8 responses from Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association
1. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 17 Apr 2012 16:30:00
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Policy/Site No.
LA1.3 Housing Allocations - M41KM KENDAL SOUTH OF LUMLEY ROAD
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.
Sustainability Appraisal has not been carried out and its baseline information and conclusions have not been used to inform the DPD
The DPD has not had regard to national policy and does not conform generally with the adopted Core Strategy and (until it is abolished) the Regional Spatial Strategy
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.
See report submitted separately by email and text below.
South Kendal Preservation Association
4.1 The SKPA is an important group, comprising a significant number of members of the local community who reside within the south Kendal area.
4.2 The Association has been established in response to the significant concerns among the members of the SKPA and the wider community regarding the development proposed for the south Kendal area in the Land Allocations DPD. More specifically, these concerns relate to the significant detrimental impact that will result from the residential development proposed for the land to the south of Lumley Road (ref. M41KM), as well as the land at Scroggs Wood (ref. E4M).
4.3 Members of the SKPA have been involved throughout the preparation of the Land Allocations DPD and have made representations opposing the development proposed for the south Kendal area as part of the previous consultation periods.
4.4 The SKPA has also coordinated the signing of a petition (see Appendix A) opposing development proposed for the south Kendal area. This petition has 390 signatures.
Detailed response and changes required to ensure legal compliance and soundness
5.1 As set out in the response to the questions above, the SKPA strongly oppose the proposed allocation M41KM on the basis that it is considered to be legally flawed and unsound. The consequence of this is that the South Lakeland Land Allocations DPD fails the following tests in respect of:
1. Soundness, as the DPD is not:
i. 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; and
ii. Consistent with national policy.
2. Legal compliance, with:
i. The DPD not having regard to national policy and not conforming generally with the adopted Core Strategy and the Regional Spatial Strategy.
ii. Sustainability Appraisal having not been carried out correctly and its baseline information and conclusions have not been correctly used to inform the DPD.
5.2 The reasoning for the Land Allocations DPD, and specifically proposed allocation M41KM, being considered to fail the above legal compliance and soundness tests relates to the following issues:
1. Impact on Landscape Character.
2. Impact on Heritage Assets and the Historic Environment.
3. Loss of important Local Green Space.
4. Local Opposition.
5. Over Allocation of Land for Housing.
5.3 The above issues are considered in more detail below.
Impact on Landscape Character
6.1 Paragraph 7 of the National Planning Policy Framework (NPPF) makes clear that, integral to the presumption in favour of sustainable development, is the environmental role that the planning system must perform. Essential to this environmental role is the need to ensure future development, contributes “to protecting and enhancing our natural, built and historic environment”.
6.2 The NPPF continues by setting out at paragraph 152 that “significant adverse impacts on any of these dimensions (economic, social or environmental) should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued. Furthermore, the NPPF sets out a requirement in paragraph 109, stating that the planning system “should contribute to and enhance the natural and local environment”, including “protecting and enhancing valued landscapes”. Paragraph 110 adds further clarity on this making clear Local Plans “should allocate land with the least environmental or amenity value”.
6.3 In line with the NPPF, at a local district wide level Policy CS1.1 (2) and (3) of the South Lakeland Core Strategy set out that it is “vital to protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value”, as well as “to take account of and enhance landscape character and features”. As part of the latter, the policy sets out that the “area’s role as a setting for and gateway to the Lake District and Yorkshire Dales National Parks should be developed”.
6.4 Building on Policy CS1.1, Core Strategy Policy CS8.2 requires new development proposals to “demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance a number of landscape and settlement characteristics including:
? The special qualities of the environment associated with the nationally designated areas of the National Parks and Arnside and Silverdale AONB including their settings;
? The special qualities and local distinctiveness of the area;
? Distinctive settlement character;”
6.5 At a local settlement level, Core Strategy Policy CS2 sets out policy requirements for future development including, to “ensure greenfield development is sympathetic to the landscape character of Kendal and to the historic character and setting of Kendal and may also need to address archaeological impacts”. This is linked to the Core Strategy vision for Kendal tomorrow (paragraph 3.30), which states that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town”.
6.6 The clear policy requirement that future development proposed in the South Lakeland Allocation DPD minimises and, where possible, results in no impact on landscape character is evident from the above. This is a fundamental planning principle which has remained unchanged for a number of years, and was made clear by the Inspector as part of the previous Examination of the South Lakeland Local Plan, prior to its adoption in 1997. More specifically, the Inspector considered the proposed allocation of the land to the south of Lumley Road for residential development, incorporating the current proposed allocation M41KM, and rejected this on the grounds of landscape and visual impact (see extract from Inspector’s Report at Appendix B). Of note from the decision were Inspector’s conclusions as follows:
1. “The Council concedes that the site is prominent from both the A591 to the west and the A6 to the east, and refers to its ‘shop window’ location’”.
2. “From the south via the M6, from the south-east along the A65 and from the south-west along the A590, this is clearly the most important approach to Kendal. The visitor’s first impression is an important consideration”.
3. “I consider this (the soft screening to the edge of the development to the south of Lumley Road) to be a defensible boundary”.
4. “On the east side the main road (Milnthorpe Road) the development is set lower in the landscape, it is not visually prominent, and the edge follows a natural boundary at Scroggs Lane. None of these features apply to the allocation site. Rather, it is a prominent bare hillside facing south-east; it rises above the A6 road and development would dominate the approach to the town; there are no natural boundaries or vegetation to contain the development.”
5. “Because of the site’s elevation, I do not agree that the provision of a generous landscaping belt would protect views on to the site; on the contrary I believe the development would be visually intrusive in an area which, despite its proximity to the town, retains a largely rural character”
6. “I see no reason to retain the allocation in the light of the findings concerning the impact of the development of the site.”
6.7 There have been no material changes to the conclusions reached by the previous Inspector since the decision, which are considered as fundamental to the future use of the land today as they were at the time of the previous Examination. A photograph of the land to the south of Lumley Road taken from Milnthorpe Road is attached at Appendix C. This clearly demonstrates the elevation, visual prominence and landscape importance of the land.
6.8 In light of this, and as the Council has decided to again propose the land for residential development, a detailed assessment of the impact of this proposal on landscape character should have been undertaken and formed part of the evidence base and decision making process for the Land Allocations DPD.
6.9 The council relies on the Cumbria Landscape Character Assessment. However, this is a strategic document which does not consider the landscape value of specific individual sites, merely how they fit into wider landscape character areas.
6.10 Site specific consideration of the development proposals for the land to the south of Lumley Road is considered vital given the significant landscape value of the land and the previous Local Plan Inspector’s conclusions.
6.11 In response to similar concerns, Kendal Town Council commissioned Galpin Landscape Architecture to produce a Local Level Landscape Character Assessment for the whole of Kendal (dated March 2011). This document is submitted as part of the Town Council’s response to the Land Allocations DPD Publication Stage consultation. It includes an assessment of the land to the south of Lumley Road as a Limestone Fringe landscape character unit. The site specific assessment undertaken notes the following:
1. “Key Characteristics; Edge of limestone ridge with pasture and dry stone walls, open aspect joining wider landscape to edge of built form”
2. “Local Distinctiveness; Open aspect offers distant views across this area, connect with wider landscape”
3. “Views; Open views offer distant views across this area”
4. “Sensitivity; The sensitivity is medium / high. The sensitivity is high due to the adjacent landscape character unit, Limestone Pasture, of high sensitivity but become medium / high when it is nearer the existing built lower down the ridge and as the land slopes to meet Milnthorpe Road”
5. “Capacity; There is limited capacity. This is due to the continuation of the localised ridge form from behind the existing built form and elevated above this landscape character unit”
6.12 It is evident from the above that the landscape character of the land to the south of Lumley Road plays a vital role in creating an attractive gateway to both Kendal and the Lake District. Maintaining the landscape character and setting is therefore considered vital to the future attraction and success of Kendal and the Lake District as tourist destinations. Safeguarding the land to the south of Lumley Road from future development will be key to achieving this, a view which is widely held amongst the SKPA and across the wider local community.
6.13 The importance of landscape character more generally was also noted by an Inspector and the Secretary of State in a recent appeal decision (March 2012). The appeal related to the refusal of an outline planning application for a residential led mixed use development on land at Quarrendon Fields, Aylesbury, Bucks (ref APP/J0405/A/11/2155042). As part of the decision, the Inspector made clear that conflict with the development plan in terms of harmful impact on the landscape character was a major factor. Of note is paragraph 339 of the Inspector’s Report which set out the following:
“Both national and local planning policy seeks to protect the countryside from harmful forms of development and there is no reduction in protection due to proximity to the urban boundary.”
6.14 It is evident from the above that the landscape character evidence base used by the council to inform the proposed allocation of the land to the south of Lumley Road (ref. M41KM) is not robust and credible. The land is elevated, visually prominent from a wide area, and of significant landscape character sensitivity and amenity value, and consequently of major importance to the setting of the South Kendal and the southern approach to Kendal and the Lake District.
6.15 In light of the above, it is apparent that the residential development proposed by allocation M41KM will have a significant and unacceptable detrimental impact of landscape character. The allocation is contrary to NPPF and South Lakeland Core Strategy policy, which clearly demonstrates it is not the most appropriate strategy when considered against the alternatives.
6.16 Of particular note, is the Sustainability Appraisal (SA) assessment of the impact on landscape character for the allocation which has been used to inform the allocation. The assessment sets out “potential for moderate negative effect on landscape character”. However, it is considered that based on the considerations set out above, it is undeniable that this is incorrect and the SA assessment should instead be “potential for significant negative effect on landscape character”.
6.17 In light of the above, the SKPA strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted from the Land Allocations DPD, in order to prevent significant detrimental impact on landscape character, and ensure the DPD meets the tests of legal compliance and soundness.
Impact on Heritage Assets and the Historic Environment
7.1 The NPPF makes clear at paragraph 7 that “protecting and enhancing our natural, built and historic environment” is fundamental to the “presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking” (paragraph 14). Accordingly, the NPPF sets out that “significant adverse impacts on the historic environment and assets should be avoided” (paragraph 152).
7.2 Integral to this are the NPPF requirements that:
? “Planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment” (paragraph 61); and
? “Local Plans should…identify land where development would be inappropriate, for instance because of its environmental or historic significance” (paragraph 157).
7.3 In addition to the national planning policy set out above, the South Lakeland Core Strategy sets out protection for heritage assets at a local district wide level. More specifically, Core Strategy Policy CS1.1 (4) makes clear the “need to safeguard the essential character and appearance of those buildings and sites that make a positive contribution to the special architectural or historic interest of the area”.
7.4 With respect to Kendal itself, Core Strategy Policy CS2 aims to “safeguard and enhance buildings, sites and areas of heritage and cultural importance” and “ensure greenfield development is sympathetic to…the historic character and setting of Kendal and may also need to address archaeological impacts”. Linked to this is the Core Strategy for Kendal tomorrow set out at paragraph 3.30, which includes that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town”.
7.5 Core Strategy Policy CS8.6 adds further weight to the heritage asset protection set out above by offering support for a number of provisions including:
? “The safeguarding and, where possible, enhancing of historic environment assets, including their characteristic settings and any attributes that contribute to a sense of local distinctiveness. Such assets include listed buildings and features (both statutory and locally listed), conservation areas, scheduled ancient monuments and registered parks and gardens.”
? “Actions that will ensure the proper conservation of all heritage assets, giving particular priority to those identified as being at risk”
? “The safeguarding and, where possible enhancement of, locally important archaeological sites and features within the historic environment”
7.6 In light of the heritage protection policy set out above, English Heritage has stated as part of the Land Allocations consultation response that the local planning authority should to draw attention to any sites where any impact upon the historic environment, heritage assets or their settings is anticipated.
7.7 Helsington Laithes is identified in figure 22 of the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as a historic, small nucleated settlement, located immediately to the south of the proposed allocation of the land to the south of Lumley Road (M41KM). It includes the Grade II* Listed Helsington Laithes farmhouse, the Grade II* Listed Bridge carrying drive to north-east of Helsington Laithes farmhouse and the Grade II Listed Bridge carrying farm road to north-east of Helsington Laithes farmhouse. An integral feature of these heritage assets and the historical character of the Helsington Laithes settlement is their historic rural setting (as a farm) surrounded by open, undeveloped land.
7.8 The proposed allocation and subsequent development of the land to the south of Lumley Road, would have a significant impact on the listed buildings and bridges at Helsington Laithes, as well as the character of the small nucleated settlement itself by transforming their rural setting to one of urban development. There appears to be no detailed assessment of the heritage impact of the proposed allocation undertaken, as part of the evidence base to inform the Land Allocations DPD SA and decision to allocate the land.
7.9 In addition, the land to the south of Lumley Road itself is identified in the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as forming part of an ancient enclosure (figure 22), which is likely to be medieval in origin. The land is also specifically recorded as an enclosure on the Database GIS as Historic Environment Record / Sites and Monument Record (no. 3631).
7.10 It is clear from the above, that the land to the south of Lumley Road itself is of historical and archaeological interest, and therefore a heritage asset in its own right. Again the likely heritage impact of the proposed development has not been assessed in any detail as part of the evidence base to inform the Land Allocations DPD SA and decision to allocate the land.
7.11 In light of the above, the residential development proposed by allocation M41KM is likely to have a significant and unacceptable detrimental impact on heritage assets and the historical environment both forming part of the land, as well as the setting of those located adjacent to it. In particular, the development will transform the rural setting which is an integral part of the historic interest of the adjacent listed buildings and structures, as well as the small, nucleated settlement of Helsington Laithes itself, to one of urban development.
7.12 This is contrary to NPPF and South Lakeland Core Strategy policy, and is also not considered to be the most appropriate strategy when considered against the alternatives. In respect of the latter, the heritage impact of the proposed allocation is also not reflected in the Land Allocations DPD SA, which assesses the effect on the built environment (including heritage assets) and has been used to inform the decision to allocate the land to the south of Lumley Road. The SA assessment is “Moderate potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”. This assessment does not reflect the true extent of the heritage impact likely to result from the development proposed by the allocation, and should therefore be revised to “Significant potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”.
7.13 The SKPA therefore requested that allocation M41KM be deleted from the Land Allocations DPD in order for it to meet the tests of legal compliance and soundness, by avoiding the resulting significant impact on heritage assets and the historic environment.
Loss of important Local Green Space
8.1 Avoiding significant impact on the natural environment is a fundamental requirement of the NPPF (paragraph 152). Linked to this, is the provision in the NPPF which sets out that “local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them” (paragraph 76), in order to protect them from future development. Paragraph 77 provides further clarity that such “Local Green Space” designations should only be used:
? “where the green space is in reasonably close proximity to the community it serves;
? where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife; and
? where the green area concerned is local in character and is not an extensive tract of land.”
8.2 At a local level, Core Strategy Policy CS2 sets out a number of aims for the future development of Kendal, including:
? “The safeguarding and, where possible enhancement of, locally important archaeological sites and features within the historic environment”
? “Improve local green infrastructure, including parks, green spaces and allotments.”
? “Designate (as required) a series of green gaps to prevent the coalescence of individual settlements and thereby protect their individual character and setting.”
8.3 Linked to this is the Core Strategy vision for South Lakeland in 15 years time set out at paragraph 1.37. This states that “Towns and villages have been kept distinct from one another by protecting important green gaps”. Further guidance on the designation of green gaps is given in Policy CS8.2 sets out that “land will be identified in the Allocations of Land DPD as forming a green gap where, if developed it would cause or add to the risk of future coalescence of two or more individual settlements between which it is important to retain a distinction”. The policy continues that Green Gaps should:
? “Contribute to maintaining a settlement’s identity, landscape setting and character;
? Comprise predominantly open land maintaining an ‘open’ aspect;
? Where possible afford recreational and biodiversity opportunities.”
8.4 In light of the above, the Land Allocations DPD identifies both Green Gaps and Open Space across the South Lakeland District. This includes the proposed allocation of land as Amenity Open Space. The definition of Amenity Open Space is land “which is not accessible to the public but which nonetheless has amenity value because of its openness, appearance or landscape quality” (paragraph 2.63).
8.5 As set out above, the land to the south of Lumley Road is of significant value in terms of its contribution to landscape character and historical interest. The land also plays a vital role in preventing the coalescence of Kendal with the historic, rural and small nucleated settlement of Helsington Laithes to the south (identified in figure 22 of the Cumbria Historic Landscape Characterisation Database Guide, July 2009). Fundamental to this is the important role the green space plays in maintaining the rural setting of the settlement and its heritage assets and historic environment.
