DOCSLIB.ORG

28 August 2008 Mr Matthew Chard Barton Willmore Director Of

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
28 August 2008 Mr Matthew Chard Barton Willmore Director Of 28 August 2008 Mr Matthew Chard Our Ref: APP/V0510/A/06/2014221; Barton Willmore APP/W0530/A/06/2014216; Director of landscape planning and design APP/Q0505/X/07/2045815 7 Soho Square LONDON W1D 3QB TOWN AND COUNTRY PLANNING ACT – SECTIONS 78 AND 195 APPEALS BY STANNIFER DEVELOPMENTS LIMITED PROPOSED MEREHAM SETTLEMENT AND ASSOCIATED HIGHWAY IMPROVEMENTS TO THE A10 AND THE JANE COSTON BRIDGE APPLICATION REFS: 05/01116/OUM; S/1926/05/F; AND 06/1291/CL2PD 1. I am directed by the Secretary of State for Communities and Local Government (“the Secretary of State”) to say that consideration has been given to the report by Richard Ogier BA MRTPI who, assisted by William Wadrup BEng(Hons) CEng MICE FIHT, held a public inquiry between 9 October 2007 and 6 March 2008 into your client’s appeals: (a) under Section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”) against the decision by East Cambridgeshire District Council (ECDC) to refuse planning permission for a new settlement comprising up to around 5,000 homes; up to around 8,000m² retail and related uses (including a foodstore of around 2,500m², comparison retail of around 4,000m² and A2/A3/A4/A5 of around 1,500m²); up to around 45,000m² employment uses (B1, B2 and B8); supporting leisure, community and education uses; and infrastructure including highway works to the A10 (“Mereham”) – Application Ref 05/01116/OUM (Appeal A); (b) under Section 78 of the 1990 Act against the refusal by South Cambridgeshire District Council (SCDC) to refuse planning permission for highway improvements to the A10 between the A14 Milton Junction and River Great Ouse in the parishes of Milton, Landbeach and Waterbeach – Application Ref: S/1926/05/F (Appeal B); and (c) under Section 195 of the 1990 Act against the failure of Cambridge City Council (CCC) to give notice within the prescribed period on an application for a certificate of lawful use or development (LDC) for the replacement of the existing Jane Coston Cycle/Footbridge over the Department for Communities and Local Government 1/H1 Eland House Bressenden Place London SW1E 5DU A14, south of its junction with the A10 at Milton, with a new bridge for buses, pedestrians and cyclists – Application ref: 06/1291/CL2PD (Appeal C). 2. On 10 May 2006, Appeals A and B were recovered for the Secretary of State's determination, in pursuance of Section 79 of, and paragraph 3 to Schedule 6 to, the Town and Country Planning Act 1990. The reason for the recovery was that the appeal raises issues relating to residential development of 150 or more dwellings or on more than 5 hectares of land 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. On 3 July 2007, Appeal C was recovered for the Secretary of State’s determination, in pursuance of Section 79 of, and paragraph 3 to Schedule 6 to, the Town and Country Planning Act 1990. The reason for the recovery of Appeal C was that the appeal would be most efficiently and effectively decided together with two recovered planning appeals over which Inspectors have no jurisdiction. Appeal C was therefore linked to Appeals A and B. Inspector’s recommendation and summary of the decision 3. The Inspector recommended that all three appeals are dismissed, that planning permission for Appeals A and B is refused and that a lawful development certificate is not issued for Appeal C. For the reasons set out below, the Secretary of State agrees with the Inspector’s conclusions, except where stated, and agrees with his recommendations. A copy of the Inspector’s report (IR) is enclosed. All references to paragraph numbers, unless otherwise stated, are to that report. Matters arising after the close of the Inquiry 4. Following the close of the Inquiry, the Secretary of State has received correspondence from a number of parties, including a request made under the Environmental Information Regulations 2004 for the early release of the Inspector’s report. A schedule of this correspondence is at Annex A. The Secretary of State does not consider that the correspondence raises any new issues which would either affect her decision, or require her to refer back to parties, prior to reaching her decision. Nevertheless, the correspondence can be made available upon request to this office. 5. On 22 July 2008 the Secretary of State received a letter from SJ Berwin LLP on behalf of the appellant enclosing a signed and dated Unilateral Undertaking pursuant to Section 106 of the Town and Country Planning Act 1990. The Secretary of State is satisfied that since the final Undertaking is not different in any material way from that presented to the Inquiry and no substantive changes have been made to the schedules which contain the actual planning obligations, the final Undertaking does not raise any new issues which would either affect her decision, or require her to refer back to the parties, prior to reaching her decision. Her consideration of the submitted Undertaking is at paragraphs 54-57 below. Procedural matters 6. At the inquiry an application for costs was made by East Cambridgeshire District Council (ECDC), South Cambridgeshire District Council (SCDC) and Cambridgeshire County Council (CCC) against Stannifer Developments Limited. There is also an application for costs by County Councillor W Hunt on behalf of the Say No to Mereham Campaign Group against Stannifer Developments Ltd (IR2). These applications are the subject of a separate decision letter. 