AN ENFORCEMENT investigation is underway as dismayed residents in Poole believe a historic common law contract has been broken by developers of a multi-million-pound development.
Residents claim a large housing development in Meriden Close, Canford Cliffs, has broken a restrictive covenant agreement.
BCP Council has told the Daily Echo that the situation is under investigation.
The developers, Bayview Developments, had plans for two semi-detached houses in the cul de sac approved after previous plans for three town houses were refused.
However, residents say the already under construction properties have “got way out of hand” with the addition of a “massive” annex being built on land understood to be protected by a restrictive covenant.
Restrictive covenants are binding conditions that are written into a property’s deeds or contract by a seller to determine what a homeowner can or cannot do with their land. Failure to live up to the contract can result in fines or even legal action.
The private Meriden Close road is owned by Jacgilden Properties and a covenant was reportedly agreed for all five plots of land, which are owned by freeholders, preventing certain developments from taking place.
It is said one such piece of land, historically used as an orchard garden, prevented any building development from taking place.
Residents living in the adjacent Ravine Court complex and in Meriden Close itself have said their concerns over a new building, earmarked as a garage/swimming pool complex with guest annex above, have been “ignored”.
The application for the garage/swimming pool complex and separate dwelling building relates to land which was severed from 2 Meriden Close to create a new plot. It received planning permission in May last year.
A Ravine Court resident said: “We feel totally ignored and it’s just bizarre that this is allowed to go on.”
Clive Crossley, 91, told the Echo: “There is an existing covenant. When I bought my property the covenant was made clear to me.
“I’ve been trying to stop them from doing this in the nicest possible way by suggesting what they could do with the land.
“I also think the council don’t have enough grit to stand up to this. We’ve now got these letterbox buildings with very little character and they don’t have the architectural language of what exists here.
“It’s overwhelming to this area and I think they’ve ruined the road. It makes me emotional, I don’t know what I can do.”
Clive, who has lived in Meriden Close for 22 years, added: “Everything is being done incrementally. You don’t notice it until it’s there.
“It appears they keep changing things in the application.”
BCP Council said they were unable to comment on the details of the matter because it was part of an “ongoing enforcement investigation”.
Gillian Brookes of Jacgilden said: “We are unable to comment at this time but confirm that Jacgilden Properties Limited are aware of the matter.”
The Daily Echo also approached Bayview Developments to comment.
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