Proctor, Queniborough Old Hall
Total Page：16
File Type：pdf, Size：1020Kb
i ~ y Local Plans Team Atria One Charnwood Borough Council 144 Morrison Street Southfield Road Edinburgh EH3 8EX Loughborough Tel: +44 (0)131 314 2112 Leicestershire Fax: +44 (0)131 777 2604 LE13 1UN email C~3 burges-salmon.com www.bu rges-salmon. com DX ED30 Edinburgh Direct Line: +44 (0)131 314 2128 craig.whelton~ burges-salmon.com Our ref: CW18/32213.14/WHELT Your ref: 16 December 2019 When telephoning please ask for: Craig Whelton Dear Sirs Consultation on the Charnwood Local Plan 2019-36 Richard Proctor, Queniborough Old Hall We act on behalf of Mr Proctor, the owner of Queniborough Oid Hall (the "Old Hall"). We have been instructed to submit a response to Charnwood Borough Council's (the "Council") consultation on the draft Charnwood Local Plan 2019-36 (the "Draft Plan"). Responses are invited by 16 December, and this response is therefore submitted in time. Our client has serious concerns with the limits to development proposed for Queniborough, and requests that the Draft Plan is amended around the curtilage of Old Hall, to retain the existing limits to development, and to retain the Old Hall within the settlement boundary. The reasons for the requested amendment are set out below. We would note at the outset that our client as landowner was not consulted on the proposals that directly affect their property. This is contrary to guidance in the UK Government's Planning Practice Guidance, which states: "At an early stage in the plan-making process strategic policy-making authorities will need to work alongside infrastructure providers, service delivery organisations, other strategic bodies such as Local Enterprise Partnerships, developers, landowners and site promoters. A collaborative approach is expected to be taken to identifying infrastructure deficits and requirements, and opportunities for addressing them." (emphasis added) Paragraph: 059 Reference ID: 61-059-201 9031 5 SETTLEMENT BOUNDARY The Draft Plan 1.1 The Old Hall is located within the limits to development for Queniborough (the "Settlement Boundary"), as delineated in the current focal Plan (2004). 1.2 The Draft Plan's policies maps 1 and 2 (the "Policies Maps") are included at Appendices B and C of the Draft Plan. The proposed Settlement Boundary on the Policies Maps intends to remove the Old Hall from the Queniborough village settlement. 1.3 Exclusion of the Old Hall from the Settlement Boundary means that it is now subject to the "countryside" designation, which is applied on a blanket basis to all land within the Council's administrative area which is not otherwise allocated. WORK\35797664\v.7 Classification: Confidential 6 New Street Square, London, EC4A 38F One Glass Wharf, Bristol, BS2 OZX Tel: +44 (0)20 7685 1200 Fax: +44 (0)20 7980 4966 Tel: +44 (0)7 17 939 2000 Fax: +44 (0)117 902 4400 ~~` '~~ INVESTORS Surges Salmon LLP is a limited liability partnership registered in England and Wales (LLP number OC307212), and is authorised and regulated by the I Gold Solicitors RegWation Authority. It is also regulated by the Law Sodety of Scotland Its registered office is at One Glass Wharf, Bristol, BS2 07~(. A list of ~~~~ IN PEOPLE the members maybe inspected at its registered office. Further information about Burges Salmon entities, including details al their regulators, is set out on the Burges Salmon website at ~- ;, _ Page 2 16 December 2019 Burges, Sa~mOn 1.4 Paragraphs 4.37 — 4.39 of the Draft Plan state: `The Policies Map shows our preferred settlement Limits to Deve%pment for the majority of settlements in the Borough. These boundaries define the cohesive built form of settlements, taking account of development allocations made, and make them distinct from the countryside. Countryside is the largely undeveloped /and beyond the defined Limits to development of our towns and villages and has its own intrinsic character and beauty. The Limits to Development, and by extension the edge of the countryside, are an integral part of our development strategy to guide development to sustainable locations. Our preferred strategy is to protect the intrinsic character of the countryside whilst supporting the vitality and viability of our most rural communities." (emphasis added) 1.5 Draft Policy LP1 states: "We will support sustainable development within defined Limits to Development and in the allocations defined in this plan... Environment ...Areas designated as Countryside... are identified on the Policies Map. These designations are an integral part of the spatial strategy that has been identified to deliver growth in the context of the objective to conserve and protect the character of our towns and villages and the intrinsic character and beauty of the countryside. Development proposals which do not accord with Draft Policies LP18 Landscape, Countryside, Green Wedges and Areas of Loca( Separation and LP19 Charnwood Forest and National Forest wil! not be in accordance with the spatial strategy as set