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Land at Whitehouse Farm, West Moor, Newcastle-Upon-Tyne Application Ref: 11/02337/Ful

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Land at Whitehouse Farm, West Moor, Newcastle-Upon-Tyne Application Ref: 11/02337/Ful Sandra Manson Our Ref: APP/W4515/A/12/2175554 Signet Planning Ltd Unit 26 Apex Business Village Annitsford Cramlington 3 September 2013 Northumberland NE23 7BF Dear Madam, TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 78 APPEAL BY BELLWAY HOMES (NORTH EAST) LTD LAND AT WHITEHOUSE FARM, WEST MOOR, NEWCASTLE-UPON-TYNE APPLICATION REF: 11/02337/FUL 1. I am directed by the Secretary of State to refer to his letter of 8 May 2013 and to the report enclosed with that letter of the Inspector, PJ Asquith MA(HONS) MA MRTPI, who held a public local inquiry between 16 and 23 October 2012 into your clients’ appeal against the refusal of North Tyneside Council (“the Council”) to grant a hybrid planning application comprising a full application for an executive scheme of 366 dwellings incorporating landscaping, wildlife corridors, open space, access and highways, and an outline application for up to 465 square metres of ancillary commercial development (Use Classes A1/A2/A3/A4) in accordance with application ref: 11/02337/FUL, dated 20 April 2012. 2. A copy of the Secretary of State's letter of 8 May 2013 is enclosed and forms part of the decision in this case. Procedural matters 3. As indicated at paragraph 6 of the Secretary of State’s letter of 8 May 2013, the application for costs made by your clients at the Inquiry (IR1) is the subject of a decision letter being issued separately today by the Secretary of State. Inspector’s recommendation and summary of the decision 4. The Inspector recommended that the appeal be allowed and planning permission be granted subject to conditions. For the reasons set out in his letter of 8 May 2013, the Secretary of State indicated that he was minded to agree with the Inspector's recommendations, subject to the parties having an opportunity to agree a legally robust condition to insert in place of that recommended by the Inspector as Condition 1 at Annex B to the IR and to comment on the other two conditions proposed by the Inspector in the same Annex. Department for Communities and Local Government Tel 0303 444 1626 Zone 1/J1 Email [email protected] Eland House Bressenden Place London SW1E 5DU Matters arising since the Secretary of State's letter of 8 May 2013 5. Following his letter of 8 May 2013, the Secretary of State received a letter dated 19 June 2013 from you, on behalf of your clients; an email of the same date from North Tyneside Council; and a letter dated 20 June 2013 from the Northumbria University Student Law Office on behalf of the West Moor Residents’ Association (WMRA). Having given careful thought to the points put forward by all the parties, the Secretary of State wrote again on 15 July 2013 inviting further comments on various aspects of these submissions. You responded to the Secretary of State on 2 August 2013 on behalf of your clients, enclosing a letter from Walker Morris LLP of the same date which, in turn, enclosed advice from Leading Counsel incorporating a suggested redraft of the condition which had been put forward by the Inspector. The Northumbria University Student Law Office also responded to the Secretary of State’s letter of 15 July on 2 August 2013, making a number of observations; and the Council responded on 5 August 2013 enclosing advice which they had obtained from different Counsel, including a variation of the condition proposed by Leading Counsel on behalf of your clients. No further representations were received. Copies of all this correspondence may be obtained on written request from the address at the bottom of the first page of this letter. 6. The Secretary of State has had regard to the fact that on 28 August 2013 Government opened a new national planning practice guidance web-based resource. However, given that the guidance is currently in test mode and for public comment, he has attributed it limited weight. Consideration of responses 7. Having carefully considered the responses detailed above, the Secretary of State has come to the conclusion that, with regard to the provision of a mechanism to achieve the intention behind condition 1 as proposed by the Inspector at Annex B to the IR, the imposition of a condition as proposed by the Council would provide the safeguards which he was seeking in his letter of 8 May. Although you indicated that your clients would be willing to enter into a section 106 Agreement with the Council, and WMRA have indicated that that would have been their preferred option, the Secretary of State is satisfied that his objective can be achieved through the enforcement of such a condition. Nevertheless, he agrees with the Council and WMRA that the management and monitoring should be in perpetuity as the impacts are in perpetuity. 