Fareham Borough Council issue Breach of Condition Notice to Foreman Homes due to excessive dust

Fareham Borough Council issued the Breach of Condition Notice (BCN) to Foreman Homes for failing to curtail excessive dust at a site in Romsey Avenue, Portchester. The council had previously spoken to the site manager asking for them to address the dust issues but it has now been taken a step further.

Foreman Homes are currently building 225 homes at the site with the planning application approved in October 2023. As part of the planning condition they committed to a number of steps to be taken to reduce dust in a Construction Management Plan (CEMP). The council believe that these steps have not been followed.

A council spokesperson said: “The council has received a number of complaints from concerned residents living nearby about the dust being generated at this site and the impact it is having on them.

“As a result, council officers have met with the site manager to discuss the excessive dust being created and to request action be taken to address this. Officers have reminded Foreman Homes of the commitments made by them in the approved Construction Environmental Management Plan (CEMP) which the developer is required by planning condition to follow.

“Unfortunately, despite the council taking robust action to address the problem, the developer has not done enough to remedy these and, therefore, further action has been taken accordingly. A BCN was served on Foreman Homes.”

The BCN request that the following steps are implemented as listed in the CEMP:

(i) during periods of dry weather dampen all surfaces capable of producing dust including, but not limited to dirt tracks and all other areas across the Land over which construction vehicles pass.

(ii) carry out risk assessments for all activities likely to produce an excessive level of dust and implement any precautions identified to control and prevent dust from spreading.

(iii) securely cover all vehicles carrying dusty materials before entering or leaving the Land.

(iv) move all spoil heaps on the Land to the area identified as ‘Temporary Soil Store’ on the plan annexed to the CEMP entitled “Site Set-up Plan”.

(v) erect solid hoarding around the ‘Temporary Soil Store’.

If Foreman Homes fails to comply then it will be at risk of prosecution. The Council spokesperson added: “By law, the developer has 28 days to comply with these requirements (this would be July 23 from date of issue). It is an offence to contravene the requirements after the end of the compliance period and, if that were to happen, the developer would be at risk of prosecution by the council in the Magistrates Court.”

Foreman Homes have been approached for comment.