Category Archives: AONB

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11 Dec 2014

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AONB, Environment (local), Local Plan, NPPF

Report: Not in my backyard: local people and the planning process

A useful and timely report from the Local Government Ombudsman:

Some interesting bits:

“… The government has recently introduced new legislation which requires council officers who grant permission under delegated powers to produce a written record of that decision. Councils must make the record available at their offices and on their websites. These written decision records must be kept for a period of six years and any background documents must be kept for four years. This only applies to decision made by officers with delegated powers however there is no reason why councils should not extend this to decisions made by committee. “

Ahmir’s Story:

“Ahmir complained the council had given a local councillor planning permission for a house in an area of outstanding national beauty. The councillor was close friends with the Chairman of the Planning Committee. We found that both councillors had a close relationship as they and their families regularly attended the same social functions. The Chairman of the Planning Committee failed to declare this.

The council’s constitution and Code of Conduct said councillors must not take part in a meeting if they had a ‘prejudicial interest’ in what was being discussed. We found the chairman was at fault for not declaring an interest and that he should not have taken part in the meeting.

The council’s officer report recommended the committee refuse planning permission for the house because it was contrary to national and local policies and could set a precedent for inappropriate development in an area of outstanding natural beauty. The vote in favour of granting planning permission was finely balanced. If the chairman had not taken part in the meeting planning permission would have been refused.

Following our investigations the Leader of the Council applied to court to have the committee’s decision overturned. The judge overturned the decision and said “any fair-minded and informed observer would conclude that there was indeed a real possibility of bias in the decision to grant planning permission”. The Council incurred significant costs in dealing with the complaint and subsequent court action. The applicant wasn’t able to recover the cost of building the house or any of their legal fees. …”

Click to access 2093-Planning-Focus-report-final.pdf

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5 Dec 2014

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AONB, Environment (local), Tourism

Southwest England ranked third top tourist destination in Europe

A correspondent writes: ‘There was a letter in the Western Morning News (03/12/2014) about Cornwall and the South West, mentioning Lonely Planet.
Looking further into this, here’s what I found:

Source Extract from WMN article dated 29th Oct 2014, and information from ‘Lonely Planet’, at the links indicated below:

29th October 2014
http://www.westernmorningnews.co.uk/WMN-OPINION-Devon-Cornwall-proud-tourist-industry/story-24895756-detail/story.html

Lonely Planet included the region in its latest list of the top ten must-see locations and its travel experts rated the region’s rich moorland, rugged coastline and miles of sandy beaches as being on a par with heavyweight holiday spots Greece and Italy. We all know Devon and Cornwall are fabulous, it seems everyone else might be beginning to get the message too.
http://www.dreamsofcornwall.co.uk/blog/top-holiday-destinations-europe/

Coming third in their list of the best places to visit in Europe, the South West’s dramatic rural landscapes and breathtaking coastal scenery are among the reasons why the area is ranked higher than other European destinations such as Italy, Spain and France, placing Cornwall firmly on the map in the eyes of millions of travellers worldwide.

The Lonely Planet top 10 destinations in Europe for 2014 are

1. Greece

2. Ljubljana, Slovenia

3. Southwest England, UK

4. Italy

5. Viking Denmark

6. Seville, Spain

7. Outer Hebrides, Scotland

8. Plzeň, Czech Republic

9. Stavanger, Norway

10. Toulouse, France

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24 Nov 2014

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AONB, EDDC, Environment (local), Local Plan

Developers offering farmers “no win, no fee” for planning applications

….. “Gladman Developments, which has a turnover of £200million a year, targets councils that cannot demonstrate a five-year housing supply.

It offers to pay all the costs of obtaining planning permission – including the fees for lawyers and experts in the event of any appeal – which can exceed £300,000.

If the attempt to win permission is unsuccessful, the farmer does not have to pay anything. The firm recently took out adverts in the farming press calling for sites of up to 50 acres on the edge of a towns or villages. Its adverts boast: ‘We aim to never lose and have won 90 per cent of our housing planning applications.

‘You pay nothing, win or lose. We only get our percentage after you have sold your land to the highest bidding housebuilder.’

The firm has an astonishing success rate, having secured planning permission for rural sites in 41 out of its last 43 cases, despite substantial local opposition. …

Read more: http://www.dailymail.co.uk/news/article-2846629/No-win-no-free-lawyers-ruining-countryside-bankroll-farmers-seeking-permission-build-fields.html

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23 Nov 2014

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Affordable and Social Housing, AONB, EDDC, Environment (local), NPPF

Leading academic says planning system letting the countryside down and may be being made ready for sell-off

” … Planning departments across the peninsula have been cut by up to half, and Prof Balch said the axe was likely to fall again. One planning officer told him she had a caseload of 91 applications, which had to be determined within eight weeks – more than two a day.

“How can you visit the site, prepare paperwork and do all the consultation?

“The changes may not be bad in principle, but you will see unintended consequences. You are probably going to see more legal challenges from a system which is running on three-quarters empty.”