8.6 After considering the above, it is clear that the land to the south of Lumley Road qualifies as both a Green Gap, in line with the guidance set out in Core Strategy Policy CS8.2, and also Amenity Open Space, in line with paragraph 2.63 of the Land Allocation DPD. More specifically, as a Green Gap, the resulting safeguarding of the land from future development will:
1. Prevent the risk of future coalescence of Kendal and Helsington Laithes.
2. Assist in maintaining the identity, landscape setting and character of both Kendal and Helsington Laithes.
3. Comprise predominantly open land maintaining an ‘open’ aspect.
8.7 In addition, given the significant amenity value of the land to the south of Lumley Road resulting from its openness, appearance and landscape quality of the land, it also meets the Land Allocations definition of Amenity Open Space.
8.8 In light of the above, the proposed allocation of the land to the south of Lumley Road for residential development (M41KM) would undoubtedly result in the loss of important green space which plays a vital role as a Green Gap and Amenity Open Space. More specifically, the development proposed would result in the loss of open land and the coalescence of both Kendal and Helsington Laithes, including the identity, historic interest, landscape setting and character of these settlements. This is recognised in the Land Allocations DPD SA i.e. “Development of the site will cause the coalescence of settlement”. The proposed residential allocation is therefore strongly opposed by the SKPA and wider local community and not considered to be the most appropriate strategy, particularly in light of the resulting contradiction of national and local policy.
8.9 The SKPA therefore request that the proposed residential development allocation of the land to the south of Lumley Road be deleted and either, reallocated as a Green Gap and / or Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves as local green space, and ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
Local Opposition
9.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “(e)arly and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
9.2 “A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
9.3 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the Land to the south of Lumley Road. This has included members of the SKPA.
9.4 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the petition organised by the SKPA which includes 390 signatories from the local community who are in opposition to the proposed allocation (M41KM), given the vital role it plays as green space in safeguarding landscape character, as well as heritage and other environmental interests, both within and surrounding the site.
9.5 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
Over Allocation of Land for Housing
10.1 The NPPF sets out a number of provisions at paragraph 47 in respect of ensuring local planning authorities set out a significant supply of housing, including through the use of:
“their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period”
10.2 Core Strategy Policy CS1.2 explains in broad terms how much new housing will be built across South Lakeland and where. The ambition is to deliver 400 dwellings per year between 2003 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
10.3 Kendal housing requirements to 2025 are set out in Table 1B of the Land Allocations DPD, with these calculated to be 1,961 dwellings. However, the allocations proposed in the Land Allocations DPD for Kendal equates to 2,185 dwellings. These allocations represent a 10% increase on the requirement for Kendal, 38% of total requirement for South Lakeland (5,778) and 36% of total allocations for South Lakeland (6,085).
10.4 In addition to this, Policy LA1.4 of the Land Allocations DPD proposes land at Appleby Road and Burton Road in Kendal as further broad locations to meet long term housing needs.
10.5 In respect of the proposed allocation of the land to the south of Lumley Road (M41KM), Policy LA1.3 sets out that the land has an estimated capacity of 122 dwellings on 4.64 ha (26.3 dwellings per hectare).
10.6 As set out in more detail above, the proposed allocation of the land to the South of Lumley Road for residential development is not in line with the vision of the local community and will have significant detrimental impacts in terms of impacts on landscape character and heritage assets, as well as result in the loss of important local green space. The deletion of the allocation is therefore needed in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
10.7 The proposed deletion would result in a reduction of the land allocated for residential development in Kendal from 2,185 dwellings to 2,063. This still represents 5% above the total requirement for Kendal to 2025 set out in Table 1B (1,961 dwellings) and is considered a sufficient over allocation, particularly given the additional areas identified in Kendal as broad locations to meet long term housing needs. It would also still be in line with the Core Strategy requirement that 35% of housing development proposed across South Lakeland be provided in Kendal.
10.8 The reduced number of houses allocated for development in Kendal sought by the SKPA would also assist overcoming the concerns raised by the following organisations:
1. United Utilities in terms of the capacity of the Kendal Wastewater Treatment Works (WwTW).
2. Cumbria County Council (Education Authority) regarding the capacity of schools in Kendal.
3. The Highways Agency in terms of cumulative impact of the development proposed in Kendal.
10.9 Further to this, of particular note are the following:
1. The uncertainty as to the feasibility of the works needed to increase the capacity of the Kendal WwTW and United Utilities resulting advice that the number of new houses in Kendal should be reduced.
2. The significant concerns relating to the major development proposed along Milnthorpe Road, to the south of Kendal, as this road already backs up to the A591 at peak times and cannot accommodate the massive increase in vehicle movements that such development, in this location, would create.
Conclusion
11.1 In reflection of the considerations set out above, it is undeniable that the proposed allocation of the land to the south of Lumley Road for residential development (M41KM) will result in a significant and unacceptable impact on landscape character, heritage assets and the historic environment, as well as the loss of important local green space which will result in the coalescence of Kendal and Helsington Laithes. As a result of these and other considerations, the proposed allocation is opposed by and not in line with the vision of the local community for the future use of the land.
11.2 Of particular note is the fact the land forms an integral part of the gateway to Kendal and the Lake District and is elevated and visually prominent from the surrounding roads and wider area, including the Lake District National Park. The development proposed will therefore inevitably be visually intrusive and destroy the rural and historical character and setting of South Kendal and Helsington Laithes.
11.3 These considerations are not accurately reflected in the SA assessment used to inform the proposed allocation of the land to the south of Lumley Road. Accordingly, the significant negative impacts in terms of landscape character, built environment, coalescence, the development of greenfield land, coupled with the other negative impacts in terms of air quality and water supply should be noted. Together these are considered to outweigh other sustainability considerations and used to inform the proposed allocation.
11.4 In light of the above, it is clear that the proposed allocation M41KM is contrary to national and local policy, not founded on a robust and credible evidence base and not considered the most appropriate strategy when considered against the reasonable alternatives. It therefore fails the tests of legal compliance and soundness.
11.5 In recognition of this, the SKPA request that the proposed residential development allocation of the land to the south of Lumley Road be deleted and either, reallocated as a Green Gap and / or Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves, and ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.6 Further to the above request, it should be noted that the Land Allocations DPD over allocates land in Kendal when considered against the housing requirements. The proposed deletion of the allocation for the land would therefore not undermine, and still be in line with, the Core Strategy requirement that 35% of housing development proposed across South Lakeland be provided in Kendal.
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.
The DPD is not consistent with national policy.
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.
See report submitted separately by email and text below.
South Kendal Preservation Association
4.1 The SKPA is an important group, comprising a significant number of members of the local community who reside within the south Kendal area.
4.2 The Association has been established in response to the significant concerns among the members of the SKPA and the wider community regarding the development proposed for the south Kendal area in the Land Allocations DPD. More specifically, these concerns relate to the significant detrimental impact that will result from the residential development proposed for the land to the south of Lumley Road (ref. M41KM), as well as the land at Scroggs Wood (ref. E4M).
4.3 Members of the SKPA have been involved throughout the preparation of the Land Allocations DPD and have made representations opposing the development proposed for the south Kendal area as part of the previous consultation periods.
4.4 The SKPA has also coordinated the signing of a petition (see Appendix A) opposing development proposed for the south Kendal area. This petition has 390 signatures.
Detailed response and changes required to ensure legal compliance and soundness
5.1 As set out in the response to the questions above, the SKPA strongly oppose the proposed allocation M41KM on the basis that it is considered to be legally flawed and unsound. The consequence of this is that the South Lakeland Land Allocations DPD fails the following tests in respect of:
1. Soundness, as the DPD is not:
i. 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; and
ii. Consistent with national policy.
2. Legal compliance, with:
i. The DPD not having regard to national policy and not conforming generally with the adopted Core Strategy and the Regional Spatial Strategy.
ii. Sustainability Appraisal having not been carried out correctly and its baseline information and conclusions have not been correctly used to inform the DPD.
5.2 The reasoning for the Land Allocations DPD, and specifically proposed allocation M41KM, being considered to fail the above legal compliance and soundness tests relates to the following issues:
1. Impact on Landscape Character.
2. Impact on Heritage Assets and the Historic Environment.
3. Loss of important Local Green Space.
4. Local Opposition.
5. Over Allocation of Land for Housing.
5.3 The above issues are considered in more detail below.
Impact on Landscape Character
6.1 Paragraph 7 of the National Planning Policy Framework (NPPF) makes clear that, integral to the presumption in favour of sustainable development, is the environmental role that the planning system must perform. Essential to this environmental role is the need to ensure future development, contributes “to protecting and enhancing our natural, built and historic environment”.
6.2 The NPPF continues by setting out at paragraph 152 that “significant adverse impacts on any of these dimensions (economic, social or environmental) should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued. Furthermore, the NPPF sets out a requirement in paragraph 109, stating that the planning system “should contribute to and enhance the natural and local environment”, including “protecting and enhancing valued landscapes”. Paragraph 110 adds further clarity on this making clear Local Plans “should allocate land with the least environmental or amenity value”.
6.3 In line with the NPPF, at a local district wide level Policy CS1.1 (2) and (3) of the South Lakeland Core Strategy set out that it is “vital to protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value”, as well as “to take account of and enhance landscape character and features”. As part of the latter, the policy sets out that the “area’s role as a setting for and gateway to the Lake District and Yorkshire Dales National Parks should be developed”.
6.4 Building on Policy CS1.1, Core Strategy Policy CS8.2 requires new development proposals to “demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance a number of landscape and settlement characteristics including:
? The special qualities of the environment associated with the nationally designated areas of the National Parks and Arnside and Silverdale AONB including their settings;
? The special qualities and local distinctiveness of the area;
? Distinctive settlement character;”
6.5 At a local settlement level, Core Strategy Policy CS2 sets out policy requirements for future development including, to “ensure greenfield development is sympathetic to the landscape character of Kendal and to the historic character and setting of Kendal and may also need to address archaeological impacts”. This is linked to the Core Strategy vision for Kendal tomorrow (paragraph 3.30), which states that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town”.
6.6 The clear policy requirement that future development proposed in the South Lakeland Allocation DPD minimises and, where possible, results in no impact on landscape character is evident from the above. This is a fundamental planning principle which has remained unchanged for a number of years, and was made clear by the Inspector as part of the previous Examination of the South Lakeland Local Plan, prior to its adoption in 1997. More specifically, the Inspector considered the proposed allocation of the land to the south of Lumley Road for residential development, incorporating the current proposed allocation M41KM, and rejected this on the grounds of landscape and visual impact (see extract from Inspector’s Report at Appendix B - see attached document). Of note from the decision were Inspector’s conclusions as follows:
1. “The Council concedes that the site is prominent from both the A591 to the west and the A6 to the east, and refers to its ‘shop window’ location’”.
2. “From the south via the M6, from the south-east along the A65 and from the south-west along the A590, this is clearly the most important approach to Kendal. The visitor’s first impression is an important consideration”.
3. “I consider this (the soft screening to the edge of the development to the south of Lumley Road) to be a defensible boundary”.
4. “On the east side the main road (Milnthorpe Road) the development is set lower in the landscape, it is not visually prominent, and the edge follows a natural boundary at Scroggs Lane. None of these features apply to the allocation site. Rather, it is a prominent bare hillside facing south-east; it rises above the A6 road and development would dominate the approach to the town; there are no natural boundaries or vegetation to contain the development.”
5. “Because of the site’s elevation, I do not agree that the provision of a generous landscaping belt would protect views on to the site; on the contrary I believe the development would be visually intrusive in an area which, despite its proximity to the town, retains a largely rural character”
6. “I see no reason to retain the allocation in the light of the findings concerning the impact of the development of the site.”
6.7 There have been no material changes to the conclusions reached by the previous Inspector since the decision, which are considered as fundamental to the future use of the land today as they were at the time of the previous Examination. A photograph of the land to the south of Lumley Road taken from Milnthorpe Road is attached at Appendix C (see attached document). This clearly demonstrates the elevation, visual prominence and landscape importance of the land.
6.8 In light of this, and as the Council has decided to again propose the land for residential development, a detailed assessment of the impact of this proposal on landscape character should have been undertaken and formed part of the evidence base and decision making process for the Land Allocations DPD.
6.9 The council relies on the Cumbria Landscape Character Assessment. However, this is a strategic document which does not consider the landscape value of specific individual sites, merely how they fit into wider landscape character areas.
6.10 Site specific consideration of the development proposals for the land to the south of Lumley Road is considered vital given the significant landscape value of the land and the previous Local Plan Inspector’s conclusions.
6.11 In response to similar concerns, Kendal Town Council commissioned Galpin Landscape Architecture to produce a Local Level Landscape Character Assessment for the whole of Kendal (dated March 2011). This document is submitted as part of the Town Council’s response to the Land Allocations DPD Publication Stage consultation. It includes an assessment of the land to the south of Lumley Road as a Limestone Fringe landscape character unit. The site specific assessment undertaken notes the following:
1. “Key Characteristics; Edge of limestone ridge with pasture and dry stone walls, open aspect joining wider landscape to edge of built form”
2. “Local Distinctiveness; Open aspect offers distant views across this area, connect with wider landscape”
3. “Views; Open views offer distant views across this area”
4. “Sensitivity; The sensitivity is medium / high. The sensitivity is high due to the adjacent landscape character unit, Limestone Pasture, of high sensitivity but become medium / high when it is nearer the existing built lower down the ridge and as the land slopes to meet Milnthorpe Road”
5. “Capacity; There is limited capacity. This is due to the continuation of the localised ridge form from behind the existing built form and elevated above this landscape character unit”
6.12 It is evident from the above that the landscape character of the land to the south of Lumley Road plays a vital role in creating an attractive gateway to both Kendal and the Lake District. Maintaining the landscape character and setting is therefore considered vital to the future attraction and success of Kendal and the Lake District as tourist destinations. Safeguarding the land to the south of Lumley Road from future development will be key to achieving this, a view which is widely held amongst the SKPA and across the wider local community.
6.13 The importance of landscape character more generally was also noted by an Inspector and the Secretary of State in a recent appeal decision (March 2012). The appeal related to the refusal of an outline planning application for a residential led mixed use development on land at Quarrendon Fields, Aylesbury, Bucks (ref APP/J0405/A/11/2155042). As part of the decision, the Inspector made clear that conflict with the development plan in terms of harmful impact on the landscape character was a major factor. Of note is paragraph 339 of the Inspector’s Report which set out the following:
“Both national and local planning policy seeks to protect the countryside from harmful forms of development and there is no reduction in protection due to proximity to the urban boundary.”
6.14 It is evident from the above that the landscape character evidence base used by the council to inform the proposed allocation of the land to the south of Lumley Road (ref. M41KM) is not robust and credible. The land is elevated, visually prominent from a wide area, and of significant landscape character sensitivity and amenity value, and consequently of major importance to the setting of the South Kendal and the southern approach to Kendal and the Lake District.
6.15 In light of the above, it is apparent that the residential development proposed by allocation M41KM will have a significant and unacceptable detrimental impact of landscape character. The allocation is contrary to NPPF and South Lakeland Core Strategy policy, which clearly demonstrates it is not the most appropriate strategy when considered against the alternatives.
6.16 Of particular note, is the Sustainability Appraisal (SA) assessment of the impact on landscape character for the allocation which has been used to inform the allocation. The assessment sets out “potential for moderate negative effect on landscape character”. However, it is considered that based on the considerations set out above, it is undeniable that this is incorrect and the SA assessment should instead be “potential for significant negative effect on landscape character”.
6.17 In light of the above, the SKPA strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted from the Land Allocations DPD, in order to prevent significant detrimental impact on landscape character, and ensure the DPD meets the tests of legal compliance and soundness.
Impact on Heritage Assets and the Historic Environment
7.1 The NPPF makes clear at paragraph 7 that “protecting and enhancing our natural, built and historic environment” is fundamental to the “presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking” (paragraph 14). Accordingly, the NPPF sets out that “significant adverse impacts on the historic environment and assets should be avoided” (paragraph 152).
7.2 Integral to this are the NPPF requirements that:
? “Planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment” (paragraph 61); and
? “Local Plans should…identify land where development would be inappropriate, for instance because of its environmental or historic significance” (paragraph 157).
7.3 In addition to the national planning policy set out above, the South Lakeland Core Strategy sets out protection for heritage assets at a local district wide level. More specifically, Core Strategy Policy CS1.1 (4) makes clear the “need to safeguard the essential character and appearance of those buildings and sites that make a positive contribution to the special architectural or historic interest of the area”.
7.4 With respect to Kendal itself, Core Strategy Policy CS2 aims to “safeguard and enhance buildings, sites and areas of heritage and cultural importance” and “ensure greenfield development is sympathetic to…the historic character and setting of Kendal and may also need to address archaeological impacts”. Linked to this is the Core Strategy for Kendal tomorrow set out at paragraph 3.30, which includes that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town”.
7.5 Core Strategy Policy CS8.6 adds further weight to the heritage asset protection set out above by offering support for a number of provisions including:
? “The safeguarding and, where possible, enhancing of historic environment assets, including their characteristic settings and any attributes that contribute to a sense of local distinctiveness. Such assets include listed buildings and features (both statutory and locally listed), conservation areas, scheduled ancient monuments and registered parks and gardens.”
