The following is a statement from Cheshire East Council with regards Hazel Bank development. The Parish Council and the action group will be having further discussions with Cheshire East council on this matter:
“As you are aware Bovis Homes started work on the access to the site. Condition 19 on the original outline approval granted at appeal requires that prior to any development taking place that they should form the access and visibility splays in accordance with the plan. It is this specific condition that has been the subject of much discussion and whether the access could actually be formed – and thereby potentially stifling the ability to start work on the rest of the development.
The assumption had been that the visibility could not be formed because of a dispute over the ownership at the far end of the visibility splay. Unfortunately, it appears that rather than requiring the visibility splay to be secured (i.e. with all the relevant ownerships in place) the condition merely requires that the visibility splay to be provided in accordance with the plan. Enforcement and Highway officers of Cheshire East Council have now confirmed that the visibility splay has been provided in accordance with the plan and legal officers have established that this provision is all they are required to do to discharge the condition.
As a result Bovis Homes are now free to proceed with their development in respect of that condition. I can also confirm that all other pre-commencement conditions have now been discharged so there are no breaches at this time.
As it stands it seems highly likely that Bovis Homes will have a future problem in demonstrating that they can secure the visibility splay – if they don’t have full control over it. However, that will be something that will have to be resolved at a future date (probably when they try to secure sales) and not at this time.”