Pale Lane Appeal Quashed

Wates Homes Elvetham Chase (Pale Lane) Development Proposal, near Elvetham Heath and Hartley Wintney, Hart District, Hampshire.

Elvetham Chase aka Pale Lane Appeal Quashed

Some great news emerged on Monday afternoon. The Pale Lane Appeal has been quashed by the Secretary of State. This means there won’t be any development in that location at least up until 2032. The complete decision document can be found here.

The Secretary of State examined a number of of issues in coming to his decision.

The issue that carried the strongest weight was the Hartley Wintney Neighbourhood Plan (HWNP). The Pale Lane site falls partially within the Hartley Wintney Parish. It was not allocated for development within the HWNP and this carried “significant weight”. So, we must thank Hartley Wintney Parish Council on their efforts that saw the Neightbourhood Plan “made” only last month.

Other issues considered included:

  • The emerging Hart Local Plan, which also does not allocate Pale Lane. However, despite being close to being approved only carried “moderate weight”.
  • He also considered that even if Pale Lane were refused, there would still be more than five years land supply.
  • The potential loss of Best and Most Versatile agricultural land was considered “moderate weight”.
  • Sadly, the highways, health, education and quality of life issues raised by the Stop Elvetham Chase group carried no weight.

The now infamous letter from CCH to Ranil wasn’t even mentioned in the report. So, it seems that the fight against Pale Lane was won irrespective of their efforts. However, the letter they wrote has caused them predetermination problems with their pet Shapley Heath project.

It seems the lesson here is to focus on the real planning issues and get Neighbourhood Plans in place if we want to combat further unnecessary and undesirable greenfield development.

Our local MP, Ranil Jayawardena has now come out unequivocally against large scale green field development. This  includes Shapley Heath, Rye Common and West of Hook. He has produced a constituency charter. We ask that you consider signing his charter that can be found here. This complements his call for bold regeneration plans.

 

QC Opinion: CCH Predetermination of Shapley Heath revealed in Ranil letter

QC Opinion: CCH predetermination revealed in letter to Ranil

QC Opinion: CCH predetermination revealed in letter to Ranil

The Rural Hart Association has obtained a QC’s Opinion that shows CCH’s predetermination of the Shapley Heath Garden Village proposal. Their predetermination was revealed in their letter to Ranil Jayawardena MP about Pale Lane/Elvetham Chase. It is ironic that on Bonfire Night, CCH’s own vanity has led to their plans for Shapley Heath going up in smoke.

Back in July all CCH Councillors wrote to Ranil, lobbying him about the upcoming Pale Lane/Elvetham Heath decision by the Secretary of State. In that letter they claimed that 5,000 houses had been “secured for the next planning period” at Shapley Heath.

Of course, this was a misleading statement, because in no sense have any houses been “secured” at Shapley Heath. For instance, the planning Inspector ripped apart their proposals in the Local Plan examination. The only sensible inference that can be made from their statement is that they have closed their minds to a proper consideration of Shapley Heath and alternatives. In Andrew Tabachnik QC’s opinion, this amounts to predetermination.

The consequences of this finding are that Community Campaign Hart Councillors must either:

  1. Recant their statement and demonstrate they have a genuinely open mind on the matter or,
  2. Recuse themselves from any further decisions about Shapley Heath.

In short, CCH have snookered themselves as far as Shapley Heath is concerned.  If they don’t recant then they should be excluded from discussion and voting about Shapley Heath at Overview & Scrutiny, Planning, Cabinet and Full Council. Indeed, their participation in the September O&S might be inappropriate.  We can keep an eye on all of their public statements and actions from now on in the light of this opinion. There is the option of further legal proceedings if they step out of line.

The Rural Hart Association will be making a statement at Thursday’s Cabinet and recommending actions that the CCH councillors should take to retract the sentiments in their letter and demonstrate an open mind about Shapley Heath.

The full QC’s Opinion can be downloaded from the button below:

QC Opinion: CCH Predetermination of Shapley Heath

The supporting detail that led to the opinion follows:

CCH Letter to Ranil

The full letter to Ranil was published on the Facebook page of some of the CCH councillors. It can be found on here (page 1) and here (page 2). The incriminating passage is shown in the image below:

CCH Predetermination: 5000 more houses secured at Shapley Heath

CCH Predetermination: 5000 more houses secured at Shapley Heath

Excerpts from QC Opinion that shows CCH Predetermination

4. I am asked to advise whether the above letter – and in particular the reference to “5000 more homes secured for the next planning period through Shapley Heath” – is relevant to the participation of the four Councillor signatories identified above in the Cabinet’s forthcoming decisions concerning Shapley Heath.