? “Actions that will ensure the proper conservation of all heritage assets, giving particular priority to those identified as being at risk”
? “The safeguarding and, where possible enhancement of, locally important archaeological sites and features within the historic environment”
7.6 In light of the heritage protection policy set out above, English Heritage has stated as part of the Land Allocations consultation response that the local planning authority should to draw attention to any sites where any impact upon the historic environment, heritage assets or their settings is anticipated.
7.7 Helsington Laithes is identified in figure 22 of the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as a historic, small nucleated settlement, located immediately to the south of the proposed allocation of the land to the south of Lumley Road (M41KM). It includes the Grade II* Listed Helsington Laithes farmhouse, the Grade II* Listed Bridge carrying drive to north-east of Helsington Laithes farmhouse and the Grade II Listed Bridge carrying farm road to north-east of Helsington Laithes farmhouse. An integral feature of these heritage assets and the historical character of the Helsington Laithes settlement is their historic rural setting (as a farm) surrounded by open, undeveloped land.
7.8 The proposed allocation and subsequent development of the land to the south of Lumley Road, would have a significant impact on the listed buildings and bridges at Helsington Laithes, as well as the character of the small nucleated settlement itself by transforming their rural setting to one of urban development. There appears to be no detailed assessment of the heritage impact of the proposed allocation undertaken, as part of the evidence base to inform the Land Allocations DPD SA and decision to allocate the land.
7.9 In addition, the land to the south of Lumley Road itself is identified in the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as forming part of an ancient enclosure (figure 22), which is likely to be medieval in origin. The land is also specifically recorded as an enclosure on the Database GIS as Historic Environment Record / Sites and Monument Record (no. 3631).
7.10 It is clear from the above, that the land to the south of Lumley Road itself is of historical and archaeological interest, and therefore a heritage asset in its own right. Again the likely heritage impact of the proposed development has not been assessed in any detail as part of the evidence base to inform the Land Allocations DPD SA and decision to allocate the land.
7.11 In light of the above, the residential development proposed by allocation M41KM is likely to have a significant and unacceptable detrimental impact on heritage assets and the historical environment both forming part of the land, as well as the setting of those located adjacent to it. In particular, the development will transform the rural setting which is an integral part of the historic interest of the adjacent listed buildings and structures, as well as the small, nucleated settlement of Helsington Laithes itself, to one of urban development.
7.12 This is contrary to NPPF and South Lakeland Core Strategy policy, and is also not considered to be the most appropriate strategy when considered against the alternatives. In respect of the latter, the heritage impact of the proposed allocation is also not reflected in the Land Allocations DPD SA, which assesses the effect on the built environment (including heritage assets) and has been used to inform the decision to allocate the land to the south of Lumley Road. The SA assessment is “Moderate potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”. This assessment does not reflect the true extent of the heritage impact likely to result from the development proposed by the allocation, and should therefore be revised to “Significant potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”.
7.13 The SKPA therefore requested that allocation M41KM be deleted from the Land Allocations DPD in order for it to meet the tests of legal compliance and soundness, by avoiding the resulting significant impact on heritage assets and the historic environment.
Loss of important Local Green Space
8.1 Avoiding significant impact on the natural environment is a fundamental requirement of the NPPF (paragraph 152). Linked to this, is the provision in the NPPF which sets out that “local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them” (paragraph 76), in order to protect them from future development. Paragraph 77 provides further clarity that such “Local Green Space” designations should only be used:
? “where the green space is in reasonably close proximity to the community it serves;
? where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife; and
? where the green area concerned is local in character and is not an extensive tract of land.”
8.2 At a local level, Core Strategy Policy CS2 sets out a number of aims for the future development of Kendal, including:
? “The safeguarding and, where possible enhancement of, locally important archaeological sites and features within the historic environment”
? “Improve local green infrastructure, including parks, green spaces and allotments.”
? “Designate (as required) a series of green gaps to prevent the coalescence of individual settlements and thereby protect their individual character and setting.”
8.3 Linked to this is the Core Strategy vision for South Lakeland in 15 years time set out at paragraph 1.37. This states that “Towns and villages have been kept distinct from one another by protecting important green gaps”. Further guidance on the designation of green gaps is given in Policy CS8.2 sets out that “land will be identified in the Allocations of Land DPD as forming a green gap where, if developed it would cause or add to the risk of future coalescence of two or more individual settlements between which it is important to retain a distinction”. The policy continues that Green Gaps should:
? “Contribute to maintaining a settlement’s identity, landscape setting and character;
? Comprise predominantly open land maintaining an ‘open’ aspect;
? Where possible afford recreational and biodiversity opportunities.”
8.4 In light of the above, the Land Allocations DPD identifies both Green Gaps and Open Space across the South Lakeland District. This includes the proposed allocation of land as Amenity Open Space. The definition of Amenity Open Space is land “which is not accessible to the public but which nonetheless has amenity value because of its openness, appearance or landscape quality” (paragraph 2.63).
8.5 As set out above, the land to the south of Lumley Road is of significant value in terms of its contribution to landscape character and historical interest. The land also plays a vital role in preventing the coalescence of Kendal with the historic, rural and small nucleated settlement of Helsington Laithes to the south (identified in figure 22 of the Cumbria Historic Landscape Characterisation Database Guide, July 2009). Fundamental to this is the important role the green space plays in maintaining the rural setting of the settlement and its heritage assets and historic environment.
8.6 After considering the above, it is clear that the land to the south of Lumley Road qualifies as both a Green Gap, in line with the guidance set out in Core Strategy Policy CS8.2, and also Amenity Open Space, in line with paragraph 2.63 of the Land Allocation DPD. More specifically, as a Green Gap, the resulting safeguarding of the land from future development will:
1. Prevent the risk of future coalescence of Kendal and Helsington Laithes.
2. Assist in maintaining the identity, landscape setting and character of both Kendal and Helsington Laithes.
3. Comprise predominantly open land maintaining an ‘open’ aspect.
8.7 In addition, given the significant amenity value of the land to the south of Lumley Road resulting from its openness, appearance and landscape quality of the land, it also meets the Land Allocations definition of Amenity Open Space.
8.8 In light of the above, the proposed allocation of the land to the south of Lumley Road for residential development (M41KM) would undoubtedly result in the loss of important green space which plays a vital role as a Green Gap and Amenity Open Space. More specifically, the development proposed would result in the loss of open land and the coalescence of both Kendal and Helsington Laithes, including the identity, historic interest, landscape setting and character of these settlements. This is recognised in the Land Allocations DPD SA i.e. “Development of the site will cause the coalescence of settlement”. The proposed residential allocation is therefore strongly opposed by the SKPA and wider local community and not considered to be the most appropriate strategy, particularly in light of the resulting contradiction of national and local policy.
8.9 The SKPA therefore request that the proposed residential development allocation of the land to the south of Lumley Road be deleted and either, reallocated as a Green Gap and / or Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves as local green space, and ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
Local Opposition
9.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “(e)arly and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
9.2 “A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
9.3 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the Land to the south of Lumley Road. This has included members of the SKPA.
9.4 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the petition organised by the SKPA which includes 390 signatories from the local community who are in opposition to the proposed allocation (M41KM), given the vital role it plays as green space in safeguarding landscape character, as well as heritage and other environmental interests, both within and surrounding the site.
9.5 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
Over Allocation of Land for Housing
10.1 The NPPF sets out a number of provisions at paragraph 47 in respect of ensuring local planning authorities set out a significant supply of housing, including through the use of:
“their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period”
10.2 Core Strategy Policy CS1.2 explains in broad terms how much new housing will be built across South Lakeland and where. The ambition is to deliver 400 dwellings per year between 2003 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
10.3 Kendal housing requirements to 2025 are set out in Table 1B of the Land Allocations DPD, with these calculated to be 1,961 dwellings. However, the allocations proposed in the Land Allocations DPD for Kendal equates to 2,185 dwellings. These allocations represent a 10% increase on the requirement for Kendal, 38% of total requirement for South Lakeland (5,778) and 36% of total allocations for South Lakeland (6,085).
10.4 In addition to this, Policy LA1.4 of the Land Allocations DPD proposes land at Appleby Road and Burton Road in Kendal as further broad locations to meet long term housing needs.
10.5 In respect of the proposed allocation of the land to the south of Lumley Road (M41KM), Policy LA1.3 sets out that the land has an estimated capacity of 122 dwellings on 4.64 ha (26.3 dwellings per hectare).
10.6 As set out in more detail above, the proposed allocation of the land to the South of Lumley Road for residential development is not in line with the vision of the local community and will have significant detrimental impacts in terms of impacts on landscape character and heritage assets, as well as result in the loss of important local green space. The deletion of the allocation is therefore needed in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
10.7 The proposed deletion would result in a reduction of the land allocated for residential development in Kendal from 2,185 dwellings to 2,063. This still represents 5% above the total requirement for Kendal to 2025 set out in Table 1B (1,961 dwellings) and is considered a sufficient over allocation, particularly given the additional areas identified in Kendal as broad locations to meet long term housing needs. It would also still be in line with the Core Strategy requirement that 35% of housing development proposed across South Lakeland be provided in Kendal.
10.8 The reduced number of houses allocated for development in Kendal sought by the SKPA would also assist overcoming the concerns raised by the following organisations:
1. United Utilities in terms of the capacity of the Kendal Wastewater Treatment Works (WwTW).
2. Cumbria County Council (Education Authority) regarding the capacity of schools in Kendal.
3. The Highways Agency in terms of cumulative impact of the development proposed in Kendal.
10.9 Further to this, of particular note are the following:
1. The uncertainty as to the feasibility of the works needed to increase the capacity of the Kendal WwTW and United Utilities resulting advice that the number of new houses in Kendal should be reduced.
2. The significant concerns relating to the major development proposed along Milnthorpe Road, to the south of Kendal, as this road already backs up to the A591 at peak times and cannot accommodate the massive increase in vehicle movements that such development, in this location, would create.
Conclusion
11.1 In reflection of the considerations set out above, it is undeniable that the proposed allocation of the land to the south of Lumley Road for residential development (M41KM) will result in a significant and unacceptable impact on landscape character, heritage assets and the historic environment, as well as the loss of important local green space which will result in the coalescence of Kendal and Helsington Laithes. As a result of these and other considerations, the proposed allocation is opposed by and not in line with the vision of the local community for the future use of the land.
11.2 Of particular note is the fact the land forms an integral part of the gateway to Kendal and the Lake District and is elevated and visually prominent from the surrounding roads and wider area, including the Lake District National Park. The development proposed will therefore inevitably be visually intrusive and destroy the rural and historical character and setting of South Kendal and Helsington Laithes.
11.3 These considerations are not accurately reflected in the SA assessment used to inform the proposed allocation of the land to the south of Lumley Road. Accordingly, the significant negative impacts in terms of landscape character, built environment, coalescence, the development of greenfield land, coupled with the other negative impacts in terms of air quality and water supply should be noted. Together these are considered to outweigh other sustainability considerations and used to inform the proposed allocation.
11.4 In light of the above, it is clear that the proposed allocation M41KM is contrary to national and local policy, not founded on a robust and credible evidence base and not considered the most appropriate strategy when considered against the reasonable alternatives. It therefore fails the tests of legal compliance and soundness.
11.5 In recognition of this, the SKPA request that the proposed residential development allocation of the land to the south of Lumley Road be deleted and either, reallocated as a Green Gap and / or Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves, and ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.6 Further to the above request, it should be noted that the Land Allocations DPD over allocates land in Kendal when considered against the housing requirements. The proposed deletion of the allocation for the land would therefore not undermine, and still be in line with, the Core Strategy requirement that 35% of housing development proposed across South Lakeland be provided in Kendal.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding the proposed
allocation M41KM, particularly the impact this has on the Land Allocation DPD in terms of legal
compliance and soundness. These concerns are set out above and the SKPA requests the
opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
2. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 17 Apr 2012 16:45:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Policy/Site No.
LA1.6 Strategic Employment Sites - E4M KENDAL LAND AT SCROGGS WOOD, MILNTHORPE ROAD
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.
Sustainability Appraisal has not been carried out and its baseline information and conclusions have not been used to inform the DPD
The DPD has not had regard to national policy and does not conform generally with the adopted Core Strategy and (until it is abolished) the Regional Spatial Strategy
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.
South Kendal Preservation Association
4.1 The SKPA is an important group, comprising a significant number of members of the local community who reside within the south Kendal area.
4.2 The Association has been established in response to the significant concerns among the members of the SKPA and the wider community regarding the development proposed for the south Kendal area in the Land Allocations DPD. More specifically, these concerns relate to the significant detrimental impact that will result from the residential development proposed for the land to the south of Lumley Road (ref. M41KM), as well as the land at Scroggs Wood (ref. E4M).
4.3 Members of the SKPA have been involved throughout the preparation of the Land Allocations DPD and have made representations opposing the development proposed for the south Kendal area as part of the previous consultation periods.
4.4 The SKPA has also coordinated the signing of a petition opposing development proposed for the south Kendal area. This petition has 390 signatures and has been submitted as part of the SKPA’s separate representations in respect of the land to the south of Lumley Road (ref. M41KM).
Detailed response and changes required to ensure legal compliance and soundness
5.1 As set out in the response to the questions above, the SKPA strongly oppose the proposed allocation E4M on the basis that it is considered to be legally flawed and unsound. The consequence of this is that the South Lakeland Land Allocations DPD fails the following tests in respect of:
1. Soundness, with the DPD not:
i. 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; and
ii. Consistent with national policy.
2. Legal compliance, with:
i. The DPD not having regard to national policy and not conforming generally with the adopted Core Strategy and the Regional Spatial Strategy.
ii. Sustainability Appraisal having not been carried out correctly and its baseline information and conclusions not correctly used to inform the DPD.
5.2 The reasoning for the Land Allocations DPD, and specifically the proposed allocation E4M, being considered to fail the above legal compliance and soundness tests relates to the following issues:
1. Impact on Landscape Character.
2. Impact on Heritage Assets and the Historic Environment.
3. Impact on Environmental and Ecological Interests.
4. Loss of important Local Green Space.
5. Local Opposition.
6. Unsound Allocation of Land for Employment Development
5.3 The above issues are considered in more detail below.
Impact on Landscape Character
6.1 The National Planning Policy Framework (NPPF) makes clear at paragraph 7, that integral to the presumption in favour of sustainable development, is the environmental role that the planning system must perform. Essential to this environmental role is the need to ensure future development, contributes “to protecting and enhancing our natural, built and historic environment”.
6.2 The NPPF continues by setting out at paragraph 152 that “significant adverse impacts on any of these dimensions (economic, social or environmental) should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued”. Building on this point, the NPPF sets out at paragraph 109 the requirement that the planning system “should contribute to and enhance the natural and local environment”, including “protecting and enhancing valued landscapes”. Paragraph 110 adds further clarity on this making clear Local Plans “should allocate land with the least environmental or amenity value”.
6.3 In line with the NPPF, at a local district wide level Policy CS1.1 (2) and (3) of the South Lakeland Core Strategy set out the need to “protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value”, as well as “to take account of and enhance landscape character and features”. As part of the latter, the policy sets out that the “area’s role as a setting for and gateway to the Lake District and Yorkshire Dales National Parks should be developed”.
6.4 Building on Policy CS1.1, Core Strategy Policy CS8.2 requires new development proposals to “demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance a number of landscape and settlement characteristics including:
? “The special qualities of the environment associated with the nationally designated areas of the National Parks and Arnside and Silverdale AONB including their settings;
? The special qualities and local distinctiveness of the area;
? Distinctive settlement character;”
6.5 At a local settlement level, Core Strategy Policy CS2 sets out policy requirements for future development including, to “ensure greenfield development is sympathetic to the landscape character of Kendal and to the historic character and setting of Kendal and may also need to address archaeological impacts”. This is linked to the Core Strategy vision for Kendal tomorrow (paragraph 3.30), being that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town”.
6.6 The clear policy requirement that future development proposed in the South Lakeland Land Allocations DPD minimises and, where possible, results in no impact on landscape character is evident from the above. This is a long established and fundamental planning principle which has been reinforced through the publication of the NPPF.
6.7 With respect to the land at Scroggs Wood (ref. E4M), it lies within a landscape of County Importance, with the site itself widely recognised as being of high landscape value in its own right. Integral to this is the fact that the land at Scroggs Wood is highly visible from a significant number of sensitive receptors, including:
1. Passing road users on both the A6 and the A591;
2. Residents, visitors and users of the adjacent areas of South Kendal, Natland, Helsington Laithes, Watercrook Farm and Helsington Mills; and
3. Users of the surrounding footpaths, including those on elevated land within the Lake District National Park.
6.8 With respect to passing road users, it should be noted that the A6 is the main access route into Kendal and any development would form the first impression most residents and visitors would have of Kendal. Similarly the A591 is, by some considerable margin, the busiest access route into the Lake District and any development of the land at Scroggs Wood would form the first transient impression of Kendal that the majority of visitors to the Lake District National Park would experience and remember.
