High Court Prevents Sale of Homes Due to Unpaid Fees – TNT

The sale of new build houses just outside the village of Wretton, near Downham Market, has been put on hold by a court after the housebuilder behind the project failed to make a cash contribution towards local infrastructure and services.

King’s Lynn & West Norfolk Borough Council obtained the order over the non-payment of £118,00 of Section 106 finance.

It follows the construction of eight properties by EAM Developments, which has been approached for comment.

The council said it had obtained an interim High Court order last month which was renewed on Friday. There will be a further hearing on 21 July.

Norfolk County Council is pursuing the same developer over non-payment of money in relation to another development in the nearby village of Whittington.

A spokesman for the county council said: “The funds due to Norfolk County Council to pay for local community infrastructure from the Whittington development remain unpaid, and efforts to recover these funds are ongoing.”

One of the properties at the centre of the Wretton court order is a four-bedroom detached house off Low Road which is on the market for £600,000.

The land is on the site of a former social club.

Martin Peter Clark and Emma Malvina Beaton from Weeting, on the Norfolk-Suffolk border, are listed as the people with significant control of EAM developments.

A Companies House listing states that it was incorporated in 2014.

Section 106 of the Town and Country Planning Act 1990 is a significant piece of legislation used in the UK planning system to secure planning obligations between a developer and a local planning authority. It is a tool that allows local authorities to negotiate with developers to make a development more acceptable in planning terms, particularly when a proposed development might have negative impacts on the local area.

In the case of the amount owed to Norfolk County Council, it is understood the money was planned for schools and a library.

Jim Moriarty, West Norfolk Council cabinet member for planning, told the press: “Section 106 agreements are put in place on certain developments where planning permission would not otherwise be granted.

“They are an important part of the contributions that developers make to mitigate the impact of their plans and support affordable housing.

“Indirectly, failure to pay Section 106 contributions impacts on local people and we, as the local planning authority, have a duty to pursue non-payment.”

He added: “We are continuing to work with Mr Clark to resolve this matter.”