THE DEVELOPMENT OFF EAGRY
If printing, set printer to landscape
ENFORCEMENT - TREES ON WAYLEAVE (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
Line of sewers marked
The above photo was taken from Straid Rd. The dotted white line in the above photo shows the (below ground) route of the main sewers and storm water pipes. On the ground above this route should be a 6 metre (18ft.) wide 'wayleave' where no trees should be planted.
(A “Wayleave” in this context is an area of land to be kept free of obstacles above a pipe line for maintenance and “imposing a restriction on the landowners not to prejudice the integrity of the sewer”).
WHAT HAS BEEN PLANTED? - trees as this photo shows. (Particularly in the background)
Yes I agree the positioning of these trees is vital to help mask the backs of these dwellings from the Straid Road. But should they be planted here? A point I made to the Divisional Planning Officer way back in 2004 in the early stage of the building of this development
"Why have you included in the Decision Notice (condition number 8 for 0248) a condition that advocates planting a row of trees directly above a sewer line and well within the 6m wayleave? ... I note the trees recommended for this location are Alnus Glutinosa, (Common Alder) which according to my Tree books can grow up to 70 feet tall.!
To which the Divisional Planning Manager replied (three months later!)...
"Landscaping will obviously take account of the position of services on the site. "
From this photograph it doesn't look as if they have "obviously taken account" of the services.
So, in August of 2006, intrigued by why this developer had been allowed to flaunt a rule to which the rest of Ulster has to conform, I wrote two letters, one to the Enforcement Department of the Coleraine Planning Service and the other to the Water Service. Their replies sum up the difference in approach to our planning requirements.
The Planning Service wrote to me as follows:
“Following an investigation of your complaint, I can confirm that (this alleged non compliance) complies with the conditions of the planning permission granted by the Department….”
So in other words - the trees can stay on top of the sewers.
Whereas the Water Service replied that ...
 
“Water Service have had a meeting with the Developer and he has agreed to remove the trees from within the Wayleave. Thank you for bringing this to our attention”.
  Enforcement? What enforcement? So just what is the regulating role of the Coleraine Sub-Divisional Planning Office? Answers please in a brown envelope.
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