6.9 The above considerations, alongside the “general absence of landscape features within site that could help to accommodate development”, are acknowledged by the Council as key constraints to the proposed development of the land at Scroggs Wood in their Landscape Mitigation Overview for the proposed allocation.
6.10 A further vital consideration in respect of the impact of the proposed allocation of the land at Scroggs Wood on landscape character, is the key role Scroggs Wood itself plays in defining the landscape character of southern Kendal. More Specifically, Scroggs Wood is a significant landscape feature which in itself forms a very strong natural, defensible barrier between the built form of southern Kendal and the rural countryside beyond this.
6.11 The importance of Scroggs Wood as a strong natural, defensible barrier is also widely acknowledged. Indeed the Council’s own Fact File for Kendal (February 2012) states the following:
“Employment and Housing Land Search Study state Scroggs Wood forms a strong boundary to the town and development to the south of this would be highly visible and therefore should not be permitted.”
6.12 This fact was also recognised and acknowledged by the Inspector for the previous South Lakeland Local Plan, prior to its adoption in 1997. More specifically, when considering the proposed allocation of the land to the north west of the land at Scroggs Wood (land to south of Lumley Road, incorporating the current proposed allocation M41KM) for residential development, included within the Inspector’s conclusions was that the development “on the east side the main road (Milnthorpe Road)…follows a natural boundary at Scroggs Lane”. An extract of the Inspector’s report has been submitted as part of the SKPA’s separate representations in respect of the land to the south of Lumley Road (ref. M41KM)
6.13 In response to similar concerns regarding landscape impact of the development proposed in the Land Allocations DPD, Kendal Town Council commissioned Galpin Landscape Architecture to produce a Local Level Landscape Character Assessment for the whole of Kendal (dated March 2011). This document is submitted as part of the Town Council’s response to the Land Allocations DPD Publication Stage consultation. It includes an assessment of the land at Scroggs Wood as a Drumlin Pasture landscape character unit. The site specific assessment undertaken notes the following:
1. “Key Characteristics; Characteristic drumlin landform with undulations, dry stone walls, occasional hedgerow trees and open views across.”
2. “Local Distinctiveness; Important open space on entrance into Kendal with Scroggs Wood as backdrop and edge to urban settlement.”
3. “Views; Open views across and from this landscape character unit”
4. “Functionalities; Pasture and Visual Amenity”
5. “Sensitivity; Although there are few functionalities to this landscape character unit, the open aspect and visual amenity of this area is important.”
6. “Capacity; There is low capacity for development of these fields as the strong presence of Scroggs Wood as a landscape feature forms a natural edge to the built form before the rural countryside.”
6.14 The importance of landscape character more generally was also noted by an Inspector and the Secretary of State in a recent appeal decision (March 2012). The appeal related to the refusal of an outline planning application for a residential led mixed use development on land at Quarrendon Fields, Aylesbury, Bucks (ref APP/J0405/A/11/2155042). As part of the decision, the Inspector made clear that conflict with the development plan in terms of harmful impact on the landscape character was a major factor. Of note is paragraph 339 of the Inspector’s Report which set out the following:
“Both national and local planning policy seeks to protect the countryside from harmful forms of development and there is no reduction in protection due to proximity to the urban boundary.”
6.15 It is evident from the above that the open and undeveloped nature of the land at Scroggs Wood plays a vital role in ensuring the preservation of the historic rural setting of southern Kendal and the attractive gateway to both Kendal and the Lake District. Maintaining the landscape character and setting of south Kendal is therefore considered vital to the future attraction and success of Kendal and the Lake District as tourist destinations.
6.16 Also clearly evident from the above, is the landscape sensitivity of the land at Scroggs Wood and the significant and unacceptable detrimental impact that future built development would have on the landscape character and setting of south Kendal and the surrounding area. Even with extensive screening, it will not be possible to mitigate the impact on landscape character, as there would be no disguising the presence of an extensive commercial development from the significant number of sensitive receptors and locations in the surrounding area. The proposed allocation (E4M) is therefore contrary to NPPF and South Lakeland Core Strategy policy, which clearly demonstrates it is not the most appropriate strategy when considered against the alternatives.
6.17 Of note particularly is the Sustainability Appraisal (SA) assessment of the impact on landscape character for the allocation which has been used to inform the allocation. The assessment sets out “potential for moderate negative effect on landscape character”. However, it is considered that based on the considerations set out above, this is incorrect and the SA assessment should instead be “potential for significant negative effect on landscape character”.
6.18 In light of the above, the SKPA strongly requests that the current proposed strategic employment development allocation of the land at Scroggs Wood is deleted from the Land Allocations DPD. This request is widely supported across the local community and is considered vital in order to prevent the significant resulting detrimental impact on landscape character, and ensure the DPD meets the tests of legal compliance and soundness.
Impact on Heritage Assets and the Historic Environment
7.1 The NPPF makes clear at paragraph 7 that “protecting and enhancing our natural, built and historic environment” is fundamental to the “presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking” (paragraph 14). Accordingly, the NPPF sets out that significant adverse impacts on the historic environment and assets should be avoided (paragraph 152).
7.2 Integral to this is the NPPF requirement that:
? “Planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment” (paragraph 61); and
? “Local Plans should…identify land where development would be inappropriate, for instance because of its environmental or historic significance” (paragraph 157).
7.3 In addition to the national planning policy set out above, the South Lakeland Core Strategy sets out protection for heritage assets at a local district wide level. More specifically, Core Strategy Policy CS1.1 (4) makes clear the “need to safeguard the essential character and appearance of those buildings and sites that make a positive contribution to the special architectural or historic interest of the area”.
7.4 With respect to Kendal itself, Core Strategy Policy CS2 aims to “safeguard and enhance buildings, sites and areas of heritage and cultural importance” and “ensure greenfield development is sympathetic to…the historic character and setting of Kendal and may also need to address archaeological impacts”. Linked to this is the Core Strategy for Kendal tomorrow set out at paragraph 3.30, which includes that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town.
7.5 Core Strategy Policy CS8.6 adds further weight to the heritage asset protection set out above by offering support for a number of provisions including:
? “The safeguarding and, where possible, enhancing of historic environment assets, including their characteristic settings and any attributes that contribute to a sense of local distinctiveness. Such assets include listed buildings and features (both statutory and locally listed), conservation areas, scheduled ancient monuments and registered parks and gardens.”
? “Actions that will ensure the proper conservation of all heritage assets, giving particular priority to those identified as being at risk”
? “The safeguarding and, where possible enhancement of, locally important archaeological sites and features within the historic environment”
7.6 In light of the heritage protection policy set out above, English Heritage has stated as part of the Land Allocations consultation response, that the local planning authority should draw attention to any sites where any impact upon the historic environment, heritage assets or their settings is anticipated.
7.7 Helsington Laithes is identified in figure 22 of the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as a historic, small nucleated settlement, located immediately to the west of the proposed allocation of the land at Scroggs Wood (E4M). It includes the Grade II* Listed Helsington Laithes farmhouse, the Grade II* Listed Bridge carrying drive to north-east of Helsington Laithes farmhouse and the Grade II Listed Bridge carrying farm road to north-east of Helsington Laithes farmhouse.
7.8 To the east of the land at Scroggs Wood is the Grade II listed Helsington Laithes Mill and the Watercrook Roman Fort Scheduled Ancient Monument (SAM). In addition, Scroggs Wood itself is of historical interest as it is believed to be of ancient origin.
7.9 It is evident from the above, that the land at Scroggs Wood is surrounded by and visible from a considerable number of heritage assets to the north, east and west. An integral feature of all of these heritage assets is their historic rural setting surrounded by predominantly open, undeveloped land, which includes the land at Scroggs Wood. The proposed allocation and subsequent development of the land at Scroggs Wood would therefore have a significant impact on the listed buildings and bridges at Helsington Laithes, Helsington Laithes Mill, the Watercrook Roman Fort and Scroggs Wood, by transforming their rural setting to one of urban development.
7.10 Given the number of heritage assets that surround the land at Scroggs Wood, and the fact the land’s current open and undeveloped nature is integral to their setting, it is difficult to see how the strategic employment development proposed could be undertaken without a significant resulting detrimental impact on these heritage assets
7.11 In addition, the land at Scroggs Wood itself is identified in the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as forming part of an ancient enclosure (figure 22), which is likely to be medieval in origin.
7.12 It is clear from this and the surrounding heritage assets, that the land at Scroggs Wood is of historical and archaeological interest, and therefore a heritage asset in its own right. The likely heritage impact of the proposed development has not been assessed in any detail as part of the evidence base to inform the Land Allocations DPD SA and decision to allocate the land.
7.13 In light of the above, the strategic employment development proposed by allocation E4M is likely to have a significant and unacceptable detrimental impact on heritage assets and the historical environment both forming part of the land, as well as the setting of those located adjacent to it. In particular, the development will transform the rural setting, which is an integral part of the historic interest of the adjacent heritage assets comprising the listed buildings and bridges at Helsington Laithes and Helsington Laithes Mill, the Watercrook Roman Fort SAM and Scroggs Wood, to one of urban development. A fundamental consideration in this is the height of the buildings likely to need to be constructed. To meet the current market demands for the industrial and warehouse property proposed would typically require 10 metres to ridge as a minimum for smaller units and 15 metres to ridge as a minimum for larger units.
7.14 This is contrary to NPPF and South Lakeland Core Strategy policy, and is also not considered to be the most appropriate strategy when considered against the alternatives. In respect of the latter, the heritage impact of the proposed allocation is also not considered to be correctly reflected in the Land Allocations DPD SA, which assesses the effect on the built environment (including heritage assets) and has been used to inform the decision to allocate the land at Scroggs Wood. The SA assessment is “Moderate potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”. This assessment does not reflect the true extent of the heritage impact likely to result from the development proposed by the allocation, and should therefore be revised to “Significant potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”.
7.15 The SKPA therefore requested that allocation E4M be deleted from the Land Allocations DPD in order for it to meet the tests of legal compliance and soundness, by avoiding the resulting significant impact on heritage assets and the historic environment.
Impact on Environmental and Ecological Interests
8.1 As set out above, integral to the NPPF’s presumption in favour of sustainable development, is the environmental role that the planning system must perform (paragraph 7). Essential to this environmental role is the need to ensure future development, contributes “to protecting and enhancing our natural, built and historic environment”.
8.2 The NPPF continues by setting out at paragraph 152 that “significant adverse impacts on any of these dimensions (economic, social or environmental) should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued”. Building on this point, the NPPF sets out at paragraph 109 the requirement that the planning system should “minimising impacts on biodiversity”
8.3 In line with the NPPF, at a local district wide level Policy CS1.1 (2) and (3) of the South Lakeland Core Strategy set out the need to “protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value”.
8.4 Building on Policy CS1.1, Core Strategy Policy CS8.4 requires that all development proposals should “protect, enhance and restore the biodiversity and geodiversity value of land and buildings”.
8.5 In respect of Kendal itself, Core Strategy Policy CS2 aims to “ensure that new development safeguards and enhances the natural environment and local biodiversity – notably the SSSIs and SACs within the area, including the River Kent and its tributaries – and opportunities are taken to create new habitats”.
8.6 It is clear from the policy set out above, the clear policy requirement that future development proposed in the South Lakeland Allocation DPD minimises any impact and, where possible, enhance the natural environment and biodiversity.
8.7 The land at Scroggs Wood is surrounded by environmental and ecological interests in the form of the River Kent to the east and Scroggs Wood itself to the north. The River Kent is designated as a Special Area of Conservation (SAC) and a Site of Special Scientific Interest (SSSI).
8.8 With respect to Scroggs Wood, the River Kent’s tributaries, including those running through Scroggs Wood, are also designated as SSSI. The Cumbria Wildlife Trust also acknowledge that Scroggs Wood is of high biodiversity value.
8.9 In addition to the above, the land at Scroggs Wood itself is of high biodiversity interest in its own right. It containing hedgerows and Cumbria Wildlife Trust states the site is possibly used by breeding waders, bats and other breeding birds.
8.10 It is clear from the above that there are important ecological and biodiversity interests located both within the land at Scroggs Wood and immediately around it, including protected sites. The proposed strategic employment development (E4M) is therefore likely to have a significant detrimental impact, by destroying and disturbing important and established habitats and species.
8.11 In light of the above, the SKPA strongly requests that the current proposed strategic employment development allocation of the land at Scroggs Wood is deleted from the Land Allocations DPD.
Loss of important Local Green Space
9.1 Avoiding significant impact on the natural environment is a fundamental requirement of the NPPF (paragraph 152). Linked to this, is the provision in the NPPF which sets out that “local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them” (paragraph 76), in order to protect them from future development. Paragraph 77 provides further clarity that such “Local Green Space” designations should only be used:
? “where the green space is in reasonably close proximity to the community it serves;
? where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife; and
? where the green area concerned is local in character and is not an extensive tract of land.”
9.2 At a local level, Core Strategy Policy CS2 sets out a number of aims for the future development of Kendal, including “improve local green infrastructure, including parks, green spaces and allotments.”
9.3 In light of the above, the Land Allocations DPD identifies Open Space across the South Lakeland District. This includes proposed allocations of land as Amenity Open Space. The definition of Amenity Open Space is land “which is not accessible to the public but which nonetheless has amenity value because of its openness, appearance or landscape quality” (paragraph 2.63).
9.4 As set out in more detail above, the land at Scroggs Wood is of significant value in terms of its contribution to landscape character, as well as heritage, environmental and ecological interests. Fundamental to this is the important role the green space plays in maintaining the landscape character and rural setting of southern Kendal, as well as the historical, environmental and ecological interests both within and surrounding the site.
9.5 It should also be noted that part of the land at Scroggs Woods (to the south east) falls within Flood Zone 3a. In addition, in the Kendal Fact File (February 2012) it is noted that “the Environment Agency state there is possible flood risk from watercourse along northern boundary (with)…some historic flooding here“. The importance of the land at Scroggs Wood to mitigate flood risk both on site and to the surrounding area is therefore clear.
9.6 After considering the above, it is clear that the land at Scroggs Wood qualifies as Amenity Open Space in line with paragraph 2.63 of the Land Allocation DPD. More specifically, given the significant amenity value of the land resulting from the openness, appearance and landscape quality of the land, it clearly meets the Land Allocations definition of Amenity Open Space.
9.7 This is acknowledged in the Kendal Local Level Landscape Character Assessment (March 2011) prepared by Galpin Landscape Architecture. More specifically, the land at Scroggs Wood is assessed as “important open space on entrance into Kendal with Scroggs Wood as backdrop and edge to urban settlement” and that the “open aspect and visual amenity of this area is important” (see paragraphs 8.39 and 8.40).
9.8 In light of the above, the proposed allocation of the land at Scroggs Wood for strategic employment development (E4M) would undoubtedly result in the loss of important green space which plays a vital role as Amenity Open Space. More specifically, the development proposed would result in the loss of open land the appearance of which is integral to the landscape character, as well as heritage, environmental, ecological and flood risk interests, both within and surrounding the site. The proposed strategic development allocation is therefore strongly opposed by the SKPA and wider local community and not considered to be the most appropriate strategy, particularly in light of the resulting contradiction of national and local policy.
9.9 The SKPA therefore request that the proposed strategic employment development allocation of the land at Scroggs Wood be deleted and either reallocated as Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves as local green space, and ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
Local Opposition
10.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “early and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
“A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
10.2 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the land at Scroggs Wood. This has included members of the SKPA.
10.3 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the formation of the SKPA and the coordination of the signing of a petition, which includes 390 signatories from the local community, who are in opposition to development proposed for the south of Kendal area in the Land Allocations DPD given the detrimental impacts that will result.
10.4 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed strategic development allocation of the land at Scroggs Wood is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
Unsound Allocation of Land for Employment Development
11.1 The NPPF sets out at paragraph 158 that “each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects for the area”. Importantly the NPPF requires that Local Plan strategies and assessments for employment uses should “take full account of relevant market and economic signals”.
11.2 Core Strategy Policy CS7.1 explains in broad terms how much employment land will be allocated for development across South Lakeland. The policy seeks to ensure that around 4 hectares of employment land will be allocated per annum between 2010 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
11.3 Core Strategy Policy CS7.2 then sets out the breakdown of the employment land in terms of use class type and location. The policy requires that “of the total employment land requirement of 60 hectares, 70% will be allocated for General B use and the remaining 30% specifically allocated for high quality B1 employment uses”.
11.4 Policy CS7.2 also requires that of the total 60 hectares of employment land across South Lakeland, the following provision is made in Kendal:
1. 9 hectares of land are allocated for strategic employment development;
2. 9 hectares of land are allocated for business / science park development; and
3. 3 hectares of land are allocated for local employment development in Kendal and Ulverston (equating to 1.5 ha each pro rata).
