A HOUSING developer has been fined over £30,000 for digging up a cycle path near Taunton and leaving it for two years.

St Mowden Homes Ltd carried out authorised work in the Norton Fitzwarren area in 2021.

Somerset Council authorised them to complete the work, which involved digging 20m down to connect a manhole to a storm drain.

Despite pleas from the council, the housing developer failed to restore the dug-up cycle track for two years after the work was initially carried out.

On September 27 2023, the developer appeared at Taunton Magistrates Court, and pleaded guilty to four offences committed under the New Roads and Street Works Act 1991 (NRSWA 1991).

The court heard that St Modwen Homes carried out street works at Great Western Way in Norton Fitzwarren, and failed to reinstate white lines on the carriageway and footpath, along with red tarmac on the cycle path.

The court also heard that from January 10 2022 to March 3 2023, the company failed to respond to various notifications sent by Somerset Council urging it to complete the reinstatement properly.

In addition, the court heard Somerset Council inspected the site in late March to assess whether it was finished properly and in accordance to the prescribed standards - however, it was deemed to be below the standards expected and Codes of Practice made under NRSWA 1991. 

Somerset Council also stated: "Further, between 26 September 2021 and 5 May 2023, the Council deemed the street works as “interim”, St Modwen Homes failed to make the interim reinstatement permanent within six months, as required by section 70(4A) of NRSWA 1991. Finally, between 26 March 2021 and 5 May 2023, the company failed to fulfil its duty to fully complete the reinstatement of the street works as required by section 70 NRSWA 1991. "

The developer was fined a total of £28,000, plus a victim surcharge of £190 and costs were ordered for £3,866.50.