Update Number 6 – DWH Clements Gate (Thorpe Road/Rectory Road Hawkwell)

April 11, 2013 by  

Adolescent Trees

The David Wilson Homes/Barratts development, which was opposed by residents and us, your Independent Ward Councillors, commenced in January 2013.

Since then we have received numerous complaints from residents that have ranged from using the unadopted part of Thorpe Road from Rectory Road as a construction access, mud on roads, road closure and rodent infestations. These problems have kept us very busy working for ALL residents. With regard to rodent infestations we have helped arrange for affected residents to have access to a prevention scheme funded by the developer. 

Proposals from the developer to close the unmade part of Thorpe Road for through traffic and pedestrian access for 6 months was opposed by your Ward Members at Essex County Council and we are pleased to say that we were successful in demanding that pedestrians must have through access at all times.  

On construction access residents of the adopted part of Thorpe Road thought that all construction access would be via Clements Hall Way (off Rectory Road) but that too has changed. The adopted part of Thorpe Road will take construction traffic initially.  But instead of Clements Hall Way Officers of Rochford District Council have agreed to the use of the direct access to The Christmas Tree Farm from Rectory Road despite our formal objections. We have also been concerned that the “green strip” known in the planning application as “The Paddocks” which adjoins Rectory Road is being used not only for access but also for parking and storage of building materials.  The Agreement states “The Owner shall only use the Paddocks for agriculture, horticulture, forestry, grazing or as open land so as to ensure that they remain un-built upon except for any buildings ancillary to such permitted use and provide open space which mitigates the visual impact of the Development on the area in which the Site is situated.” Despite our objections Officers of the Council have decided “As these areas are within the application site and this use is permitted by the General Permitted Development Order 1995, it is lawful to use the areas for these purposes during the construction works.”

All we can say is that Officers did not advise Members that this current use could be permitted when the idea of a Legal Agreement was put forward in the planning application. We have always feared that a Legal Agreement between the Council and the developer might not protect the interests of residents and our request for this to remain green belt was turned down by Deputy Council Leader, Keith Hudson.  The Council is under the control of the Council Leader, Terry Cutmore.

In line with our election pledge as your Independent District Councillors we will continue to speak out against decisions by the Conservative Administration which are not in the best interests of our residents. Web Site





2 Responses to “Update Number 6 – DWH Clements Gate (Thorpe Road/Rectory Road Hawkwell)”
  1. Editor says:

    Councillor Hudson assured us prior to Approval as follows;

    “I do not believe that it is either appropriate or desirable to retain small pockets of land with the designation “green belt” which would themselves be enclosed within a ring of land zoned for residential use, it is the antipathy of the purpose of the “Green Belt” concept and would be hard to defend. I am of the opinion that we require a legal agreement with the Developer and the landowners and RDC within the Section 106 agreement associated with the application to ensure that these parcels of land remain areas of permanent open space; such an agreement would be far stronger and defensible in law than a general green belt designation and have far more meaning. Such a legal agreement would be binding on all parties concerned unless there was agreement by all parties to nullify or amend the agreement. A greenbelt designation could be overcome by debate and alternative use representation to third parties.”

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