New Build Estate...deviations from planning for roads and playground

GixerKate

I'm on a new build estate and the developer is just finishing up the end bits such as the playground etc.  Its become apparent that there are a few deviations from the original approved plans such as some of the smaller roads have tarmac rather than block paving and the playground has been laid to turf rather than the spongy rubber surface stuff.  People on the estate are complaining to the local council demanding that this is all changed as its a deviation from the plans.  Do they have a leg to stand on?  Are they likely to succeed in getting the developer to rip up the side roads and lay block paving and get a different surface installed in the playground?

user1977

Neither sounds material from a planning point of view, if necessary the developers can make an application to vary the specifications.

GixerKate

user1977 said:

Neither sounds material from a planning point of view, if necessary the developers can make an application to vary the specifications.

Cheers, I don't know much about the process but common sense tells me that if there isn't much of a difference to to the finish I can't see the council forcing the developers to change.

Is there much difference between tarmac and block paving?  One of the home owners is adamant that it should be changed due to increased drainage (drainage is a problem on the estate) but my googling hasn't come up with anything to support this.

Personally I would prefer the rubber spongy surface in the play area as I think it will be more slippery when wet and it is likely to get bogy and muddy in winter but I can't see that being enough to get it changed.

sammyjammy

Given my past experience I think you should probably be grateful they actually built the playground at all, most don't and the council won't care!

Alter_ego

I'd  guess block paving would be a planning concern if it is part of the drainage system.

ilikewatch2

I would imagine that if the roads are to be adopted by the council they would probably prefer a tarmac surface as I assume that these will be much cheaper to repair/maintain than block paving? They also won't look such a dogs dinner when they've been hacked about by cable TV providers etc. adding and repairing their infrastructure.

Cash-Cows

Roads - external materials are probably agreed by a planning condition so this needs to be checked as well as the original planning application. It's also possible that if this is highway or will be highway that the highway authority under a s38 agreement has approved tarmac. It should still be regularised by a planning condition though. 

Play areas will also normally be approved by a planning condition or a reserved matters application. Check what details have been approved under these processes. 

Potentially yes the developer could be made to alter things if not built in accordance with the approved details but whether it's worth the expense of the planning authority pursuing is another matter as given the potential breach it sounds not significant. 

Thrugelmir

Issue with obtaining materials perhaps. 

GixerKate

I don't think the blocked paving was part of the drainage plan, I think it was just decoration for the small side roads.  The main road into the estate is to be adopted by the council and was always going to be tarmac and the side roads were not to be adopted and on the original plans they appear to be block paved however only a couple have been block paved and the rest have been laid to tarmac.  

As someone has said perhaps its to do with obtaining materials?  The earlier side roads were block-paved and the later ones are tarmac.  The playground was only put in last week and the turf paid on Friday.

At some point responsibility is going to be turned over to the residents committee and I'm concerned over what will be left that we then need to maintain.  Does block paving require higher maintenance?  I personally don't really care if its block paving or tarmac, except for the maintenance bill later down the line.

Section62

GixerKate said:

Personally I would prefer the rubber spongy surface in the play area as I think it will be more slippery when wet and it is likely to get bogy and muddy in winter but I can't see that being enough to get it changed.

This is the one I think there are more grounds for complaint on, grassed areas in winter tend to get muddy, especially if they get a lot of foot traffic. And in summer grassed areas can be as hard as concrete when they dry out.

The surface in a play area should be designed to minimise risks - for example slippery mud, or children falling off equipment onto hard surfaces.  This was probably why the correct surface was specified in the first place.

Whether or not the council's planning department will care is another matter.

Who will be responsible for the play area once the development is finished?  If a council is going to 'adopt' it the best approach would be to lobby them to insist a safe surface is provided, which also allows the area to be used all year round.  Cutting grass is also a maintenance liability in areas with lots of play equipment.  They shouldn't be accepting that liability if the developer was meant to provide a low-maintenance all-year safety surface.

Alternatively, if the playground is going to be managed by some kind of management co you need to lobby them.  They may be less inclined to insist the playground is surfaced correctly because it is likely that any maintenance costs will just get passed on to the residents.

As for road surfaces, tarmac is much better than block paving.  The residents should see this as an upgrade over what the plans originally showed.  There shouldn't be any drainage issues with a new-build development - if there are it suggests there is some aspect of the drainage system the developer also hasn't built to plan. Although if it is just surface water on temporary road surfaces this should be dealt with in the final surfacing work.

Edit: Just seen your post about the residents committee.  If this is a collective of residents rather than a management co then they should definitely not accept the higher maintenance grass vs the correct safety surface.

Titus_Wadd

Section 62 has provided some excellent points for framing a complaint to the Planning Dept.  However my experience of flagrant breach of planning conditions persisting for a decade or more on our estate is that they may take a decision to under-enforce; they'll view the cost of enforcement outweighs the benefits of planned surface finishes.