PLANNERS are to to investigate if any planning conditions have been breached following complaints that a “Biodiverse Meadow” to the rear of a developmet on the site of a former truck dealership in Culcheth has been left an eyesore.
The development involves a small close of 15 properties which contracts and sales materials said would include a biodiverse meadow to the rear, with a pond and trees for sole use by the residents.
Local resident Samantha Rafferty, who says she has also had numerous issues with the former show home she bought, said: “The land is no more than a weed, rubbish and rubble-filled site with an empty pond – full of rubbish and visible black lining – and a few trees planted at the entrance. Many of the trees are falling over and there are lots of empty tree supports. I never see any maintenance taking place on the site.
“The space was originally a green pasture for horses, but when Elan Homes built our houses, and houses on a nearby development, multiple trucks dumped tonnes of rubble on to the site to avoid the cost of disposing of this. I have contacted Elan Homes multiple times. However, they either don’t respond or say that the site will be brought up to standard and nothing ever changes.
“Locals are using the site, which is for residents, and there is an issue with rubbish and fly tipping.
Samantha said there was also an ongoing issue with the small green space to the front of the development were rubbish is being fly tipped on to the space, which had been taken over by on resident, although all residents contributed to the up keep.
She added: “In 2021, residents were held to ransom with a collective £14,500 bill when no work has been carried out, other than the mowing of the small strip of land in front of the houses on the main road.
“I have been trying to get to the bottom of what is happening with the Point of Sale (POS) for three years and have been told that the space was handed over by Elan Homes to EMS, and at other times that it doesn’t meet standards and therefore, has not been handed over. Elan now say that the land was handed over to EMS in January 2021, despite since then telling me that land couldn’t be brought up to standard because of wet weather, hot weather, holidays etc. etc.
“I have spoken many times with Warrington Council Planning Department, who said they have seen photos of the site and it looks better! Despite Warrington Planning Department agreeing on phone calls and in emails that the POS was not as promised upon sale, they have not bneen pressing Elan Homes or EMS to correct this.
“It is impossible to charge a maintenance fee for landscaping when the land has not been landscaped in the first place. Furthermore, the field is overgrown and full of rubbish and items being fly-tipped, so overall, the site is nothing more than an eyesore, a health and safety hazard due to the rubble, and is completely unusable.
“As I protested about the issue with the rubble-filed eyesore of a POS to the rear, and the neighbour who took over the land to the front of the property, I refused to pay the outstanding service charge. EMS then instructed solicitors who threatened to force the sale of my home if I didn’t pay.
“As you can imagine, at this point I was extremely stressed, especially under the added pressures of COVID, being a single parent and home schooling, and I paid the outstanding charge, plus admin fees and legal fees, which totalled £1,172.90.
Samantha said she had also experienced many problems with Elan Homes inside and outside her home.
“I purchased the show home on the site and was not at any point during the purchase process told that the house was ‘sold as a seen’, nor was I advised this by the solicitor, who are the preferred solicitor for Elan Homes. It was only when they had my money in their bank account and myself and my family were given the keys, and everything we owned was in a van on the driveway, that I was asked to sign a ‘sold as seen’ declaration.
“Anyone buying a former showhome, paying the same or more for their property (which I did), should expect the same standard as any other home. When things go wrong after moving in, there is no excuse not to fix these, regardless of it being a show home.”
She said she had so far had to battle to get the following things fixed;
•All three showers leaking – cascading water – into the kitchen and lounge, dangerously close to electrics.
•En-suite shower flooding into a bedroom, lifting bedroom carpet in places.
•A cracked toilet and sink; a toilet that constantly still runs water and has led to United Utilities to come to work out why her bills are so high.
•Multiple kitchen and hall tiles cracking; new tiles have cracked since the last ones were fixed.
•Loose roof tiles which they refused to fix and then they fell on to the driveway.
•A kitchen with doors that weren’t aligned.
Other Items outstanding included:
•Window casings that come off in the slightest breeze.
•Cracked en-suite toilet runs water constantly, which United Utilities has come out to look at as they say that it is costing my higher-than-normal water bills.
•A leak on my main bathroom ceiling, with water dripping into the bath. A leak on the ceiling of the main bathroom was reported in July 2020 – within a 2-year warranty.
As this problem was reported within the 2-year warranty period, and they claimed to have fixed it, they need to rectify the fourth leak I have had in my home in 3 years.
•Multiple cracked tiles in the kitchen, utility and downstairs w/c
Local MP Charlotte Nichols says she has been in touch with Warrington Borough Council who say they are going to investigate if there has been any breach of planning conditions.
A spokesperson from Elan Homes said: “In redeveloping the site of a former truck dealership in Culcheth, we’ve provided public open space along with new homes, in line with the requirements of the local planning authority.
“Following completion of the scheme, remedial works were undertaken to the public open space in accordance with inspections by representatives of the council. The public open space was handed over to a management company in January 2023 and the land is no longer under the ownership of Elan Homes. The maintenance of the public open spaces is covered by a service charge, administered by the management company, and funded by all residents of the development. This is common in new developments, is explained in writing to all purchasers at the point of reservation and clearly documented in legal papers signed by all purchasers.
“Any issues with ongoing maintenance and fly tipping should be reported to the management company and local authority.
“We are unable to comment on specific homeowners’ complaints, but can confirm that all properties, including the show home were built to the highest standards and are covered by an NHBC Buildmark structural warranty.
“Our after sales team is committed to resolving any outstanding issues and ensuring customer satisfaction. The team is also available to provide further guidance on the NHBC warranty if requested.”
