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Proof of Evidence Brentwood Borough Council Proof of Evidence Appeal by Redrow Homes in relation to the non-determination of an outline application on the Former Ingatestone Garden Centre Site Roman Road Ingatestone Essex Karen Haizelden BSc MSc MRTPI Planning Inspectorate Reference – APP/H1515/W/20/3256968 LPA Reference – 20/00046/NONDET January 2021 Ingatestone Garden Centre CM4 9AU Brentwood Borough Council Proof of Evidence Contents 1. Qualifications and Experience ........................................................................................ 2 2. Introduction and Scope of Evidence ............................................................................... 2 3. Planning Policy Context ................................................................................................. 4 4. The Council’s Case ........................................................................................................ 8 Inappropriate Development in the Green Belt .................................................................... 8 The Harm to the Openness of the Green Belt .................................................................. 11 Prematurity of Decision Making in advance of the Local Plan Process ............................ 11 Whether there are Very Special Circumstances to outweigh the harm by reason of inappropriateness and any other harm ............................................................................ 15 5. Comments on the Appellants Statement of Case ......................................................... 18 6. Planning Balance ......................................................................................................... 20 7. Conditions .................................................................................................................... 21 1 Brentwood Borough Council Ingatestone Garden Centre CM4 9AU Brentwood Borough Council Proof of Evidence 1. Qualifications and Experience 1.1. My name is Karen Haizelden. I am an independent planning consultant and a member of the Royal Town Planning Institute. I was elected for membership in 1993 and have worked as a Planner since this time in a variety of public and private sector roles. In 2011 I established my own Planning Consultancy – Surrey Planning and Design. 1.2. My main experience is in Development Management where I have worked for numerous Local Planning Authorities on a variety of cases. My role in the private sector has similarly covered many areas of Planning and I have provided planning advice to several property developers and housing associations. I have worked on sites located within Green Belt as well as South Downs National Park and High Weald Area of Outstanding Natural Beauty. 2. Introduction and Scope of Evidence 2.1. This proof of evidence on behalf of Brentwood Borough Council (“the Council”) in response to the appeal against non-determination of an application by Redrow Homes Limited (“the Appellant”) for outline planning permission for residential development (“the proposed development”) at Ingatestone Garden Centre, Roman Road, Ingatesone (“the Appeal site”) submitted to the Council in November 2017. 2.2. The outline planning application (“the application”) was validated on 21st November 2017 and given the Council Reference 17/01815/OUT and was supported by the documents identified in the Statement of Common Ground (SoCG). A comprehensive list of core documents that will be referred to during the course of the appeal is provided as part of the SoCG. 2.3. The appeal site comprises the former Ingatestone Garden Centre site and measures 3.34ha in area. The site is classified as Green Belt land. 2.4. The site is occupied by the now vacant single storey garden centre building, a number of other built structures associated with the garden centre use and large areas of hardstanding which were previously used as car parking and outdoor sales areas. The Council’s Brownfield Land Register – Part 1 identifies that 0.58ha of the application is previously developed land. 2 Brentwood Borough Council Ingatestone Garden Centre CM4 9AU Brentwood Borough Council Proof of Evidence 2.5. There is a residential property broadly in the centre of the appeal site (Roseland) and outside of the red line area of the application site boundary. The land associated with this property is not within the appeal site. 2.6. The site is visible from the access road site entrance but has strong landscape boundaries on all sides. To the north, the site is predominantly bounded by the rear gardens of residential dwellings which front Burnthouse Lane. To the north- west of the site is a plot of land accessed off Roman Road, which falls outside of the application area. To the west, the site is bounded by Roman Road, beyond which lies the A12. Mountnessing Recycling Centre (for household waste), operated by Essex County Council, lies immediately to the south of the application site. To the east, the site is bounded by the Great Eastern Main Line. There is a long view of the site from the south with an urban back drop of Ingatestone. 2.7. This application was submitted in November 2017. Discussions regarding this application ran concurrently with the Local Plan process. At the time of the submission of the application, the Appellants were made aware that, in consequence of its Green Belt location, the principle of housing development would not be supported by reference to the adopted Development Plan. However, given the local housing need in 2017, the understanding between the Appellants and the Council was that, at some future point in time, the site may be considered suitable for housing. At the meetings during the lifetime of the application this was communicated to the Appellants. Discussions continued on detailed matters with the understanding and mutual consent between the Appellants and the Council that the Local Plan process took precedence over the decision-making process in the context of this site. Numerous extensions of time for the Council to make a decision on the application were requested by the Appellants. There were a number of reasons for the requests for extensions of time. These included to allow for the Local Plan process to progress as well as to deal with amendments to the design of the scheme. The last of these agreed extensions ran until 15 May 2020. 2.8. The last email communication with the Appellants prior to the Council receiving the appeal against Non-Determination was sent to the Appellants by the Council on the 30 July 2020. This followed a series of emails in which the Appellant effectively sought to establish whether the Council was prepared to grant permission for the development in advance of the adoption of the Local Plan . In the email of 30 July 2020, the Council explained that that due to the status of the emerging local plan and other outstanding issues, the Council was not in a position to support the application as it was still contrary to current Green Belt policies. The Council confirmed that due to the nature of the application, officers would continue to undertake assessment of the outline application positively and proactively. The Appellant shortly thereafter appealed against non- determination of the application, rather than letting the application proceed to a formal determination by the Council as would otherwise have occurred if no appeal had been made. 2.9. Therefore, the main reason why the application was not determined within the statutory time period was that the Appellant had requested, and the Council had agreed to a number of extensions of time to allow the Local Plan to progress and to address amendments to the scheme proposed by the Appellant. Shortly after 3 Brentwood Borough Council Ingatestone Garden Centre CM4 9AU Brentwood Borough Council Proof of Evidence the last of those agreed extensions in time, at a point in time when it became clear to the Appellant that the application was likely to be refused by the Council, the Appellant decided to appeal against non-determination, rather than allow application to proceed to a formal determination by the Council. Had the Appellant not appealed against non-determination, the Council would have continued to work proactively with the Appellant and, indeed, the Council had expected the Council’s Design Review panel to consider the most recent changes to the proposed scheme at their August 2021 meeting. 2.10. My evidence will focus upon the main areas identified in the Council’s Statement of Case and agreed at the Case Management Conference as being relevant. 2.11. These areas are:- 1. The inappropriateness of the development within the Green Belt 2. The harm to the openness of the Green Belt. 3. The prematurity of this application in advance of the on-going local plan process. 4. Whether there are Very Special Circumstances (VSC) which outweigh the harm caused by reason of inappropriateness and all other harms arising 3. Planning Policy Context 3.1. Brentwood Replacement Local Plan 2005 3.2. The Brentwood Replacement Local Plan 2005 (Saved Policies, 2008) and the Proposals Map form the relevant elements of the adopted Development Plan in relation to this appeal. The relevant specific policies for determination of this application being the policies listed below. Policy CP1 General Development Criteria Policy H6 Small Unit Accommodation Policy H9 Affordable Housing on Larger Sites Policy H14 Housing Density Policy H16 Lifetime Homes Policy T14 Cycling Policy T15 Pedestrian Facilities Policy GB1 Development in the Green Belt Policy GB2 Development
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