5. In my view, for reasons explained below:

a. The relevant assertion to Mr Jayawardena MP is totally misleading. There is no sense of the word in which Shapley Heath has been “secured for the next planning period”. Quite the opposite, as matters currently stand. Nothing at all has been “secured” for the “next planning period”. Further, the Local Plan Inspector’s 26 February 2019 letter sends Shapley Heath back to the drawing-board, with clear findings that it has not been justified as sound on its own merits nor is there a robust assessment of its comparative qualities as against reasonable alternatives.

b. Regrettably, the only sensible inference is that the authors of the letter have shut their minds to a fair and proper consideration of the individual and comparative merits of Shapley Heath, and have pre-determined decisions in respect of Shapley Heath, which they regard as “secured” already.

c. Absent the clearest evidence going forward that the relevant Councillors recant the misleading and pre-determined approach to Shapley Heath as “secured for the next planning period”, their participation in future decision-making of the Council (including when Cabinet grapples with Paper D in early November 2019) would render such decisions susceptible to being quashed by way of application for judicial review.

d. In my view, the relevant Councillors must publicly acknowledge the misleading character of the words used in the letter and must publicly disassociate themselves from the sentiment in question (that Shapley Heath has been “secured for the next planning period”), and their future conduct in so far as they desire to have further involvement in relevant Council decision-making must (and not as mere “lip service”) positively demonstrate a genuine willingness to consider matters with an open mind. Where a relevant Councillor is unable or unwilling to adhere to the foregoing, the natural inference will be that the closed minds evident from the July 2019 letter have infected the decision in question.

e. A relevant Councillor who is unable or unwilling to take the foregoing steps, must recuse themselves from Council decision-making which is related, directly or indirectly, to Shapley Heath.

 

Andrew Tabachnik QC opinion

 

 

Council to remove Winchfield new town from Local Plan

Hart Council to Remove Winchfield New Town from Local Plan

Hart Council to Remove Winchfield New Town from Local Plan

Hart Council have called an emergency Cabinet Meeting for 14 March 2019 to remove Winchfield new town from the Local Plan.

The meeting has one main agenda item which is to consider the report of the Inspector into the Local Plan examination. The main recommendation is as follows:

Hart Cabinet remove Winchfield New Town from Local Plan

Hart Cabinet remove Winchfield New Town (Policy SS3) from Local Plan

The main paper for discussion can be found here.

Interestingly, the Council implicitly admit that the prior work into the new town was not carried out impartially. This is a quote from section 4.4.1 of the paper before Cabinet:

The Inspector is of the view that a significant level of further supporting work would be required for Policy SS3 to be found sound in its current form, which would need to include appropriate and proportionate area/site assessments, infrastructure considerations, viability testing, evidence in support of deliverability and further Sustainable Appraisal (SA) work, which would need to be done in an impartial manner with sufficient evidence to support its findings and comparisons with alternative options. Any further SA work would also need to include additional standalone consultation. This would all lead to a significant delay in the examination, whilst it was paused, to allow such work to be undertaken. Further hearing sessions would be needed. In the interim, there is a risk that Inspectors considering major planning appeals such as Pale Lane and Owen’s Farm might attach much less weight to the Plan notwithstanding the Inspector’s letter, because of the uncertainty the additional work would give rise to.

This is quite a stunning admission and backs up our demand for heads to roll over the way the previous assessment was carried out. It is simply unacceptable for the Sustainability Appraisal (SA) to have been biased by officers or councillors.

Meanwhile, there’s ructions in a bunker in deepest Church Crookham.

CCH can’t quite bring themselves to admit that the Inspector has asked for the new town to be removed from the Local Plan:

Hart’s Local Plan
​​
Following the Local Plan enquiry in the autumn of last year, the planning inspector has written to Hart to suggest that he will find our plan sound and acknowledges that we have sufficient housing supply – such that we no longer need to fear planning by appeal.

This is fantastic news for the people of Hart who have faced years of unconstrained planning blight because the previous administration failed to knuckle down and face up to the arduous task of getting a sound plan drafted, supported by sufficient evidence and compliant with national planning policies. Hart has not had a new Local Plan since 1996, which accounts for why we have struggled to defend many planning appeals in recent years.

It is disingenuous therefore for some politically motivated commentators to be painting this as if it is some kind of failing. It is a major strategic and meaningful win for the people of Hart. The inspector, despite some of the misinformation doing the rounds, has also identified that a new settlement is an appropriate option for Hart to consider pursuing. A new settlement would in future years deliver housing with the necessary infrastructure which has been so sadly lacking from most of the new bolt on urban extensions of recent years. No new secondary school and no increased capacity on our local roads being prime examples.

At long last Hart are on the cusp of adopting a sound local plan which will protect our environment and quality of life for years to come – don’t let any one try to detract from this critically important achievement.

http://www.cchart.org.uk/ (scroll down below the free parking u-turn)

Local Plan Examination: Heads Must Roll!

Hart Local Plan Examination is damning: Heads must roll

Hart Local Plan Examination is damning: Heads must roll

As regular readers will recall, the Council announced the preliminary results of the Hart Local Plan Examination a couple of days ago. We have now had time to read the detailed letter from the Inspector and form some conclusions.

The purpose of this post is to summarise the Inspector’s preliminary findings and suggest our own next steps for the Local Plan. In short, the Inspector’s report is damning and heads must roll.

Summary of Local Plan Examination Preliminary findings

First, the Council’s characterisation of “a couple of issues in relation to the Local Plan” understates the ferocity of the Inspector’s criticisms by quite some margin. The Inspector’s full report can be found here.

