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Brinsford Lodge (Site Ref: 168) Additional Information by Berrywood Estates Ltd

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Brinsford Lodge (Site Ref: 168) Additional Information by Berrywood Estates Ltd Brinsford Lodge (Site Ref: 168) Additional Information by Berrywood Estates Ltd SAD Ref: 168 Brinsford Lodge, Featherstone: Additional information provided by Berrywood Estates Firstplan Ref: 0560/MW/cj Date: 20th November 2017 Contents Section 1 Additional Information ...................................................................................................... 4 Documents Document 1 Secretary of State’s Decision (including Inspector’s Report) for Planning Appeal at Cat and Kittens Lane, Featherstone Document 2 Appeal Site Plan Document 3 South Staffordshire Council’s Summary Proof Document 4 Photographs of Brinsford Lodge Brinsford Lodge (Site Ref: 168) | Firstplan 3 Section 1 Additional Information 1.1 This additional information has been provided by Firstplan on behalf of Berrywood Estates Ltd, in response to a request made by the Inspector (Mr Stephen J Pratt) via the Programme Officer by email dated 10 November 2017, regarding the examination of South Staffordshire Council’s Site Allocations Document (“SAD”). 1.2 The request for further information relates to a planning appeal by Taylor Woodrow Developments Ltd and BAE Systems at Cat and Kittens Lane, Featherstone (Application refs: 05/00677/OUT, 06/00048/OUT and 07/00244/out). The appeal was determined by the Secretary of State on 16th June 2008. 1.3 The appeal decision was previously referenced within our Hearing Statement (dated 2nd November st 2017) and the legal Opinion (dated 31 March 2015) written by Leading Counsel (Martin Kingston QC). The 2008 appeal decision has been brought to the Inspector’s attention because Brinsford Lodge was as the time defined as Previously Developed Land (“PDL”) in the decision. 1.4 At the request of the Inspector, this document therefore provides the following: • Decision by Secretary of State for Communities and Local Government (including Report to the Secretary of State) • Development Area Plan which formed part of the appeal documentation • South Staffordshire Council’s Summary Proof • Recent Photographs of Brinsford Lodge a) Report to the Secretary of State for Communities & Local Government (8th November 2007) 1.5 The Inspector reporting to the Secretary of State (by S J Emerson BSc DipTP MRTPI) provided a report (dated 8th November 2007) which is attached at Document 1. Document 1 1.6 Attention is drawn to Paragraphs 2.4, 5.1 and 13.36, and the Table at page 19 of the report, as follows: 4 | Firstplan Brinsford Lodge (Site Ref: 168) Paragraph Relevant Excerpt No. 2.4 “The site of the former Brinsford Lodge adjoins Featherstone to the east of the former ROF. The facility provided accommodation for workers at the ROF, but the main structures have now been demolished and the site is largely cleared. However, the site retains extensive hard surfaced areas from the former roads/paths and foundations and there are a few low, above-ground structures.” 5.1 “There are a number of important procedural, policy and background facts agreed between the appellants and the SSDC and some matters also agreed between the appellants and Wolverhampton City Council (WCC) and Persimmon Homes (PH). Most of these are covered by the various Statements of Common Ground (SCG 1-7), but not all such matters. Whilst the 3 main SCGs (SCG1-3) were finally agreed during the Inquiry, much of their content was drafted well before the Inquiry and does not reflect all the matters on which agreement was accepted at the Inquiry.” 5.4 “In applying relevant development plan policies and national advice it is useful to summarise the extent of the Green Belt and of previously development land (PDL) making up the appeal sites. Various areas agreed between the appellants and SSDC are set out in a table in the SCG61 which is reproduced below. The extent of the areas for each of the applications is shown on plans TW16A, B and C which are also agreed. No party at the Inquiry disputed these figures.” 5.5 “… one third is Green Belt which is also PDL (30.2 ha) …” Table Page 19 (as referenced at 5.4) 13.36 “There would also be a substantial loss of openness in both TW2 and TW3 from the housing proposed at Brinsford Lodge. Although this is PDL with extensive hard surfaced areas, most of the site is open with only a few small upstanding structures.” Table 1. Excerpts from Report to the Secretary of State 1.7 It is notable that the Inspector’s Report to the Secretary of State (at Paragraph 5.4) sets out that the extent of the PDL was agreed between the Appellants and South Staffordshire District Council (SSDC) within a Statement of Common Ground (SCG). Brinsford Lodge (Site Ref: 168) | Firstplan 5 1.8 A copy of a corresponding Development Area Plan setting out those areas agreed to be PDL is attached at Document 2. It is clear that Brinsford Lodge (Site 