The MP for Chichester has challenged developers over the marketing of new homes at the controversial Fossil Bay development in Earnley, before outstanding planning issues have been resolved.

In a letter dated Tuesday, July 7, Liberal Democrat MP Jess Brown-Fuller wrote to David Wilson Homes, after learning the company was advertising open days at the Clappers Lane site – despite planning conditions relating to sewerage capacity remaining unresolved.

In March, construction of the Fossil Bay housing development in Earnley was paused after the site reached the limit of available sewage capacity, leaving both builders and potential buyers in uncertainty.

Barratt David Wilson Homes, the developer behind the project, confirmed that work on the site is on hold while it addresses drainage issues with Southern Water and Chichester District Council.

In a letter dated Tuesday, July 7, Liberal Democrat MP Jess Brown-Fuller wrote to David Wilson Homes, after learning the company was advertising open days at the Clappers Lane site – despite planning conditions relating to sewerage capacity remaining unresolved.

placeholder image — In a letter dated Tuesday, July 7, Liberal Democrat MP Jess Brown-Fuller wrote to David Wilson Homes, after learning the company was advertising open days at the Clappers Lane site – despite planning conditions relating to sewerage capacity remaining unresolved.

Four months on, Mrs Brown-Fuller said she was ‘shocked and appalled’ that properties were being promoted before a planning decision had been reached.

She wrote: "I was shocked this week to learn that David Wilson Homes are advertising a series of open days at the Fossil Bay Development on Clappers Lane in Earnley, despite planning conditions being in place that prevent occupation until sewage capacity issues have been resolved.

“A local resident called to enquire about your open day, advertised for less than one month's time, to be told that occupation of properties could commence four to six weeks following the open day.

“Developers should not be pre-empting planning decisions and offering assurances on when the properties can be occupied.

It was planned that the Fossil Bay development would consist of 100 properties, 30 per cent of which would be affordable homes, on land south of Clappers Lane in the village of Earnley. Photo: Google Earth

“It is critical that both existing and future residents can be confident that local infrastructure is able to support this development and there is no evidence currently to suggest it can do so.

“It is also critical that developers respect the planning process, and local residents can see that these stop notices are complied with.

“I would be grateful if you could clarify what work has been carried out to address the sewage capacity issues and if you have been given a concrete date that the Fossil Bay development will be discussed at a planning committee.”

Responding to the concerns, a spokesperson for BDW Southampton said: “We have been working hard to install a package of drainage measures including additional on-site foul water storage and new monitoring technology to manage the sewer capacity.

“All of the new drainage is operational and Southern Water has confirmed there is now sufficient sewerage capacity within the network for the development.

“Based on this we consider all our planning requirements have now been satisfied and that sales can re-start at Fossil Bay.”

Chichester District Council has previously confirmed the planning process relating to the site's sewerage arrangements is ongoing.

Outline permission for the site was granted by the Planning Inspectorate following an appeal against an earlier refusal by Chichester District Council.

As part of the approval, a condition was imposed preventing any new homes from being occupied until the council receives confirmation from the sewerage undertaker that sufficient off-site foul drainage infrastructure is in place.

A spokesperson for the local authority said: “As part of allowing the appeal, the Planning Inspector imposed a condition preventing new homes from being occupied until the council receives confirmation from the sewerage undertaker that the necessary off-site foul drainage infrastructure is operational and that sufficient capacity exists within the network to accommodate the development.

“During construction, consultation with the sewerage undertaker confirmed there was insufficient capacity in the off-site sewer network to support the development.

“Following this, the developer applied to the council for permission to amend the condition, proposing additional on-site infrastructure to act as an interim solution while wider network upgrades are delivered.

“This application was refused because the information provided was not sufficient to demonstrate that the proposed solution would be effective and that it would avoid potential flooding or pollution impacts as an unintended result. The council remains open to discussions with the developer and the sewerage undertaker.”

It was planned that the Fossil Bay development would consist of 100 properties, 30 per cent of which would be affordable homes, on land south of Clappers Lane in the village of Earnley.