A HOUSING developer prosecuted for flouting planning conditions set out by Barnsley Council has labelled the local authority as ‘petty’ - after a judge fined them almost £8,000 following a court showdown.
Gleeson Developments - responsible for building estates including Elwood, Lundwood, and Blyth Street, Wombwell appeared at Barnsley Magistrates’ Court on Monday relating to two charges brought by the council.
The charges were down to the materials used on its driveways, as Gleeson prefers to use gravel rather than a solid surface, and the council claimed that the developer’s insistence on pressing ahead breached a condition of its planning consent which required a ‘solid-bound material’ to be used.
Gleeson said gravel was an ‘environmentally-friendly material’ which helped to attenuate surface water run-off and its low cost enabled them to build low cost homes for first-time buyers.
The long-running dispute has been contested in five separate planning appeals over the last two years in which the council won all five - and subsequent court proceedings were launched after Gleeson refused to comply with enforcement notices which instructed them to put things right.
Gleeson, having initially pleaded not guilty, changed its plea and accepted guilt which led to a reduced fine being imposed by Judge Naomi Redhouse.
The fine for each charge could have been £2,500, but that was reduced to £1,900 and along with covering the council’s costs and a £170 surcharge, the firm has to pay £7,818 in 28 days.
A spokesperson from the Sheffield-based firm told the Chronicle: “The size of the fine demonstrates what the court thought about this petty prosecution.”
Gleeson, which originally said it has invested £50m in Barnsley’s economy and that a planned £20m investment would now be ‘directed elsewhere’, sought consent for a 97-home extension at another of its sites in Bolton-upon-Dearne last year but were knocked back due to their ‘past behaviour and their refusal to enter into correspondence’.
A spokesperson also confirmed that a scheme for correction work has been submitted to the council.
Final clarification, it says, is needed before contractors could be sent in to do the necessary work which will involve removing the gravel and installing hard-surfaced drives.
Coun Roy Miller, cabinet spokesman, said the council is engaging with Gleeson following the case’s outcome in order for the corrective work to be carried out on the driveways.
“Barnsley Council note the outcome of the case,” he added. “We had hoped such action could be avoided but this demonstrates that we will pursue planning enforcement matters in the courts where justifiable and when all other avenues have been exhausted.
“We are continuing to engage with the developer to secure compliance with the relevant planning conditions as soon as practicably possible so that this matter can finally be brought to a close.”
