Decision Details

Motion G

Proposer: Cllr Dundas

Council notes that:

1.    Councillors in many wards are experiencing an increased number of complaints from residents in newer developments, including HMOs, regarding performance of management companies and delays in completion of the development to a standard which would enable adoption by the local authority.

2.   This includes emptying of refuse and dog bins, grass cutting, grounds maintenance, inspection of play areas, communal area maintenance etc.

3.   In addition to the unsatisfactory performance of some management companies, some developments are experiencing delays in the developer completing aspects such as landscaping, public open space, tree planting and community facilities. In some cases, these have not been completed until several years after occupation of the dwellings and completion of all residential development and require planning enforcement, including court action, by Colchester City Council.

This Council requests that:

1.   The Council’s Planning Department continues to use all such powers at their disposal to enforce compliance with the original planning permission(s) as issued to developers and councillors continue to support them in their efforts.

2.   That the Leader of the Council and the Chair of the Planning Committee write to the Prime Minister and relevant Secretary of State requesting that:

(a)  The Government considers legislation to empower residents to have better control over such management companies and to enhance penalties when paid for services are not provided to a satisfactory level.

(b)  That any future planning laws or regulations include the failure of a developer or associated company (i) to complete an existing residential development in the local planning authority area to a satisfactory standard to enable adoption and (ii) to complete any existing development in accordance with planning permission granted including aspects such as landscaping and public open space as material planning considerations when new planning applications by the developer or associated group companies are made.

As the motion relates to a non-executive function, it will debated and determined at the meeting.