Crest Nicholson Nine Acres Tiptree enforcement notice

Crest Nicholson, the developer responsible for the Nine Acres development in Tiptree, raised the land levels on an area of the site without permission.

A proposed zebra crossing which was a condition of the development plans granted in 2013 has also not been executed.

Colchester Council served an enforcement notice which requires them to fix the site.

Plans have now been submitted to the council for the “engineering operation to raise the land levels” on the site.

Development: the Nine Acres site in Tiptree (Image: Google)

The raised land is proposed to be used for the development of 29 allotment spaces.

A spokesman for Colchester Council said: “The developer indicated their intention to submit a planning application to remedy the situation, as the works executed constitute an engineering operation requiring planning permission.

“We have a planning application pending consideration for this development and will hold our enforcement notice in abeyance until we have determined this application.

“The appropriate course of action will be dependent on the outcome of this further application.

“While the allotments area is not currently subject to any enforcement notices, the approved landscaping details have not been complied with, and we have not received a complete planning application to allow the importation of topsoil for the allotments.

Raised: an area of raised land on the Tiptree site (Image: NQ)

“This situation needs to be resolved, and we are now considering potential enforcement action for a breach of condition to secure compliance with the approved landscaping scheme.

“We are also aware that the planning condition requiring the provision of a zebra crossing and upgraded bus stops has not been complied with.

“The council believes these facilities should be provided and intends to secure compliance using enforcement powers through a breach of condition notice.

“The legal agreement relating to the planning permission for this development has trigger points for the delivery of both the public open space and the allotments.

“These trigger points have not been met, and these facilities have yet to be delivered in accordance with the legal agreement.

“We will, therefore, seek to enforce the agreement to secure delivery of these outstanding matters as soon as possible.”

A Crest Nicholson spokesman said: “The raised soil heaps are not a permanent fixture and are required to complete the allotments due to be created in Tiptree.

“We are working closely with Colchester Council and hope to deliver the allotments for the community soon after the planning application is validated.”