The councils have legal powers to make a developer keep its promises. Here is each one, what it would achieve, and whether it is known to have been used at The Colleys. If any of this is out of date, tell us and we will correct it.
SKDCNot known to have been used
Breach of Condition Notice
Section 187A, Town and Country Planning Act 1990
Requires the developer to comply with a planning condition, here condition 2 (play areas before the 200th home) and condition 6 (landscaping). There is no right of appeal, and failing to comply is a criminal offence.
Where it stands: SKDC's written update read to residents on 23 Oct 2026 said the play area requirement has not been complied with and that it will pursue this with the developer. Residents are not aware of a notice being served.
SKDCNot known to have been used
Enforcement of the Section 106 agreement
Section 106(5) and (6), Town and Country Planning Act 1990
The council can go to court for an injunction to make the developer do what the agreement requires, or enter the land, carry out the work itself and recover the cost from the developer. The agreement includes the "Green Areas" obligations.
Where it stands: Vistry's Green Areas details were approved on 27 Nov 2025 (S25/2130). Residents are not aware of any enforcement action under the agreement.
SKDCNot known to have been used
Enforcement Notice
Section 172, Town and Country Planning Act 1990
A formal notice setting out what must be done to remedy a breach of planning control, and by when. It can be appealed, but non-compliance after it takes effect is an offence.
Where it stands: No notice known.
SKDCAsked for Oct 2025, no notice known
Section 215 notice (untidy land)
Section 215, Town and Country Planning Act 1990
Requires the owner to clean up land whose condition harms the amenity of the area: rubble, abandoned materials, overgrown unfinished open space.
Where it stands: Residents asked for one in October 2025. No notice known.
Lincolnshire CCBond held, not called
Calling in the road bond
Section 38 agreement, Highways Act 1980
The County Council holds a bond for the full cost of finishing the estate roads. If the developer does not finish them, the council can call in the bond and complete the roads to an adoptable standard itself.
Where it stands: In November 2025 the County Council said it holds the bond but prefers the developer to finish the works. Street lighting, surfacing and footways remain outstanding.
SKDCNot known to have been used
Completion notice
Section 94, Town and Country Planning Act 1990
Sets a deadline after which the planning permission stops covering unfinished work. It needs Secretary of State confirmation and does not force the work to be done, so it is a pressure tool more than a fix.
Where it stands: Residents asked for completion notices in October 2025. No notice known.
HSEResidents can report
Construction site safety
Health and Safety at Work etc. Act 1974; Construction (Design and Management) Regulations 2015
The Health and Safety Executive can inspect a construction site and require hazards to be made safe. Residents report open construction areas where children play.
Where it stands: Anyone can report a concern at hse.gov.uk.
This is general information about the law, not legal advice. Whether and how a council uses a power is for the council to decide. We would welcome an update from either council and will publish it here.