Abandoned Site

A

Alicec

Guest
A site beside my home was granted planning permission in 2005 and the site was cleared shortly afterward. Just before any building work commenced the granting authority stepped in, as the owners had not fufilled any of the planning permission conditions. The site was boarded up (in the middle of an established residential area) and nothing has been done with it since.
The area is now a major eyesore and has become dangerous as children and youths are breaking into site.
What are my or the County Councils legal options? Thanks.
 
Hi Alicec,

What you posted sounds logical but its not my experience.
As the development hadn't commenced bar clearing the site, it is unlikely the developer was in breach of conditions other than those requiring agreement of certain items and the payment of bonds levies and contributions.
Local authorities seldom stop a site for non-payment of contributions, although that may have changed with the current economic climate.
The need to agree planning agreement items usually galvanize the developer into action, they're not something they'd run away from.
Such issues were not usually cited as reasons for the local authority to require site closure prior to 2007-2008.

I suspect what occurred what that the developer ran into funding difficulties elsewhere, through being over-stretched with work on or being over-borrowed.
This site was hoarded and put on the back burner where it has remained and it is possible that the developer is unable to complete the development.

Mpsox' link is fairly comprehensive, but the options are pursuing someone legally who may have no money to remedy any issues arising.
The local authority may not do this because they themselves have no money to go around chasing "men of straw" through the courts.
Also Mpsox' link suggest entering a site on their register where no resolution is possible in the short term may well leave them exposed.

Which leaves your estate in a bit of a pickle.
Unless, that is, you put the LA under pressure.

If you want to "shout loudest" to get their best attention you should do this by either working through (or forming one if you haven't got one) a resident's association and getting a huge list of signatures and seeking a meeting with your local elected representatives to get their support in pressing the council to take action.

Broaden your brush to include the threats to your peace of mind of the site supporting -

- unauthorised deposition of waste
- unauthorised occupation as a halting site
- focus for anti-social behaviour, under-age drinking, etc.
- health risk to houses and children generally, but also as harbourage for rats, etc.

I'm sure that will get their attention.

:)

If you cannot do this yourself and your neighbours appear disinterested, if may be useful to ask or retain a person well versed in dealing with local authorities, residents associations and developers.
An architect, a solicitor or an estate agent may have the necessary experience - all my seek remuneration, but its your call.

ONQ.
 
I read the list of NAMA properties recently, but its vary vague in terms of specific addresses. You might have to check the area, then ring up the estate agent (!) or solicitor assigned to a property in that area and ask them.
 
If the site is dangerous the council are obliged to make it safe.
If it is derelict the council have the power to tidy it up.
If there is waste etc on site the council can clean it up.
Report it to the environment section and get a reference complaint #.
Keep the pressure on as they have a duty of care to you and residents.
 
My advice would be to ring the council and try to make an appointment with the chief engineer about this. I have been through something similar to this, and it can be messy. But make that phonecall to your local council and start there.
 
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