Crest Nicholson Breach Planning Consent

UPDATE: 3 November 2016

Reply received today from Waverley Borough Council re planning enforcement visit, advising that there was no breach of planning after all.  However, concerns have been raised about the presence of “two large mechanical excavators which were identified as belonging to a demolition and construction company. Both machines were fitted with grab claws which, in our opinion, would serve the purpose of demolition.” Apparently the  construction workers were also no longer present at the time of the visit.

Full email :

“Further to our previous correspondence this week in respect of the above, I am writing to provide you with an update following William Gibb’s (Planning Enforcement Officer) site visit to Horsham Road on 1^st November 2016.

A site visit was undertaken for the purpose of confirming whether or not works have commenced to demolish the properties at 106 and 108 Horsham Road, Cranleigh.  On arrival to the site, it was noted that security fencing had been erected to the front and side of the property at 106 Horsham Road; however, at the time of his visit, there were no construction workers on site.

It was also noted that works had commenced to strip out internal fixtures and fittings at both properties and especially the property at 106 Horsham Road.  These works would not be considered to be development, and as such, there has been no breach of planning controls. It is also confirmed that no works have taken place to demolish the two properties, and as such, there has been no breach of the planning permissions.

Concerns were raised, however, about the presence on the site of two large mechanical excavators which were identified as belonging to a demolition and construction company. Both machines were fitted with grab claws which, in our opinion, would serve the purpose of demolition.  William Gibb has been in communication with the agent for the developer to raise concerns about the presence of such machinery on the land at 106/108 Horsham Road.

I trust this interim response is of assistance, however, should you require any additional clarification of our investigations, then please do not hesitate to contact me.”

End of email

Original post 2 November 2016:

Yesterday morning residents living near to the Crest Nicholson site, Horsham Road, woke to the sound of heavy demolition machinery working on the removal of number 106 and The Chantrys bungalow, these properties stand in the way of the access road to the Crest housing estate.

This was in clear breach of the planning consents of both the outline and detailed planning permission, which required that various conditions be executed prior to any work being commenced.

Cranleigh Civic Society, together with other residents, emailed Planning Enforcement at Waverley Borough Council requesting that they urgently investigate the matter.

Waverley acted quickly and sent an enforcement officer to the Crest Nicholson site yesterday afternoon and have confirmed that:

“The planning permissions do indicate that a demolition should not occur prior to the relevant pre-commencement conditions being discharged. This has been highlighted to Crest Nicholson on previous occasions.”

It transpires that in July Crest applied to Waverley to demolish the properties and were refused permission. However, it appears that, despite being reminded of their obligations “on previous occasions“, Crest Nicholson have carried on regardless.

This is not the first time that residents have felt completely let down by the behaviour of Crest Nicholson.

Contractors working on the Horsham Road site said that they planned to demolish both properties on Monday and only stopped because they found live electricity on the site.

If it is proved that a planning breach has occurred Waverley can issue an enforcement notice on Crest, requiring compliance with planning consent. It is extremely disappointing that a huge developer like Crest, who will be more than aware of the rules relating to the planning consent, appears to be sidestepping them.

Failure to comply with an enforcement notice is a criminal offence and can result in a fine of up to £20,000 on summary conviction in Magistrates Court, or an unlimited fine on indictment in a Crown Court.  However, it appears that this is not a sufficient deterrent for developers wanting to act in their own best interest.

The enforcement process itself is discretionary and arbitrary and developers have the right to appeal.  Please continue to be vigilant and let us know of any activity on development sites.  It is extremely important that pre-commencement conditions are adhered to, without these, we can assume, that planning consent would not have been acceptable or granted by Waverley in the first place.