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Former Phoenix Works Vale of Aylesbury Local Plan Examination Further Written Statement submitted on behalf of Gallagher Estates Limited (32326) June 2018 Vale of Aylesbury Local Plan Examination Further Written Statement submitted on behalf of Gallagher Estates Limited (32326) Project Ref: 20704/P12/A5 20704/P12a/A5 Status: Draft Final Issue/Rev: - a Date: 16th June 2018 19th June 2018 Prepared by: Michael Knott / Emily Ford Michael Knott / Emily Ford Checked by: Michael Knott Michael Knott Authorised by: Michael Knott Michael Knott The Blade Abbey Square Reading Berkshire. RG1 3BE Tel: 0118 943 0000 Ref: 20704/P12a/A5/MK/dw Fax: 0118 943 0001 Email: [email protected] Date: 19th June 2018 COPYRIGHT The contents of this document must not be copied or reproduced in whole or in part without the written consent of Barton Willmore LLP. All Barton Willmore stationery is produced using recycled or FSC paper and vegetable oil based inks. CONTENTS 1.0 Introduction 1 2.0 Response to Main Matter 16 (Policy NE5) 2 APPENDICES 1 - Suggested Main Modifications to Policy NE5 2 - Landscape and Visual Statement (Barton Willmore; June 2018) 3 - Sustainability Appraisal Review (Barton Willmore, June 2018) Vale of Aylesbury Local Plan Examination Introduction Gallagher Estates (32326) 1.0 INTRODUCTION 1.1 This written statement is submitted on behalf of Gallagher Estates Limited in response to Matter 16.w relating to Policy NE5 of the Vale of Aylesbury Local Plan (VALP). 1.2 This statement supplements the representations we submitted at the regulation 19 consultation stage on behalf of Gallagher Estates, relating to Land at Eaton Leys, Milton Keynes, an omission site located on the northern edge of Aylesbury Vale District. Immediately to the north of the site is land within Milton Keynes, also controlled by Gallagher Estates which benefits from outline planning permission for up to 600 dwellings, a local centre, primary school and public open space (MKC ref: 15/01533/OUTEIS). 1.3 The site is identified in the VALP as forming part of the Brickhills Area of Attractive Landscape (AAL). Our previously made representations, and the information presented in this statement which supplements them, explains why the site’s inclusion within the AAL is unsound, taking account of the Council’s evidence base and our assessment; and why Policy NE5 as drafted is considered to be unsound, having regard to the national policy and the relevant supporting text set out in the VALP. 1.4 We look forward to participating in the examination hearings and assisting the Inspector with his assessment of the plan’s soundness and legal compliance. 20704/P12a/A5/MK/dw Page 1 June 2018 Vale of Aylesbury Local Plan Examination Main Matter 16.w: Policy NE5 Gallagher Estates (32326) 2.0 MAIN MATTER 16.w Policy NE5 2.1 This statement seeks to provide the Inspector with a succinct summary of our main points against the draft agenda which was circulated by the programme officer on 9th June 2018. It is understood that the agenda implicitly allows for consideration of main modifications to the wording of Policy NE5 to be discussed at the hearing and suggested modifications to the policy are set out in Appendix 1 of this statement. Have I correctly understood the thrust of the representations? 2.2 The Inspector’s ‘summary of issues’ (dated 5th June 2018) provides a reasonable summary of the main issues and matters for discussion. We have written separately to the programme officer to advise of additional issues which we consider to be of particular relevance. These are: • The weight to be attached to the Strategic Landscape and Visual Capacity Study (August 2017) prepared by Bradley Murphy Design Ltd. for the Council (which we address under item 5. below); and • Suggested modifications to Policy NE5, if retained (which we address under item 2. below). 2) Compliance with NPPF paragraph 113 2.3 As stated in our representations submitted at Regulation 19 stage, we consider the wording of Policy NE5 to be inconsistent with paragraph 113 of the NPPF. We do not repeat these objections. Notwithstanding this in principle objection, in seeking to assist the Inspector’s assessment in respect of Policy NE5, we have set out our suggested modifications to the wording of the policy and supporting text at Appendix 1, should the Inspector conclude that the designation of AALs and Local Landscape Areas (LLAs) is sound. 2.4 The representations which were submitted on behalf of Gallagher Estates at the Regulation 19 consultation stage and the information presented in this further written statement provides the supporting justification for the suggested modifications to Policy NE5. 20704/P12a/A5/MK/dw Page 2 June 2018 Vale of Aylesbury Local Plan Examination Main Matter 16.w: Policy NE5 Gallagher Estates (32326) 2.5 Notwithstanding our in principle objection to the designations of AALs (and LLAs) through Policy NE5, the NPPF requires plans to provide a ‘practical framework within which decisions on planning applications can be made with a high degree of predictability and efficiency’ (Paragraph 17; first bullet). 