Breach of planning conditions where land owner is Unitary Authority

Question

We have a nearby development, where the developer is in breach of one of the planning conditions set out in the planning permission.  The breach relates to a Construction Management Statement, which limits the size and weight of vehicles delivering supplies to the site during the development to 6 Wheel 15 Tonne.  This is due to the narrow roads of the residential area which the site is accessed through.

The issue is that the development is being done on behalf of the Unitary Authority and they own the land.  I have repeatedly complained to the enforcement team about breaches, but they have come back and stated, that they cant carryout any enforcement action, because that would be on themselves!  So this is basiclly meaning that the developer can carry on breaching the planning conditions without any recourse or enforcement!

What can I do next about this?

Answer 1

Complain to the Local Government Ombudsman but remember there is a process to be gone through.

Answer 2

Who was the applicant for the planning permission?

Comments

A development company owned by the unitary authority

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So the development company is a separate legal entity and the UA should take action as they would with any other developer. Take the extreme example - the development company decides to build more properties than they have permission for. Would the UA be able to ignore this?

Answer 3

If you haven't already, you could try your divisional ward member for their representation - that is what they are there for after all..