Who are we doing planning for? Is it for the landowner and applicant, or is it for the community and society?”

Prof Balch said that there was some suspicion that the government was “teeing up” the planning system to be outsourced.

Prof Balch warned that decisions were likely to become more inconsistent because the government had introduced more ambiguity into the system.

“In Teignbridge virtually all the barn conversions go through on prior approval. In Wiltshire they have hardly approved any,” he said. …”

Read more: http://www.westernmorningnews.co.uk/Countryside-risk-planning-control-ditched-8216/story-24609710-detail/story.html#ixzz3JuPHdRgG
Follow us: @WMNNews on Twitter | westernmorningnews on Facebook

http://www.westernmorningnews.co.uk/Countryside-risk-planning-control-ditched-8216/story-24609710-detail/story.html

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23 Nov 2014

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Affordable and Social Housing, AONB, EDDC, Environment (local)

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Reading between the lines: “Habitat Regulation Delivery Officer”

Anyone else think that this job description (EDDC Habitat Regulation Delivery Officer) may be the exact opposite of what it purports to be and may be, in fact, a way of helping developers to build even more houses in environmentally sensitive locations in East Devon – such as AONBs?

“Strategic in your thinking, you will be confident setting the direction – and budget – of various programmes to protect wildlife. Persuasive and credible, you are an exceptional communicator with good networking, negotiation and communication skills, and you are capable in sharing information with a wide variety of stakeholders.”

A tongue in cheek translation:

“Strategic in your thinking” – doing as you are told
“Confident in setting the direction and budget” – doing as you are told on the cheap
“Persuasive, credible, exceptional communicator” – doing as you are told whilst persuading others of the opposite
“A wide variety of stakeholders” – doing as you are told whilst keeping developers happy but also persuading the voters you are on their side!

http://www.countryside-jobs.com/Jobs/Dec14/Habitat-Regulation-Delivery-Officer-East-Devon-District-Council-2111_2.html

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21 Nov 2014

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Affordable and Social Housing, AONB, Blackdown Hills, Environment (local)

Affordable housing changes will be “catastrophic for the countryside” and “people don’t like living next to social tenants”

“Nick Chase from ACRE said: “This change would have a catastrophic effect on the numbers of affordable houses coming forward for local communities.

“It also flies in the face of allowing local communities to take responsibility for the numbers and types of houses that they want.” The organisation wants villages with a population of less than 3000 to be exempt.”

For the first time the heads of all ten National Parks in England have come together to personally sign a letter to the government. It says the measure “puts at risk” their affordable housing supply.

Ghost towns and villages

They believe that in rural areas, the open market is already failing to provide enough homes that people on average salaries can buy or rent.

According to Chief Executive of the Yorkshire Dales National Park, leaving housing purely to the open market will lead to “ghost towns and villages“.

A developer went on to say:

” …many people didn’t want to buy or rent a house next to a social tenant. To get permission to build eight homes on a site, his company recently had to make one an affordable home. “There’s an issue of saleability. Sales on either side of the social house were at a reduced price because of the stigma attached,” he explained.

http://www.bbc.co.uk/news/science-environment-30009901

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19 Nov 2014

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AONB, Environment (local), NPPF

“Country Life” magazine wades into the “sustainable” development in the countryside argument

http://www.dailymail.co.uk/news/article-2840156/Desecration-two-Countryside-bible-war-predatory-developers-accused-destroying-idyllic-villages.html?ITO=1490&ns_mchannel=rss&ns_campaign=1490

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18 Nov 2014

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AONB, EDDC, Environment (local), South Somerset

Areas without a landscape designation can escape development on landscape grounds

Interesting ruling in a planning case in Crewkerne just announced which could have implications for sites in East Devon. South Somerset (as one might expect) did not have a local plan or a 5 year land supply. The council dragged its heels about a decision so the planning application went straight to a Planning Inspector for decision. Had the council pulled its fingers out, one of the objections to the site would have been the impact on the landscape character and accessibility of the site. The planning application was for a site that had been considered for inclusion in the (draft) local plan but which had been rejected.

The site does not have a specific landscape designation but the Inspector states:

“The appeal site and the surrounding countryside have no established landscape designation. Nevertheless, that does not mean that the area is not a valued landscape which the Framework advocates should be protected and enhanced. It is a highly attractive undulating landscape in which the relatively small fields, said by the Council to be pre-17th century ancient enclosures, are largely defined by well established hedgerows a and intermittent mature trees. The site acts as an intimate scale buffer between the town’s built edge and the larger agricultural rolling fields of the surrounding landscape. The area has intrinsic character and beauty, which the Framework, in one of its core planning principles, advocates should be recognised. … there are some parts of the appeal site which have more moderate landscape sensitivity. …

…In conclusion, I am not persuaded by the appellant’s contention that the design of the proposed residential scheme fully respects the form, character and setting of the locality. The development would have a significant and adverse impact on the character and quality of the local landscape particularly when viewed from nearby publicly accessible vantage points, …

The Inspector goes on to say that lack of suitable public transport to the site is an issue and that he finds the associated travel plan weak. He also mentions that the developer says that the Local Plan underestimates how many new houses will be needed. However, the Inspector is not persuaded by this argument as the developer cannot say exactly how many houses ARE needed. He is also similarly not persuaded by the developers when they cite their “experience” and “opinion”.
He goes on to say:

“Boosting significantly the supply of housing will inevitably require housing to be built on some greenfield sites which will result in changes to local environments. Nevertheless, the substantial and specific harm to the natural environment that would arise from this development, and the shortcomings of the location in terms of its accessibility and sustainability would significantly and demonstrably outweigh the a acknowledged benefits of the proposal. Therefore, I conclude that the appeal must fail.