7. The Secretary of State agrees with the Inspector that the Supplementary Environmental Information submitted on 3 August 2007 is admissible (IR4). She also considers that, for the reasons in IR5, it is reasonable for the Secretary of State to consider the proposed mitigation measures for the A10 proposals set out in document SCG/6/2. She does not consider that any party is prejudiced by this course of action. 8. The Secretary of State notes that the appellant and Cambridge City Council agreed that Appeal C should be considered on the basis of written submissions by both parties (IR6). The Secretary of State has therefore determined Appeal C on the basis of the pre-inquiry statements submitted by the appellant and CCC and the Statement of Common Ground (SCG1), together with the Inspector’s report. Environmental Statement 9. In reaching her decision, the Secretary of State has taken into account the Environmental Statement (documents CD2 and CD3), and the accompanying Supplementary Environmental Information (IR3), which were submitted under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The Secretary of State is content that the Environmental Statement, together with its Supplementary Environmental Information, and all the environmental information supplied, comply with the above regulations, and that they are sufficient to ensure that the environmental effects of the development can be rigorously assessed. Policy considerations 10. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the development plan comprises: (a) for Appeal A: the Regional Spatial Strategy for the East of England, published in May 2008 and which replaces Regional Planning Guidance for East Anglia to 2016 (RPG6); the saved policies of the Cambridgeshire and Peterborough Structure Plan 2003 (CPSP); the saved policies of the East Cambridgeshire District Local Plan (ECDLP), adopted in June 2000; the saved policies of the Cambridgeshire and Peterborough Waste Local Plan, adopted in October 2003; and the saved policies of the Cambridgeshire Aggregates (Minerals) Local Plan 1991; and (b) for Appeal B: the Regional Spatial Strategy for the East of England, published in May 2008 and which replaces Regional Planning Guidance for East Anglia to 2016 (RPG6); the saved policies of the Cambridgeshire and Peterborough Structure Plan 2003 (CPSP); the South Cambridgeshire Core Strategy Development Plan Document, published in January 2007; and the South Cambridgeshire Development Control Policies DPD, published in July 2007. 11. The Secretary of State observes that the majority of policies of relevance to these appeals in the development plan have been saved under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 (IR9). She considers that the development plan policies most relevant to the appeals are those set out by the Inspector at Appendix 1 to his report (IR556), with the exception of the RPG6 policies. 12. Since the close of the Inquiry, the Regional Spatial Strategy for the East of England (the East of England Plan) was published. As mentioned in paragraph 10 above, this replaces RPG6. The Secretary of State does not consider that the new Regional Spatial Strategy raises any matters requiring wider reference back to the parties, either under Rule 17 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000, or in the interest of natural justice, prior to making her decisions. She considers that the East of England Plan policies most relevant to determining these appeals are SS1-SS4, E1-E4, H1 and H2, T1 and CSR1,2 and 4. 13. Material considerations taken into account by the Secretary of State include: Planning Policy Statement 1 (PPS1): Creating Sustainable Communities and its supplement Planning and Climate Change; Planning Policy
Load more

Recommended publications
  • Agenda Item No. 14 Title: North Ely Draft Supplementary Planning Document
    AGENDA ITEM NO. 14 TITLE: NORTH ELY DRAFT SUPPLEMENTARY PLANNING DOCUMENT Committee: Development & Transport Committee Date: 14th January 2014 Author: Shirley Blake, Principal Sustainable Development Officer [N190] 1.0 ISSUE 1.1 To consider the responses to the public consultation on the draft North Ely Supplementary Planning Document and approve amendments to the document. 2.0 RECOMMENDATION 2.1 Members are recommended to: i) approve the proposed amendments to the Draft North Ely Supplementary Planning Document as set out in Appendix 2, and ii) approve the Draft North Ely Supplementary Planning Document for use as a material consideration in the assessment of appropriate planning applications. 3.0 BACKGROUND 3.1 The submission draft of the East Cambridgeshire Local Plan proposes an allocation for an urban extension of approximately 3,000 houses to the North of Ely. This is a part of its wider long term vision for the future development of the City over the next 20 years. 3.2 The draft North Ely Supplementary Planning Document (SPD) has been developed by the District Council to provide further supporting detail to help guide the development of the urban extension. It builds on the ideas set out in the North Ely Development Framework 2011, and the developers Joint Strategic Masterplan July 2013, prepared following a series of workshops with the developers, District Council officers and key stakeholders such as the County Council and Environment Agency. 3.3 The aim of the SPD is to provide a clear policy guidance to ensure that a quality development is delivered in North Ely, together with the best possible outcomes for the local community.