11.5 This equates to a total of 19.5 ha or 33% of the 60 hectare total (based on a pro rata assumption for local employment development land) or a maximum 21 ha or 35% of the 60 hectare total (assuming all the local employment development land is delivered in Kendal rather than Ulverston).
11.6 Strategic employment sites are defined in the Core Strategy as “large sites of 5+ hectares, located close to primary road network and aimed at larger businesses”, with business parks defined as “(h)igh quality employment sites aimed at office / high tech industry” and local employment sites defined as “(m)inimum of 1 hectare to meet a range of sizes and types of uses” (page 89).
11.7 Pursuant to this, the South Lakeland Employment Land Review (February 2012) provides more up to date employment forecast based land requirement projections. This sets out that:
“Employment forecast based land requirement projections suggest a total requirement for the plan period (2010 – 2025) of 6.2ha. Recent take-up of employment land averages 1.8ha per annum (2006 – 2011 annual average), whilst more historic take-up of employment land averages 1.54ha per annum (1999-2011 annual average). Annual take-up and employment forecast based projected land requirements, both fall well within the 3.80ha suggested by the Cumbria and Lake District Joint Structure Plan 2001 – 2016, approved April 2006 and the 4.00ha proposed in the 2005 Employment Land and Premises Study.
Given the consistent trend of take-up averaging under 2.00ha for more than the past decade, it seems a little excessive to allocate employment land at a level that is double historic average take-up. Evidence is that average annual take- up is just under 2.00ha. Making an allowance of 20% for choice and competition, this suggests a more appropriate annual target of 2.40ha or 36ha for the plan period 2010-2025.”
11.8 Based on this, the South Lakeland Employment Land Review recommends the reduction of the amount of land allocated for employment development. Accordingly, in line with the percentage split of development set out in the Core Strategy, the employment land allocation requirement for Kendal is reduced to approximately 12.6 hectares.
11.9 Notwithstanding this, Policies LA1.6, LA1.7 and LS1.8 allocate the following amount of land for employment development in Kendal:
1. 17.9 hectares of land for strategic employment development;
2. 6.52 hectares of land for business / science park development; and
3. 7.42 hectares of land for local employment development.
11.10 This equate to a total employment land allocation for Kendal of 31.84 hectares. This represents a significant over allocation of employment land in Kendal, which is both considerably above the Core Strategy policy requirement (circa 12 hectares), as well as significantly in excess of the more up to date evidence in terms of employment land requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
11.11 In respect of the proposed allocation of the land at Scroggs Wood, this site comprises the entire 17.9 hectares of land for strategic employment development.
11.12 As set out in more detail above, the proposed allocation of the land at Scroggs Wood for strategic employment development is not in line with the vision of the local community and will have significant detrimental impacts on landscape character, heritage assets and environmental, ecological and flood risk interests, as well as result in the loss of important local green space. The deletion of the allocation is therefore necessary in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.13 The proposed deletion would result in a reduction of the land allocated for employment development in Kendal from 31.84 hectares to 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in the South Lakeland Employment Land Review and is considered a sufficient over allocation. This is particularly due to the fact that the 12.6 hectare requirement is based on a significant increase on the latest employment land requirement forecast, as well as annual historic take up rates. The significant potential of the 12 hectare former quarry site at Kendal Fell in terms of contributing to local employment development needs should also be noted, given it’s location within the Lake District National Park, but within close proximity to Kendal and the South Lakeland district, particularly given the potential for a direct link to A591.
11.14 It is evident from the above that there is no clear quantitative need to allocate the land at Scroggs Wood for employment development given the environmental capacity issues / constraints discussed above (e.g. landscape, heritage, ecology and flood risk).
11.15 In addition, although the deletion of the allocation requested by the SKPA would mean that there would be no specific strategic employment site allocation in Kendal, should this be an issue it could be addressed by either:
1. Considering the allocation of an alternative less environmentally constrained strategic employment site either on the edge Kendal or (more likely) within the South Kendal Corridor and around Junction 36 of the M6 e.g. the land at Junction 36 of the M6, adjacent to the existing Moss End Business Park and the new Kendal Livestock Auction Market, with the South Lakeland Employment Land Review noting this site “has excellent links to the national road network, has a willing landowner and is not subject to significant constraints”.
Or
2. Reallocating the 6.52 hectare “Land East of Burton Road” as a strategic employment site and the 5.15 hectare “Land North of Meadowbank Business Park” as a business / science park development. Of note in respect of the latter is its significant size which clearly offers more potential than to act as a local employment site, particularly given the Council’s acknowledgement that it would be suitable for B1 uses.
11.16 Options 1 and 2 are both considered to be more appropriate employment development strategies which would ensure the Land Allocations DPD was in line NPPF and Core Strategy policy, including the guidance contained within Appendix 1 of the Core Strategy in respect of the criteria and the sequential approach to the identification of strategic employment sites. Importantly, these alternative approaches would avoid the significant environmental constraints identified above to the strategic employment development proposed for the land at Scroggs Wood.
11.17 These options would also assist in overcoming the concerns raised by the Highways Agency in terms of the cumulative impact of the development proposed in Kendal and reducing the impact on Town Centre transport network. In particular, ensuring the significant existing congestion along Milnthorpe Road (to the south of Kendal), which already backs up to the A591 at peak times, is not added to with the large increase in vehicle movements associated with the development proposed for the land at Scroggs Wood, is a further major benefit.
Conclusion
12.1 In reflection of the considerations set out above, it is clear that there are major environmental constraints to the proposed allocation of the land at Scroggs Wood as a strategic employment site. More specifically, these relate to the resulting significant, and unacceptable, impact on landscape character, heritage assets, the historic environment and ecology, as well as the loss of important local green space. As a result of these and other considerations, the proposed allocation is opposed by and not in line with the vision of the local community for the future use of the land.
12.2 Of particular note is the fact the current open and undeveloped nature of the land at Scroggs Wood is vital to the historic character and rural setting of south Kendal. The land is of high landscape value in its own right and is highly visible from a significant number of sensitive receptors in the surrounding area. These include the Lake District National Park and the considerable number of heritage assets to the north, east and west which surround the land at Scroggs Wood. Indeed, it is clear that the proposed allocation and subsequent development of the land at Scroggs Wood, would have a significant detrimental impact on the listed buildings and bridges at Helsington Laithes and Helsington Laithes Mill, the Watercrook Roman Fort SAM and Scroggs Wood, by transforming their rural setting surrounded by predominantly open, undeveloped land (which is an integral feature of all of these heritage assets), to one of urban development.
12.3 It should also be noted that Scroggs Wood is a significant landscape feature in its own right, which is widely acknowledged to form a very strong natural, defensible barrier between the built form of southern Kendal and the rural countryside beyond this. This fact is recognised by the Council in the Kendal Fact File which states the following:
“Employment and Housing Land Search Study state Scroggs Wood forms a strong boundary to the town and development to the south of this would be highly visible and therefore should not be permitted.”
12.4 It is evident from the above that the land at Scroggs Wood is visually prominent from a number of sensitive receptors in the surrounding area, and plays a vital role in ensuring an attractive gateway to both Kendal and the Lake District. Maintaining the current open and undeveloped nature of the land is therefore considered vital to the future attraction and success of Kendal and the Lake District as tourist destinations.
12.5 The environmental constraints identified above, are considered to be fundamental and insurmountable in respect of future built development on the land at Scroggs Wood. Even with extensive screening and other mitigation, it will not be possible to mitigate the detrimental impact on landscape character, heritage assets, the historic environment, ecology, flood risk and the surrounding highway network, as well as the loss of important local green space. In particular, there would be no disguising the presence of an extensive commercial development from the significant number of sensitive receptors and locations in the surrounding area.
12.6 The above considerations are not accurately reflected in the SA assessment used to inform the proposed allocation of the land at Scroggs Wood. Accordingly, the significant negative impacts in terms of landscape character, built environment, the development of greenfield land, coupled with the other negative impacts in terms of biodiversity, air quality and water supply should be noted. Together these are considered to outweigh the other sustainability considerations used to inform the proposed allocation.
12.7 In light of the above, it is clear that proposed allocation E4M is contrary to national and local policy. Of particular note are:
1. Paragraph 110 of the NPPF which makes clear Local Plans “should allocate land with the least environmental or amenity value”.
2. Core Strategy Policy CS2 which aims to “safeguard and enhance buildings, sites and areas of heritage and cultural importance” and “ensure greenfield development is sympathetic to the landscape character of Kendal and to the historic character and setting of Kendal and may also need to address archaeological impacts”.
12.8 Proposed allocation E4M is also not founded on a robust and credible evidence base (including the SA) and not considered the most appropriate strategy when considered against the reasonable alternatives. It therefore fails the tests of legal compliance and soundness.
12.9 In recognition of this, the SKPA request that the proposed strategic employment development allocation of the land at Scroggs Wood be deleted and either, reallocated as Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves as green space, safeguarding landscape character, as well as heritage, environmental, ecological, flood risk and highway safety interests both within and surrounding the site, and therefore ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
12.10 Further to the above request, it should be noted that the Land Allocations DPD significantly over allocates employment land in Kendal when considered against both the Core Strategy requirement (circa 12 hectares), as well as the subsequent, most up to date requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
12.11 Accordingly, even with the proposed deletion of the allocation of the land at Scroggs Wood, the land allocated for employment development in Kendal would be 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in South Lakeland Employment Land Review and is considered a sufficient over allocation based on the latest employment land requirement forecast, annual historic take up rates and the significant potential of the 12 hectare former quarry site at Kendal Fell in terms of meeting local employment development needs. The proposed deletion of the allocation for the land at Scroggs Wood, including the potential reallocation of other sites as set out above, would therefore clearly not undermine the development strategy for South Lakeland, and still be in line with the employment land requirements for Kendal.
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.
The DPD is not consistent with national policy.
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.
South Kendal Preservation Association
4.1 The SKPA is an important group, comprising a significant number of members of the local community who reside within the south Kendal area.
4.2 The Association has been established in response to the significant concerns among the members of the SKPA and the wider community regarding the development proposed for the south Kendal area in the Land Allocations DPD. More specifically, these concerns relate to the significant detrimental impact that will result from the residential development proposed for the land to the south of Lumley Road (ref. M41KM), as well as the land at Scroggs Wood (ref. E4M).
4.3 Members of the SKPA have been involved throughout the preparation of the Land Allocations DPD and have made representations opposing the development proposed for the south Kendal area as part of the previous consultation periods.
4.4 The SKPA has also coordinated the signing of a petition opposing development proposed for the south Kendal area. This petition has 390 signatures and has been submitted as part of the SKPA’s separate representations in respect of the land to the south of Lumley Road (ref. M41KM).
Detailed response and changes required to ensure legal compliance and soundness
5.1 As set out in the response to the questions above, the SKPA strongly oppose the proposed allocation E4M on the basis that it is considered to be legally flawed and unsound. The consequence of this is that the South Lakeland Land Allocations DPD fails the following tests in respect of:
1. Soundness, with the DPD not:
i. 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; and
ii. Consistent with national policy.
2. Legal compliance, with:
i. The DPD not having regard to national policy and not conforming generally with the adopted Core Strategy and the Regional Spatial Strategy.
ii. Sustainability Appraisal having not been carried out correctly and its baseline information and conclusions not correctly used to inform the DPD.
5.2 The reasoning for the Land Allocations DPD, and specifically the proposed allocation E4M, being considered to fail the above legal compliance and soundness tests relates to the following issues:
1. Impact on Landscape Character.
2. Impact on Heritage Assets and the Historic Environment.
3. Impact on Environmental and Ecological Interests.
4. Loss of important Local Green Space.
5. Local Opposition.
6. Unsound Allocation of Land for Employment Development
5.3 The above issues are considered in more detail below.
Impact on Landscape Character
6.1 The National Planning Policy Framework (NPPF) makes clear at paragraph 7, that integral to the presumption in favour of sustainable development, is the environmental role that the planning system must perform. Essential to this environmental role is the need to ensure future development, contributes “to protecting and enhancing our natural, built and historic environment”.
6.2 The NPPF continues by setting out at paragraph 152 that “significant adverse impacts on any of these dimensions (economic, social or environmental) should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued”. Building on this point, the NPPF sets out at paragraph 109 the requirement that the planning system “should contribute to and enhance the natural and local environment”, including “protecting and enhancing valued landscapes”. Paragraph 110 adds further clarity on this making clear Local Plans “should allocate land with the least environmental or amenity value”.
6.3 In line with the NPPF, at a local district wide level Policy CS1.1 (2) and (3) of the South Lakeland Core Strategy set out the need to “protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value”, as well as “to take account of and enhance landscape character and features”. As part of the latter, the policy sets out that the “area’s role as a setting for and gateway to the Lake District and Yorkshire Dales National Parks should be developed”.
6.4 Building on Policy CS1.1, Core Strategy Policy CS8.2 requires new development proposals to “demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance a number of landscape and settlement characteristics including:
? “The special qualities of the environment associated with the nationally designated areas of the National Parks and Arnside and Silverdale AONB including their settings;
? The special qualities and local distinctiveness of the area;
? Distinctive settlement character;”
6.5 At a local settlement level, Core Strategy Policy CS2 sets out policy requirements for future development including, to “ensure greenfield development is sympathetic to the landscape character of Kendal and to the historic character and setting of Kendal and may also need to address archaeological impacts”. This is linked to the Core Strategy vision for Kendal tomorrow (paragraph 3.30), being that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town”.
6.6 The clear policy requirement that future development proposed in the South Lakeland Land Allocations DPD minimises and, where possible, results in no impact on landscape character is evident from the above. This is a long established and fundamental planning principle which has been reinforced through the publication of the NPPF.
6.7 With respect to the land at Scroggs Wood (ref. E4M), it lies within a landscape of County Importance, with the site itself widely recognised as being of high landscape value in its own right. Integral to this is the fact that the land at Scroggs Wood is highly visible from a significant number of sensitive receptors, including:
1. Passing road users on both the A6 and the A591;
2. Residents, visitors and users of the adjacent areas of South Kendal, Natland, Helsington Laithes, Watercrook Farm and Helsington Mills; and
3. Users of the surrounding footpaths, including those on elevated land within the Lake District National Park.
6.8 With respect to passing road users, it should be noted that the A6 is the main access route into Kendal and any development would form the first impression most residents and visitors would have of Kendal. Similarly the A591 is, by some considerable margin, the busiest access route into the Lake District and any development of the land at Scroggs Wood would form the first transient impression of Kendal that the majority of visitors to the Lake District National Park would experience and remember.
6.9 The above considerations, alongside the “general absence of landscape features within site that could help to accommodate development”, are acknowledged by the Council as key constraints to the proposed development of the land at Scroggs Wood in their Landscape Mitigation Overview for the proposed allocation.
6.10 A further vital consideration in respect of the impact of the proposed allocation of the land at Scroggs Wood on landscape character, is the key role Scroggs Wood itself plays in defining the landscape character of southern Kendal. More Specifically, Scroggs Wood is a significant landscape feature which in itself forms a very strong natural, defensible barrier between the built form of southern Kendal and the rural countryside beyond this.
6.11 The importance of Scroggs Wood as a strong natural, defensible barrier is also widely acknowledged. Indeed the Council’s own Fact File for Kendal (February 2012) states the following:
“Employment and Housing Land Search Study state Scroggs Wood forms a strong boundary to the town and development to the south of this would be highly visible and therefore should not be permitted.”
6.12 This fact was also recognised and acknowledged by the Inspector for the previous South Lakeland Local Plan, prior to its adoption in 1997. More specifically, when considering the proposed allocation of the land to the north west of the land at Scroggs Wood (land to south of Lumley Road, incorporating the current proposed allocation M41KM) for residential development, included within the Inspector’s conclusions was that the development “on the east side the main road (Milnthorpe Road)…follows a natural boundary at Scroggs Lane”. An extract of the Inspector’s report has been submitted as part of the SKPA’s separate representations in respect of the land to the south of Lumley Road (ref. M41KM)
6.13 In response to similar concerns regarding landscape impact of the development proposed in the Land Allocations DPD, Kendal Town Council commissioned Galpin Landscape Architecture to produce a Local Level Landscape Character Assessment for the whole of Kendal (dated March 2011). This document is submitted as part of the Town Council’s response to the Land Allocations DPD Publication Stage consultation. It includes an assessment of the land at Scroggs Wood as a Drumlin Pasture landscape character unit. The site specific assessment undertaken notes the following:
1. “Key Characteristics; Characteristic drumlin landform with undulations, dry stone walls, occasional hedgerow trees and open views across.”
2. “Local Distinctiveness; Important open space on entrance into Kendal with Scroggs Wood as backdrop and edge to urban settlement.”
3. “Views; Open views across and from this landscape character unit”
4. “Functionalities; Pasture and Visual Amenity”
5. “Sensitivity; Although there are few functionalities to this landscape character unit, the open aspect and visual amenity of this area is important.”
6. “Capacity; There is low capacity for development of these fields as the strong presence of Scroggs Wood as a landscape feature forms a natural edge to the built form before the rural countryside.”