His criticisms of Policy SS3 and the area of search for the new settlement are deep and comprehensive. He says:

I have a number of fundamental concerns with regard to the soundness of Policy SS3.

He lays out concerns about infrastructure, saying the plans lack substance. He also points out there’s a large tract of land in the middle of the Area of Search is not and will not be available. But he reserves his most scathing attack for the Sustainability Appraisal (SA). Even though there were concerns raised about the legal compliance of the document, these don’t matter, because the document itself was so bad.

Far from being a “couple of issues”, these criticisms explode a cruise missile right at the heart of the Council’s flagship policy.

The criticism of the SA is damning. Hart submitted two sustainability appraisals, one before submission and one after.  Of the first, the Inspector says:

I am not of the view that the pre-submission SA, in its own right, appropriately or robustly considers reasonable alternatives to a new settlement as a long-term growth strategy

The second SA did test reasonable alternatives, but inappropriately. The Inspector cites several examples:

  • The ranking of Option 1b (the new settlement) “as the best performing under heritage is not justified”.
  • For land and other resources, the ranking of Option 1b “is also therefore not, in my view, robust”.
  • The Inspector decided that “the decision not to rank the options in terms of flood risk to be very questionable”.
  • On landscape issues the Inspector concluded:

Option 1b was ranked joint highest with Option 1a. However, it is unclear why this is the case, given that the proposed new settlement would result in the development of large areas of open countryside and Option 1a already benefits from planning permission and is largely previously developed land. Further, the post submission SA notes that Pale Lane is ‘relatively unconstrained’, but despite this and it being a smaller site / potential development, Option 3a is ranked lower than Option 1b.

  • The Inspector has this to say on the climate change ranking:

Option 1b has been ranked the highest under the category climate change. This is as a result of the potential for the proposed new settlement to deliver a district heating system. However, there is little evidence to suggest that this is a feasible or realistic option that is being actively pursued by the site promoters. I consider this raises doubt about the appropriateness of such a ranking.

  • The ranking for the impact on water was also criticised by the Inspector.
  • In conclusion on the SA the Inspector said:

In my judgement the scoring of Option 1b above or equal to other options is not justified by the evidence. As a result, I consider that Policy SS3 and its supporting text are not justified, as, on the currently available evidence, it cannot be determined that it represents the most appropriate long-term growth strategy.

I consider that the post submission SA is therefore not robust and should not be relied upon in support of the Plan.

In addition, the Inspector clearly states:

Given my earlier findings in terms of the housing requirement, Policy SS3 is not required for the Plan to be sound and, in light of my comments above, I consider that the most appropriate course of action would be to remove it (along with any other necessary subsequent changes) from the Plan through Main Modifications (MMs). This would allow the Plan to progress towards adoption without any significant delay to the examination process.

Substantially all of these points were made by We Heart Hart and Winchfield Parish Council during the consultation process. So, all the issues were known to Hart Council before submitting the plan for examination, yet they chose to press on with the doomed policy. In effect, the Council has been caught red-handed trying to gerrymander the SA in what looks to us like a clear case of policy-based evidence making.

It is true that the Inspector has left open the door for the new town to return in future. But this is conditional upon the new town being considered properly alongside all other options for long term growth beyond 2032.

I consider that it would not be unsound for the Plan to retain the Council’s aspirations to plan for long-term needs beyond the Plan period, which could include the delivery of a new settlement. But, the Plan should clearly state that this, as a growth option, would need to be fully considered and evidenced in a future (potentially early or immediate) review of the Plan or a subsequent DPD.

I am of the view that a significant level of further supporting work would be required for Policy SS3 to be found sound in its current form, which would need to include appropriate and proportionate area/site assessments, infrastructure considerations, viability testing, evidence in support of deliverability and further SA work, which would need to be done in an impartial manner with sufficient evidence to support its findings and comparisons with alternative options.

[Update 5/3/2018] But there is a significant caveat from the Inspector:

I am also mindful that following further work, there can be no guarantee that the evidence would support it as the most appropriate long-term growth strategy or that Policy SS3 would be found sound.

[/Update]

Budget Impact of New Town Planning

In addition to the hundreds of thousands (if not millions) of pounds already spent, we should also note that in the same Council meeting, they agreed to spend £785,990 on the new settlement in the next financial year (Paper B Appendix 3). Residents might reflect on the other important services that might be delivered with this money, like free-parking in Fleet to boost retail footfall.

Hart Council 2019-20 budget for new settlement

Hart Council 2019-20 budget for new settlement

In summary, we have a Council that has botched its flagship policy, had it found unsound but is proposing to squander even more of our hard-earned council tax on the same failed policy.

Next Steps after the Local Plan Examination

The first and most obvious point is that we need to get the Local Plan over the line as soon as possible. This means that the Council should abandon Policy SS3 immediately and agree to take Surrey Heath’s unmet need. They should reply to the Inspector forthwith, agreeing to his demands and get on with changing the plan to make it sound.

