Our ref: APP/W4705/V/18/3208020 Christopher Darley Your ref: - Lichfields, 3rd Floor, 15 St Paul's Street, Leeds LS1 2JG 3rd March 2021 By email only [email protected] Dear Sir TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 77 APPLICATION MADE BY CEG LAND PROMOTIONS LTD LAND TO THE WEST OF BURLEY-IN-WHARFDALE AT SUN LANE AND ILKLEY ROAD APPLICATION REF: 16/07870/MAO 1. I am directed by the Secretary of State to say that consideration has been given to the report of David Wildsmith BSc (Hons) Msc CEng MICE FCIHT MRTPI, who held a public local inquiry between 14 and 23 May 2019 into your client’s application for planning permission for demolition of the existing building, and outline planning permission (all matters reserved other than points of vehicular access into the site) for residential development (Use Class C3); education facility (Use Class D1); public spaces; landscaping; car/cycle parking; access routes within the site; drainage and other associated works, in accordance with application ref: 16/07870/MAO, dated 27 September 2016. 2. On 25 July 2018, the Secretary of State directed, in pursuance of Section 77 of the Town and Country Planning Act 1990, that your client’s application be referred to him instead of being dealt with by the local planning authority. 3. The Secretary of State initially issued his decision in respect of the above application by way of his letter dated 5 November 2019. That decision was challenged by way of an application to the High Court and was subsequently quashed by order of the Court dated 7 August 2020. The application has therefore been redetermined by the Secretary of State. In redetermining the appeal, the Secretary of State has taken into account all of the evidence submitted prior to his earlier determination of the appeal, including the Inspector’s report, and all other material representations received following the close of the Inquiry. Ministry of Housing, Communities & Local Government Tel: 0303 444 3594 Andrew Lynch, Decision Officer Email: [email protected] Planning Casework Unit 3rd Floor Fry Building 2 Marsham Street London SW1P 4DF Inspector’s recommendation and summary of the decision 4. The Inspector recommended that the application be approved, and planning permission granted, subject to conditions. 5. For the reasons given below, the Secretary of State agrees with the Inspector’s conclusions, and agrees with his recommendation. He has decided to approve the application and grant planning permission, subject to conditions. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Environmental Statement 6. In reaching this position, the Secretary of State has taken into account the Environmental Statement which was submitted under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and the environmental information submitted before the inquiry opened. Having taken account of the Inspector’s comments at IR8, the Secretary of State is satisfied that the Environmental Statement and other additional information provided complies with the above Regulations and that sufficient information has been provided for him to assess the environmental impact of the proposal. He addresses the issue of the Habits Regulation Assessment at paragraph 30 of this decision letter. Procedural matters 7. The City of Bradford is in the process of revising their Core Strategy and consulted on the Core Strategy Partial Review from 30 July 2019 to 24 September 2019. The Secretary of State notes that that on Monday 8th February 2021, The City of Bradford Metropolitan District Council published its Regulation 18 draft Local Plan (Preferred Options) for public consultation. However, due to the early stage of this process, the Secretary of State does not consider that this consultation document raises any matters that would require him to refer back to the parties for further representations prior to reaching his decision on this appeal, and he is satisfied that no interests have thereby been prejudiced. Matters arising since the close of the inquiry 8. Following the quashing of his decision letter on 7th August 2020, the Secretary of State on 12th August 2020 issued a letter under Rule 19 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 to all interested parties setting out a written statement of the matters with respect to which further representations were invited for the purposes of his re-determination of the application. These matters were on any material change in circumstances, fact or policy, that may have arisen since his decision of 5 November 2019 was issued and which the parties consider to be material to the Secretary of State’s further consideration of this appeal. 