A LONG-RUNNING dispute which saw Barnsley Council successfully prosecute a housing developer over a breach of planning conditions could result in more action being taken, the Chronicle can reveal.
Gleeson Developments received a bill of almost £8,000, which accounted for two £1,900 fines, court costs and a surcharge, at Barnsley Magistrates’ Court in February having pleaded guilty to using gravel driveways - which are not permitted by the council - at its estates in Lundwood and Wombwell.
Residents at another of its estates, at Bolton-upon-Dearne, who also have gravel driveways, received letters from Gleeson last week which gave them two options of either having tarmac laid on their drive or keeping the gravel, with the developer offering a cash sum for maintenance.
The letter, sent to all Gleeson’s Barnsley residents, said: “The reason why we specify gravel drives, and we do this on all of our 70 developments, is because it is helpful in attenuating surface water run-off, thereby reducing local flooding. The production of tarmac creates extremely high carbon emissions and increases flood risk.
“Barnsley Council say they have policies to reduce flooding and CO2 production, but they oppose gravel drives. Despite our best efforts in educating them, they have gone to the extent of taking us to court.
“The dispute they have is with us and not with residents, who have something called ‘permitted development rights’ which allows you to have a gravel drive. Our disagreement has been going on for some time and we have been taking legal advice regarding our future actions.”
A spokesman from the Sheffield-based firm told the Chronicle that the situation was ‘nonsensical’.
“In 2008 the government withdrew permitted development rights on a national basis for people wishing to replace gravel drives with hard paving. This means that if residents choose to keep their gravel drives, they may do so and Barnsley Council cannot do anything about it.
“This is a nonsensical situation caused by Barnsley Council’s dogmatic approach to this matter which involves them ignoring the impact of what they require on local drainage and C02 emissions.”
Last month Gleeson revealed that they intend on resubmiting a twice-rejected planning application for a 97-home estate on vacant land on Lowfield Road, Bolton-upon-Dearne, which is adjacent to its Lowfield Park development.
The council’s planning board opted to refuse the scheme most recently last June, on the grounds of Gleeson’s insistence on using gravel instead of a solid surface, and a subsequent appeal to the Planning Inspectorate was also dismissed in January.
But the council has reiterated its stance on driveways being covered with a solid-bound surface, saying it will continue to pursue planning enforcement matters in the courts when it’s deemed to be justified.
Matthew Gladstone, executive director for Place, said the local authority is now ‘assessing other legal remedies’ in light of Gleeson’s reluctance to follow its guidelines - in spite of admitting their guilt in court.
He added: “We’re pleased to see that Gleeson Homes is now looking to replace the sub-standard driveways that they installed.
“However, to remedy the breaches of planning control which they pleaded guilty to in February, they are required to surface the full extent of all the drives in a solid bound material. As yet, they have not committed to do this.
“While we continue to hope the matter will be resolved amicably, we are now assessing other legal remedies to ensure this matter can finally be brought to a close.”