6.14 The importance of landscape character more generally was also noted by an Inspector and the Secretary of State in a recent appeal decision (March 2012). The appeal related to the refusal of an outline planning application for a residential led mixed use development on land at Quarrendon Fields, Aylesbury, Bucks (ref APP/J0405/A/11/2155042). As part of the decision, the Inspector made clear that conflict with the development plan in terms of harmful impact on the landscape character was a major factor. Of note is paragraph 339 of the Inspector’s Report which set out the following:
“Both national and local planning policy seeks to protect the countryside from harmful forms of development and there is no reduction in protection due to proximity to the urban boundary.”
6.15 It is evident from the above that the open and undeveloped nature of the land at Scroggs Wood plays a vital role in ensuring the preservation of the historic rural setting of southern Kendal and the attractive gateway to both Kendal and the Lake District. Maintaining the landscape character and setting of south Kendal is therefore considered vital to the future attraction and success of Kendal and the Lake District as tourist destinations.
6.16 Also clearly evident from the above, is the landscape sensitivity of the land at Scroggs Wood and the significant and unacceptable detrimental impact that future built development would have on the landscape character and setting of south Kendal and the surrounding area. Even with extensive screening, it will not be possible to mitigate the impact on landscape character, as there would be no disguising the presence of an extensive commercial development from the significant number of sensitive receptors and locations in the surrounding area. The proposed allocation (E4M) is therefore contrary to NPPF and South Lakeland Core Strategy policy, which clearly demonstrates it is not the most appropriate strategy when considered against the alternatives.
6.17 Of note particularly is the Sustainability Appraisal (SA) assessment of the impact on landscape character for the allocation which has been used to inform the allocation. The assessment sets out “potential for moderate negative effect on landscape character”. However, it is considered that based on the considerations set out above, this is incorrect and the SA assessment should instead be “potential for significant negative effect on landscape character”.
6.18 In light of the above, the SKPA strongly requests that the current proposed strategic employment development allocation of the land at Scroggs Wood is deleted from the Land Allocations DPD. This request is widely supported across the local community and is considered vital in order to prevent the significant resulting detrimental impact on landscape character, and ensure the DPD meets the tests of legal compliance and soundness.
Impact on Heritage Assets and the Historic Environment
7.1 The NPPF makes clear at paragraph 7 that “protecting and enhancing our natural, built and historic environment” is fundamental to the “presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking” (paragraph 14). Accordingly, the NPPF sets out that significant adverse impacts on the historic environment and assets should be avoided (paragraph 152).
7.2 Integral to this is the NPPF requirement that:
? “Planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment” (paragraph 61); and
? “Local Plans should…identify land where development would be inappropriate, for instance because of its environmental or historic significance” (paragraph 157).
7.3 In addition to the national planning policy set out above, the South Lakeland Core Strategy sets out protection for heritage assets at a local district wide level. More specifically, Core Strategy Policy CS1.1 (4) makes clear the “need to safeguard the essential character and appearance of those buildings and sites that make a positive contribution to the special architectural or historic interest of the area”.
7.4 With respect to Kendal itself, Core Strategy Policy CS2 aims to “safeguard and enhance buildings, sites and areas of heritage and cultural importance” and “ensure greenfield development is sympathetic to…the historic character and setting of Kendal and may also need to address archaeological impacts”. Linked to this is the Core Strategy for Kendal tomorrow set out at paragraph 3.30, which includes that by 2025 “significant new housing and employment development has been incorporated in a way that is sensitive to the local landscape characteristics and the historic assets within the town.
7.5 Core Strategy Policy CS8.6 adds further weight to the heritage asset protection set out above by offering support for a number of provisions including:
? “The safeguarding and, where possible, enhancing of historic environment assets, including their characteristic settings and any attributes that contribute to a sense of local distinctiveness. Such assets include listed buildings and features (both statutory and locally listed), conservation areas, scheduled ancient monuments and registered parks and gardens.”
? “Actions that will ensure the proper conservation of all heritage assets, giving particular priority to those identified as being at risk”
? “The safeguarding and, where possible enhancement of, locally important archaeological sites and features within the historic environment”
7.6 In light of the heritage protection policy set out above, English Heritage has stated as part of the Land Allocations consultation response, that the local planning authority should draw attention to any sites where any impact upon the historic environment, heritage assets or their settings is anticipated.
7.7 Helsington Laithes is identified in figure 22 of the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as a historic, small nucleated settlement, located immediately to the west of the proposed allocation of the land at Scroggs Wood (E4M). It includes the Grade II* Listed Helsington Laithes farmhouse, the Grade II* Listed Bridge carrying drive to north-east of Helsington Laithes farmhouse and the Grade II Listed Bridge carrying farm road to north-east of Helsington Laithes farmhouse.
7.8 To the east of the land at Scroggs Wood is the Grade II listed Helsington Laithes Mill and the Watercrook Roman Fort Scheduled Ancient Monument (SAM). In addition, Scroggs Wood itself is of historical interest as it is believed to be of ancient origin.
7.9 It is evident from the above, that the land at Scroggs Wood is surrounded by and visible from a considerable number of heritage assets to the north, east and west. An integral feature of all of these heritage assets is their historic rural setting surrounded by predominantly open, undeveloped land, which includes the land at Scroggs Wood. The proposed allocation and subsequent development of the land at Scroggs Wood would therefore have a significant impact on the listed buildings and bridges at Helsington Laithes, Helsington Laithes Mill, the Watercrook Roman Fort and Scroggs Wood, by transforming their rural setting to one of urban development.
7.10 Given the number of heritage assets that surround the land at Scroggs Wood, and the fact the land’s current open and undeveloped nature is integral to their setting, it is difficult to see how the strategic employment development proposed could be undertaken without a significant resulting detrimental impact on these heritage assets
7.11 In addition, the land at Scroggs Wood itself is identified in the Cumbria Historic Landscape Characterisation Database Guide (July 2009) as forming part of an ancient enclosure (figure 22), which is likely to be medieval in origin.
7.12 It is clear from this and the surrounding heritage assets, that the land at Scroggs Wood is of historical and archaeological interest, and therefore a heritage asset in its own right. The likely heritage impact of the proposed development has not been assessed in any detail as part of the evidence base to inform the Land Allocations DPD SA and decision to allocate the land.
7.13 In light of the above, the strategic employment development proposed by allocation E4M is likely to have a significant and unacceptable detrimental impact on heritage assets and the historical environment both forming part of the land, as well as the setting of those located adjacent to it. In particular, the development will transform the rural setting, which is an integral part of the historic interest of the adjacent heritage assets comprising the listed buildings and bridges at Helsington Laithes and Helsington Laithes Mill, the Watercrook Roman Fort SAM and Scroggs Wood, to one of urban development. A fundamental consideration in this is the height of the buildings likely to need to be constructed. To meet the current market demands for the industrial and warehouse property proposed would typically require 10 metres to ridge as a minimum for smaller units and 15 metres to ridge as a minimum for larger units.
7.14 This is contrary to NPPF and South Lakeland Core Strategy policy, and is also not considered to be the most appropriate strategy when considered against the alternatives. In respect of the latter, the heritage impact of the proposed allocation is also not considered to be correctly reflected in the Land Allocations DPD SA, which assesses the effect on the built environment (including heritage assets) and has been used to inform the decision to allocate the land at Scroggs Wood. The SA assessment is “Moderate potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”. This assessment does not reflect the true extent of the heritage impact likely to result from the development proposed by the allocation, and should therefore be revised to “Significant potential to detract from built environment, including where this would detract from the setting of a listed building or SAM”.
7.15 The SKPA therefore requested that allocation E4M be deleted from the Land Allocations DPD in order for it to meet the tests of legal compliance and soundness, by avoiding the resulting significant impact on heritage assets and the historic environment.
Impact on Environmental and Ecological Interests
8.1 As set out above, integral to the NPPF’s presumption in favour of sustainable development, is the environmental role that the planning system must perform (paragraph 7). Essential to this environmental role is the need to ensure future development, contributes “to protecting and enhancing our natural, built and historic environment”.
8.2 The NPPF continues by setting out at paragraph 152 that “significant adverse impacts on any of these dimensions (economic, social or environmental) should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued”. Building on this point, the NPPF sets out at paragraph 109 the requirement that the planning system should “minimising impacts on biodiversity”
8.3 In line with the NPPF, at a local district wide level Policy CS1.1 (2) and (3) of the South Lakeland Core Strategy set out the need to “protect the countryside for its intrinsic beauty, diversity and natural resources and also for its ecological, geological, cultural and historical, economic, agricultural, recreational and social value”.
8.4 Building on Policy CS1.1, Core Strategy Policy CS8.4 requires that all development proposals should “protect, enhance and restore the biodiversity and geodiversity value of land and buildings”.
8.5 In respect of Kendal itself, Core Strategy Policy CS2 aims to “ensure that new development safeguards and enhances the natural environment and local biodiversity – notably the SSSIs and SACs within the area, including the River Kent and its tributaries – and opportunities are taken to create new habitats”.
8.6 It is clear from the policy set out above, the clear policy requirement that future development proposed in the South Lakeland Allocation DPD minimises any impact and, where possible, enhance the natural environment and biodiversity.
8.7 The land at Scroggs Wood is surrounded by environmental and ecological interests in the form of the River Kent to the east and Scroggs Wood itself to the north. The River Kent is designated as a Special Area of Conservation (SAC) and a Site of Special Scientific Interest (SSSI).
8.8 With respect to Scroggs Wood, the River Kent’s tributaries, including those running through Scroggs Wood, are also designated as SSSI. The Cumbria Wildlife Trust also acknowledge that Scroggs Wood is of high biodiversity value.
8.9 In addition to the above, the land at Scroggs Wood itself is of high biodiversity interest in its own right. It containing hedgerows and Cumbria Wildlife Trust states the site is possibly used by breeding waders, bats and other breeding birds.
8.10 It is clear from the above that there are important ecological and biodiversity interests located both within the land at Scroggs Wood and immediately around it, including protected sites. The proposed strategic employment development (E4M) is therefore likely to have a significant detrimental impact, by destroying and disturbing important and established habitats and species.
8.11 In light of the above, the SKPA strongly requests that the current proposed strategic employment development allocation of the land at Scroggs Wood is deleted from the Land Allocations DPD.
Loss of important Local Green Space
9.1 Avoiding significant impact on the natural environment is a fundamental requirement of the NPPF (paragraph 152). Linked to this, is the provision in the NPPF which sets out that “local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them” (paragraph 76), in order to protect them from future development. Paragraph 77 provides further clarity that such “Local Green Space” designations should only be used:
? “where the green space is in reasonably close proximity to the community it serves;
? where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife; and
? where the green area concerned is local in character and is not an extensive tract of land.”
9.2 At a local level, Core Strategy Policy CS2 sets out a number of aims for the future development of Kendal, including “improve local green infrastructure, including parks, green spaces and allotments.”
9.3 In light of the above, the Land Allocations DPD identifies Open Space across the South Lakeland District. This includes proposed allocations of land as Amenity Open Space. The definition of Amenity Open Space is land “which is not accessible to the public but which nonetheless has amenity value because of its openness, appearance or landscape quality” (paragraph 2.63).
9.4 As set out in more detail above, the land at Scroggs Wood is of significant value in terms of its contribution to landscape character, as well as heritage, environmental and ecological interests. Fundamental to this is the important role the green space plays in maintaining the landscape character and rural setting of southern Kendal, as well as the historical, environmental and ecological interests both within and surrounding the site.
9.5 It should also be noted that part of the land at Scroggs Woods (to the south east) falls within Flood Zone 3a. In addition, in the Kendal Fact File (February 2012) it is noted that “the Environment Agency state there is possible flood risk from watercourse along northern boundary (with)…some historic flooding here“. The importance of the land at Scroggs Wood to mitigate flood risk both on site and to the surrounding area is therefore clear.
9.6 After considering the above, it is clear that the land at Scroggs Wood qualifies as Amenity Open Space in line with paragraph 2.63 of the Land Allocation DPD. More specifically, given the significant amenity value of the land resulting from the openness, appearance and landscape quality of the land, it clearly meets the Land Allocations definition of Amenity Open Space.
9.7 This is acknowledged in the Kendal Local Level Landscape Character Assessment (March 2011) prepared by Galpin Landscape Architecture. More specifically, the land at Scroggs Wood is assessed as “important open space on entrance into Kendal with Scroggs Wood as backdrop and edge to urban settlement” and that the “open aspect and visual amenity of this area is important” (see paragraphs 8.39 and 8.40).
9.8 In light of the above, the proposed allocation of the land at Scroggs Wood for strategic employment development (E4M) would undoubtedly result in the loss of important green space which plays a vital role as Amenity Open Space. More specifically, the development proposed would result in the loss of open land the appearance of which is integral to the landscape character, as well as heritage, environmental, ecological and flood risk interests, both within and surrounding the site. The proposed strategic development allocation is therefore strongly opposed by the SKPA and wider local community and not considered to be the most appropriate strategy, particularly in light of the resulting contradiction of national and local policy.
9.9 The SKPA therefore request that the proposed strategic employment development allocation of the land at Scroggs Wood be deleted and either reallocated as Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves as local green space, and ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
Local Opposition
10.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “early and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
“A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
10.2 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the land at Scroggs Wood. This has included members of the SKPA.
10.3 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the formation of the SKPA and the coordination of the signing of a petition, which includes 390 signatories from the local community, who are in opposition to development proposed for the south of Kendal area in the Land Allocations DPD given the detrimental impacts that will result.
10.4 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed strategic development allocation of the land at Scroggs Wood is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
Unsound Allocation of Land for Employment Development
11.1 The NPPF sets out at paragraph 158 that “each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects for the area”. Importantly the NPPF requires that Local Plan strategies and assessments for employment uses should “take full account of relevant market and economic signals”.
11.2 Core Strategy Policy CS7.1 explains in broad terms how much employment land will be allocated for development across South Lakeland. The policy seeks to ensure that around 4 hectares of employment land will be allocated per annum between 2010 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
11.3 Core Strategy Policy CS7.2 then sets out the breakdown of the employment land in terms of use class type and location. The policy requires that “of the total employment land requirement of 60 hectares, 70% will be allocated for General B use and the remaining 30% specifically allocated for high quality B1 employment uses”.
11.4 Policy CS7.2 also requires that of the total 60 hectares of employment land across South Lakeland, the following provision is made in Kendal:
1. 9 hectares of land are allocated for strategic employment development;
2. 9 hectares of land are allocated for business / science park development; and
3. 3 hectares of land are allocated for local employment development in Kendal and Ulverston (equating to 1.5 ha each pro rata).
11.5 This equates to a total of 19.5 ha or 33% of the 60 hectare total (based on a pro rata assumption for local employment development land) or a maximum 21 ha or 35% of the 60 hectare total (assuming all the local employment development land is delivered in Kendal rather than Ulverston).
11.6 Strategic employment sites are defined in the Core Strategy as “large sites of 5+ hectares, located close to primary road network and aimed at larger businesses”, with business parks defined as “(h)igh quality employment sites aimed at office / high tech industry” and local employment sites defined as “(m)inimum of 1 hectare to meet a range of sizes and types of uses” (page 89).
11.7 Pursuant to this, the South Lakeland Employment Land Review (February 2012) provides more up to date employment forecast based land requirement projections. This sets out that:
“Employment forecast based land requirement projections suggest a total requirement for the plan period (2010 – 2025) of 6.2ha. Recent take-up of employment land averages 1.8ha per annum (2006 – 2011 annual average), whilst more historic take-up of employment land averages 1.54ha per annum (1999-2011 annual average). Annual take-up and employment forecast based projected land requirements, both fall well within the 3.80ha suggested by the Cumbria and Lake District Joint Structure Plan 2001 – 2016, approved April 2006 and the 4.00ha proposed in the 2005 Employment Land and Premises Study.
Given the consistent trend of take-up averaging under 2.00ha for more than the past decade, it seems a little excessive to allocate employment land at a level that is double historic average take-up. Evidence is that average annual take- up is just under 2.00ha. Making an allowance of 20% for choice and competition, this suggests a more appropriate annual target of 2.40ha or 36ha for the plan period 2010-2025.”
11.8 Based on this, the South Lakeland Employment Land Review recommends the reduction of the amount of land allocated for employment development. Accordingly, in line with the percentage split of development set out in the Core Strategy, the employment land allocation requirement for Kendal is reduced to approximately 12.6 hectares.
11.9 Notwithstanding this, Policies LA1.6, LA1.7 and LS1.8 allocate the following amount of land for employment development in Kendal:
1. 17.9 hectares of land for strategic employment development;
2. 6.52 hectares of land for business / science park development; and
3. 7.42 hectares of land for local employment development.
