THE landowner and building company behind a housing development on a major road into a town have been fined over failing to meet planning conditions for site drainage.

Heron Homes Limited and Southworth Construction Limited - both of 12 Dalton Court, Commercial Road, Darwen - were both ordered to pay £1,399 by Blackburn Magistrates Court regarding works at Meadowbrook Rise on Haslingden Road, Blackburn.

They are developing the site for a housing estate with 23 three and four-bedroomed detached and semi-detached homes selling for £140,000 to £205,000.

It is believed 12 have been sold and occupied and another seven completed.

It is understood there have been several complaints to Blackburn with Darwen Council about work at the site and its staff have made several visits there.

The Lancashire Telegraph has spoken to two worried purchasers of houses on Meadowbrook Rise - one concerned about contaminated land one dissatisfied with the standard of workmanship on his new property and the general state of the site.

On Tuesday last week Blackburn with Darwen Council took landowner Heron Homes Ltd and builder Southworth Construction Ltd to court. Both have the same sole director Joe Hindle.

A large mound of earth, estimated at 30,000 tons, can be seen at the site.

The houses on the estate are being marketed by Walmer Homes Ltd of 14 Dalton Court, Commercial Road, Darwen which is different company with a different sole director Peter Simon Finch.

Blackburn magistrates convicted Heron Homes Limited and Southworth Construction Limited in their absence of the offence of failing to comply with a breach of planning condition notice.

They were ordered to pay £1,399 each made up of a £1,100 fine, a £110 victim surcharge and costs of £189.

The full wording of the breached planning condition is: "Before any development takes place, a foul and surface water drainage and surface water regulation scheme shall be submitted to and approved in writing by the Local Planning Authority.

"The development shall be implemented in accordance with the approved details prior to the occupation of the approved development."

The reason for this is 'to ensure a safe form of development that poses no unacceptable risk of pollution to water resources or human health'.

Martin Kelly, Blackburn with Darwen Council's director of growth and development, said: “As a council, we are absolutely committed to ensuring public safety and protecting the environment and our residents.

“As such, we have taken legal action against Heron Homes Limited and Southworth Construction Limited regarding their development in Haslingden Road.

“The companies had breached planning conditions in relation to drainage for the site - which had been clearly set out as part of a thorough planning process.

“Both construction firms were summonsed to appear before Blackburn Magistrates Court on Tuesday October 22 but the case was proven in their absence.

“They have been ordered to pay a total of £1,399 each for failing to comply with the breach of a condition notice and now have 28 days to pay the fine.”

It is understood the two firms could face further action by Blackburn with Darwen Council and the Environment Agency for breaches of conditions at the site.

The Lancashire Telegraph was unable to contact either of the companies fined at 12 Dalton Court. Southworth Construction is currently facing a winding up petition.

Walmer Homes failed to respond to a request for comment.