Michael Rhimes successfully represented Buckinghamshire Council in a six day appeal against the refusal to grant outline planning permission for up to 93 homes. It was common ground between the parties that there was a lack of five year housing land supply (paras 12 and 63). The Inspector considered that the proposal was inconsistent with the spatial hierarchy, which sought to avoid development in the open countryside outside settlement boundaries (para. 66 – 67) and would result in landscape and visual harm (para. 68). He found the proposal contrary to the local development plan as a whole, and material considerations did not justify granting planning permission (para. 70). In addition, the Inspector would have, in any event, have dismissed the appeal on the ground of adverse impacts on the integrity of the Beechwoods Special Area of Conservation, such that the test for granting planning permission under the Habitats Regulation was not met. The proposed Sustainable Alternative Natural Greenspace (designed to absorb recreational pressure from the development) – in this case Kingsbrook SANG – was not certain to come forwards. Kingsbrook SANG had not been granted planning permission, but was at reserved matters stage; there was an extant objection from the Environment Agency; and it was being brought forwards third party developer and not the Council itself (para. 49). The “rigorous test” in the Habitats Regulations was not met (para. 52) because of “a range of factors” including technical matters yet to be overcome in the planning process (para. 55). The decision can be found here: https://lnkd.in/gHwKpxRr #PlanningLaw #PlanningAppeal #Housing
Francis Taylor Building’s Post
More Relevant Posts
-
Honoured to get this letter from my MP James Naish today, who mentioned my original audit of new developments in a Westminster Hall debate on the responsibilities of housing developers back in December. For this audit I looked only at compliance with ecological conditions (and excluded landscaping due to the overlap it has with public amenity) across a range of developments, including a new car park and school. The compliance rate with these (measurable) conditions was 26%. This turned out to be the precursor for the much larger in scope Wild Justice report, which found similar levels of compliance amongst the categories I had looked at. As touched on in the Wild Justice report, without effective LPA monitoring and enforcement, things are unlikely to improve. The significant increase in workload as a result of BNG has not resulted in any significant extra funding for planning teams, many of whom were already under-resourced. For smaller sites in particular, where no S106 is in place, where will the money for this ever increasing monitoring and enforcement burden come from? Smaller sites will also be significantly trickier to deal with in terms of ensuring compliance with gain plans/HMMPs, as many will have had unrealistic habitat creation schemes proposed/approved to get the 10% gain on site. No amount of enforcement is going to ensure that a narrow strip of ‘other neutral grassland’ in good condition happens under a load of trees and next to a hedgerow (which is a popular theme). These two things are significant obstacles to overcome in order for BNG in its current form to be successful in delivering meaningful net gain on the ground.
-
-
What is it that sets us apart and drives the success of our projects and services? The answer lies with the talented CSA Environmental team and the close and effective working relationship between our disciplines, the wider consultant team and with our client. A case study for this is the support we gave to Gladman Developments earlier this year that led to appeal success and planning permission for 95 homes in Brayton, Selby. CSA were closely involved throughout the process, supporting the original planning application with multi-disciplinary inputs including ecological, landscape, heritage and masterplanning. Through consultations with the local authority and other parties, CSA were active in trying to resolve the council’s concerns during determination. However, four reasons were refusal were ultimately set out, including a concern that the development would result in the deterioration of irreplaceable habitat due to increased recreational pressure upon existing ancient woodland at Brayton Barff SINC. CSA’s Managing Director Aidan Marsh, provided ecological evidence at the inquiry. CSA were proactive in engaging with ecological consultees to identify appropriate mitigation to protect Brayton Barff and a Mitigation Strategy was developed. In evidence, it was shown that only a very small number of additional visitors would arise from the appeal scheme. The inspector accepted that new accessible circular walking routes to be provided across land adjoining the proposed development would provide alternative scope for outdoor recreation and would offset any residual increase in visits to Brayton Barff. To learn more about our projects across all our services, visit: https://lnkd.in/ebd98DBA #expertwitness #ecology #planning #appeal #newhomes #mitigation
-
-
RURAL SUBDIVISION FAQs Our planning team get a lot of queries about rural subdivision and lifestyle properties. Finding out your (Auckland) rural land holds hidden potential is a big win-win for land owners and the environment alike. 🌲🌳🏡 Our new blog gives you the answers to questions like: - What is a Transferable Rural Subdivision (TRS)? - What options does MY land offer ME? - How will it impact the existing community? - What are the rural zones under the Auckland Unitary Plan? - How do I get started? https://lnkd.in/ga-Bn5MF #rurallife #kumeu #aucklandrealestate #subdivision #lifestyleproperty #aucklandunitaryplan #coatesville #riverhead
-
