Do we recall that the planning inspector gave permission for 50 homes at Winchester Park, Feniton?
According to the marketing blurb, there are 55 (you may need to enlarge this picture, from the front window of an estate agent) to see that there are 55 numbered plots, including the show home and marketing suite. If so, should the attenuation tanks be 10% larger?
Note: a correspondent says this is actually a development in Rockbeare which presumably IS for 55 houses – whoops!
East Devon Watch 
If they have PP for 50 houses and have built 55 then 5 of these houses do not have planning permission and EDDC should issue a planning enforcement order.
We should also ask Wainhomes to send its employees back to primary school to learn to count.
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Am I missing something here? First, the building control department fails to ensure that flood attenuation tanks are installed (which I believe was a condition placed on planning being granted in the first place), next, they build 10% more houses than their planning approval allows.
According to the National Careers Service, the work of building control includes “carrying out regular inspections at each stage of the building process, keeping records and issuing completion certificates.”
https://nationalcareersservice.direct.gov.uk/advice/planning/jobprofiles/Pages/buildingcontrolofficer.aspx
“The work
As a building control officer, you would work on the planning and construction phases of building projects. These could range from a small housing extension to a large city centre redevelopment.
Your job would include:
working with architects, designers, builders and engineers on planning proposals
•suggesting ways to improve the cost-effectiveness of materials and energy use
•carrying out regular inspections at each stage of the building process
•keeping records and issuing completion certificates.
You would also be responsible for surveying buildings that have been damaged by fire or bad weather. If necessary, you could approve their demolition. Other responsibilities may include authorising entertainment licences, and checking safety at sports grounds, open-air events, cinemas and theatres.
On all projects you would have to take into account the implications of your decisions on contractors’ time and costs. If you decided that a building project no longer meets regulations, you could start legal proceedings to change or stop the work.”
_________________________________
Given that their role is to “carry out regular inspections”, how precisely did they fail to spot that there were:
a) no flood attenuation tanks?
b) 5 more houses than Wain Homes had permission for?
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Building Control essentially inspects and regulates the quality and safety of what is installed. This function can be privately contracted, but EDDC Building Inspectors have a right of veto over installations approved by private contracted Building control firms.
Development Control is a different and separate function. Development Planning Approvals and any Planning Conditions are the responsibility of EDDC Planners in the Development Control Department to approve. The Planning Enforcement Officers have responsibility to inspect and enforce that these are adhered to.
Neither the Planning function nor the Planning Enforcement function can be privately contracted.
Any Enforcement that the Council takes is apparently a matter of judgement for the Council. They do not have to Enforce breaches of Planning Approvals or Planning Conditions.
Generally in EDDC it is down to the general public and their representative Councillors to make enough of a fuss to ensure that EDDC Enforcement inspections and actions take place.
EDDC Planning Officers seem pretty sympathetic to requests for Enforcement by neighbours and Councillors. But in times of budget restriction, and given that EDDC is, I think, trying to recruit enforcement officers, it is likely that any breaches of Planning Approval or Planning Conditions would need to be shown to be extremely detrimental to neighbouring properties before action is taken.
The a) No attenuation tanks and b) 5 more houses mentioned above are not a matter for Building Control to inspect until they are installed. As they are breaches of Planning Approvals and Conditions then it is down to neighbours and Councillors to plead with Planning Officers and Planning Enforcement Officers to take action.
I hope this clarifies things.
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I should have added that when property is sold, then the purchaser’s solicitor should institute a Search of the EDDC Planning records. If the property that is for sale appears not to have either Planning Approval and formal Discharge of Planning Conditions or a Building Control Completion Certificate, then the solicitor would almost certainly advise great caution in proceeding with the purchase. Unfortunately, a lot of people who purchase brand new properties don’t bother with this part of the process of purchasing a property because they believe what the Developer tells them and they depend on the NHBC (or equivalent) 10-year guarantee scheme – but even these guarantees won’t apply in all cases.
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question
When does 50 become 55?
Answer : When its the Wainhomes’ site at Rockbere NOT Feniton!
Oops!!!
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At one point in the Feniton Super Inquiry at Exeter Airport in February, the Wainhomes barrister told the representative of another company seeking planning permission: “play the game!” The Wainhomes game is clearly not cricket.
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