When a building site is causing disruption; what can you do?

[PaulB]

After 15 years of fighting, a major building company finally got approval to build 172 houses on land immediately adjacent to my house. The first phase is planned to take place until May next year and if they sell that initial 14 houses, they'll go on to build more. It began last week and the blandishments they gave us at the round-table meeting last month have already been shown to be worthless.

So what can be done by our neighbours and us to make them behave themselves or tidy up their act?

The roads are covered in wet, slick mud and the noise is horrendous but our big fear is subsidence. The area had a coal pit many years ago and it became clear the builders hadn't factored in what to do about the coal or the mines running under the area. That was certainly something a local councillor (who also sits in the House of Lords and is against the builders) took great notice of when it was raised.

So what can we do - not in a 'Swampy' kind of way - but to get legal allies on our side or use legislation to make sure they behave more responsibly?

 

[Drago]

The mud on the road is both a criminal and environmental health offence, so a chat with your local beat officer (if such a thing still exists) and local Environmental Health (erm, if such a thing still exists in your area...) will given you guidance.

S149 of the Highways Act also gives your local authority the power to clean up the mess and recover the costs from those responsible.

Sounds a horrible situation to be in, and I hope they at least tidy up their act.

 

[summerdays]

First off .... Get anything they agree to IN WRITING! And call the council when they are breaking regs, I lived near one and did not enjoy the experience.

They dug up a protected hedge (oh we didn't realise.... Never mind it's gone now), didn't deal with asbestos properly, mud everywhere, roads blocked, lack of street lights (taken out at the beginning and not put back for 5 years), used areas outside the site against their agreement which they had to be reminded of. Water supply, telephone supply, electricity were all disrupted multiple times and they would deny it was anything to do with what they were doing, they did actually supply bottled water eventually but not to the house we had to carry that back, and my kids learnt at a very young age about the hazards of lorries.

So find out the council bod who you can phone to complain frequently and the head of site and possibly head office numbers.

 

[sidevalve]

First you need facts not theories, especially about the mines [ we live in County Durham and almost everything is built on mine workings - so far no real problems]. As for the state of the road take pictures at all times of the day and over a period of days. The noise is more of a problem - exactly what is causing it - diggers - mixers - people again you need facts. Then I would suggest a letter to the head office of the builder [ it shows that you have been reasonable if the law gets involved]. When you have proof that the effects are unreasonable then go back to your councillor. It may seem a dull long winded task but unlike the 'get 'em out now' brigade it has a better chance of having real effect.

 

[summerdays]

Oh yes... They say they don't work Sunday's but they still have someone in shifting around all the supplies, so the reversing beep from 8 am or earlier! I'd forgotten that one.

 

[Racing roadkill]

The only place anywhere near where I'm based that is somewhat immune to this is about 10 miles from where I live. The area is covered by a covenant, which forbids development of the area. It seems just about everywhere else is fair game for new build developments, with all of the joys they bring.

 

[Over The Hill]

The planning consent should have a pile of conditions attached to it. Hours they are allowed to work, cleaning the vehicles before they go on the road and screening the site. Just report every breach to the council and demand they take action. Breach of planning conditions can be serious.
Get a few points in and they will then tow the line.
I am not sure what in a development could trigger off a problem from past mining. Generally the issue with deep mining is finding an unused shaft. I would think they had to look at it to some extent to get consent.

I have been fighting 4,000 houses near me but they look like getting the go-ahead this time round so will have 15 years of it!

 

[mjr]

In addition to the above, contact Planning Enforcement at the local council if they breach any conditions of permission, Building Control if they break general regulations and cultivate contacts in the local news media and on social networks. Be careful not to seem NIMBY but if they're behaving that badly, you can hurt their reputation and profits... which is the main thing private companies have to prioritise, so their directors should intervene if hit hard enough.

