Council’s legal action against developer

Many residents are unhappy at the unfinished state of the roads, paths and landscaping around the Oliver's Heights estate. This area between Blueberry Way and Phoenix Drive should be landscaped.   Picture by Andrew Higgins   121950g    11/05/12
Many residents are unhappy at the unfinished state of the roads, paths and landscaping around the Oliver's Heights estate. This area between Blueberry Way and Phoenix Drive should be landscaped. Picture by Andrew Higgins 121950g 11/05/12
0
Have your say

Legal papers are set to be served on a developer who left work on a Scarborough housing estate unfinished.

Residents at Oliver’s Heights off Seamer Road have had to live with unfinished road surfaces, raised manhole covers, defective street lighting and overgrown “green areas” for a number of years.

However, after trying repeatedly to resolve the matter with Leeds-based developers Oakapple, Scarborough Council is now set to serve a Section 215 notice.

The legal document will give the developer 28 days to respond, followed by another period of 28 days in which to act.

At the end of that period, if nothing has been done, Scarborough Council will go in and carry out the work themselves, then attempt to recoup the costs from Oakapple.

The process was explained by strategic director Hilary Jones at a meeting of Edgehill Tenants and Residents Association, which took place at Falsgrave Community Resource Centre.

Ms Jones said the Section 215 notice was being issued in respect of the green areas and explained that although they were prepared to act, the responsibility still lies with the developer.

She said: “If we look at the economic climate, a lot of developments have stalled. But we’ve got to the point now where we feel we’ve done everything we can do.

“We’ve done everything possible to encourage the developer to undertake the work and we’re convinced this is the route forward now.”

Ms Jones said highways have also agreed to carry out work and try to get the money back afterwards from the contractor or bondsman.

She added: “It will be done in this financial year. The only proviso that could skew the time scale could be bad weather.”

The council are also writing to Yorkshire Water to check that nothing needs doing below street level before fixing the roads and footpaths.

The street lights are to be adopted and sorted out by the county council and the drains, which have been blocked for some time, are due to be cleared any day now.

Falsgrave ward councillor John Ritchie said: “I believe that Edgehill residents will welcome this news. It’s a big step forward.

“As an association we’ve been talking about how to improve the green spaces, maybe by getting volunteers involved.”