8. No parties raised any issues with regard to conditions 2 and 3 proposed by the Inspector at Annex B to the IR, and the Secretary of State agrees that these should be included in the conditions which he intends to impose (see paragraphs 9 and 10 below). Overall Conclusions 9. For the reasons set out above and in his letter of 8 May 2013, the Secretary of State is satisfied that he can proceed to issue a final decision on the planning appeal before him. He concludes that condition 1 of the conditions set out at Annex B to the IR should be replaced by the terms of the condition proposed on behalf of the Council on 5 August 2013 and that conditions 2 and 3 should stand as set out in that annex. These are now included as Conditions 88-90 at Annex A to this letter. The Secretary of State's conclusions on other matters are set out at paragraph 26 of his letter of 8 May 2013. Overall, he agrees with the Inspector's conclusion to allow the appeal and grant planning permission. Formal decision 10. Accordingly, for the reasons given above, including in his letter of 8 May 2013, the Secretary of State agrees with the Inspector’s recommendation. He hereby allows your clients’ appeal and grants planning permission for an executive scheme of 366 dwellings incorporating landscaping, wildlife corridors, open space, access and highways, and an outline application for up to 465 square metres of ancillary commercial development (Use Classes A1/A2/A3/A4) in accordance with application ref: 11/02337/FUL, dated 20 April 2012, subject to the conditions set out at Annex A to this letter – which supersede those annexed to his letter of 8 May 2013. 11. An applicant for any consent, agreement or approval required by a condition of this permission for agreement of reserved matters has a statutory right of appeal to the Secretary of State if consent, agreement or approval is refused or granted conditionally or if the Local Planning Authority fail to give notice of their decision within the prescribed period. 12. This letter does not convey any approval or consent which may be required under any enactment, bye-law, order or regulation other than section 57 of the Town and Country Planning Act 1990. 13. This letter serves as the Secretary of State's statement under regulation 21(2) of the Town and Country (Environmental Impact Assessment) (England and Wales) Regulations 1999. Right to challenge the decision 14. A separate note is attached setting out the circumstances in which the validity of the Secretary of State’s decision may be challenged by making an application to the High Court within six weeks from the date of this letter. 15. A copy of this letter has been sent to North Tyneside Council, the West Moor Residents’ Association, Natural England and Newcastle City Council. A notification letter/email has been sent to all other parties who asked to be informed of the decision. 16. This letter serves as the Secretary of State’s statement under Regulation 21(2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Yours faithfully Jean Nowak Authorised by Secretary of State to sign in that behalf ANNEX A Conditions 1. The development to which the permission relates shall be carried out in complete accordance with the approved plans and specifications as set out below: Environmental Statement Volume 1 – November 2011; Environmental Statement Volume 2 – November 2011; Environmental Statement Non-Technical Summary – November 2011; North Tyneside Council full planning application forms; North Tyneside Council outline planning application forms; Newcastle City Council full planning application forms; Newcastle City Council outline planning application forms; Letter correspondence to North Tyneside Council – dated 25th November 2011; Letter correspondence to Newcastle City Council – dated 25th November 2011; Letter correspondence to North Tyneside Council – dated 20th February 2012 (including attachments); Letter correspondence to North Tyneside Council – dated 5th March 2012 (including attachments); National Planning Policy Framework Compliance Statement; Planning Appeal Form and Grounds of Appeal; Planning Statement; Sustainability Statement; Statement of Community Involvement; Open Space Assessment; Affordable Housing Statement; Briefing Note relating to economic, social and environmental benefits of development at Whitehouse Farm; Design and Access Statement; Archaeological Desk Based Assessment; Archaeological Evaluation Report; Archaeological Geophysical Survey Report; Foul Network and Utilities Assessments; Flood Risk Assessment; Arboricultural Implications Assessment, Arboricultural Method Statement and Tree Protection Plan; Pre-Development Arboricultural Survey and Tree Constraints Plan; Transport Assessment; Transport Assessment Addendum; Travel Plan and Addendum
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