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Written by Mark Burton
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Sunday, 18 April 2010 |
Roadwork alterations on North Road nears completion, all that remains is for the installation of the new cycle friendly traffic lights, markings to the paved area, the completion of the crossing island on Salters Lane North and some alterations to the pavement along Salters Lane North in to Mayfair Road.
I have asked for a small triangular area of the tarmac surface in Bensham Road to be repaired, for the railings to be jet washed, for a new bin and for it to be relocated and, following completion, for the area to be swept thoroughly.
Residents have reported problems with the temporary bus stop being removed and sometimes even located in Bensham Park. The bus stop will eventually be located on North Road near to the housing development on the former Shell garage. |
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Last Updated ( Monday, 19 April 2010 )
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Work starts in Bensham Park |
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Written by Mark Burton
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Wednesday, 14 April 2010 |
The equipment for improvements to Bensham Parks play area has been delivered and work is already underway.
I’m informed the work to install the new equipment should only take about two weeks to complete, but as much of the overall changes to the park are to create a setting in the form of meadow areas where children could develop their own play too, obviously these areas will need time to grow and mature.
The meadow areas will give the park some character and the impression of walking into a different space each time along footpaths linking the play areas, which will be made by cutting an appropriate width of grass. |
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Last Updated ( Sunday, 18 April 2010 )
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Harrowgate Farm Play Area |
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Written by Mark Burton
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Wednesday, 14 April 2010 |
For over two years, due to ground subsidence or soil settlement, the Harrowgate Farm play area has been out of use.
Fencing was erected around the play area to keep children safely away from the dangerous play equipment and uneven surfaces, but sadly each time the developers of the Harrowgate Farm estate repair the fencing it’s torn down again - sometimes the very next day.
Over these years the area has become run down and is often entirely covered with broken glass and litter with overflowing bins and graffiti and even fires have been set there too.
Residents in Harrowgate Farm would like to see the play area reopened but in order to do this the play area needs some investment. The council have already obtained £10k from each of the original developers of the estate (£30k in total) and would like to invest this money in bringing the play area back up to a usable and safe standard for local children to make use of.
In order for the Council to do this they must first adopt the land from the developers. Numerous emails have been sent over the last few years to and from the developers and our Council, and throughout this time I have been in constant communication with the Councils Legal Department and Community Services Department.
Today I rang Persimmon Homes, Taylor Wimpey and the Council’s Lawyer, for Property in Corporate Services, to see if I could uncover why it has taken so long to obtain the documents needed for the Council to adopt this play area - which will allow them to put the play area back into community use. At this moment, it is my view that these developers are in breach of planning consent by not providing a useably play area and are liable if a child inures themselves should they inadvertently wonder into the dangerous play area.
Thus far I have discovered that the next step, for the process of adoption, is for all three developers of the estate to sign an engrossed transfer. This document needs to be signed by each of the developers before an independent witness, which evidences the transfer or devolution of the title to the Council. This document then needs to be produced to the Land Registry in order for the Council’s title to be registered.
Of the three original developers, Persimmon Homes are the last to sign. Yule, now Taylor Wimpey, have signed and the liquidator acting on the behalf of the third developer has sign too. Today I spoke to the solicitor for Persimmon Homes and he informs me that he is awaiting instruction from a chap called Mr. John Eynon in their Teesside office. I have now passed this information on to the Council’s Lawyer, for Property in Corporate Services. |
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Last Updated ( Wednesday, 14 April 2010 )
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Written by Mark Burton
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Wednesday, 14 April 2010 |
There have been numerous developments with regards to the issues surrounding the digging activities at the Drinkfield Marsh site (630 Whessoe Road) which boarders our local tip. I’ve posted regular updates about this issue on the harrowgatehill.co.uk community website.
Darlington Borough Council’s planning department has distributed information and notices to local residents informing them of a planning application for; waste transfer, waste recycling and processing operations, importation and exportation of waste, excavation and landfill tipping to engineered level and the erection of associated buildings.
The planning application has been submitted to Darlington Borough Council by Dickinson Dees, the solicitors acting on the behalf of the dependents of the Blair estate, to operate this land as described above. And this application was due to be heard at a special planning committee meeting early this month, which allowed residents only a short time to give comment.
