Response from Mr & Mrs Gareth and Joy Brown (Individual)
1. Mr & Mrs Gareth and Joy Brown (Individual) : 9 May 2012 11:22:00
A typed or handwritten document was submitted. This has been scanned and can be downloaded below:
Policy/Site No.
LA1.1 Development Boundaries- BURTON-IN-KENDAL
1.1 Do you consider that the South Lakeland District Council Land Allocations DPD is legally compliant?
No
1.2 If NO please identify which test of legal compliance your representation relates to by selecting the relevant option(s) below and completing section 1.3.
The processes of community involvement in developing the DPD are not in general accordance of the Statement of Community Involvement (SCI)
1.3 Please give details of the change(s) you consider necessary to make the South Lakeland District Council Land Allocations DPD legally compliant, having regard to the test you have identified at question 1.2 above.
It would be helpful if you could state your proposed change to the DPD and the reasons why you think it is necessary.
No consultation re changes
Local Development Framework- RN319 Burton in Kendal
Further to my recent telephone conversation with a member of your Department (Alistair)
regarding that our land allocation request has been amended without prior consultation
with myself.
2.1 Do you consider that the South Lakeland District Council Land Allocations DPD is sound?
No
2.2 If NO please identify which test of soundness your representation relates to by selecting the relevant option(s) below and completing section 2.3.
The DPD is not justified in that it is not founded on a robust and credible evidence base and/or is not considered the most appropriate strategy when considered against the reasonable alternatives.
2.3 Please give details of the change(s) you consider necessary to make the South Lakeland District Council Land Allocations DPD sound, having regard to the test you have identified at question 2.2 above.
It would be helpful if you could state your proposed change to the DPD and the reasons why you think it is necessary.
Re-instate RN319 building line as previously submitted
Local Development Framework- RN319 Burton in Kendal
Further to my recent telephone conversation with a member of your Department (Alistair)
regarding that our land allocation request has been amended without prior consultation
with myself.
I have just received (April 12th) the Publication Stage Representation Form that I have
been asked to submit but I feel the form is not relevant to my issue and I will explain
below what the situation is.
I submitted my Garden to be included in the LDF plan as it would provide a suitable area
to build 2/3 homes in keeping with the character of Thornleigh Drive. This was duly
given the allocation number RN 319 on the map of 2011 and inspected by several
members of the Parish Council, who agreed that my idea was sound, in keeping with the
area and raised no objections.
It was noted the area was actually too small to be part of the LDF but it was agreed that
the LDF was the ideal way to extend the present building line to encompass my land.
On publication of the 2012 map RN319 had been removed altogether and the building
line had, indeed, been moved straight through the centre of the plot! (Please see Colour
Map A and Burton in Kendal and Clawthorpe 2012 Map enclosed).
I also saw online in Appendix 8 (enclosed) that my application had changed to "agreed in
part". I have not been contacted at all regarding any of these changes so I contacted your
department. I spoke to Alistair who explained a site visit had been attempted but access
could not be gained because no one was at home at the time but I was not informed of the
proposed visit. He told me the Inspector could not see all of the site due to trees planted
so the decision was taken to put the Building line before the trees, through the centre of
the site as the trees shielded the site to the east.
The trees in question we actually planted to appease the neighbours if we ever managed
to get planning permission on the site.
The present central Building Line would leave us only the option of building right in
front of their house which is quite undesirable. I request that the building line be
reconsidered and amended .
I have completed the Publication stage form as requested and have enclosed all the details
and Maps plus a CD containing an assortment of Jpeg images of the Site along with three
short Quiclctime Videos I have made, showing the area with an audio commentary to help
the viewer understand what a mistake it would be to run the building line right through
the centre of the plot.
I feel strongly that the amendments are unnecessary and would suggest the original
development request be looked at again which I feel is in line with maintaining the
character/privacy of all the residents within Thornleigh Drive and particularly preserves
the view of my neighbours at number 6 Thornleigh Drive.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
NO, I do not wish to participate at the oral examination
3.2 If you wish to participate in the oral part of the examination, please outline why you consider this to be necessary.
Only if you consider this essential
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