3) Recognition of degrees of harm 2.6 Policy NE5 fails to recognise that development will inevitably result in some change to character; that change can also retain important views to a sufficient degree; that important views are not defined; and that the hierarchy of local landscape designations is not justified in the policy. 2.7 As stated above, we have put forward suggested modifications to the wording of Policy NE5 (Appendix 1) which seek to address this soundness issue, but not the other soundness issues associated with the extent of the Brickhills AAL, as set out in our Regulation 19 stage representations and in this statement including the Landscape and Visual Statement at Appendix 2. 4) Land Use Consultants’ advice and 5) Adequacy of technical evidence 2.8 The Landscape and Visual Statement provided at Appendix 2 of this statement sets out our analysis of LUC’s advice and the adequacy of technical evidence relevant to Policy NE5. 2.9 We do not repeat the detailed assessment presented in the Landscape and Visual Statement. However, based upon its conclusions, we find that the VALP fails to meet the tests set out in paragraphs 158 and 165 of the NPPF, that planning policies and decisions should be based on “adequate”, “up-to-date” and “relevant” evidence. 2.10 For all of the reasons we set out, Policy NE5 and the principle of the proposed AAL designations, and particularly the inclusion of Eaton Leys within the proposed Brickhills AAL, is unsound. 2.11 To resolve the soundness issues raised, Policy NE5 and the AAL designations should be deleted. Alternatively, the boundaries of the Brickhills AAL should be redrawn to exclude Land at Eaton Leys. 20704/P12a/A5/MK/dw Page 3 June 2018 Vale of Aylesbury Local Plan Examination Main Matter 16.w: Policy NE5 Gallagher Estates (32326) 6) Need for criterion of visual coalescence 2.12 We have no comments on this issue. 20704/P12a/A5/MK/dw Page 4 June 2018 Appendix 1 Suggested Main Modifications to Policy NE5 Landscape character and locally important landscape 9.26 All the landscape in the district is considered to have character and particular distinctive features to be conserved, positive characteristics to be enhanced and detracting features to be mitigated or removed. The 2008 landscape character assessment (LCA) is the primary evidence base which divides the entire landscape (beyond towns and Areas of Outstanding Natural Beauty) into landscape character areas and landscape character types. The assessment sets out landscape conservation guidelines for each landscape character area. Therefore all the landscape in the district is considered to can have innate ‘value’ as referred to in the National Policy Planning Framework (NPPF)40. That said, of the locally significant designated landscape, the areas of attractive landscape (AALs) are of the greatest significance followed by the local landscape areas (LLAs). 9.27 In early 2015, AVDC engaged the consultants Land Use Consultants (LUC) to review the 2008 LCA, update it in light of major developments since 2008, and consider its conformity with the NPPF. The evidence base was considered by the Council to be a valid basis to develop a policy approach and a specific policy approach was recommended to note landscape character across the district and special qualities and differences between character areas and character types. 9.28 Areas of attractive landscape (AALs) were first designated in the Buckinghamshire County Structure Plan 1979 and in successive plans through to the Aylesbury Vale District Local Plan (AVDLP) (2004). Local landscape areas (LLAs) were designated by AVDC in the 1990s and carried forward into AVDLP in 2004. Neither of these designations are seeking to resist development in principle., unless When preparing and determining planning applications for development, regard has not been should be given to distinctive features and key characteristics of the AALs and LLAs. 9.29 LUC carried out a criteria-based assessment of all AALs and LLAs, applying a nationally- accepted methodology to what influences landscape value. This evidence base ‘defining the special qualities of local landscape designations in Aylesbury Vale District’ has been published as a final report following stakeholder engagement in August 2015 and public engagement in October-December 2015. A final report was completed in March 2016. The report states at paragraph 2.12: 9.29a ‘There may be areas within a designated landscape that are of less value, as well as areas outside of the defined AALs and LLAs that are of greater value.’ 9.29b The study report concludes at paragraph 4.2: 9.30 ‘Most of the areas of attractive landscape (AALs) have stronger special qualities and are relatively higher in landscape value in comparison to the local landscape areas (LLAs), which are generally smaller scale locally valued features.
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