Recently, Dickinson Dees served notice to the persons currently operating at 630 Whessoe Road. Mr. Sheppard, of Albert Skip Hire, has been ordered to quit the land by the 14th April 2010 and I understand that in failing to do so Albert Skip Hire will be treat as trespassers and forcibly removed. However, this has been attempted once before where Mr. Blair hired security guards and welded the gates closed. This stopped Mr. Sheppard from entering the site, but sadly only for a short period of time.
There is going to be 3-day Public Inquiry, starting on the 27th April 2010, looking at the legitimacy of Mr. Sheppard’s claim of there already being in place planning consent, allowing the site to be used as a landfill and waste processing site, dating back to 1968. Albert Hill Skip Hire Limited and Mr Raymond Shepherd made the appeal to the Planning Inspectorate as a result of the Stop Notice issued by Darlington Borough Council and a Planning Inspectorate from Temple Quay House in Bristol will be leading the inquiry.
The Environment Agency has confirmed, in terms of its own legislation, that the operator is exempt from needing a permit to bring specific wastes onto this site and to treat them, by crushing or screening for example, in order to produce recycled waste materials. This is a simple exemption, (a paragraph 13 exemption) which means these types of operations should be of low risk to the environment and allow the operator to produce a manufactured waste product. However, the list of acceptable wastes does not include, for example, hazardous wastes such as asbestos or materials that contain asbestos and the Environment Agency would like residents, who witness any type of activity they believe to be other than as described above to report them to their national 24 hour help line on 0800 807060.
The planning application submitted to Darlington Borough Council by Dickinson Dees was due to be held before the date of the Public Inquiry, but owing to the strength of feeling of residents against the planning application and my concerns over the time constraints which only gave residents a few days to view and submit their comments, planning officers have now decided not to push ahead with their planned special planning committee meeting before the Public Inquiry.
The next two stages of this long and complex issue are for Dickinson Dees, to enforce their Eviction Notice to Mr. Sheppard of Albert Skip Hire and either way for the Council to uphold it’s right to issue their Stop Notices at the Public Inquiry. Should Mr. Sheppard of Albert Skip Hire refuse to quit the land and Dickinson Dees fail to uphold their Eviction Notice to evict and maintain the eviction of Mr. Sheppard of Albert Skip Hire, I fear, for the time being, work will simply carry on there as normal. And should the Council fail to uphold their right to issue their Stop Notice at the Public Inquiry, this will mean the planning consent Mr. Sheppard of Albert Skip Hire claimed to be in existence is in existence and will legally allow him to carry on operating on the land.
Assuming those two stages have positive outcomes, the final, but far from easy, part of this long and complex issue is the planning application submitted to Darlington Borough Council by Dickinson Dees. Should the application not be withdrawn, the planning committee will hear this application within the next few months.
Even though the Environment Agency has issued a paragraph 13 exemption certificate to the operators of this site, this does not mean that the operator can bring specific wastes onto this site and treat them by crushing or screening for example in order to produce recycled waste materials, without planning consent.
Residents must now decide whether or not to object to this application. The Council’s planning department have confirmed that the purpose of this application is to seek to regularise the current situation at 630 Whessoe Road and to minimise the effect of the development on nearby residents. The council would like to imposed by condition, should planning permission be granted, a number of controls such as; (please note, this is not a comprehensive list) a planning statement setting out the full details of the operation, a contamination report, which may result in further required action to any contaminated land, a noise assessment report relating to the future activities, a transport statement, an hours of operation condition, a dust action plan, a layout plan showing skip storage areas, any proposals for lighting, any special requirements to protect the long-term future of the nature reserve, a flood risk assessment and clear finished levels throughout the site, including landscaping and a means of enclosure.
It is important to know that the planning application not only includes details of how the dependents of the Blair estate would like to legitimately operate this land, it also includes two phases of new building works, which indicates long term use of the land.
I would like to hear the from residents, with regards to the planning application, whose quality of life has clearly suffered as a result of the activities on this land or from those who have genuine concerns over the development and use of this land.
I would be grateful if residents would reply to my email address at
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with one the following statements (a) I object to this planning application, or (b) I agree to this application provided the council impose by condition a number of controls to minimise the effect of the development on nearby residents. Please also add your name and address.
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Last Updated ( Wednesday, 14 April 2010 )
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