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Eden Planners serve legal notices on developer

[P]lanning Enforcement Officers from the Eden District Council have ordered work to stop at the Persimmon Homes site known as Carleton Heights, Penrith unless the developer complies with the planning conditions relating to construction traffic.

Planning permission was granted in August 2016 for Persimmon Homes to build over 500 homes at Carleton Heights subject to a number of planning conditions. It was required that a Construction Traffic Management Plan (“CTMP”) was submitted and approved to the Council before works commence. The CTMP would confirm:-

  • Where construction vehicles access the site
  • What times of day construction vehicles access the site
  • The number of construction vehicles arriving at the site each day
  • The route that construction vehicles will take to reach the site

Planning permission was granted subject to this planning condition to ensure that disturbance to residents by construction traffic would be minimised through adherence to the CTMP. No CTMP has been approved on site and therefore there is a breach of a planning condition.

Therefore a Breach of Condition Notice was issued and served on the 16 November 2017 requiring that the condition is complied with by no later than 16th March 2018 or works must cease on site. If the developers continue to develop the site after 16 March 2018 without complying with the planning condition they will be committing a criminal offence.

Councillor John Thompson, Chairman of Eden District Council’s Planning Committee, said: “This site will deliver over 500 much needed homes to Penrith over the coming years and we are grateful that developers are investing in Eden. However I want developers to be crystal clear that they must and will be required to comply with their planning conditions or they will receive a visit from our planning enforcement officers. We do not tolerate developers breaching their planning requirements. The Council will take legal action when breaches of planning conditions impact on the safety and amenity of our residents.”

Construction traffic can have a big impact on the lives of neighbouring residents if developers ignore their planning conditions. Eden District Council will use all legal powers at its disposal to ensure planning conditions are followed.
For more information about Eden District Council visit or call 01768 817817.

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