We have an update on this story in PerthNow Local Newspapers for you and GREAT NEWS for large trees in Bassendean💚🌳💚 The Bassendean Local Planning Scheme No. 11 was gazetted this week WITHOUT a proposed provision that tree removal was to be exempt from requiring development approval, unless it was on a self-nominated Significant Tree Register. Thankfully the Minister for Planning chose not to proceed with that one. This means that the Town of Bassendean can now proceed with a proposed local planning policy to protect trees on private property. We have a Canopy Crisis so we hope the Bassendean Council will progress this ASAP. We are very pleased that others Council are also progressing Tree Retention Local Planning Policies in line with the WA Local Government Association (WALGA) template. Is yours??? Let us know. Cr.Karen Wheatland Helen Sadler Basil Zempilas Emily Wilding Serena Williamson GAICD CA Peter Melrosa Ryan Brown Lynn MacLaren Dawn Jecks Filomena Piffaretti Chilla Bulbeck Georgie Carey Alison Xamon Fiona Argyle Margaret Thomas #CanopyCrisis #treeprotection #urbanforest #resilientcities #liveablecities #healthycities #climateadaptation #WATCA #localplanningpolicy #treeretention
-
🎉 APPEAL ALLOWED FOR UP TO 30 HOUSES IN BRAUNSTON-IN-RUTLAND! 🎉 We are delighted to announce that our appeal was allowed this morning granting permission for the development of up to 30 dwellings at Brooke Road, Braunston-in-Rutland. The Inspector concurred with our arguments that the locational development plan policies did not recognise the intrinsic character and beauty of the countryside and were based on outdated housing requirements. He also agreed that, as there had been a reliance on unallocated countryside sites to meet the housing requirement, were housing only approved in line with the constraints set out by policies CS4, CS9 and SP6, the Council would have been (and will continue to be) unable to deliver its required housing numbers. Polices CS4, CS9 and SP6 therefore run contrary to the Framework’s objective at paragraph 60 of significantly boosting the supply of homes and are out of date. In finding no harm to the conservation area or landscape setting he allowed the appeal which also delivers: 40% Affordable Housing; 2 Self-Build/Custom Dwellings; a 10% Biodiversity Net Gain; and support for the local economy and infrastructure. #PlanningSuccess #CommunityDevelopment #AffordableHousing #Biodiversity #SustainableDevelopment #UKHousing #HousingPolicy
-
Award winning designer | Chartered Architect | Managing Director | vestar* architecture + design
It's fantastic to see another project gain planning approval, well done to all involved! vestar* architecture + design #planning #carehome #carehomedesign #planningapproval #architecture #planningsuccess #construction #development
👏 Planning Approved in Kidderminster! We are delighted to share that planning has been granted for an 80-bedroom care home on a brownfield site located off Clensmore Street, Kidderminster. This new development will offer a unique waterside location just 500 meters north of the town centre and provide much-needed care facilities to meet the demands of the aging population. _____ Steve Bourne, Technical Director at Muller Property Group, said: "We’re delighted to have gained planning on this site. We worked collaboratively with Wyre Forest District Council, planning Case Officer, and key stakeholders, including the Canal & Rivers Trust, Conservation Officer, and Highways Officer, during the planning application consultation. This positive engagement resulted in a scheme that gained the full support of the Council, with the Case Officer’s report recommending approval, and councillors unanimously endorsing the project at the committee meeting.” For future care home opportunities, please contact Julie Doherty. _____ With thanks to all our consultants on this project for their professional assistance with this application: Steve Shields (Shields) Martin Smith, Josh Mould (Vestar) James Porter (Midland Ecology) John Jamieson (Focus Environmental) Ian Owen (Active Energy Assessors) Richard Nicholas (Betts Hydro) Mark Gill (Georisk Management) Richard Hayman (Heritage) Tim Rose (Mewies Engineering Consulting) Jane Whiteley (Trevor Bridge Associates) Lee Faulkner (E3P) Barrie Davies, Llinos Hallett (Asbri Planning) Paul J. (Castle Surveys) Nigel Newton Taylor (Healthcare Property Consultants) #CareHomeDevelopment #CareHome #Kidderminster #PlanningApproval #ElderCare #SeniorLiving #CommunityDevelopment #DementiaCare
-
-
Bulilima Rural District Council Master Plan (October 2024): "The Bulilima Rural District Master Plan has been prepared in accordance with Part IV of the Regional,Town and Country Planning Act, Chapter 29:12, Revised Edition 1996 read with the Regional Town and Country Planning (Master and Local Plans) Regulations, 1977. This is also supported by a number of regulations, including: The Rural District Councils Act (Chapter 29:13), the Communal Land Act (Chapter 20:04), the Environmental Management Act (Chapter 20:27), the Parks and Wildlife Act (Chapter 20:14), the Forest Act (Chapter 19:05), the Traditional Leaders Act (Chapter 29:17), the Museum and Monuments Act (Chapter 25:11), the Land Acquisition Act (Chapter 20:10), the Public Health Act (Chapter 15:17), the Roads Act (Chapter 13:18), the Water Act (Chapter 20:24) and the Constitution of Zimbabwe (2013). The preparation of the Master Plan required the study of the planning area and analysis of existing conditions, the opportunities, potentials, and constraints of the planning area in terms of development. The master plan aimed to analyse trends and identify key development issues. The Written Statement, which was the second stage of the Master Plan preparation process, established a comprehensive strategy for the Bulilima district and outlined more specific strategies, policies, and proposals for the duration of the Master Plan. The Master Plan as such is not static but will require the regular monitoring and review of the policies and aims during the 10 to 15-year planning period."(Source: page 3 of the Executive Summary) Sources: Executive Summary = https://lnkd.in/dwSe4nTJ? Master Plan Land Use Map = https://lnkd.in/db2nZ9wD? Master Plan Proposals Map = https://lnkd.in/dD7bfYN6? Written Statement = https://lnkd.in/daYdjcmn? Report of Study = https://lnkd.in/dmp2dpbw?
