by john shipton » Sat Jul 17, 2010 10:03 pm
Neville and others.
The story goes back a few years when the land was used by Westbury Homes for portable buildings for its site management. These were adjacent to the pumping station. Westbury applied for planning permission to build a house on this piece of land. But it was believed that the land would be landscaped. A driveway was built to the pumping station for access purposes. This was from Mitchell Drive before the gateway was erected. This was in the plans for Westley's Croft, the title given for the estate.
City Hall refused Westbury's planning application on the grounds that the plan site was for 74 houses. However, Westbury Homes did not landscape the land and instead sold it to a local resident. The buyer applied for planning permission for a larger build of house. Objections were received. The buyer made a few alterations in the plans. The buyer made the application again and the planning application was granted at a planning meeting at City Hall. The result is what is seen todate.
The owner built the gated gateway the result again is what is seen todate. As far as I can remember, the gated gateway and walls were built before planning permission was granted. This was brought to the attention of City Council. However, the owner applied under retrospective planning and this was approved at a planning meeting. I stand corrected if this is not so!
The driveway was for and to the pumping station only and it was believed that Anglian Water would adopt it when the roads and footpaths of Westleys Croft were adopted by Lincolnshire County Council.
The owner built a bridge over the dyke for access to the West Common. On several occassions the owner was asked by City Council to remove it. The commons warden gave a letter from City Council to the owner for its removal with a final written warning of legal action being taken. The owner eventually complied.
What emerged, I think, was that the ownership of land goes right up to the middle of the dyke. This applies to two properties as well on Mitchell Drive, near the bridge.
A builder who built his own house on Long Leys Road, not far from main gate entrance to the West Common, added his own decking bridge to the other side of the dyke. It cost him a large sum of money. He was sent letters that it was illegal to have done this and the last letter from City Council warned him about court action. He complied and removed the bridge due to ownership only going halfway on his side of the dyke.
Going back to the gated gateway to the house on Mitchell Drive, what Neville has mentioned is correct. Anglian Water will not adopt the pumping station for the reasons given. So the problem has arisen who owns the pumping station for the catchment area? Who is responsible for its maintenance and working equipment inside?
Anglian Water refuse to adopt it. The original terms of access has been changed?
Westbury improved the security of the pumping station by building a wall around it. This remedial work was completed before Westbury was taken over by Persimmons. The pumping station at that time met the standards for adoption.
Most of the residents are not aware about the situation, some of which say that it is no concern of theirs. It should concern everyone! For if the pumping station is not being maintained, checked and inspected, and breaks down, who will take responsibilty for the sewage and its smell. Now the problem has emerged - is the mechanism working properly inside the pumping station? Are parts breaking down? What will happen to the pumping station? Will Anglian Water adopt it? Who is going to pay for any parts that are not working? And who owns it at present?
I would suggest that residents contact one of the Environment Officers at City Hall called Steve Beamont - telephone 01522 881188.
Please contact your local city ward councillors:-
Karen Lee and Neil Murray on 01522 546065
Helen Heath on 01522 881291
Residents also can e-mail those above.
If you wish the Long Leys Residents Association to be involved, please make a written request.
It is believed that Anglian Water have a case regarding the situation. They do not own it and it has not been adopted by them. Another question has arisen, if it is not working properly, who is going to pay for the repair work?
Having sought legal advice from a member of the legal profession, this may have to be done in court with the City of Lincoln Council, Persimmons, Anglian Water, and the house owner present if nothing can be resolved between the parties concerned. Who is responsible, accountable and who owns the pumping station?
I am told that Steve Beamont has contacted the Planning Department at City Hall. Also their Legal Department for advice. He is awaiting responses.
Why no action has been taken so far which has come to light just beggars belief. It is thanks to residents on Long Leys Road who have started the ball rolling after smelling sewage, a distinctive aroma, on the Westleys Croft estate!