out in this policy. lmalementatron of Saatial Strate Development proposals which do not accord with the pattern of development in the spatial strategy will not be considered compatible with the vision and will not meet the objectives of the plan and as a result wil! not be supported, even where there is a proven shortfall in the supply of homes. Proposals for development which are not allocated in this local plan but accord with the vision, pattern of deve%pment and other requirements of this policy are likely to be approved where a five year supply of homes cannot be demonstrated. In all other circumstances, new built development will be confined to sites allocated in this plan and neighbourhood plans, and other land within the Limits to Development subject to specific exceptions in this plan."(emphasis added) 1.6 Paragraph 7.8 of the Draft Plan states: "Countryside has an important ro% in providing the landscape setting to our settlements and understanding our landscape helps us to understand and maintain settlement identity."(emphasis added) 1.7 Draft Policy ~P19 states: "We wil(carefully manage development to protect the countryside's intrinsic character and beauty by: requiring new development to protect landscape character and to reinforce sense of place and local distinctiveness by taking account of relevant local Landscape Character Assessments; WORK\35797664\v.1 Classification: Confidential Page 3 •- 16 December 2019 •„ • requiring new deve%pment to maintain the separate identities of our towns and villages; • supporting rural economic development or residential development which has a strong relationship with the operational requirements of agriculture, horticulture, forestry and other land based industries; • supporting development for the reuse and adaptation of rural buildings and small scale new built development where there would not be significant adverse environmental effects; • supporting the provision of community services and facilities that meet proven local needs as identified by a neighbourhood Plan or other community led plan; and • supporting rural communities by allowing new housing development for local needs in accordance with Draft Policy LPS."(emphasis added) 1.8 The Draft Plan does not include any explanation of changes to the character of Queniborough village that have prompted the proposed change in Settlement Boundary and removal of the Old Hall from the village. Queniborough Old Hall 1.9 The exclusion of the Old Hall from within the Settlement Boundary is inappropriate, given the Old Hall's location and historic significance within the Queniborough village settlement. 1.10 The Old Hall is a substantial residential property that has historically formed part of the settlement of Queniborough. There have been no material changes to the property itself or surrounding area that would justify or necessitate the removal of the property from the Settlement Boundary. Indeed, the most recent relevant change (effective from earlier this year) has been to include the Oid Hall within the Queniborough Conservation Area, which would suggest it is appropriate to retain the Old Hall within the Settlement Boundary. 1.11 Consultation was carried out in early 2019 to re-evaluate the boundaries of the Queniborough Conservation Area. The Council's `Queniborough Conservation Area: Boundary Review' document notes that it is clear from review of OS maps dating from 1883, 1903, 1930 and 1956 that "the current CA boundary includes a!I of the historic village buildings —except the Old Hall"and notes "the location of the Queniborough old and New Halls and their parklands at either end of the CA" (page 14). The document proposed the addition of the Old Hall to the Conservation Area based on its "significant heritage value". 1.12 The Council's `Queniborough Conservation Area: CharacterAppraisa!', was thereafter revised in 2019 to reflect the updated boundaries, including the addition of the Old Hall. The Character Appraisal notes that, while there are a number of Listed Buildings within the Conservation Area, there are five that are `key' and "have a stronger influence on the character of the Area" (page 16) —the Old Hall is identified as one of these key buildings. 1.13 Given the identification of the Old Hall as a key Listed Building within Queniborough village, exclusion of the Old Hall from the Settlement Boundary ignores the historical significance of the Old Hall as part of the village. It is oxymoronic to extend the Queniborough Conservation Area to include the Old Hall whilst at the same time redrawing the Settlement Boundary to exclude the same property. At the very least, an explanation for this apparently contradictory approach is required. 1.14 The Appraisal notes that the `special interest' of the Queniborough Conservation Area is the village's location and setting. It notes, "Queniborough is a village at the edge of the Wreake Valley. /t is a gateway to the area of relatively undeveloped landscape known as High Leicestershire..