This is necessary to protect Pale Lane and Owens Farm in Hook and any other planning appeals that might come along.

Before any further review of the plan to identify and evaluate properly the options for long term growth beyond the plan period, root and branch reform is required.

Root and Branch Reform – Heads Must Roll

Let’s take a look at what is required. First, let’s look at the members.

Liberal Democrats

Hart Local Plan Examination: Liberal Democrats David Dave Neighbour in the pocket of CCH James Radley

Liberal Democrats in the pocket of CCH

The Portfolio Head for Planning, Graham Cockarill and the Council Leader, David Neighbour have allowed themselves to be the puppets of Community Campaign Completely Concrete Hart (CCH). They have preened themselves in positions of power whilst presiding over the car-crash that is Policy SS3. They have wasted hundreds of thousands of pounds, wasted precious time and put at risk more of our green fields. Trying to position the Inspector’s report as a success with only a couple of minor issues to resolve, simply will not wash.

They have lost all credibility and authority and should immediately resign their Cabinet positions and consider whether they should continue in their role as Councillors. Hopefully, their Yateley electors will see through their ineptitude and bring down the guillotine on their political careers.

Community Campaign Hart

Community Campaign Completely Concrete Hart screwing up Hart Planning since 2004

Completely Concrete Hart screwing up Hart Planning since 2004

Then we have the puppeteers in CCH. The main protagonists are James Radley and Alan Oliver. Their track record is woeful. The then ruling Conservatives (who are far from blameless in this affair) had a draft Local Plan, without the new town, in late-2016. CCH scuppered that plan by insisting that a new option to include the new town be included. This was even though surprise, surprise, Winchfield had failed testing due to concerns about flooding and lack of infrastructure. This delayed the Local Plan, put Pale Lane and Bramshill at risk and wasted even more money.

They persisted with the lost cause appeal against Grove Farm/Netherhouse Copse, wasting probably over £100,000. Our questions to Council have been censored because they found them uncomfortable (see here and here). They have dismissed We Heart Hart’s concerns, that have now been proven to be right, as “Trump-like diatribes”, “misinformation and outright lies”. They said in Fleet News that they would deliver an “infrastructure-led” Local Plan, yet the plan contains only threadbare infrastructure proposals, with big gaps in costing and funding. Moreover, the Inspector has dismissed the new town partly on the grounds that infrastructure plans lacked substance.

CCH have obstructed brownfield development and won’t even consider urban regeneration seriously. Their pig-headed delusion has resulted in the new town plans being shredded in public by the Inspector. CCH have been revealed as an empty vessel that makes a lot of noise but has no substance. They should immediately resign their Cabinet positions and consider their positions as Councillors. Even Church Crookham electors might begin to recognise the pattern of failure and remove them at the ballot box.

Hart Council Officers

We cannot ignore the role of the officers in this fiasco. In 2012, they recognised that a new town at Winchfield would require new studies, more land, infrastructure assessment and testing. Seven years on, and all that work has either not been completed or failed. We should remember that their 2013 Local Plan failed at Inspection. They too have pursued inappropriate appeals that were doomed to failure. In 2015, they said that there was capacity for only 450 dwellings on brownfield land. Since then permission has been granted for thousands of homes at Hartland Park, Sun Park and many office conversions. Their estimate was out by a factor of at least 5.

They admitted at the Examination that they have been working with the developers on the new town plan for over four years. Now they have been caught out gerrymandering the SA. All this wasted time and money has resulted in their flagship policy ending in abject failure. One must question their judgement, independence and ability to offer sound advice to members and residents.

It is time for a complete replacement of the Planning Team, starting at the top with the joint-Chief Executive.

 

It is only after getting rid of the dysfunctional Cabinet and the failed Planning team that we can start to plan properly for the future beyond the plan period with fresh ideas.  This should include a proper assessment of the regeneration of our urban centres as a much more palatable option than unnecessarily concreting over more of our precious green fields.

Ding Dong! Winchfield new town is dead

Ding Dong the New Town is Dead - New town policy SS3 to be removed from the Hart Local Plan

Ding Dong! Winchfield New Town is Dead

[Update: Inspector’s Letter now published here. Analysis to follow at the weekend – now here]

Hart Council has received a letter from the Planning Inspector giving a provisional assessment of the Hart Local Plan. He has made two recommendations to make the plan sound.

  1. Remove Policy SS3, so we won’t be having a new town in Winchfield within the plan period, because the extra houses are not needed.
  2. We must take around 750 of Surrey Heath’s unmet need, which can be met with the current development plans.

The news was given at tonight’s council meeting by Graham Cockarill. This is obviously very good news for those of us who have been campaigning for this result for years. However, it is clear form Councillor Cockarill’s statement that there are still factions within the council that want to try and sneak the new town back in at a later point. Indeed the body language of the councillors is more of disappointment than jubilation that they are close to getting a sound Local Plan.

The full letter from the Inspector will be published here on Hart’s website tomorrow morning. We will provide updates once we have considered the detail.

A video of the councillor’s statement about the Hart Local Plan is shown below, together with our transcript of what he said (with our emphasis).

