Following a number of reports and queries to Cherwell District Council as there were serious concerns about a variety of issues, a response was received on 1 December 2020 from the Enforcement Officer:
“Cherwell District Council officers met today [1 December] with Mulberry Homes and an Oxford County Council Drainage Engineer to discuss all outstanding issues that would prevent the successful discharge of the surface water drainage condition. The levels condition has also not been discharged; however, CDC officers are content in principle with the majority of finished floor levels across the site. Application 20/01491/DISC was refused because the levels for plots 20-29 were not acceptable and revised levels and/or alterations to the house types are required. No development is to occur on these plots and Mulberry Homes have agreed to secure that part of the site with heras fencing until that matter is satisfactorily resolved.
Last week the Council had significant concerns regarding the viability of the developer’s surface water drainage proposals which if not implementable would have potentially affected the implementation of the approved site layout. These concerns were of a magnitude that the Council could not be assured that ongoing development in breach of the planning condition would not be significantly harmful. As such, Mulberry Homes were asked to stop all construction works by Friday 27th before a temporary extension was granted until the end of Monday 30th.
Following today’s meeting a number of these drainage concerns have now been addressed. There remain a couple of potential issues where further information is required to satisfy the Council’s concerns and Mulberry are to carry out a detailed ground level survey today and provide new drainage calculations. The situation is very much still ongoing and further meetings are expected later on this week.
The Council maintains its position that work should not have commenced in breach of condition. However, the expediency of serving a Temporary Stop Notice (TSN) has lessened significantly since last week. The Council will expect the further details to be provided promptly and should any new concerns be raised by OCC or CDC drainage engineers the situation will be re-evaluated. The TSN has been drafted and can be served at a moment’s notice. With the extant threat of a TSN being served, the developer is under significant pressure to fully cooperate with the Council, the benefits of which have been seen over the past few days.
Should the details provided today [1 December] not prove to be acceptable a TSN may still be required. However, as the situation is ongoing this is constantly being assessed. The flood risk to surrounding areas should not have increased significantly compared to when the land was undeveloped and the developer is building at their own risk. Should the drainage scheme prove to be unworkable the Council has powers to ensure all unauthorised work is removed but as there is no immediate risk the benefits of serving a TSN now are limited whilst the developer is already fully cooperating.
Although not necessarily enforceable, construction traffic through the village was discussed. Mulberry have already stipulated within their contracts that deliveries are to avoid the village and they have promised to take up the reported contraventions with their suppliers. Officers have been informed that a wheel washer has been brought onsite and daily road sweepings are to continue. Mulberry Homes have been instructed to address recent reports of works beginning from as early as 7.45am and to prevent any construction vehicles parking on Blackthorn Road.”