Workmen at Birch close
© Rosalind Whistance

Councillors and residents accuse developer of breaching planning conditions in Freshwater

Councillors and residents have accused a developer of starting work on a major Isle of Wight housing development in breach of a planning condition.

Councillor Chris Jarman and Councillor Peter Spink have joined Freshwater locals in condemning Journey Estates Ltd for bringing machinery into Freshwater’s Birch Close in what they say is a breach of a planning condition attached to an approved 2022 proposal.

County Hall granted Journey Estates conditional planning permission to build 44 houses on land to the east of Birch Close, subject to conditions.

Planning consent runs out in a few days’ time
In a joint statement issued yesterday (Wednesday), the Empowering Islanders councillors said,

“Conditional planning permission was granted on February 21, 2022. In the interest of highway safety, condition eleven required a Traffic Regulation Order for double yellow lines to be in place before development could begin.

“Despite the applicant being aware that the traffic order had been refused and that to begin the development would be contrary to the conditional permission, machinery was brought onto site last weekend.

“The presence of alert residents together with the ward councillor, Chris Jarman, on Monday was sufficient to ensure that work did not begin.

“It is likely, however, that there will be another attempt to start work as the planning consent runs out in a few days’ time.”

Boulter: An enforcement officer will visit the site
Ollie Boulter, strategic manager for planning and infrastructure delivery at the Isle of Wight council said this morning,

“From a planning enforcement perspective, an enforcement officer will visit the site and record any work that has been undertaken and consider what the next steps for the local planning authority (LPA) will be.”

Chick: Unauthorised, but not unlawful
Last Friday, Russell Chick, planning development manager at the Isle of Wight council, said,

“We have been notified that a digger is on site, but not operating. In light of that, we will look into the matter in accordance with the council’s Planning Enforcement Policy and I will carry out a site visit next week.

“At this stage, implementation of the development would breach two outstanding pre-commencement conditions, and I have informed the developer’s agent of that this week.

“If the development did proceed in breach of those conditions, then it would be unauthorised, not unlawful.

“That means that commencement may not invalidate the existing planning permission, and we would need to undertake investigations to understand whether works undertaken would prevent the works required by the two remaining pre-commencement conditions from being complied with.”

Attempts have been made to contact Journeys Estate for comment.


This article is from the BBC’s LDRS (Local Democracy Reporter Service) scheme, which News OnTheWight is taking part in. Some alterations and additions may have been made by OnTheWight. Ed