Impact of removing the Winchfield new town policy SS3 from the Hart Local Plan

It remains to be seen what the fallout might be form this news. First, the positives.

The Inspector’s view ought to scupper the Pale Lane/Elvetham Chase Appeal. It should also ensure the appeal for the land West of Hook around Owens Farm doesn’t succeed either.

Now on to the negative aspects. One has to think that this whole process would have gone much quicker and cost much less money if the Council had abandoned the unsound idea of the new town much earlier. I am sure that We Heart Hart will not be the only people holding our councillors and officers to account for this waste of our time and money.

Graham Cockarill Announcement about Hart Local Plan 28 February 2019

I have received a message a couple of days ago from the Inspector Jonathan Manning giving us provisional feedback on a couple of issues associated with the Local Plan. I must stress that this is not his final report, but it gives us a clear indication that subject to the council agreeing a couple of important modifications, we are close to having in place a sound Local Plan.

It is a very important milestone because we have never reached this stage before.

The Inspector has accepted our assessment of what is our Objectively Assessed Housing Need of around 388 dwellings per annum. And recognised our positive approach to meeting that need. It is for this reason that the Inspector recommends that we agree to meet Surrey Heath’s unmet need because he considers that it can be done within our projected targets without changing our plan or having to find other sites.

The Inspector’s other key recommendation is that we do not at this time pursue policy SS3. In his view, the new settlement approach is not sufficiently developed to be included in the plan, particularly as the numbers of new homes it may deliver are not necessary to meet the housing numbers within this plan [period].

The important point here is that the Inspector does not rule out a new settlement option in the future. He recognises our clear aspiration to deliver a settlement to meet our long-term housing needs. He accepts that it would be acceptable for the Plan to retain the Council’s aspirations to plan for long term needs beyond the plan period which could refer to the delivery of a new settlement through potentially either an early or immediate review of the Plan or a subsequent Development Plan Document (DPD).

He says that this would not change any timescales.

I intend later tonight, indeed before the end of this meeting, to circulate the Inspector’s letter and it will be published on our web page in the morning. I also intend to work with the respective group leaders and through the Local Plan Steering Group to agree the next steps. But it would seem to me that our best interests lie in getting a sound Local Plan swiftly in place in the form recommended by the Inspector.

This is great news for both the Council and its residents, because having a Local Plan in place gives us a sound basis to make future planning decisions and removes the threat of planning by appeal.

Question: Can you make sure all councillors get a summary of the Bramshill result once it has been studied?

Answer: Yes. An email has been sent by the joint-CEO a couple of weeks ago. I will ask for a more concise version to be circulated.

Question: Could you confirm the number of houses from Surrey Heath that will be accepted.

Answer: [Uncertain], but around 750 over the plan period.

 

Hart Planning Update

 

Keep Calm and Wait for news about the Hart Local Plan

Hart planning update early 2019

Belated Happy New Year and welcome to our Hart planning update. We haven’t published much recently, because there hasn’t been much to say. However, a few people have been in touch to ask how things are going. So, welcome to the New Year and to our update on the major planning issues affecting Hart.

Hart Planning Update: Local Plan

[Update 28 Feb 2019: Plan will be sound if Policy SS3 is removed and Hart takes ~750 of Surrey Heath’s unmet need]

First up is the Hart Local Plan. The examination took place in November and December last year. We Heart Hart participated in the discussion about Infrastructure on 5 December. We understand that the Inspector is due to deliver his opinion in early to mid-February. Until then, we can only speculate on the outcome.

The Inspector can decide one of three outcomes:

  • the submitted Plan is found sound
  • Local Plan is not sound but could be made sound by making modifications
  • the Local Plan is not sound and could not be made sound

The second outcome is the one we hope for. It is to be hoped Policy SS3 related to the Winchfield new town is removed as the main modification.

We understand that during the examination the Inspector asked for changes to the policies related to Local Gaps and SANG. However, he remained inscrutable on the other key issues which we believe are the:

  • Housing numbers
  • New settlement
  • Sustainability Appraisal (SA)

Given the reports we have received about some of the key discussions, we believe Hart is vulnerable on the new settlement and the sustainability appraisal. Hart attempted to present evidence about the new settlement that had been submitted after the deadline. This evidence was rejected. Strong arguments were presented on both sides of the argument. However, we believe a key exchange was when the Inspector got Hart (and we believe the developers) to agree that he could not approve the new settlement unless he found that it was deliverable.

We also understand the SA came in for sustained criticism.

We have to await the Inspector’s judgement. If major changes are required, then there may well be political implications at the council.

Hart Planning Update: Elvetham Chase/Pale Lane Appeal

The Elvetham Chase (aka Pale Lane) appeal took place earlier this month. We understand one of the council’s arguments was that the extra 700 houses were not required were not needed to meet the housing targets in the Local Plan. This is somewhat ironic as the Winchfield New Town is also not required to meet the targets. The proposed site for the new town is only a couple of hundred metres from the Pale Lane site. Yet the council is supporting the new town and opposing Pale Lane.

Of course, we hope the Pale Lane appeal fails.

