ANGRY residents in Stanford-le-Hope have called on Thurrock Council to apologise for what appears to be a planning blunder that meant they did not get a say when a controversial new housing application that directly affects their homes was considered.

Fortunately, local diplomacy and the involvement of local ward councillors Terry Piccolo and Shane Hebb may have helped broker a solution – but the upset homeowners on Rookery Corner remain annoyed that the council has not had to decency to apologise.

And the council's senior regeneration councillor, whose portfolio includes planning, was critical of the residents to add to their angst.

The issues revolve around a hotly debated planning application by local developer and dentist Mike Valente to put additional homes on a site known as James Court, close to St Clere's Hall in Stanford-le-Hope.

When the proposal came to be debated it was deferred several times before permission was given by the narrowest of margins by Thurrock Council's planning committee. Several councillors remained unconvinced about the merits of Mr Valente's argument, describing him as a 'cowboy', but officers recommended the scheme went through and their view eventually held sway.

However, it now transpires that residents who would have objected – and who hold legal title over land on which the development is due to be built - were not told about the application.

Their homes and gardens directly adjoin the development site and they have a right to drive their vehicles through it, but their existence was omitted from the submission to councillors, not spotted by its highways team who were asked to comment, and the council failed to give them notice of the application.

The first residents knew of it was when Thurrock Nub News reported the final outcome – and they called on the council to review the decision in the light of evidence they could put before planners.

However, the council declined to do so and cabinet member and regeneration portfolio holder Cllr Mark Coxshall actually blamed the residents and told them if they had a problem, they should seek their own legal action.

He told Thurrock Nub News: "I'm sorry to hear that residents are concerned about a potential infringement of a right of way. The council provided residents an opportunity to input into the planning process at James Court by writing to all neighbouring properties of the application site and nothing submitted as part of the application indicated that the applicant was anything other than the owner of the entirety of the land in the application submission.

"The planning legislation means that deeds and covenants are separate from the planning process and not part of determining planning applications, and while this will be frustrating for residents to hear I'm afraid that if they believe that rights of way as shown on deeds are not being respected their best option is to now seek their own independent legal advice as this is completely separate to the planning process."

When Thurrock Nub News pointed out that the three aggrieved householders were adjoining properties – a statement backed up by the ward councillors – the council and Cllr Coxshall still refuse to accept they made an error.

A council spokesperson said: "There has been no error and the decision was correctly made."

Cllr Piccolo begs to differ. He visited the scene to meet with an aggrieved resident and said: "There is no doubt these are adjoining properties. In my view these residents should have been officially notified; I don't think there can be any doubt about that.

"I will be speaking to the council planning team and at the very least I think the council owes these residents an apology."

However, Cllr Piccolo's visit did spark intervention from Mr Valente and a consultation with the councillor and resident Tina Masters which has resulted in Mr Valente acknowledging the residents have a right of way through his site. He has already moved a container and cleared a way to restore the residents' right of way which he promises to make good in time (See video).

Mr Valente believes it will not materially affect the plans currently given approval – though to make the access available he has to break a guarantee he has given to the council about a fenced off area not having vehicles on it. "We can change things after the planning permission," he said.

Whether council officers agree may be another matter!

Mrs Masters said: "I am grateful for Cllr Piccolo coming here to see for himself. It is clear when you are on site what has happened and he was honest enough to say he thought the council had made a mistake, which is refreshing and gives us some hope that things may yet be put right properly."

The catalogue of errors affecting the residents at the west of London Road has also involved the shambolic remarking of the road junction with Stanford Road, with contractors initially omitting warning lines and keep clear zones – which might well have led to an accident.

And when they did return to complete the markings – they messed up again, creating a keep clear area not wide enough for a car to use and which necessitates having to drive over a central reservation! As yet, despite it being brought to the council's attention a couple of weeks ago, the council has not responded, and the junction remains improperly marked out!

And the blundering doesn't stop there.

Recently the lives of the residents and the passage of cyclists and pedestrians was disrupted when a team of telephone engineers dug up the verge and pavement on London Road – even though they didn't have permission to do so.

The error has only come to light because of the intervention of Thurrock Nub News who alerted the council asking what was going on. With their eye clearly off the ball in Stanford it took time for the council to respond. They finally commented this evening (Monday, 15 March), saying BT - which is responsible for the work - will be fined.

A statement from Thurrock Council says: "BT did have a permit for Stanford Road 50m north east from the junction of London Road. BT applied for the permit and completed works at this location, which the council had granted.

"However, after completing investigations we are aware that BT had found more blockages and continued to excavate outside of their existing permit at a different location (west of the junction with London Road). This was never applied for via the permit and never notified or approved by Thurrock Council. A fixed penalty notice has been issued for working without a permit.

"The council will escalate this issue of work being carried out illegally on the highway with management within BT."

COMMENT

THURROCK Nub News editor Neil Speight, who was contacted by the residents when all their initial appeals to the council fell on deaf ears, said: "This is a calamity of errors, sadly something becoming commonplace for the residents of Stanford with the A13 project, the speed bump farce and the botched rail station all cause for concern.

"With planning officers who are too proud to admit they might have made a mistake, it's importan that there is a watchdog to represent interests and it is refreshing to see Cllrs Hebb and Piccolo step up and say and do the right things for these residents who have ben badly let down by a lack of due diligence and investigation.

"It would be nice to see a serious review of this whole planning application and the lessons that can be learned from it aired in public, but like the residents I am not holding my breath. However, perhaps the fact that two senior councillors have stood up to be counted means all is not lost in the civic office corridors of power just yet."