-
Tree laws have changed to protect Adelaide's tree canopy coming into effect immediately 📣 The South Australian Government is taking immediate action to better protect Adelaide’s urban tree canopy. Taking immediate effect, the new regulations will protect trees with a smaller trunk circumference. Key Facts: 🌳 The trunk size for regulated trees will be reduced from two metres to one metre, while significant trees will go from three metres to two. 🌳 Exemptions for trees based on distance from homes and pools have also been reduced 🌳 Fees for destroying or removing protected trees will also increase 🌳Existing development applications and approvals will have 12 months to be actioned before being impacted by these changes For more information about this could affect you visit the Plan SA website 👉 https://ow.ly/NEFH50RQohy
-
Bulilima Rural District Council Master Plan (October 2024): "The Bulilima Rural District Master Plan has been prepared in accordance with Part IV of the Regional,Town and Country Planning Act, Chapter 29:12, Revised Edition 1996 read with the Regional Town and Country Planning (Master and Local Plans) Regulations, 1977. This is also supported by a number of regulations, including: The Rural District Councils Act (Chapter 29:13), the Communal Land Act (Chapter 20:04), the Environmental Management Act (Chapter 20:27), the Parks and Wildlife Act (Chapter 20:14), the Forest Act (Chapter 19:05), the Traditional Leaders Act (Chapter 29:17), the Museum and Monuments Act (Chapter 25:11), the Land Acquisition Act (Chapter 20:10), the Public Health Act (Chapter 15:17), the Roads Act (Chapter 13:18), the Water Act (Chapter 20:24) and the Constitution of Zimbabwe (2013). The preparation of the Master Plan required the study of the planning area and analysis of existing conditions, the opportunities, potentials, and constraints of the planning area in terms of development. The master plan aimed to analyse trends and identify key development issues. The Written Statement, which was the second stage of the Master Plan preparation process, established a comprehensive strategy for the Bulilima district and outlined more specific strategies, policies, and proposals for the duration of the Master Plan. The Master Plan as such is not static but will require the regular monitoring and review of the policies and aims during the 10 to 15-year planning period."(Source: page 3 of the Executive Summary) Sources: Executive Summary = https://lnkd.in/dwSe4nTJ? Master Plan Land Use Map = https://lnkd.in/db2nZ9wD? Master Plan Proposals Map = https://lnkd.in/dD7bfYN6? Written Statement = https://lnkd.in/daYdjcmn? Report of Study = https://lnkd.in/dmp2dpbw?
-
Bulilima Rural District Council Master Plan (October 2024): "The Bulilima Rural District Master Plan has been prepared in accordance with Part IV of the Regional,Town and Country Planning Act, Chapter 29:12, Revised Edition 1996 read with the Regional Town and Country Planning (Master and Local Plans) Regulations, 1977. This is also supported by a number of regulations, including: The Rural District Councils Act (Chapter 29:13), the Communal Land Act (Chapter 20:04), the Environmental Management Act (Chapter 20:27), the Parks and Wildlife Act (Chapter 20:14), the Forest Act (Chapter 19:05), the Traditional Leaders Act (Chapter 29:17), the Museum and Monuments Act (Chapter 25:11), the Land Acquisition Act (Chapter 20:10), the Public Health Act (Chapter 15:17), the Roads Act (Chapter 13:18), the Water Act (Chapter 20:24) and the Constitution of Zimbabwe (2013). The preparation of the Master Plan required the study of the planning area and analysis of existing conditions, the opportunities, potentials, and constraints of the planning area in terms of development. The master plan aimed to analyse trends and identify key development issues. The Written Statement, which was the second stage of the Master Plan preparation process, established a comprehensive strategy for the Bulilima district and outlined more specific strategies, policies, and proposals for the duration of the Master Plan. The Master Plan as such is not static but will require the regular monitoring and review of the policies and aims during the 10 to 15-year planning period."(Source: page 3 of the Executive Summary) Sources: Executive Summary = https://lnkd.in/dwSe4nTJ? Master Plan Land Use Map = https://lnkd.in/db2nZ9wD? Master Plan Proposals Map = https://lnkd.in/dD7bfYN6? Written Statement = https://lnkd.in/daYdjcmn? Report of Study = https://lnkd.in/dmp2dpbw?