The full decision notice is here

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12 Nov 2014

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AONB, Environment (local), Misc, NPPF, Tourism

Countryside under siege

Thought-provoking article on Western Morning News website:

“…If you love something and know it should be protected from harm, you will fight for it – preferably with others, but alone if needs be. But standing up for the countryside can be a lonely furrow to plough in a modern world where our leaders seem to have turned their backs on the nation’s once beloved green acres. …

..But if we have warned, cajoled and focused on the idea that the countryside is under attack from a government which puts short-term profit and gain above the concept of long-term sustainability, then what has puzzled me is why national newspapers and celebrity media commentators aren’t leaping on the same bandwagon. …

….Mr Jenkins [ outgoing Chairman if the National Trust] believes developers have been successful in their bid to build on the countryside, thanks to the fact that they have a “friend” in the Chancellor. If you think the former NT chairman might be deluded, then look at how many towns around the Westcountry are being encircled by new housing developments, despite the fact that communities are protesting they don’t have the infrastructure – or jobs – to support such large numbers of incomers. …

… The countryside isn’t just a pretty place – although there’s evidence to prove that being a pretty place has financial worth both in terms of tourism and wellbeing. It is a provider rather than a taker. It gives far more in the way of economic benefit than it costs. It grows the food we eat, provides the water we drink, helps clean the air we breathe and sequester the muck we shove into the atmosphere. Its worth is far more than anything politicians could hope to accrue by allowing get-rich -quick developers to convert green acres into temporary money spinning fields.”

http://www.westernmorningnews.co.uk/saying-politicians-ignore-countryside/story-24517311-detail/story.html

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10 Nov 2014

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AONB, Sidmouth/ Sidford/ Sidbury

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Sidmouth Garden Centre wants to extend business units further into AONB

http://www.devon24.co.uk/news/green_units_won_t_destroy_our_aonb_1_3836721

The owner is a Sidmouth town councillor and on that council’s planning committee.

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9 Nov 2014

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AONB, EDDC, Environment (local), Local Plan, NPPF

Retiring director of National Trust slams Prime Minister

In an article in today’s Sunday Times, Sir Simon Jenkins says:

“PM ‘ has wrecked beautiful Britain’

Summary

He argues that Britain has a better record of protecting urban environments than rural ones;

“We have looked after our cities very well for decades”

“We are very good at preserving architecture. But we are now really bad at protecting the countryside and landscapes.”

Over the past year, the trust has received about 400 calls from people in towns and villages objecting to what they consider unsightly and unnecessary applications for developments on their outskirts, “Yet five years ago we used to get a handful annually,” said Jenkins.

He ends by saying: “This guerrilla warfare between developers and the countryside must be stopped.”

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5 Nov 2014

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AONB, Environment (local), NPPF

“Illiterate planning”

“The idea you can allow these volume estates – almost all identical – to go ahead as they wish on the grounds that they are pro-growth is illiterate planning.”

Sir Simon Jenkins, Outgoing Chair of The National Trust (quoted from his article in today’s Daily Telegraph, p.4)

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2 Nov 2014

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AONB, NPPF

Celebrity stops development

What you can do when you are a celebrity:

http://www.dailymail.co.uk/news/article-2817559/Great-save-Coleen-sees-bid-developers-build-15-new-houses-Roo-view-5million-mansion.html

or anyone else with more influence than the ordinary resident.

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29 Oct 2014

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AONB, EDDC, Newton Poppleford

Appeal Court to rule on when Environmental Impact Assessments are required

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=20588:appeal-judges-to-hear-key-issue-for-challenges-to-planning-permissions-on-eia-grounds&catid=63&Itemid=31

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22 Sep 2014

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Affordable and Social Housing, AONB, Local Plan, NPPF

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What’s in a name? Gittisham, Willaston …. spot the difference

Eerily similar situations!

http://thenantwichnews.co.uk/2014/09/18/campaign-stop-latest-250-home-plan-willaston/

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17 Sep 2014

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AONB, EDDC

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Can you help East Devon AONB find new offices?

Their office at the East Devon Business Centre (along with many more) is being demolished to pay for Skypark and will be replaced by a supermarket.

Says it all really.

http://www.eastdevonaonb.org.uk/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=397&cntnt01origid=15&cntnt01returnid=68

And they have to be out by the end of the year, though their notice period will be waived if necessary.

That’s nice of EDDC isn’t it.