We understand that the appeal hearing was adjourned, pending the results of the Local Plan examination. Apparently, both Wates and Hart Council will then be given a short period to  respond to the Pale Lane Planning Inspector.  The inspector will then make his recommendation to the Secretary of State who will decide whether to uphold or dismiss the appeal.

Quite a lot will rest on how much weight is given to the Local Plan by the Pale Lane inspector. We understand uncontentious elements will carry significant weight. Contested elements will carry no weight. So, we have to hope that the Local Plan inspector accepts the housing targets presented in the Local Plan (or lower). If he does, we can see no reason why Pale Lane should go ahead. However, if the Inspector accepts Hart’s own argument in the Local Plan that they need to plan for more houses than required, the appeal may succeed.

Hart Planning Update: Bramshill Appeal

We haven’t heard much about this, but believe some appeal hearings have been held. We have no further information on the timing of any decision.

Hart Planning Update: West of Hook Appeal

We understand the appeal will start on 19 March 2019 and will sit for up to 8 days.  More details can be found here.

Again, we hope this appeal fails. However, quite a lot depends upon the results of the Local Plan examination and the weight placed upon it at that time.

 

We will keep you up to date as more information emerges.

 

Angela Delaney’s undeclared links to Barratts under investigation

Councillor Angela Delaney fails to declare Barratts interests at meeting

Angela Delaney undeclared links to Barratts under investigation

Councillor Angela Delaney has apparently undeclared links to Barratts that have been reported to Hart Council’s monitoring officer by We Heart Hart.

[Update: Council’s response and my reply]

The complaint produces evidence to show the Community Campaign Hart councillor has significant undeclared links to Barratt Developments. Councillor Delaney declared her partner’s significant shareholding in Barratt Developments. However, her 50% ownership of the company she jointly owns with her husband was not disclosed. Nor was it disclosed that her company lists Barratts as a client.

The complaint shows that Councillor Delaney attended the recent Overview and Scrutiny Committee meeting. That meeting covered the role of the developers (which include Barratts) in the new town governance arrangements. Of course, the developers will benefit greatly if the proposal to build 5,000 houses is approved. Her links to Barratts were not declared at the meeting. It is alleged that this breaches the Hart Council Code of Conduct. The failure properly to declare her interests may also be an offence under the Localism Act.

Councillor Delaney is one of the founders of Stop Elvetham Chase. We have supported her campaign, but have always been puzzled by the contrast in Councillor Delaney’s positions. She has been strongly opposed to Elvetham Chase (aka Pale Lane) and been a passionate advocate of the Winchfield new town. Elvetham Chase is promoted by Wates. Wates is apparently not a client of her company. However, Winchfield New Town, that is adjacent to Elvetham Chase is promoted by Barratts, Gallagher Estates and Lightwood. Barratts is listed as a client of her company, St Swithins Construction.

Elvetham chase adjacent to Winchfield New Town

Elvetham chase adjacent to Winchfield New Town

The evidence in the formal complaint is reproduced below.

Angela Delaney Declaration of Interests

Councillor Delaney declared her interests in May 2018. These included her employment with St Swithins Construction.

Angela Delaney employed by St Swithins Construction

Angela Delaney employed by St Swithins Construction

Councillor Delaney also declared her partner’s significant shareholding in Barratt Developments

Angela Delaney partner owns shares in Barratt Homes

Angela Delaney’s partner owns shares in Barratt Homes

However, she failed to declare her 50% shareholding in St Swithins Construction, that lists its place of business in the District. We believe this is a technical breach of the declaration rules.

St Swithins Construction Ownership

Councillor Delaney is listed as a director of St Swithins Construction at Companies House.

Angela Delaney Director of St Swithins Construction

Angela Delaney Director of St Swithins Construction

She is also listed as holder of 50% of the shares in the company according to the most recent Annual Return, dated 2016.

Angela Delaney owns half of St Swithins Construction

Angela Delaney owns half of St Swithins Construction

St Swithins Construction Client List

However, the website of St Swithins Construction lists Barratts as a client. This indicates a far closer relationship with Barratts than has been declared.

St Swithins Construction client list includes Barratts

St Swithins Construction client list includes Barratts

This is not disclosed in her declaration of interests.

Angela Delaney participates in meeting that includes how Hart will govern relationship with new town developers

The Overview and Scrutiny meeting that took place on 16 October 2018 covered the new town governance and resourcing arrangements. The minutes of the meeting show that councillor Delaney participated in the meeting.

Angela Delaney attends Overview and Scrutiny Committee Meeting

Angela Delaney attends Hart Council Overview and Scrutiny Committee Meeting Minutes 16 October 2018

However, she didn’t declare her interests in Barratts at the meeting. Indeed, no declarations of interest were made at all.

No Interests declared at Hart Council Overview and Scrutiny Committee Meeting Minutes 16 October 2018

No Interests declared at Hart Council Overview and Scrutiny Committee Meeting Minutes 16 October 2018

The meeting covered the new town governance arrangements and Hart Council’s relationship with the developers, which of course include Barratts. The meeting also covered how the council would spend nearly £1.5m preparing for the new town. The council is also seeking support from the developers in the form of cash or people. Of course, the developers will greatly benefit if granted permission to build 5,000 houses.

