THE DEVELOPMENT OFF EAGRY
If printing, set printer to landscape
ENFORCEMENT
THE POST AND WIRE FENCE (Updated October 2006)
ENFORCEMENT ISSUES
Exterior finishes
Fence beside Rill
Detached house style
Allowed to build on flood plain
Incorrect ground levels
One arch not two
Trees on the wayleave
Wrong semi built
Back Fences
Temp site entrance
One house -many faults
Points to ponder
Fence in flood water
I took the above photo on 12th March 2006 to show the flood water encroaching on the recreation area/ open space at the bottom of the development. However it also illustrates the positioning of the new fence which runs beside St Columb's Rill
The erection and positioning of this fence has a long history. The development on this belt of land which runs beside the Rill caused much anguish to the Environment and Heritage Service during the stages leading up to planning permission being given. Three times they asked for a 10m wildlife corridor be left beside the Rill with no seeding, groundwork or fence. To quote their last letter Ref. CB9171-3 dated 1 April 2004, they wrote…
“We are concerned that the drawings indicate proposed infill within the 10m corridor and that fencing is proposed along the river edge. We request amendments to the proposals to ensure that no infill, development, fencing, ground disturbance or re-seeding takes place within the 10m zone”

To which the then Divisional Planning Officer attached the following note on 6 April 2004…
It would be unreasonable to seek further amendments to the scheme… However a condition omitting the fence should be attached to the approval.”
And the Developer’s Agent, wrote to Divisional Planning Manager on 25 May 2004...
“Following our telephone conversation on 21st May 2004 to Environment & Heritage Service concern regarding 1.5m high fence along river. I can now confirm that my Clients are agreeable to not erecting the fence along river indicated on landscape proposals providing a condition is included in respective Planning Decision Notices referring specifically to the above.” (My emphasis)
The Decision Notice Conditions for this site, issued on 29 June 2004 Para. 10 states…
”The proposed 1.5m high fence, as indicated on drawing No 14 dated 13 Feb 2003 shall be omitted“.
(Incidentally Planning Service got the drawing number wrong on the above Decision Notice. They meant Drawing number 16) READ ON TO NEXT PAGE WHERE THIS TRANSPIRES TO BE IMPORTANT
 
Wide photo of fence beside stream
  SAFETY It is perhaps understandable that, for safety reasons, the developer has gone against his original agreement and erected this fence. However as a compromise, I suggested the Developer, Planners, Landscape advisor and the EHS get their heads together and slightly rearrange the landscaping of the open area to retain the fence but bring it some ten metres further back from the Rill.
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then use it as an excuse>>