    [Show full text]
  • Out of Reach
    Out of Reach Welcome to the ancient kingdom of Reach, Cambridgeshire, England BEFORE The ancient Township of REACH, or RECHE, has been inhabited for 2,000 years. Local legend says that it was once a city boasting seven churches! Situated at the termination of the great earthwork known as the Devil's Dyke, with Reach Lode giving direct access to the sea, it survived the Conquest as an inland port. It was the centre of considerable trade in mediaeval times, being granted a charter to hold AFTER an annual fair at Rogationtide by King John. Later, as the activity on its hythes decreased and its maritime importance declined, Reach, with its great fair dwin- dling to the proportions of a village `feast' and its many inns closing one by one, gradually lapsed into a purely agricultural community. Reche the port has gone, only Reach the hamlet remains. Reach Community Magazine Dec07/Jan08 Printed by The College Printers, City of Ely Community College Church Services Information Services at Burwell and Reach Parish Council Chairman Michael Aves 742800 Parish Clerk Claire Denniss 604405 Village Hall Committee Ross Clark St Etheldreda & the Village Hall Bookings Joyce Harrison, 742405 St Mary’s Burwell Jan 08 Holy Trinity Reach County Councillor Hazel Williams District Councillor Allen Alderson 01638 741744 Neighbourhood Watch Joyce Harrison 742405 6th 8.00am Holy Communion Vicar Revd Canon Stephen Earl 741262 Hon.Assistant Priest Revd David Bush 741839 Epiphany ( said) Asst.Curate Revd Gill Smith 743589 Licensed Lay Minister John Hooper 742026 9.30am Family Service Priest in Retirement (Reach) Revd David King 742924 th 8.00am Holy Communion (said) 13 9.30am Parish Communion Editor Grahame Radford.
    [Show full text]
  • AGENDA ITEM NO 4 MEETING of the ELY MASTERPLAN/GROWTH DELIVERY WORKING PARTY Notes of a Meeting Held In
    AGENDA ITEM NO 4 MEETING OF THE ELY MASTERPLAN/GROWTH DELIVERY WORKING PARTY EAST CAMBRIDGESHIRE Notes of a meeting held in the Council Chamber, DISTRICT COUNCIL The Grange, Nutholt Lane, Ely on Thursday 15 June 2009 at 7.30pm PRESENT Councillor Peter Moakes (Chairman) Councillor Brian Ashton, Co-opted Member, City of Ely Council Councillor Sheila Friend-Smith Councillor Bill Hunt – Co-opted Member, Cambridgeshire County Council Councillor Mike Rouse OFFICERS Shirley Blake – Principal Sustainable Development Officer Ann Caffall – Infrastructure and Project Officer Giles Hughes – Head of Planning and Sustainable Development Melanie Stimpson – Democratic Services Officer ALSO IN ATTENDANCE Councillor Ian Allen Councillor Anna Bailey (entered the meeting at minute no. 8, during the presentation by ATKINS) Councillor Tony Cornell Councillor Tony Goodge Councillor Tony Parramint Councillor Jackie Petts Councillor Gareth Wilson Michael Addyman, ATKINS Caroline Cannon, ATKINS James Lindsay, ATKINS Jeremy Smith, Transport Strategy Manager, Cambridgeshire County Council 9 members of the public attended the meeting. 1. ELECTION OF CHAIRMAN Councillor Peter Moakes was proposed and duly seconded. There being no other nominations Agenda Item 4 – page 1 Ely Masterplan/Notes - 15 June 2009.doc It was resolved: That Councillor Peter Moakes be elected as Chairman of the Ely Masterplan/Growth Delivery Working Party for the ensuing Municipal year. 2. PUBLIC QUESTION TIME One question was submitted by Mrs Gillian Tuberfield, as follows: ‘When and where was this meeting, with its invitation to the public to attend notified and publicised? I was only notified of the meeting by a telephone call from Shirley Blake’s assistant at 5.15pm on Friday 12 June 2009 (I had written to Shirley Blake on 24 March, 2 June and 10 June and have missed another meeting to be present this evening).