9. Alternatively, interested parties could ask for the inquiry to be reopened. On 5th October 2020 the Secretary of State circulated the responses he had received to his letter of 12th August 2020. On 28th October 2020, he circulated the further representations he had received and on 3rd December he informed the parties that he was of the view that there were no substantive issues that required the inquiry to be re-opened. A list of representations which have been received since the inquiry is at Annex A. Copies of these letters may be obtained on request to the email address at the foot of the first page of this letter. 2 10. On 19 January 2021, the Housing Delivery Test: 2020 measurement was published. The measurement for Bradford DC was changed from 94% (action plan) to 90% (action plan). 11. The Secretary of State is satisfied that the above issues do not affect his decision, and no other new issues were raised in correspondence to warrant further investigation or necessitate additional referrals back to parties. Policy and statutory considerations 12. In reaching his decision, the Secretary of State has had regard to section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. 13. In this case the development plan consists of the Bradford Local Plan Core Strategy (LPCS), adopted July 2017, saved policies of the Bradford Replacement Unitary Development Plan (RUDP), adopted October 2005, and the Burley-in-Wharfdale Neighbourhood Plan (NP), Made May 2018. The Secretary of State considers that relevant development plan policies include those set out at IR27-36. 14. Other material considerations which the Secretary of State has taken into account include the National Planning Policy Framework (‘the Framework’) and associated planning guidance (‘the Guidance’), as well as the Supplementary Planning Documents (SPDs) set out at IR37. Emerging plan 15. The emerging plan comprises the Core Strategy Partial Review, which was consulted on from July to September 2019. The City of Bradford Metropolitan District Council published its Regulation 18 draft Local Plan (Preferred Options), Interactive Map and Supporting Documents for public consultation on 8th February 2021, with a closing date for comments of 24th March 2021. 16. Paragraph 48 of the Framework states that decision makers may give weight to relevant policies in emerging plans according to: (1) the stage of preparation of the emerging plan; (2) the extent to which there are unresolved objections to relevant policies in the emerging plan; and (3) the degree of consistency of relevant policies to the policies in the Framework. Due to the early stage of the emerging plan, the Secretary of State considers it carries limited weight. Main issues 17. The Secretary of State considers the main issues in this application to be those set out at IR493. Green Belt 18. The Secretary of State agrees that the proposal would represent inappropriate development in the Green Belt and notes that there is common ground between parties (IR495) regarding this. He also concludes that the proposal would inevitably lead to encroachment into the countryside, contrary to Green Belt purposes, but that any impacts could be mitigated through careful landscaping. He also agrees with the Inspector’s analysis of relevant policies as set out in IR497-515. The Secretary of State notes that in the Draft Bradford District Local Plan currently out for consultation, Burley- 3 in-Wharfedale’s requirement to accommodate homes has reduced from 700 to 625, and that there is a preferred allocation for this site with an indicative number of 500 dwellings. 19. Given his finding that the emerging plan should carry only limited weight, he agrees with the Inspector in IR514 that the application should be assessed against the established and adopted LPCS position that: (a) Burley-in-Wharfedale has a confirmed status as a Local Growth Centre, under Policy SC4, and is required to accommodate 700 new homes, as set down in Policies HO3 and WD1, as well as now reflected in the recently made NP; (b) “exceptional circumstances” have been demonstrated to justify using Green Belt land to provide the required level of housing; and (c) Policies HO3 and WD1 specifically confirm that provision of the 700 homes for Burley will require a "significant contribution" from Green Belt land, with these policies being promoted, examined, and adopted on the specific basis of the availability of the application site to provide the required land for the delivery of 500 new dwellings. 20. Like the Inspector at IR515, the Secretary of State notes that it is common ground between the applicant and the Council that the development could be accommodated within this part of the Green Belt whilst maintaining the integrity of the wider Green Belt and the purposes and functions of the Green Belt lying between Burley-in-Wharfedale and Ilkley. He therefore agrees with the Inspector at IR515 that this underpins the conclusion reached in the LPCS that exceptional circumstances exist for using the Green Belt at Burley-in-Wharfedale to accommodate growth, and the significant contribution that is necessary from Green Belt land which must involve this site.