11.10 This equate to a total employment land allocation for Kendal of 31.84 hectares. This represents a significant over allocation of employment land in Kendal, which is both considerably above the Core Strategy policy requirement (circa 12 hectares), as well as significantly in excess of the more up to date evidence in terms of employment land requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
11.11 In respect of the proposed allocation of the land at Scroggs Wood, this site comprises the entire 17.9 hectares of land for strategic employment development.
11.12 As set out in more detail above, the proposed allocation of the land at Scroggs Wood for strategic employment development is not in line with the vision of the local community and will have significant detrimental impacts on landscape character, heritage assets and environmental, ecological and flood risk interests, as well as result in the loss of important local green space. The deletion of the allocation is therefore necessary in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.13 The proposed deletion would result in a reduction of the land allocated for employment development in Kendal from 31.84 hectares to 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in the South Lakeland Employment Land Review and is considered a sufficient over allocation. This is particularly due to the fact that the 12.6 hectare requirement is based on a significant increase on the latest employment land requirement forecast, as well as annual historic take up rates. The significant potential of the 12 hectare former quarry site at Kendal Fell in terms of contributing to local employment development needs should also be noted, given it’s location within the Lake District National Park, but within close proximity to Kendal and the South Lakeland district, particularly given the potential for a direct link to A591.
11.14 It is evident from the above that there is no clear quantitative need to allocate the land at Scroggs Wood for employment development given the environmental capacity issues / constraints discussed above (e.g. landscape, heritage, ecology and flood risk).
11.15 In addition, although the deletion of the allocation requested by the SKPA would mean that there would be no specific strategic employment site allocation in Kendal, should this be an issue it could be addressed by either:
1. Considering the allocation of an alternative less environmentally constrained strategic employment site either on the edge Kendal or (more likely) within the South Kendal Corridor and around Junction 36 of the M6 e.g. the land at Junction 36 of the M6, adjacent to the existing Moss End Business Park and the new Kendal Livestock Auction Market, with the South Lakeland Employment Land Review noting this site “has excellent links to the national road network, has a willing landowner and is not subject to significant constraints”.
Or
2. Reallocating the 6.52 hectare “Land East of Burton Road” as a strategic employment site and the 5.15 hectare “Land North of Meadowbank Business Park” as a business / science park development. Of note in respect of the latter is its significant size which clearly offers more potential than to act as a local employment site, particularly given the Council’s acknowledgement that it would be suitable for B1 uses.
11.16 Options 1 and 2 are both considered to be more appropriate employment development strategies which would ensure the Land Allocations DPD was in line NPPF and Core Strategy policy, including the guidance contained within Appendix 1 of the Core Strategy in respect of the criteria and the sequential approach to the identification of strategic employment sites. Importantly, these alternative approaches would avoid the significant environmental constraints identified above to the strategic employment development proposed for the land at Scroggs Wood.
11.17 These options would also assist in overcoming the concerns raised by the Highways Agency in terms of the cumulative impact of the development proposed in Kendal and reducing the impact on Town Centre transport network. In particular, ensuring the significant existing congestion along Milnthorpe Road (to the south of Kendal), which already backs up to the A591 at peak times, is not added to with the large increase in vehicle movements associated with the development proposed for the land at Scroggs Wood, is a further major benefit.
Conclusion
12.1 In reflection of the considerations set out above, it is clear that there are major environmental constraints to the proposed allocation of the land at Scroggs Wood as a strategic employment site. More specifically, these relate to the resulting significant, and unacceptable, impact on landscape character, heritage assets, the historic environment and ecology, as well as the loss of important local green space. As a result of these and other considerations, the proposed allocation is opposed by and not in line with the vision of the local community for the future use of the land.
12.2 Of particular note is the fact the current open and undeveloped nature of the land at Scroggs Wood is vital to the historic character and rural setting of south Kendal. The land is of high landscape value in its own right and is highly visible from a significant number of sensitive receptors in the surrounding area. These include the Lake District National Park and the considerable number of heritage assets to the north, east and west which surround the land at Scroggs Wood. Indeed, it is clear that the proposed allocation and subsequent development of the land at Scroggs Wood, would have a significant detrimental impact on the listed buildings and bridges at Helsington Laithes and Helsington Laithes Mill, the Watercrook Roman Fort SAM and Scroggs Wood, by transforming their rural setting surrounded by predominantly open, undeveloped land (which is an integral feature of all of these heritage assets), to one of urban development.
12.3 It should also be noted that Scroggs Wood is a significant landscape feature in its own right, which is widely acknowledged to form a very strong natural, defensible barrier between the built form of southern Kendal and the rural countryside beyond this. This fact is recognised by the Council in the Kendal Fact File which states the following:
“Employment and Housing Land Search Study state Scroggs Wood forms a strong boundary to the town and development to the south of this would be highly visible and therefore should not be permitted.”
12.4 It is evident from the above that the land at Scroggs Wood is visually prominent from a number of sensitive receptors in the surrounding area, and plays a vital role in ensuring an attractive gateway to both Kendal and the Lake District. Maintaining the current open and undeveloped nature of the land is therefore considered vital to the future attraction and success of Kendal and the Lake District as tourist destinations.
12.5 The environmental constraints identified above, are considered to be fundamental and insurmountable in respect of future built development on the land at Scroggs Wood. Even with extensive screening and other mitigation, it will not be possible to mitigate the detrimental impact on landscape character, heritage assets, the historic environment, ecology, flood risk and the surrounding highway network, as well as the loss of important local green space. In particular, there would be no disguising the presence of an extensive commercial development from the significant number of sensitive receptors and locations in the surrounding area.
12.6 The above considerations are not accurately reflected in the SA assessment used to inform the proposed allocation of the land at Scroggs Wood. Accordingly, the significant negative impacts in terms of landscape character, built environment, the development of greenfield land, coupled with the other negative impacts in terms of biodiversity, air quality and water supply should be noted. Together these are considered to outweigh the other sustainability considerations used to inform the proposed allocation.
12.7 In light of the above, it is clear that proposed allocation E4M is contrary to national and local policy. Of particular note are:
1. Paragraph 110 of the NPPF which makes clear Local Plans “should allocate land with the least environmental or amenity value”.
2. Core Strategy Policy CS2 which aims to “safeguard and enhance buildings, sites and areas of heritage and cultural importance” and “ensure greenfield development is sympathetic to the landscape character of Kendal and to the historic character and setting of Kendal and may also need to address archaeological impacts”.
12.8 Proposed allocation E4M is also not founded on a robust and credible evidence base (including the SA) and not considered the most appropriate strategy when considered against the reasonable alternatives. It therefore fails the tests of legal compliance and soundness.
12.9 In recognition of this, the SKPA request that the proposed strategic employment development allocation of the land at Scroggs Wood be deleted and either, reallocated as Amenity Open Space, or removed from the settlement boundary. This is vital to enable the land to maintain the important role it serves as green space, safeguarding landscape character, as well as heritage, environmental, ecological, flood risk and highway safety interests both within and surrounding the site, and therefore ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
12.10 Further to the above request, it should be noted that the Land Allocations DPD significantly over allocates employment land in Kendal when considered against both the Core Strategy requirement (circa 12 hectares), as well as the subsequent, most up to date requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
12.11 Accordingly, even with the proposed deletion of the allocation of the land at Scroggs Wood, the land allocated for employment development in Kendal would be 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in South Lakeland Employment Land Review and is considered a sufficient over allocation based on the latest employment land requirement forecast, annual historic take up rates and the significant potential of the 12 hectare former quarry site at Kendal Fell in terms of meeting local employment development needs. The proposed deletion of the allocation for the land at Scroggs Wood, including the potential reallocation of other sites as set out above, would therefore clearly not undermine the development strategy for South Lakeland, and still be in line with the employment land requirements for Kendal.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding proposed allocation E4M, particularly the impact this has on the Land Allocation DPD in terms of legal compliance and soundness. These concerns are set out above and the SKPA requests the opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
3. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 10 May 2012 08:10:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Paragraph No.
1.10
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.
Sustainability Appraisal has not been carried out and its baseline information and conclusions have not been used to inform the DPD
The DPD has not had regard to national policy and does not conform generally with the adopted Core Strategy and (until it is abolished) the Regional Spatial Strategy
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.
.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “(e)arly and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
9.2 “A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
9.3 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the Land to the south of Lumley Road. This has included members of the SKPA.
9.4 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the petition organised by the SKPA which includes 390 signatories from the local community who are in opposition to the proposed allocation (M41KM), given the vital role it plays as green space in safeguarding landscape character, as well as heritage and other environmental interests, both within and surrounding the site.
9.5 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
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 effective in that the document is not deliverable, flexible or capable of being monitored.
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.
.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “(e)arly and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
9.2 “A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
9.3 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the Land to the south of Lumley Road. This has included members of the SKPA.
9.4 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the petition organised by the SKPA which includes 390 signatories from the local community who are in opposition to the proposed allocation (M41KM), given the vital role it plays as green space in safeguarding landscape character, as well as heritage and other environmental interests, both within and surrounding the site.
9.5 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
.1 Integral to the Government’s Localism agenda is the move towards neighbourhood plans prepared by local communities. A further integral aspect is set out at paragraph 155 of the NPPF, being the importance of “(e)arly and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses”. This paragraph continues that:
9.2 “A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.”
9.3 Over the course of the preparation of the South Lakeland Land Allocations DPD there have been a significant number of objections from the local community to the proposed allocation of the Land to the south of Lumley Road. This has included members of the SKPA.
9.4 Despite there being little or no support for the development proposed from the local community, the objections raised have been ignored and the allocation taken forward. This has resulted in the petition organised by the SKPA which includes 390 signatories from the local community who are in opposition to the proposed allocation (M41KM), given the vital role it plays as green space in safeguarding landscape character, as well as heritage and other environmental interests, both within and surrounding the site.
9.5 The above is clear evidence that the proposed allocation is not based on “a collective vision and a set of agreed priorities for the sustainable development of the area”. It is therefore contrary to national policy and also not the most appropriate strategy. The SKPA therefore strongly requests that the current proposed residential development allocation of the land to the south of Lumley Road is deleted, in reflection of the of the local communities vision that the land be safeguarded from future development and ensure it meets the tests of legal compliance and soundness.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding the proposed
allocation M41KM, particularly the impact this has on the Land Allocation DPD in terms of legal
compliance and soundness. These concerns are set out above and the SKPA requests the
opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
4. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 11 May 2012 09:24:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Policy/Site No.
LA1.6 Strategic Employment Site - Site Omission
If you have selected a ‘Site omission’ please enter the site reference or location and relevant policy below
Site omission: Site M7 / E57
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.
11.14 It is evident from the above that there is no clear quantitative need to allocate the land at Scroggs Wood for employment development given the environmental capacity issues / constraints discussed above (e.g. landscape, heritage, ecology and flood risk).
11.15 In addition, although the deletion of the allocation requested by the SKPA would mean that there would be no specific strategic employment site allocation in Kendal, should this be an issue it could be addressed by either:
1. Considering the allocation of an alternative less environmentally constrained strategic employment site either on the edge Kendal or (more likely) within the South Kendal Corridor and around Junction 36 of the M6 e.g. the land at Junction 36 of the M6, adjacent to the existing Moss End Business Park and the new Kendal Livestock Auction Market, with the South Lakeland Employment Land Review noting this site “has excellent links to the national road network, has a willing landowner and is not subject to significant constraints”.
Or
2. Reallocating the 6.52 hectare “Land East of Burton Road” as a strategic employment site and the 5.15 hectare “Land North of Meadowbank Business Park” as a business / science park development. Of note in respect of the latter is its significant size which clearly offers more potential than to act as a local employment site, particularly given the Council’s acknowledgement that it would be suitable for B1 uses.
11.16 Options 1 and 2 are both considered to be more appropriate employment development strategies which would ensure the Land Allocations DPD was in line NPPF and Core Strategy policy, including the guidance contained within Appendix 1 of the Core Strategy in respect of the criteria and the sequential approach to the identification of strategic employment sites. Importantly, these alternative approaches would avoid the significant environmental constraints identified above to the strategic employment development proposed for the land at Scroggs Wood.
11.17 These options would also assist in overcoming the concerns raised by the Highways Agency in terms of the cumulative impact of the development proposed in Kendal and reducing the impact on Town Centre transport network. In particular, ensuring the significant existing congestion along Milnthorpe Road (to the south of Kendal), which already backs up to the A591 at peak times, is not added to with the large increase in vehicle movements associated with the development proposed for the land at Scroggs Wood, is a further major benefit.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding proposed allocation E4M, particularly the impact this has on the Land Allocation DPD in terms of legal compliance and soundness. These concerns are set out above and the SKPA requests the opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
5. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 11 May 2012 09:37:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Policy/Site No.
LA1.7 Business and Science Park Sites - M2M-mod KENDAL LAND EAST OF BURTON ROAD
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.
Unsound Allocation of Land for Employment Development
11.1 The NPPF sets out at paragraph 158 that “each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects for the area”. Importantly the NPPF requires that Local Plan strategies and assessments for employment uses should “take full account of relevant market and economic signals”.
11.2 Core Strategy Policy CS7.1 explains in broad terms how much employment land will be allocated for development across South Lakeland. The policy seeks to ensure that around 4 hectares of employment land will be allocated per annum between 2010 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
11.3 Core Strategy Policy CS7.2 then sets out the breakdown of the employment land in terms of use class type and location. The policy requires that “of the total employment land requirement of 60 hectares, 70% will be allocated for General B use and the remaining 30% specifically allocated for high quality B1 employment uses”.
11.4 Policy CS7.2 also requires that of the total 60 hectares of employment land across South Lakeland, the following provision is made in Kendal:
1. 9 hectares of land are allocated for strategic employment development;
2. 9 hectares of land are allocated for business / science park development; and
3. 3 hectares of land are allocated for local employment development in Kendal and Ulverston (equating to 1.5 ha each pro rata).
11.5 This equates to a total of 19.5 ha or 33% of the 60 hectare total (based on a pro rata assumption for local employment development land) or a maximum 21 ha or 35% of the 60 hectare total (assuming all the local employment development land is delivered in Kendal rather than Ulverston).
11.6 Strategic employment sites are defined in the Core Strategy as “large sites of 5+ hectares, located close to primary road network and aimed at larger businesses”, with business parks defined as “(h)igh quality employment sites aimed at office / high tech industry” and local employment sites defined as “(m)inimum of 1 hectare to meet a range of sizes and types of uses” (page 89).
11.7 Pursuant to this, the South Lakeland Employment Land Review (February 2012) provides more up to date employment forecast based land requirement projections. This sets out that:
“Employment forecast based land requirement projections suggest a total requirement for the plan period (2010 – 2025) of 6.2ha. Recent take-up of employment land averages 1.8ha per annum (2006 – 2011 annual average), whilst more historic take-up of employment land averages 1.54ha per annum (1999-2011 annual average). Annual take-up and employment forecast based projected land requirements, both fall well within the 3.80ha suggested by the Cumbria and Lake District Joint Structure Plan 2001 – 2016, approved April 2006 and the 4.00ha proposed in the 2005 Employment Land and Premises Study.
Given the consistent trend of take-up averaging under 2.00ha for more than the past decade, it seems a little excessive to allocate employment land at a level that is double historic average take-up. Evidence is that average annual take- up is just under 2.00ha. Making an allowance of 20% for choice and competition, this suggests a more appropriate annual target of 2.40ha or 36ha for the plan period 2010-2025.”
11.8 Based on this, the South Lakeland Employment Land Review recommends the reduction of the amount of land allocated for employment development. Accordingly, in line with the percentage split of development set out in the Core Strategy, the employment land allocation requirement for Kendal is reduced to approximately 12.6 hectares.
11.9 Notwithstanding this, Policies LA1.6, LA1.7 and LS1.8 allocate the following amount of land for employment development in Kendal:
1. 17.9 hectares of land for strategic employment development;
2. 6.52 hectares of land for business / science park development; and
3. 7.42 hectares of land for local employment development.
11.10 This equate to a total employment land allocation for Kendal of 31.84 hectares. This represents a significant over allocation of employment land in Kendal, which is both considerably above the Core Strategy policy requirement (circa 12 hectares), as well as significantly in excess of the more up to date evidence in terms of employment land requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
11.11 In respect of the proposed allocation of the land at Scroggs Wood, this site comprises the entire 17.9 hectares of land for strategic employment development.
11.12 As set out in more detail above, the proposed allocation of the land at Scroggs Wood for strategic employment development is not in line with the vision of the local community and will have significant detrimental impacts on landscape character, heritage assets and environmental, ecological and flood risk interests, as well as result in the loss of important local green space. The deletion of the allocation is therefore necessary in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.13 The proposed deletion would result in a reduction of the land allocated for employment development in Kendal from 31.84 hectares to 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in the South Lakeland Employment Land Review and is considered a sufficient over allocation. This is particularly due to the fact that the 12.6 hectare requirement is based on a significant increase on the latest employment land requirement forecast, as well as annual historic take up rates. The significant potential of the 12 hectare former quarry site at Kendal Fell in terms of contributing to local employment development needs should also be noted, given it’s location within the Lake District National Park, but within close proximity to Kendal and the South Lakeland district, particularly given the potential for a direct link to A591.
