Consent for a major Isle of Wight housing development has been struck off following “unauthorised work” and “a clear potential that harm has been caused”.
In an announcement this morning, the council confirmed its conditional permission for the building of 44 houses on land to the east of Birch Close in Freshwater has been “invalidated” after a two-week investigation.
County Hall opened a planning enforcement case after an outcry from Freshwater residents and county councillors Chris Jarman and Peter Spink, after the developer brought machinery and contractors into Birch Close last month.
The Empowering Islanders councillors said Journey Estates’ works were “contrary” to the local authority’s conditional permission and pointed in particular to an unmet highway safety condition for double yellow lines to be installed.
A council spokesperson said:
“The Local Planning Authority (LPA) has finished looking into the recent unauthorised work at the site.
“Although planning permission was granted for this development with several conditions to be met before starting, three conditions were still outstanding when the permission expired on February 21, 2025.
“The LPA is satisfied that the requirements of conditions eleven and 25 could be retrospectively agreed because the work done so far would not physically stop the installation of drainage systems or parking restrictions.
“However, the LPA has concluded that the requirements of condition 18, which involves checking for protected species before starting work, has not been met and can’t be met now because of the work that has already been done.
“Therefore, the planning condition has not been met, cannot be met retrospectively, and there is a clear potential that harm has been caused.”
The council added “no further work related to the invalidated permission should be carried out” and urged the developer to “engage” with the LPA.
Totland and Colwell’s Cllr Chris Jarman said the decision was a “welcome relief for residents and our community”.
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