Hart Council to squander £1.5m on new town planning

Hart to spend nearly £1.5m on new town planning

 

Role of developers Barratt Homes on the agenda

Role of developers including Barratt Homes on the agenda

 

Role of developers Barratt Homes on the agenda

Developers including Barratts proposed as project team members

 

Role of developers Barratt Homes on the agenda

Developers’ role including Barratts on the agenda

Consequences of failure properly to declare interests

Hart Council’s code of conduct states that councillors must disclose their interests at any meeting of the council and not participate in discussion.

Councillors must declare interests in meetings and not participate in discussion

Hart Code of Conduct. Councillors must declare interests in meetings and not participate in discussion

We believe that Councillor Delaney’s failure properly to declare her interests, together with her participation in the O&S meeting represents a breach of this code.

It may also be an offence under the Localism Act to fail properly to declare interests.

Angela Delaney's Failure properly to declare interests may be an offence

Failure properly to declare interests may be an offence

We await the results of the investigation. We will of course allow Councillor Delaney the right of reply should she choose to get in touch.

 

Developers launch Owens Farm appeal

Developers launch Owens Farm Appeal at Hook, Hart District, Hampshire

Developers launch Owens Farm appeal

We are sad to report that Wilbur Developments have launched an appeal against Hart’s decision to refuse permission to build on Owens Farm, Hook.

Hart announced their decision on 20 June. The decision to refuse planning permission can be found here.

The main reasons given were:

  • Outside Hook settlement boundary
  • Lack of sustainable transport options for the high number of extra cars
  • Within 7km of the Thames Valley Heath SPA
  • No legally binding obligation to provide affordable housing

The developer’s appeal case can be found here, or by searching on Hart’s public access site for reference 17/02317/OUT. The planning inspectorate number is APP/N1730/W/18/3206951 and can be found here.

Owens Farm Appeal APP/N1730/W/18/3206951

Owens Farm Appeal APP/N1730/W/18/3206951

The main arguments in their appeal are:

  • Planning policies out of date
  • They have put forward sustainable transport solutions to upgrade footpaths, cycle-paths and contirbute to the the bus service between Hook, the site and Basingstoke
  • Provision of SANG

Statements have to be made to the Inspector by 11 September 2018.

Impact of Owens Farm Appeal

Given that the date for submissions fals well after the submission deadline for the Pale Lane (Elvetham Chase) appeal, we strongly suspect the Owens Farm Appeal hearing will be well after the Pale Lane Appeal hearing of 8 January 2019. Both dates are after the anticipated examination of the Hart Local Plan.

We therefore hope the Local Plan can be made sound (with the removal of Winchfield new town) and the Owens Farm appeal will be refused.

 

 

 

 

Hart Local Plan Examination Update

Hart Local Plan Examination

Hart Local Plan Examination Update

It looks like quite a lot has been going on in relation to the Hart Local Plan examination. We have updates on:

  • Timing of the Hart Local Plan examination hearings
  • Early stage procedures for the Hart Local Plan examination
  • National Planning Policy Framework (NPPF) applying to the examination
  • Impact on Pale Lane (aka Elvetham Chase) appeal

Timing of the Hart Local Plan Examination hearings

Back in June, Hart Council briefed the Parish Councils about the Hart Local Plan examination. The full briefing can be found on the download below. They set the expectation that the Local Plan examination would start in late September and last 2-3 weeks.

Hart Local Plan Examination Briefing 12 June 2018 - Hearing Sessions

Hart Local Plan Examination Briefing 12 June 2018 – Hearing Sessions

We have been in touch with the Programme Officer, a man called Ian Kemp, who can be contacted here. He tells us that he has:

Provisionally scheduled hearings during the weeks of 19/11 and 3/12.

So, the examination is going to be 2 months later than Hart’s estimate.

Early stage procedures for the Hart Local Plan examination

In the June briefing Hart said that the Planning Inspector would issue a note in mid-July explaining the role of the Programme Officer and the status of any modifications to the Local Plan. This note was also to cover the timetable for submitting additional material and how the hearing sessions would work.

Hart Local Plan Examination Briefing 12 June 2018 - Timetable

Hart Local Plan Examination Briefing 12 June 2018 – Timetable

Ian Kemp tells us that he is:

Required to contact all representors six weeks prior to the start of the Examination to relay the details and arrangements. For the moment, the Inspector is in the early stages of his preparation.

So, it looks like we won’t know more details about how the Examination will be conducted around the beginning of October.

NPPF Framework applying to the Hart Local Plan examination

The revised National Planning Policy Framework has been released recently. Fortunately, it contains clause 214 that says:

Policies in the previous Framework will apply for the purpose of examining plans, where those plans are submitted on or before 24 January 2019.

This means that the Hart Local plan will be examined under the old framework. This might be mixed news. On the plus side, they won’t be examined on policies they didn’t know about when they were preparing the plan. On the negative side, it may well mean that the housing numbers that will apply to the examination will be those in the SHMA (8,022 or 382 dwellings per annum or so over the period 2011-2032), rather than the new figures in the Government consultation.

