No end in sight for Brierfield residents' road battle

A group of Pendle residents have been waiting nine years for a housing estate road to be finish and street lights to be put up.

Friday, 29th July 2016, 5:57 pm
Photo Neil Cross Darren and Susan Ensby, of May Tree Cl, Burnley have been fighting Pendle Council to bring the road up to an adoptable standard.

But the end of the road is still not in sight going on for a decade later after a financial agreement is yet to be reached despite several attempts between residents in May Tree Close, Brierfield, the developer of an adjacent site which needs the access road, and Pendle Council.

May Tree Close was left without street lights and with raised ironworks in the road when the developer which built the 10 properties went bust in 2007.

Pendle Council was taken to the Local Government Ombudsman by one of the residents, Darren Ensby, earlier this year for maladministration for failing to agree a bond with the now bankrupt developer which would have ensured the completion work was carried out.

And while the inspector on behalf of the Ombudsman declared the council should provide funds towards the cost, it could not be demanded.

Mr Ensby said: “For over nine years we have been fighting Pendle Council to bring our road up to adoptable standards.

“The council failed in its planning duties to get a deposit from the builder who then when bankrupt without finishing the road.”

Pendle Council’s Corporate Director Philip Mousdale said: “The council has no legal liability in this matter.

“The Ombudsman made it perfectly clear in her investigation report that she did not require the council to fund this work.

“We have nevertheless made a generous ex gratia offer to the residents and the developer towards the cost.”