    [Show full text]
  • Inquiry Starts at the Arkenstall Centre in Haddenham on 9Th October
    Issue 2 Merehamnewsletter Inquiry starts at the Arkenstall Centre in Haddenham on 9th October The fight against Mereham continues The last three weeks have seen intensive work in the continued fight against the Mereham development. A team of planning officers and legal experts have been putting together the case against the development to concentrate on the areas which they believe will defeat the appeal. East Cambridgeshire District Council is going to focus on four main areas. 1) Mereham is simply not Looking towards Haddenham from the River Great Ouse necessary. The District is on target to reach its’ allocation 2) Mereham would bring an simply result in local roads of new homes as part of estimated 12,000 people to being clogged with additional the Local Development the district and an additional traffic with no outlet onto major Framework, the forward plan 14,500 vehicles to our roads. routes or a dedicated transport for East Cambridgeshire. Over The Developer has failed system such as the train or 8,600 homes are already to show that the proposed guided bus. planned for the district by infrastructure improvements 2021 which meets growth rate are realistic and adequate 3) The location of Mereham requirements set by Central to cope with the increased is entirely unsuitable for a Government. The 5,000 numbers of people and traffic development on the A10 new homes at Mereham are generated as a result of the corridor. The aim of new large therefore not needed. development. Their plans will scale developments should East Cambridgeshire District Council 2 be that they are close to as it is also known, is the These main arguments the centres of employment document that all authorities in together with more detailed areas, have good transport the region must work towards points will form the basis of links and are sustainable.
    [Show full text]
  • Eastern Region Bedfordshire
    Archaeological Investigations Project 2007 Evaluations Version 4.1 Eastern Region Bedfordshire Bedford (C.09.882) TL04534914 AIP database ID: {B4354DB3-9A21-49F5-A2AB-013FC42FCB5A} Parish: Cauldwell Ward Postal Code: MK41 0QY LAND AT THE FORMER BRITANNIA IRONWORKS, KEMPSTON ROAD Land at the Former Britannia Ironworks, Kempston Road, Bedford. Archaeological Field Evaluation Smith, M Bedford : Albion Archaeology, 2007, 32pp, colour pls, figs, tabs, refs Work undertaken by: Albion Archaeology An archaeological evaluation revealed part of a medieval building, a small quantity of pre- modern human remains and modern structural remains associated with the Brittania Ironworks. The medieval remains were suggested to be part of the medieval monastic complex of Cauldwell Priory. [Au(abr)] Archaeological periods represented: MD, MIA, IA OASIS ID :albionar1-32244 (C.09.883) TL1031748476 AIP database ID: {505F3D11-EEA7-4CA4-A4CD-5A8934272E26} Parish: Cople Postal Code: MK44 3UJ ALL SAINTS CHURCH, COPLE All Saints Church, Cople, Bedfordshire. Archaeological Investigation, Recording, Analysis and Publication Ingham, D Bedford : Albion Archaeology, 2007, 20pp, colour pls, figs, tabs, refs Work undertaken by: Albion Archaeology Excavation of trenches revealed the remains of a medieval cemetery and a large medieval pit immediately to the north of the church. The graves were all aligned east-west. The ground level in the churchyard had been raised by up to 0.85m. For this reason, an undisturbed natural grave was only discovered in the footing trenches, and
    [Show full text]
  • PRESS RELEASE Haddenham ‘Say No to Mereham’ Group Update
    PRESS RELEASE Haddenham `Say No to Mereham' Group Update Date: 10th September 2007 03 Since its establishment the Haddenham `Say No to Mereham' Group has been active in supporting opposition to the planned development of 5,500 houses (long term plan up to 7,500 houses) at the Mereham site between Wilburton and Stretham on the A10. The following actions are being taken and we would like to encourage as many people as possible to support us. The Developers, Australian company Multiplex Stannifer, have huge resources available to them to fight for planning to be granted - all we have are our voices and (very limited) time, plus whatever donations we can obtain from the local community. Petition: 34th Haddenham Steam Rally (8th-9th September) A great effort was made by members of the `Say No to Mereham' Group this weekend at the Haddenham Steam Rally. Demonstrating the cross-party nature of this campaign, County Councillor William Hunt (Conservative) and District Councillor Gareth Wilson (Liberal Democrat) worked together with other volunteers to tell visitors to the Steam Rally about the threat of the Mereham development. Locals and people from further afield queued to sign the petition and over 1,000 signatures were collected. A similar exercise is planned on Ely Market 22nd and 29th September and we need volunteers to man the stand and attract the attention of passers-by. Paper copies of the `Say No to Mereham' petition have been circulated to shops and other businesses in Haddenham, Wilburton, Witchford and other surrounding villages. The petition has now been set up on the `10 Downing Street' website.
    [Show full text]