168) (marked in brown) is identified as Brownfield Land (PDL). An extract of the plan is provided below. Document 2 Figure 1. Extract of Appeal Plan 1.9 In the context of Paragraph 5.4 and the above plan, it is relevant to note that RPS, on behalf of Persimmon Homes, were a signatory to the SCG and a contributor to the Inquiry. With regard to the areas identified to comprise PDL, the Report to the Secretary of State sets out at Paragraph 5.4 that: “no party at the Inquiry disputed these figures”. b) Decision by Secretary of State (16th June 2008) 1.10 In addition to the above, Secretary of State’s decision letter confirms the following: Paragraph Relevant Excerpt No. 3 “The Inspector, whose report is enclosed with this letter, recommended that all three appeals be dismissed and outline planning permission refused for each scheme. For 6 | Firstplan Brinsford Lodge (Site Ref: 168) the reasons given below, the Secretary of State agrees with the Inspector’s conclusions, except where stated, and with his recommendations. All paragraph references, unless otherwise stated, refer to the Inspector’s Report (IR).” Table 2. Excerpts from Secretary of State Decision 1.11 This confirmed that the Secretary of State agreed with the findings set out in the Report, except where stated. The Secretary of State did not contest the PDL status of Brinsford Lodge. c) South Staffordshire Council Summary Proof (7th August 2007) 1.12 South Staffordshire Council’s Summary Proof (by Andrew Keith Johnson) further confirmed at Paragraph 1.3 that the Council at 2007 also considered Brinsford Lodge to comprise PDL. This is attached at Document 3. Paragraph Relevant Excerpt No. 1.3 “… the Council considers that 50.9ha of pdl would be reused as a result of the appeal proposals. This will include 5 hectares of land situated immediately to the west of the village of Featherstone” Table 3. Excerpts from LPA Summary Proof d) Brinsford Lodge Photographs 1.13 To further assist the Inspector with regard to Brinsford Lodge, enclosed at Document 4 are a series of photographs of the site, taken by Berrywood Estates in March 2015. These are the photographs provided to Martin Kingston QC, upon which his legal opinion is based. 1.14 These photographs provide an accurate record the status of the site and provide a mixture of both ground level and aerial photographs of the site. It is, however, expected that the site will now be visited as part of the SAD Examination process. e) Conclusions 1.15 We trust that the above and the enclosed documentation will further assist the Inspector in understanding the status of Brinsford Lodge as PDL. This has been accepted by the Secretary of State as recently as 2008. 1.16 Should the inspector require any further detailed information or clarification on any of the relevant issues raised in this document, we will be pleased to provide it. Brinsford Lodge (Site Ref: 168) | Firstplan 7 Document 1 with an area of 1.2ha including a building up to 1,310m2; first phase bus-based park and ride with an area of 3.1ha including up to 500 parking spaces and a shelter building of 140m2; principal access from the A449 (Stafford Road); secondary accesses from East Road, Oaks Drive and Brookhouse Lane; roads, cycleways and footpaths; sports facilities (4ha) including sports pitches and non- pitch sports; a pavilion of up to 520m2; informal open space and landscape measures with an area of 37 ha; safeguarded land (for possible future prison use) 13.1 ha; and works required for the remediation of the areas within the site where concentrations of identified contaminants exceed adopted thresholds, in accordance with application number 06/00048/OUT dated 13 January 2006. • Appeal C (TW3): against the decision of South Staffordshire Council to refuse outline planning permission for development including: residential development (Class C3): up to 870 dwellings in total on some 18.7 ha including 12 flats within the local centre; employment development: classes B1 - B8 on 9.3 ha; local centre of 1 ha comprising a mix of uses including: foodstore (class A1) up to 1,500m2, GP’s practice (Class D1) up to 750m2, additional retail (Classes A1-A5) up to 200m2, public house (Class A4) up to 700m2, residential (Class C3) 12 flats; primary school (Class D1) within an area of 1.2ha including a building up to 1,600m2; first phase bus-based park and ride with an area of 3.1ha including up to 500 parking spaces and a shelter building of 140m2; principal access from the A449 (Stafford Road); secondary accesses from East Road, Oaks Drive and Brookhouse Lane; roads, cycleways and footpaths; sports facilities (4ha) including sports pitches and non-pitch sports with a pavilion of up to 520m2; informal open space and landscape measures with an area of 38.8 ha; safeguarded land (for possible future prison use) 13.1 ha; and works required for the remediation of the areas of contaminated land in the site, in accordance with application number 07/00244/OUT dated 28 February 2007.
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