Dear All

Just to keep you all informed the email and attachment below has been sent to Cheshire West and Chester Council. It’s self explanatory but if anyone wants to discuss please let me know. If you feel strongly about anything in this document please feel free to contact CWAC and make your feelings known.

Steve Moran
Vice Chairman Byley Village Council

Click here for the summary PDF

Subject: F P McCann

Dear Mr Lewis

You may have noticed lately that previously prolific contact between the residents of Byley and your Department regarding the activities of F P McCann has reduced significantly.  Following the advice of the Councillors at the sometimes emotional Planning Committee meetings where F P McCann’s applications have been approved, the residents and Byley Parish Council have done everything possible to liaise with F P McCann. They have discussed fully many details of their plans and held several meetings, indeed proposing and agreeing that they should move their entrance from King’s Lane to the B5081.  Eoin McCann who owns the company, following one of our liaison meetings, even sent an email to Byley Parish Council and the residents who attended the meeting  “deeply regretting” his failure to engage with the residents and the Parish giving the impression of future full co-operation and liaison.

Unfortunately despite our best efforts there has been no discernible change in the company’s attitude towards our residents, the Parish Council and apparently towards the CWAC and the Planning Committee since it breaks its promises, goes back on assurances and repeatedly flouts planning conditions. The residents have been monitoring the site closely since the last Planning approval in August 2017 and indeed your department warned F P McCann about breaking working hours in April last year following the February 2017 Planning approval and in September 2017 issued them with a Breach of Condition Notice for working outside hours which if ignored I believe is a criminal offence.

At the Planning Committees in February 17 and August 17 several Councillors on the Committee expressed that the residents of Byley had “suffered enough”.  It was specifically requested by at least one Councillor and agreed by the Chair that the Planning Office monitor this company closely to ensure all conditions were met. The Chair commented that he was sure the residents would let the council know if they were not. Mark Stocks Councilor speaking in opposition to the planning application also commented that the Council were there to protect the community and they had been let down in his opinion.

In the considered view of the Parish Council and the residents there have been continuous and ongoing breaches to many of the Planning Conditions.  We also have concerns about the historical site artefacts, which we have included in the attached schedule of Planning Applications and breaches for which F P McCann is responsible

The attached schedule sets out perceived breaches/incidences of non-compliance with planning conditions which the Parish Council and residents believe have occurred, and are still occurring.  Please note that we have included a selection of photographic evidence in support of all the issues listed but many more photographs and videos are available which support all of which are date and time stamped.

We urge the Council to fully investigate all issues and breaches described in the schedule as a matter or urgency.  We would also advise that, in the light of the seriousness and frequency of the breaches by F P McCann the council exercise its discretion NOT to warn the company of any site visits that it undertakes as part of the investigation which could result in evidence being removed/changes implemented for a short time.

Our sole intention in compiling this evidence is to stop the deep distress being continually caused to the local residents and prevent it worsening – our small rural village is already unrecognisable from what it was due to this company and we have been advised by them that there are further planning applications they intend to put in.  With the number and seriousness of the breaches in our opinion, any further developments should not even be considered at the present time.

We have copied this mail to the Councillors who have sat on the Planning Committee where the relevant applications were approved and who visited the site with several expressing their shock during the Planning Committee at how it looked at that time as we believe they should know that their efforts to protect the residents appear to have been in vain.

We look forward to hearing from you in due course and fully expect the Council to take appropriate action to protect the residents. The residents would be more than willing to meet with the Council if this would be helpful and share further evidence.


Steve Moran
Vice Chairman Byley Parish Council on behalf of Byley Residents