that the highway works outlined in the report would commence shortly. However, he could not commit to work on the refuges being installed at the present time due to a lack of funding available to support the works.

7.7

RESOLVED: That (a) the report be noted;

(b) the Director of Development Services be informed of the concerns of the Committee that the situation had been allowed to remain unresolved up to this point;

(c) requests that officers continue dialogue with Jaguar Estates Ltd. to attempt to resolve the issues outlined; and

(d) a further report be submitted to the Committee in four months outlining progress made since this meeting in attempting to resolve the issues outlined in the report.