11.14 It is evident from the above that there is no clear quantitative need to allocate the land at Scroggs Wood for employment development given the environmental capacity issues / constraints discussed above (e.g. landscape, heritage, ecology and flood risk).
11.15 In addition, although the deletion of the allocation requested by the SKPA would mean that there would be no specific strategic employment site allocation in Kendal, should this be an issue it could be addressed by either:
1. Considering the allocation of an alternative less environmentally constrained strategic employment site either on the edge Kendal or (more likely) within the South Kendal Corridor and around Junction 36 of the M6 e.g. the land at Junction 36 of the M6, adjacent to the existing Moss End Business Park and the new Kendal Livestock Auction Market, with the South Lakeland Employment Land Review noting this site “has excellent links to the national road network, has a willing landowner and is not subject to significant constraints”.
Or
2. Reallocating the 6.52 hectare “Land East of Burton Road” as a strategic employment site and the 5.15 hectare “Land North of Meadowbank Business Park” as a business / science park development. Of note in respect of the latter is its significant size which clearly offers more potential than to act as a local employment site, particularly given the Council’s acknowledgement that it would be suitable for B1 uses.
11.16 Options 1 and 2 are both considered to be more appropriate employment development strategies which would ensure the Land Allocations DPD was in line NPPF and Core Strategy policy, including the guidance contained within Appendix 1 of the Core Strategy in respect of the criteria and the sequential approach to the identification of strategic employment sites. Importantly, these alternative approaches would avoid the significant environmental constraints identified above to the strategic employment development proposed for the land at Scroggs Wood.
11.17 These options would also assist in overcoming the concerns raised by the Highways Agency in terms of the cumulative impact of the development proposed in Kendal and reducing the impact on Town Centre transport network. In particular, ensuring the significant existing congestion along Milnthorpe Road (to the south of Kendal), which already backs up to the A591 at peak times, is not added to with the large increase in vehicle movements associated with the development proposed for the land at Scroggs Wood, is a further major benefit.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding proposed allocation E4M, particularly the impact this has on the Land Allocation DPD in terms of legal compliance and soundness. These concerns are set out above and the SKPA requests the opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
6. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 11 May 2012 09:43:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Policy/Site No.
LA1.8 Local Employment Allocations - E23K# KENDAL LAND NORTH OF MEADOWBANK BUSINESS PARK
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.
Unsound Allocation of Land for Employment Development
11.1 The NPPF sets out at paragraph 158 that “each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects for the area”. Importantly the NPPF requires that Local Plan strategies and assessments for employment uses should “take full account of relevant market and economic signals”.
11.2 Core Strategy Policy CS7.1 explains in broad terms how much employment land will be allocated for development across South Lakeland. The policy seeks to ensure that around 4 hectares of employment land will be allocated per annum between 2010 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
11.3 Core Strategy Policy CS7.2 then sets out the breakdown of the employment land in terms of use class type and location. The policy requires that “of the total employment land requirement of 60 hectares, 70% will be allocated for General B use and the remaining 30% specifically allocated for high quality B1 employment uses”.
11.4 Policy CS7.2 also requires that of the total 60 hectares of employment land across South Lakeland, the following provision is made in Kendal:
1. 9 hectares of land are allocated for strategic employment development;
2. 9 hectares of land are allocated for business / science park development; and
3. 3 hectares of land are allocated for local employment development in Kendal and Ulverston (equating to 1.5 ha each pro rata).
11.5 This equates to a total of 19.5 ha or 33% of the 60 hectare total (based on a pro rata assumption for local employment development land) or a maximum 21 ha or 35% of the 60 hectare total (assuming all the local employment development land is delivered in Kendal rather than Ulverston).
11.6 Strategic employment sites are defined in the Core Strategy as “large sites of 5+ hectares, located close to primary road network and aimed at larger businesses”, with business parks defined as “(h)igh quality employment sites aimed at office / high tech industry” and local employment sites defined as “(m)inimum of 1 hectare to meet a range of sizes and types of uses” (page 89).
11.7 Pursuant to this, the South Lakeland Employment Land Review (February 2012) provides more up to date employment forecast based land requirement projections. This sets out that:
“Employment forecast based land requirement projections suggest a total requirement for the plan period (2010 – 2025) of 6.2ha. Recent take-up of employment land averages 1.8ha per annum (2006 – 2011 annual average), whilst more historic take-up of employment land averages 1.54ha per annum (1999-2011 annual average). Annual take-up and employment forecast based projected land requirements, both fall well within the 3.80ha suggested by the Cumbria and Lake District Joint Structure Plan 2001 – 2016, approved April 2006 and the 4.00ha proposed in the 2005 Employment Land and Premises Study.
Given the consistent trend of take-up averaging under 2.00ha for more than the past decade, it seems a little excessive to allocate employment land at a level that is double historic average take-up. Evidence is that average annual take- up is just under 2.00ha. Making an allowance of 20% for choice and competition, this suggests a more appropriate annual target of 2.40ha or 36ha for the plan period 2010-2025.”
11.8 Based on this, the South Lakeland Employment Land Review recommends the reduction of the amount of land allocated for employment development. Accordingly, in line with the percentage split of development set out in the Core Strategy, the employment land allocation requirement for Kendal is reduced to approximately 12.6 hectares.
11.9 Notwithstanding this, Policies LA1.6, LA1.7 and LS1.8 allocate the following amount of land for employment development in Kendal:
1. 17.9 hectares of land for strategic employment development;
2. 6.52 hectares of land for business / science park development; and
3. 7.42 hectares of land for local employment development.
11.10 This equate to a total employment land allocation for Kendal of 31.84 hectares. This represents a significant over allocation of employment land in Kendal, which is both considerably above the Core Strategy policy requirement (circa 12 hectares), as well as significantly in excess of the more up to date evidence in terms of employment land requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
11.11 In respect of the proposed allocation of the land at Scroggs Wood, this site comprises the entire 17.9 hectares of land for strategic employment development.
11.12 As set out in more detail above, the proposed allocation of the land at Scroggs Wood for strategic employment development is not in line with the vision of the local community and will have significant detrimental impacts on landscape character, heritage assets and environmental, ecological and flood risk interests, as well as result in the loss of important local green space. The deletion of the allocation is therefore necessary in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.13 The proposed deletion would result in a reduction of the land allocated for employment development in Kendal from 31.84 hectares to 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in the South Lakeland Employment Land Review and is considered a sufficient over allocation. This is particularly due to the fact that the 12.6 hectare requirement is based on a significant increase on the latest employment land requirement forecast, as well as annual historic take up rates. The significant potential of the 12 hectare former quarry site at Kendal Fell in terms of contributing to local employment development needs should also be noted, given it’s location within the Lake District National Park, but within close proximity to Kendal and the South Lakeland district, particularly given the potential for a direct link to A591.
11.14 It is evident from the above that there is no clear quantitative need to allocate the land at Scroggs Wood for employment development given the environmental capacity issues / constraints discussed above (e.g. landscape, heritage, ecology and flood risk).
11.15 In addition, although the deletion of the allocation requested by the SKPA would mean that there would be no specific strategic employment site allocation in Kendal, should this be an issue it could be addressed by either:
1. Considering the allocation of an alternative less environmentally constrained strategic employment site either on the edge Kendal or (more likely) within the South Kendal Corridor and around Junction 36 of the M6 e.g. the land at Junction 36 of the M6, adjacent to the existing Moss End Business Park and the new Kendal Livestock Auction Market, with the South Lakeland Employment Land Review noting this site “has excellent links to the national road network, has a willing landowner and is not subject to significant constraints”.
Or
2. Reallocating the 6.52 hectare “Land East of Burton Road” as a strategic employment site and the 5.15 hectare “Land North of Meadowbank Business Park” as a business / science park development. Of note in respect of the latter is its significant size which clearly offers more potential than to act as a local employment site, particularly given the Council’s acknowledgement that it would be suitable for B1 uses.
11.16 Options 1 and 2 are both considered to be more appropriate employment development strategies which would ensure the Land Allocations DPD was in line NPPF and Core Strategy policy, including the guidance contained within Appendix 1 of the Core Strategy in respect of the criteria and the sequential approach to the identification of strategic employment sites. Importantly, these alternative approaches would avoid the significant environmental constraints identified above to the strategic employment development proposed for the land at Scroggs Wood.
11.17 These options would also assist in overcoming the concerns raised by the Highways Agency in terms of the cumulative impact of the development proposed in Kendal and reducing the impact on Town Centre transport network. In particular, ensuring the significant existing congestion along Milnthorpe Road (to the south of Kendal), which already backs up to the A591 at peak times, is not added to with the large increase in vehicle movements associated with the development proposed for the land at Scroggs Wood, is a further major benefit.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding proposed allocation E4M, particularly the impact this has on the Land Allocation DPD in terms of legal compliance and soundness. These concerns are set out above and the SKPA requests the opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
7. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 11 May 2012 09:51:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Policy/Site No.
LA1.8 Local Employment Sites - All Kendal sites
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.
Unsound Allocation of Land for Employment Development
11.1 The NPPF sets out at paragraph 158 that “each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence about the economic, social and environmental characteristics and prospects for the area”. Importantly the NPPF requires that Local Plan strategies and assessments for employment uses should “take full account of relevant market and economic signals”.
11.2 Core Strategy Policy CS7.1 explains in broad terms how much employment land will be allocated for development across South Lakeland. The policy seeks to ensure that around 4 hectares of employment land will be allocated per annum between 2010 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
11.3 Core Strategy Policy CS7.2 then sets out the breakdown of the employment land in terms of use class type and location. The policy requires that “of the total employment land requirement of 60 hectares, 70% will be allocated for General B use and the remaining 30% specifically allocated for high quality B1 employment uses”.
11.4 Policy CS7.2 also requires that of the total 60 hectares of employment land across South Lakeland, the following provision is made in Kendal:
1. 9 hectares of land are allocated for strategic employment development;
2. 9 hectares of land are allocated for business / science park development; and
3. 3 hectares of land are allocated for local employment development in Kendal and Ulverston (equating to 1.5 ha each pro rata).
11.5 This equates to a total of 19.5 ha or 33% of the 60 hectare total (based on a pro rata assumption for local employment development land) or a maximum 21 ha or 35% of the 60 hectare total (assuming all the local employment development land is delivered in Kendal rather than Ulverston).
11.6 Strategic employment sites are defined in the Core Strategy as “large sites of 5+ hectares, located close to primary road network and aimed at larger businesses”, with business parks defined as “(h)igh quality employment sites aimed at office / high tech industry” and local employment sites defined as “(m)inimum of 1 hectare to meet a range of sizes and types of uses” (page 89).
11.7 Pursuant to this, the South Lakeland Employment Land Review (February 2012) provides more up to date employment forecast based land requirement projections. This sets out that:
“Employment forecast based land requirement projections suggest a total requirement for the plan period (2010 – 2025) of 6.2ha. Recent take-up of employment land averages 1.8ha per annum (2006 – 2011 annual average), whilst more historic take-up of employment land averages 1.54ha per annum (1999-2011 annual average). Annual take-up and employment forecast based projected land requirements, both fall well within the 3.80ha suggested by the Cumbria and Lake District Joint Structure Plan 2001 – 2016, approved April 2006 and the 4.00ha proposed in the 2005 Employment Land and Premises Study.
Given the consistent trend of take-up averaging under 2.00ha for more than the past decade, it seems a little excessive to allocate employment land at a level that is double historic average take-up. Evidence is that average annual take- up is just under 2.00ha. Making an allowance of 20% for choice and competition, this suggests a more appropriate annual target of 2.40ha or 36ha for the plan period 2010-2025.”
11.8 Based on this, the South Lakeland Employment Land Review recommends the reduction of the amount of land allocated for employment development. Accordingly, in line with the percentage split of development set out in the Core Strategy, the employment land allocation requirement for Kendal is reduced to approximately 12.6 hectares.
11.9 Notwithstanding this, Policies LA1.6, LA1.7 and LS1.8 allocate the following amount of land for employment development in Kendal:
1. 17.9 hectares of land for strategic employment development;
2. 6.52 hectares of land for business / science park development; and
3. 7.42 hectares of land for local employment development.
11.10 This equate to a total employment land allocation for Kendal of 31.84 hectares. This represents a significant over allocation of employment land in Kendal, which is both considerably above the Core Strategy policy requirement (circa 12 hectares), as well as significantly in excess of the more up to date evidence in terms of employment land requirements set out in the South Lakeland Employment Land Review (circa 19.24 hectares or an increase of 150%).
11.11 In respect of the proposed allocation of the land at Scroggs Wood, this site comprises the entire 17.9 hectares of land for strategic employment development.
11.12 As set out in more detail above, the proposed allocation of the land at Scroggs Wood for strategic employment development is not in line with the vision of the local community and will have significant detrimental impacts on landscape character, heritage assets and environmental, ecological and flood risk interests, as well as result in the loss of important local green space. The deletion of the allocation is therefore necessary in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
11.13 The proposed deletion would result in a reduction of the land allocated for employment development in Kendal from 31.84 hectares to 13.94 hectares. This still represents 11% above the total requirement for Kendal to 2025 set out in the South Lakeland Employment Land Review and is considered a sufficient over allocation. This is particularly due to the fact that the 12.6 hectare requirement is based on a significant increase on the latest employment land requirement forecast, as well as annual historic take up rates. The significant potential of the 12 hectare former quarry site at Kendal Fell in terms of contributing to local employment development needs should also be noted, given it’s location within the Lake District National Park, but within close proximity to Kendal and the South Lakeland district, particularly given the potential for a direct link to A591.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding proposed allocation E4M, particularly the impact this has on the Land Allocation DPD in terms of legal compliance and soundness. These concerns are set out above and the SKPA requests the opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
8. Mr Alex Willis, BNP Paribas Real Estate on behalf of South Kendal Preservation Association : 11 May 2012 16:05:00
Before completing this online representation please tick the box to show you have read the 'Guidance Notes for Making a Representation'
I have read the guidance notes
Paragraph No.
2.18
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.
The DPD is not effective in that the document is not deliverable, flexible or capable of being monitored.
The DPD is not consistent with national policy.
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.
Over Allocation of Land for Housing
10.1 The NPPF sets out a number of provisions at paragraph 47 in respect of ensuring local planning authorities set out a significant supply of housing, including through the use of:
“their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period”
10.2 Core Strategy Policy CS1.2 explains in broad terms how much new housing will be built across South Lakeland and where. The ambition is to deliver 400 dwellings per year between 2003 and 2025, with 35% (140 dwellings p.a.) to be provided in Kendal.
10.3 Kendal housing requirements to 2025 are set out in Table 1B of the Land Allocations DPD, with these calculated to be 1,961 dwellings. However, the allocations proposed in the Land Allocations DPD for Kendal equates to 2,185 dwellings. These allocations represent a 10% increase on the requirement for Kendal, 38% of total requirement for South Lakeland (5,778) and 36% of total allocations for South Lakeland (6,085).
10.4 In addition to this, Policy LA1.4 of the Land Allocations DPD proposes land at Appleby Road and Burton Road in Kendal as further broad locations to meet long term housing needs.
10.5 In respect of the proposed allocation of the land to the south of Lumley Road (M41KM), Policy LA1.3 sets out that the land has an estimated capacity of 122 dwellings on 4.64 ha (26.3 dwellings per hectare).
10.6 As set out in more detail above, the proposed allocation of the land to the South of Lumley Road for residential development is not in line with the vision of the local community and will have significant detrimental impacts in terms of impacts on landscape character and heritage assets, as well as result in the loss of important local green space. The deletion of the allocation is therefore needed in order to ensure the Land Allocations DPD meets the tests of legal compliance and soundness.
10.7 The proposed deletion would result in a reduction of the land allocated for residential development in Kendal from 2,185 dwellings to 2,063. This still represents 5% above the total requirement for Kendal to 2025 set out in Table 1B (1,961 dwellings) and is considered a sufficient over allocation, particularly given the additional areas identified in Kendal as broad locations to meet long term housing needs. It would also still be in line with the Core Strategy requirement that 35% of housing development proposed across South Lakeland be provided in Kendal.
11.6 Further to the above request, it should be noted that the Land Allocations DPD over allocates land in Kendal when considered against the housing requirements. The proposed deletion of the allocation for the land would therefore not undermine, and still be in line with, the Core Strategy requirement that 35% of housing development proposed across South Lakeland be provided in Kendal.
3.1 If your representation is seeking a change, do you consider it necessary to participate in the oral part of the examination?
YES, I 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.
The SKPA is an important local community group with major concerns regarding the proposed
allocation M41KM, particularly the impact this has on the Land Allocation DPD in terms of legal
compliance and soundness. These concerns are set out above and the SKPA requests the
opportunity to debate these concerns further with the Inspector as part of the Examination.
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me