A FORMAL legal agreement has been agreed today between Wychavon District Council and Persimmon Homes after the company breached a condition outlined by the Secretary of State relating to its Yew Tree Hill development in Droitwich.
A planning injunction was served by the council to prevent Persimmon from carrying out anymore work on the Copcut development until it had sorted out highways issues.
The company had been told it must widen Pulley Lane and carry out works on the junction of Pulley Lane and the A38 before the construction continued on the rest of the development.
In starting work on site and selling homes, Persimmon has breached a planning condition imposed by the Secretary of State on July 2, 2014, which Wychavon’s housing and planning manager David Hammond said was put in place in the interests of public safety.
There were concerns construction traffic could meet with road traffic, including cyclists and pedestrians on a road that was currently ‘too narrow, unstable and unsafe for construction vehicles’.
Coun Richard Morris told The Standard: “I have had emails from residents who were too scared to let their children use Pulley Lane because of the traffic.
“A lot of residents have been concerned about the development being started without the highways issues being resolved.”
But in the last few hours there has been a legal agreement between Persimmon and Wychavon that will enable the developer to continue work on the site, subject to a commitment to undertake the necessary highways improvements as soon as possible and to put in a mitigation scheme by next Friday (February 10).
The details have been accepted by Worcestershire County Council and were agreed by the High Court earlier today.
A Wychavon spokesperson said: “It basically means Persimmon will undertake all necessary work to the highway required by their planning permission but any further breach of the consent order will result in a return to court.”
She confirmed Persimmon had agreed to pay the council’s legal costs as well.
Andrew Peters, managing director of Persimmon Homes South Midlands, said the company and Wychavon had settled out of court following the injunction.
“An agreement was made between both parties with the involvement of Worcestershire County Council setting out a mitigation strategy to alleviate highway safety concerns.
“Persimmon has worked tirelessly over many months in negotiations with both parties to come to the agreed solution.”
Persimmon also confirmed, with regard to the properties, there were 16 legal completions on the site and 126 of the properties, including registered provider homes, had been reserved.
