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Search the Public Notice PortalA housing developer has been given the go ahead to change plans for a house on its upcoming 79 home estate – despite it having already been bought.
Blackburn with Darwen Council approved the aesthetic change to the house at the former Vernon Carus Mill in Hoddlesden, despite its buyer objecting to the changes.
Three objections were filed against the changes by the person who had already purchased the property, citing privacy concerns, structural safety, and how the changed plans looks.
The changes, which affect a number of plots at the Kingswood Homes site, were submitted to the council as a ‘non material amendment’ to the approved 2019 plans for 79 homes on the site, which had lain disused for more than 20 years.
The 'Tobermore' retaining wall, bottom, was meant to extend a further 1.8 metres (Image: William Morgan)
They involve a number of tweaks to the look of some of the properties, which the applicant states are in response to new information learned during construction.
While many of these changes to plots around the seven-acre site involve moving some homes further back from the road, or putting up more fencing to prevent noise pollution, one in particular sparked a number of objections.
That’s because the developer has decided to change its plan for a stone retaining wall in the garden of ‘Plot 57’, 2 Loom Terrace, which would have also functioned as a privacy feature for the occupants.
Instead, above ground level, this already-sold home will now have standard panel fencing bordering its garden, rather than a stone wall.
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An engineering report explained that, despite the initial plans proposing a 1.8 metre ‘Tobermore’ stone wall, these types of retaining structures are not meant to be used as free-standing walls.
The current homeowner, who purchased the property when plans showed a stone walled garden, had objected regarding privacy, safety, and aesthetics, however the council approved the changes.
The officer report stated the proposed changes to the plot’s garden were ‘visually acceptable from every perspective’ as fencing is common in most housing developments.
Meanwhile, safety and privacy concerns were rejected as the fence is the same height as the proposed wall, and the retaining wall has no impact on the stability of the house’s foundations.
This Kingswood Homes development, called Spinner's Brook, has won a number of industry awards, including: Medium Housing Development of the Year 2026, NHBC Pride in the Job 2025, and the Site Recognition Award at the LABC Building Excellence Awards 2024.
Kingswood have provided further information about the home buyer's protests, stating that their purchase and consequent objections to the plan's changes had taken place after the fencing had already been installed.
A spokesperson for Kingswood Homes said in a statement: "The customers who purchased this home initially reserved the property in June 2025. At that time, the property was fully constructed, including all boundary treatments, which were available for inspection.
"During the conveyancing process, the customers raised a number of queries relating to certain construction elements, including the boundary treatments. On multiple occasions, we confirmed that the boundary treatment installed on site represented the intended and final specification for the plot."
They added that the new boundary was visible both when the purchasers reserved the property, as well as when they completed the house purchase. Kingswood said that this purchase therefore took place on an 'as built' basis.
Their statement added: "Non material amendments are a standard and accepted part of the housebuilding process, allowing developers to regularise minor changes that may occur during construction.
"In this instance, the application was submitted to reflect the boundary treatment as it had been constructed on site. As noted above, the purchasers were fully aware of this arrangement, having reserved and subsequently purchased a completed home with the boundary treatment already in place."
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