 

[Neilsmith]

In my experience the work by us went on for 2 years, we were told it would be a half that and every concern myself or neighbours raised was given lip service by the people we spoke to, despite promises of "we will look into it" nothing ever changed in the 2 years it was a nightmare and I'm glad it's over. I hope you get more response than we did.

 

[andytheflyer]

@PaulB, As an engineering geologist, well used to dealing with the effects of coal mining, the LA Building Control Officer will be all over them about the mining if they have the BC function (can be NHBC instead). But, in general, if the seams that have been worked are more than about 30m below surface, then they are not an issue. They cannot build over shafts, or within a specific distance of shafts - so these tend to end up in open (amenity) areas. The Coal Authority has to be satisfied that the developer has addressed the coal issues - will have been addressed at Planning stage.

Coal mining effects are taken very seriously in the UK - and certainly by Building Control or NHBC. They will have needed a report by the Coal Authority, and probably a Chartered Geologist or similar on the potential for mining subsidence. If there's any risk at all, the foundations will be designed to cope with the subsidence. Talk to the local authority Building Control (but it might be NHBC who have the BC function on that job.

 

[Drago]

A geologist? Awesome!

 

[classic33]

@PaulB, As an engineering geologist, well used to dealing with the effects of coal mining, the LA Building Control Officer will be all over them about the mining if they have the BC function (can be NHBC instead). But, in general, if the seams that have been worked are more than about 30m below surface, then they are not an issue. They cannot build over shafts, or within a specific distance of shafts - so these tend to end up in open (amenity) areas. The Coal Authority has to be satisfied that the developer has addressed the coal issues - will have been addressed at Planning stage.

Coal mining effects are taken very seriously in the UK - and certainly by Building Control or NHBC. They will have needed a report by the Coal Authority, and probably a Chartered Geologist or similar on the potential for mining subsidence. If there's any risk at all, the foundations will be designed to cope with the subsidence. Talk to the local authority Building Control (but it might be NHBC who have the BC function on that job.

Houses near me were built over the shaft of the mine, and over the horizontal tunnel itself. They now have four houses that can't be knocked down, nor are they fit for habitation.

Local council were well aware of the mines. However the only restriction put in place was to not allow demolition of the pit building near the road. The mines themselves were not considered.

 

[Levo-Lon]

We need housing..a battle you wont win..the house builders know what's what.
pita but hopefully they wont be too long ,or too noisy..
The planners,developers in peterborough alowed Hampton to be built on old fly ash pits left over from the brickyards..1000's of homes and businesses on the land..everything seems to move over there..

landfill sites are now big housing estates around here,.they dont seem to care anymore as long as we keep building..

 

[classic33]

"To ensure the satisfactory appearance of the development in accordance with Saved UDP Policy DD4. INFORMATIVE NOTE – THE COAL AUTHORITY The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Regulations approval (if relevant). Your attention is drawn to The Coal Authority Policy in relation to new development and mine entries available at: https://www.gov.uk/government/publi...thin-the-influencing-distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com If any of the coal mining features are unexpectedly encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. Further information is available on The Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority This Standing Advice is valid from 1st January 2015 until 31st December 2016 APPROVAL STATEMENT INFORMATIVE In dealing with this application the local planning authority have worked with the applicant in a positive and proactive manner, seeking solutions to problems arising in relation to dealing with the application, by seeking to help the applicant resolve technical detail issues where required and maintaining the delivery of sustainable development. The development would improve the economic, social and environmental concerns of the area and thereby being in accordance with paragraphs 186 and 187 of the National Planning Policy Framework."

From Here

 

[Tin Pot]

The mud on the road is both a criminal and environmental health offence, so a chat with your local beat officer (if such a thing still exists) and local Environmental Health (erm, if such a thing still exists in your area...) will given you guidance.

S149 of the Highways Act also gives your local authority the power to clean up the mess and recover the costs from those responsible.

Sounds a horrible situation to be in, and I hope they at least tidy up their act.

I did not know that. Mud on the road is a criminal offence?