ED131 Land East of Buckingham Road
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Mr Nick Freer Our Ref: APP/J0405/A/14/2219574 David Lock Associates Ltd 50 North Thirteenth Street Central Milton Keynes MK9 3BP 9 August 2016 Dear Sir TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY HALLAM LAND MANAGEMENT LTD: LAND EAST OF A413 BUCKINGHAM ROAD AND WATERMEAD, AYLESBURY APPLICATION REF: 13/03534/AOP 1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, David M H Rose BA (Hons) MRTPI, who held an inquiry for 13 days between 4 November 2014 and 21 July 2015 into your client’s appeal against a refusal to grant outline planning permission by Aylesbury Vale District Council (‘the Council’) for up to 1,560 dwellings, together with a primary school, nursery, a mixed use local centre for retail, employment, healthcare and community uses, green infrastructure and new link road, in accordance with application reference 13/03534/AOP, dated 17 December 2013. 2. On 6 June 2014 the appeal was recovered for the Secretary of State's determination, in pursuance of section 78 of the Town and Country Planning Act 1990, because the appeal involves proposals for residential development of over 150 units or on sites of over 5 hectares, which would significantly impact on the Government’s objective to secure a better balance between housing demand and supply and create high quality, sustainable, mixed and inclusive communities. Inspector’s recommendation and summary of the decision 3. The Inspector recommends that the appeal be dismissed. For the reasons given below, the Secretary of State agrees with the Inspector’s conclusions and recommendation, dismisses the appeal and refuses planning permission. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Matters arising following the close of the Inquiry 4. The Secretary of State notes the procedural matters at 1.1 to 1.6 of the IR. Phil Barber, Decision Officer Tel 0303 444 4 2853 Planning Casework [email protected] 3rd Floor Fry Building 2 Marsham Street London SW1P 4DF 5. On 10 May 2016, the Secretary of State wrote to parties to seek comments on the Judgment in the cases of Suffolk District Council v Hopkins Homes Ltd and Richborough Estates Partnership LLP v Cheshire East Borough Council & Secretary of State for Communities and Local Government [2016] EWCA Civ 168. 6. In reaching his decision on this appeal, the Secretary of State has taken account of all correspondence on the above matters. As this correspondence was copied to the parties to this case the Secretary of State does not consider it necessary to reproduce it here. Copies may be obtained on request to the address at the foot of the first page of this letter. Policy considerations 7. In deciding this appeal, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004 (“the Act”), which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. In this case the development plan consists of the saved policies of the Aylesbury Vale District Local Plan (LP), adopted January 2004. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (the Framework), the associated planning practice guidance (the Guidance) and the Community Infrastructure Levy (CIL) Regulations 2010 as amended. Emerging Policy 8. The Secretary of State notes that public consultation on the new Vale of Aylesbury Local Plan began on 7 July 2016. He notes the proposed housing allocations are subject to change and at this stage land east of the A413 at Buckingham Road and Watermead does not appear as a proposal. He gives the emerging policy no weight at this stage. Main considerations 9. The Secretary of State agrees with the Inspector that the main considerations are those listed at IR1.35. Housing land supply 10. Having carefully considered the Inspector’s discussion at IR7.2-7.9 with regard to the housing requirement and land supply the Secretary of State agrees that a 5 year supply of deliverable housing sites cannot be demonstrated against objectively assessed need. He notes the Council are still working on their assessment and published a position paper in January 2016. However these figures have not been tested against objectively assessed need and he gives them no weight at this stage. At the Inquiry a supply of around 3 years was agreed between parties. The Secretary of State agrees with the Inspector the provision of both market and affordable housing at the level required by Policy GP.2 is a factor of very significant weight (IR7.10). Landscape Landscape character 11. The Secretary of State agrees with the Inspector that the development would impact on two local landscape character areas (IR7.13), remove key landscape characteristics 2 including narrow strip fields and ridge and furrow, and compound the impact of ribbon development along the A418 (IR7.19). He further agrees that, with the exception of narrow remnant gaps, the built up area of Aylesbury would run out into Bierton. The Secretary of State also agrees with the Inspector and finds that the screening planting would be at odds with the open character of the landscape and would compound the influence of the urban area onto the neighbouring landscape character areas (IR7.25). Visual effects 12. The Secretary of State notes the Inspector’s discussion at IR7.26 – 7.35 and agrees that the visual impacts from public rights of way, especially those in more sensitive countryside would be very marked, the approach to Aylesbury along the A413 would become more urban and from the A418 there would be blurring of the distinction between Aylesbury and Bierton (IR7.36). Landscape value 13. The Secretary of State notes the proposed development is not within a designated landscape and its scenic quality is not of any note (IR7.37 – 7.38). He agrees that formal public access and recreational use is limited to two public rights of way across the site (IR7.41) and agrees with the Inspector that the land has minimal recreational value. Scheme design 14. The Secretary of State notes the development would deliver green infrastructure and a linear park (IR7.43). However, like the Inspector he concludes that the proposals would result in a fundamental and adverse change to the character of the landscape, and that the visual impacts of the proposal would be especially marked by extending the influence of Aylesbury into the open countryside and onto land which currently provides containment to the built up area, in conflict with the Framework and Policy GP.35 (design of new development). As such he finds like the Inspector that notwithstanding the ecological and recreational benefits of the proposal, the development as a whole would have a very significant adverse impact on the character and appearance of the landscape (IR7.46). The setting, identity and historic context of adjacent settlements Setting and identity 15. The Secretary of State agrees with the Inspector that Bierton is a village surrounded by countryside and not joined to Aylesbury and that the proposed development would cause Bierton to lose its separate identify (IR7.51). He further agrees that the proposed green infrastructure would effectively tie Watermead to Bierton and is likely to be perceived as a complementary element of the new housing development and as such be a further agent of coalescence (IR7.55). 16. The Secretary of State has carefully considered the Inspector’s comments at IR7.57 – 7.60 and agrees that omission of some housing from the proposal would offset the identified adverse impact on the individuality of Bierton, but that it would not eliminate it (IR7.61). 3 Historic context 17. The Secretary of State like the Inspector finds that the development would not have any material effect on the setting of Bierton’s historic assets and that the character and appearance of the Conservation Area would be preserved (IR7.62). He further agrees that the ability to read or appreciate the history of the landscape as a whole would be seriously diminished by built development, through the loss of a generally well-preserved field pattern (IR7.66). Planning Policy 18. The Secretary of State has noted the Inspector’s comments at IR7.68 – 7.69 and his summary conclusions at IR7.70 – 7.73. He disagrees with the Inspector and finds Policy RA.2 now a relevant policy for the supply of housing as it is engaged when there is any reduction to open land that contributes to the form and character of rural settlements. Because policy RA.2 is a relevant policy for the supply of housing Paragraph 49 of the Framework applies, however policy RA.2 should not be considered up-to-date because of a lack of a 5 year housing land supply. The Secretary of State agrees with the Inspector that the specific purpose of Policy RA.2 is to avoid coalescence and protect the identity of settlements; he therefore gives some weight to Policy RA.2 in the planning balance. Best and most versatile agricultural land 19. The Secretary of State agrees with the Inspector that the development would involve the loss of 55 hectares of best and most versatile agricultural land including 19.5 hectares of grade 2 land (IR7.80). He also agrees that this loss is of material significance undermining the sustainability claims of the scheme and like the Inspector gives this matter moderate weight. Mix of uses and sustainability 20.