As a reminder, the Government figures were for 292 dpa, which results in a total of 4,672 over the shorter planning period of 2016-2032. However, Hart decided to increase this to 388dpa over the same period. We suspect the housing numbers will become a big debating point in the examination.

Impact on Pale Lane (Elvetham Chase) Appeal

The Pale Lane (Elvetham Chase) appeal hearing has been scheduled to being on 8 January 2019. This date in contained in a new schedule published on the planning inspectorate website, that can also be found here.

Pale Lane Appeal details APP/N1730/W/18/3204011

Pale Lane Appeal details APP/N1730/W/18/3204011

On the face of it, this looks like good news as it seems most likely to us that the appeal will not be upheld. Assuming the Local Plan is found to be sound in December 2018, and Pale Lane is not on the list of approved sites, then we cannot see how the inspector can uphold the appeal. However, if the Hart Local Plan examination finds the plan unsound, then Pale Lane may go ahead.

 

Hart Local Plan Submission Briefing

Parish Council demolishes Winchfield new town plan

Figure 6 Winchfield New Town Summary of Key Findings

Winchfield new town area not suitable for large scale development

The Parish Council have demolished plans for the proposed Winchfield new town in their submission to the Hart Local Plan Regulation 19 consultation. The have produced a 690-page report that can be found here. Their main conclusions about Policy SS3 that calls for the new town to be built in the area of search are (our emphasis):

Our review of the available technical evidence, with STR005 released only through a FOI request, demonstrates the highly constrained nature of the AoS, and the significant environmental and infrastructure issues that need to be overcome. A Site Appraisal prepared by Michelle Bolger Expert Landscape Consultancy is provided and this demonstrates that the AoS is significantly constrained and concludes that little land exists within the AoS which could be considered suitable for large scale residential development. We flag up the complete failure of the Draft Plan to identify the key infrastructure necessary for the provision of a new settlement, or indicate how it will be provided, by whom and when. Given the complete lack of any detailed evidence demonstrating that a new settlement is either deliverable or viable, we do not see how provision can be made for it within the Draft Plan.

Winchfield New Town Expert Evidence

The expert evidence from Michelle Bolger is a joy to behold. Her much shorter report can be downloaded from the link below, together with the appendix that contains the wonderful graphics depicting all of the constraints on the area of search.

The final summary is shown on the image above. This summarises the findings of the whole report in relation to the various sites that have been put forward, concluding (emphasis mine):

All of the sites are significantly constrained and the vast majority of the area of search (AoS) south of the M3/Railway is considered to be unsuitable for large scale development (i.e. it would cause severe landscape harm that would be difficult to remedy or mitigate)…

Land within the north-western parts of the AoS…are also significantly constrained. Development here could not occur without harm to the local countryside character and this would also impact upon the character and enjoyment of the Public Right of Way network. Development may also result in visual coalescence between Hartley Wintney and Hook.

Overall this appraisal finds that the AoS identifies a landscape that is highly unsuitable for large scale residential development. The new settlement envisaged by draft policy SS3 would result in significant landscape and visual harm and be at risk of harming components within the landscape which hold high landscape, amenity, ecological and heritage value.

The build up to the final conclusion starts with the area of search:

Figure 1 Winchfield New Town Area of Search and Context

Figure 1 Winchfield new town Area of Search and Context

It then goes on to show Hart’s own landscape capacity study which shows that most of the area has low or low/medium capacity. The only area with medium/high capacity is the proposed Elvetham Chase (Pale Lane) site and it’s westward extension towards Winchfield. The Murrell Green area is shown as Medium capacity. However, this was decided before the Major Accident Hazard gas pipeline was discovered by Hart Council.

Figure 2 Winchfield New Town Landscape Capacity Study

Figure 2 Winchfield Landscape Capacity Study

The paper then goes on to identify the constraints in the area of search, starting with areas designated as SSSI’s, SINCs, tree preservation orders, ancient woodland, and listed buildings.

Figure 3 Winchfield New Town Key Constraints Designations

Figure 3 Winchfield New Town Key Constraints Designations

Then other constraints such as visual sensitivity, flooding, footpaths, unavailable land, landfill, narrow bridges, high voltage transmission lines and the gas pipeline are added:

Figure 4 Winchfield New Town Key Constraints Assessment

Figure 4 Winchfield Key Constraints Assessment

Then all of the constraints are brought together on one diagram, showing just how little land exists within the AoS that could be considered suitable for large scale residential development.

Figure 5 Winchfield New Town Key Constraints Composite

Figure 5 Winchfield Key Constraints Composite

 

All of this report is drawn from pre-existing material. One wonders why Hart Council is continuing to promote such a daft idea. Certainly, £50K is not going to cover costs of putting together a robust Winchfield new town master-plan to fulfill all of their magical promises to turn horses into unicorns. We shall see what the inspector makes of this.

The report and appendix can be downloaded here:

Winchfield Site Appraisal
Winchfield Site Appraisal Appendix