Wigan Council drops its prosecution against a housing developer over unfulfilled planning obligations

The prosecution of a developer for allegedly reneging on play area, footpath and landscaping agreements for a new Wigan housing estate has been dropped after it finally fulfilled its obligations.

The local authority had taken Wilmslow-based Morris Homes to court, claiming that it had not met planning permission conditions with regards to homes it was building in Standish.

Wigan magistrates heard that, as the owner of land situated to the north and south of Rectory Lane, the company was in breach of an enforcement notice issued by the town hall for "failing to comply with the stated condition of implementing landscaping works, play provision and footpaths” contrary to the 1990 Town and Country Planning Act.

Last October Wigan Council issued a statement which said it took enforcement action against a developer who was allegedly not delivering on-site infrastructure as required, but added that the prosecution had been put on hold with progress being made on-site and officers were "closely monitoring.”

Now at a new Wigan and Leigh Magistrates' Court hearing, the prosecution was completely withdrawn by the local authority.

A Wigan Council spokesperson said: “Following action taken by the council to secure delivery of the agreed facilities for the local community, the matter has now been satisfactorily resolved.

“The required public open space works, including the allotments, landscaping, play provision and associated infrastructure, have been completed in accordance with the approved scheme and the allotment land has subsequently been transferred to the council.

“Arrangements are now being made for the plots to be allocated to local residents.”