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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Enforcing Planning Condition on Roads

Former Member, modified 10 Years ago.

Enforcing Planning Condition on Roads

I have a development that was commenced in the late 90's and currently the last two buildings that formed part of the permission have never been completed and are now unlikely to proceed in the format for which the permission that was granted.

The conditions at the time did not require the developer to complete the finished surface on the private roads within the development until everythng was complete so now there is a situation 15 years on when the roads are not complete and there are still iron works on the road that are raised by about 50mm.

There are some further complcations in that the original company who developed the properties went into liquidation and has since passed through the hands of two other companies.

Is there anything that can be done to force the developer to complete this work?

 

Former Member, modified 10 Years ago.

Enforcing Planning Condition on Roads

in my experience the short answer is no

Former Member, modified 10 Years ago.

Enforcing Planning Condition on Roads

Didn't the developer enter into an agreement with the Highway Authority under s. 38 of the Highways Act 1980 for the adoption of the road? If there is such an agreement, then it will contain a bond which can be called on and used by the Highway Authority to complete the road.