Laura Coe concerned with planning 'breach' by Persimmon Homes

The proposed path and cycleway will run alongside Laura's house in place of this grass

Resident Laura Coe has expressed concern that Persimmon Homes has 'breached' planning conditions as work to complete a footpath and cycleway at Birch Hill Gardens have started five years after planning was originally granted.

Planning permission granted by the Council on 22 November 2012 stated: 'The proposed pedestrian access link from the site to reach the Council-owned public open space to the east of the site, (next to plot 353), shall be provided and made available for public use before any of the dwellings on plots 301 - 308 or 353 are first occupied.

'The details of the new opening, including its width and the treatment of the brick boundary wall at that point, together with appropriate measures to regulate its use for pedestrians and cyclists only, shall first be submitted and approved in writing by the local planning authority before those works are undertaken and shall be retained thereafter.'

Rochdale Online asked for the details from Rochdale Borough Council, but no document was received from Persimmon or the Council. No similar details could be found on the Council’s planning portal.

The original planning application which was submitted on 23 August 2012 also notes there should be a ‘strict timescale’ for completion of the path next to Laura’s property.

However, Laura has been living at her home on Oakley Way since June 2014, one of the plots earmarked for occupation after the path was supposed to be constructed, and the final one to be completed.

She commented: “My understanding is that planning permission elapses after three years. As this was first submitted in 2012, then this would be way over and would need resubmitting to allow residents the opportunity to air their views, especially as we are bound by a TP1 [part-transfer] which means we have to take over responsibility for the upkeep of shared areas, of which this would be one."

She contacted the Council’s planning and highways department, and Persimmon Homes, in May this year but until recently, had not received a response.

Just three days ago, Laura, who is currently on maternity leave, discovered two builders at the side of her property, measuring up for ‘significant, disruptive works.'

She said: “I believe the works contravene the planning application submitted by Persimmon in 2012 destroying part of a listed feature and causing untold disruption and upset to myself and my neighbours.

"Earlier this year, one of our neighbours questioned a Persimmon employee who openly stated that a path were to be built and a gap in the wall were to be cut right next to our properties, causing untold problems, yet without any consultation or discussion

“I am also unsure as to why none of this was communicated to residents without taking the original planning consents back to consultation especially considering other safety aspects. There is a deep-water ground water pond located less than 100 yards on the other side of the wall and this will add countless additional issues to the estate.

“Nobody has communicated this to us. Asking for additional time in any building site would be reasonable but three years and four months later is a ridiculous amount of time and surely takes the permissions beyond the legally allowed timeframes.”

In addition to the path, Laura says Persimmon have not built two walls present on her deeds, instead planting a line of bushes and a wooden-fence.

She continued: “Adjacent to our property where there is now a line of bushes, on the plans it clearly stated that there was to be a 1.8m high brick wall. If this ridiculous proposal is to go ahead, then we will insist that Persimmon build it, as we will be certain of a reduction in the security surrounding our property.

“There also should have been a curved brick wall between our garage and garden gate, but the site manager at the time erected a wooden fence and not as per the plans. This wall would also need building.”

Laura now intends to take the matter to the Local Government Ombudsman for investigation.

She added: “I would hope that whilst this is still being looked into that the works for the path do not start, as the builders who I found down by my garage informed me this would be happening next week.”

A Rochdale Borough Council spokesperson said: “We are in contact with Persimmon who have been preparing the site for work to start next week on the footpath.

“They requested more time to implement the footpath for safety reasons as the phasing of the development of the site meant it would have provided a direct access into the area under construction. It is regrettable that the developer did not make clear to residents the intention to implement the footpath at a later date.”

A spokesman for Persimmon Homes Lancashire said: “The footpath is a requirement of the planning consent for this development and we are liaising with Rochdale Borough Council to ensure the work is completed.”

Persimmon did not respond to an invitation to comment further.