4 responses from Mr Tim Tomlinson, c/o DPS Limited
1. Mr Tim Tomlinson, c/o DPS Limited : 17 Apr 2012 14:38:00
A typed or handwritten document was submitted. This has been scanned and can be downloaded below:
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.
SO Site Omission
If you have selected a ‘Site omission’ please enter the site reference or location and relevant policy below
R83 and R83M Council Housing Site off Birchfield Road, Endmoor This representation relates both to the omission of the site as a housing site and to the inclusion of the site as an amenity space site known as AS122. It therefore relates also to tyne text of paragraphs 2.60 - 2.65, however the online form does not allow representations that refer to both paragraphs and site omissions. This is a flaw in the consultation process.
Text from submitted paperwork
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
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.
SA not used to inform conclusions
This site should be included as a Housing site and not as a Amenity Space site because it scores higher than other sites within the Sustainability Appraisal for housing development. Therefore the SA has not been used correctly to inform the allocations.
Not had regard to NPPF
The DPD does not positively seek out opportunities for meeting the development needs of Endmoor nor does it provide suitable flexibility to react to rapid change contrary to NPPF 14.
The plan making approach has not been proactive, nor creative in finding ways to provide both housing and good amenity for the residents of Endmoor contrary to NPPF17.
Internally inconsistent and incorrect
In relation to paragraphs 2.60 - 2.64 the document referred to as the Open Space Sport and Recreation Assessment makes no reference to this site whatsoever and considers such space as public space which this is not. It says that private amenity open spaces have been assessed separately in consultation with Parish Councils. This has not occurred in any open, transparent or meaningful way. Nor has the promise set out in 2.64 to 'where possible opportunities will be taken to enhance and increase the value of Amenity Open Space. The allocation of this site as housing land with a sensible development brief would provide such an opportunity.
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.
Not justified or based on credible evidence or appropriate given the alternatives.
This site should be included as a housing site as it already has an extant consent for Council Housing. The development of housing on this site would be the only way of improving public access to the site and better public amenity. This is acknowledged by the Council in the 'Endmoor Fact File'. It performs better than other sites in Endmoor for housing development in the Sustainability Appraisal. The existing amenity value and biodiversity of the site is acknowledged to be low. Both of these could be improved with the appropriate level of development on the site.
Not effective
The site has little true amenity value.
To retain the site as amenity space will further lead to the degradation of the biodiversity of the site, prevent public access to the site and prevent sensible flexibility for the development of the site over the duration of the plan.
Not consistent with National Policy
The NPPF seeks that LPA conduct plan making through a process of positively seeking opportunities to meet the development needs of communities. The clear opportunity presented by this site has been ignored.
Further supplementary submission, as below:
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Development Brief ! 23 February 2012
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
Development Brief ! 23 February 2012
(see also attached plan)
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.
There are a number of facets to the assessment of this site as a suitable housing site including the site history as a Council Housing Site, the Council's Sustainability Appraisal and the 'Factfile' which supports this site as a housing site, the flawed public consultation exercise which the Council has relied upon to justify its position. An alternative Development Brief prepared by the landowner to support this inclusion of this site in the housing DPD will be presented to the Inspector. All of these issues will be set out to the Inspector in oral evidence.
Furthermore, the contrary inclusion of the site as amenity green space is both perverse and illogical given the evidence before the Council and the requirements of the NPPF. Some questioning of the Council's officers on there reasoning for such an allocation is required. Indeed an element of cross examination would be considered appropriate in these circumstances. (subject to the inspectors approval)
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
2. Mr Tim Tomlinson, c/o DPS Limited : 10 May 2012 10:18:00
A typed or handwritten document was submitted. This has been scanned and can be downloaded below:
Policy/Site No.
LA1.10 Existing Green Infrastructure
If you have selected a ‘Site omission’ please enter the site reference or location and relevant policy below
Ref. AS122
R83 and R83M Council Housing Site off Birchfield Road, Endmoor This representation relates both to the omission of the site as a housing site and to the inclusion of the site as an amenity space site known as AS122. It therefore relates also to tyne text of paragraphs 2.60 - 2.65, however the online form does not allow representations that refer to both paragraphs and site omissions. This is a flaw in the consultation process.
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.
SA not used to inform conclusions
This site should be included as a Housing site and not as a Amenity Space site because it scores higher than other sites within the Sustainability Appraisal for housing development. Therefore the SA has not been used correctly to inform the allocations.
Not had regard to NPPF
The DPD does not positively seek out opportunities for meeting the development needs of Endmoor nor does it provide suitable flexibility to react to rapid change contrary to NPPF 14.
The plan making approach has not been proactive, nor creative in finding ways to provide both housing and good amenity for the residents of Endmoor contrary to NPPF17.
Text from submitted paperwork
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Development Brief ! 23 February 2012
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
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.
Not justified or based on credible evidence or appropriate given the alternatives.
This site should be included as a housing site as it already has an extant consent for Council Housing. The development of housing on this site would be the only way of improving public access to the site and better public amenity. This is acknowledged by the Council in the 'Endmoor Fact File'. It performs better than other sites in Endmoor for housing development in the Sustainability Appraisal. The existing amenity value and biodiversity of the site is acknowledged to be low. Both of these could be improved with the appropriate level of development on the site.
Not effective
The site has little true amenity value.
To retain the site as amenity space will further lead to the degradation of the biodiversity of the site, prevent public access to the site and prevent sensible flexibility for the development of the site over the duration of the plan.
Not consistent with National Policy
The NPPF seeks that LPA conduct plan making through a process of positively seeking opportunities to meet the development needs of communities. The clear opportunity presented by this site has been ignored.
Further supplementary submission, as below:
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Development Brief ! 23 February 2012
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
Development Brief ! 23 February 2012
(see also attached plan)
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.
There are a number of facets to the assessment of this site as a suitable housing site including the site history as a Council Housing Site, the Council's Sustainability Appraisal and the 'Factfile' which supports this site as a housing site, the flawed public consultation exercise which the Council has relied upon to justify its position. An alternative Development Brief prepared by the landowner to support this inclusion of this site in the housing DPD will be presented to the Inspector. All of these issues will be set out to the Inspector in oral evidence.
Furthermore, the contrary inclusion of the site as amenity green space is both perverse and illogical given the evidence before the Council and the requirements of the NPPF. Some questioning of the Council's officers on there reasoning for such an allocation is required. Indeed an element of cross examination would be considered appropriate in these circumstances. (subject to the inspectors approval)
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
3. Mr Tim Tomlinson, c/o DPS Limited : 10 May 2012 10:29:00
A typed or handwritten document was submitted. This has been scanned and can be downloaded below:
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.
LA1.3 Housing Allocations - Site Omission
If you have selected a ‘Site omission’ please enter the site reference or location and relevant policy below
R83 and R83M Council Housing Site off Birchfield Road, Endmoor This representation relates both to the omission of the site as a housing site and to the inclusion of the site as an amenity space site known as AS122. It therefore relates also to tyne text of paragraphs 2.60 - 2.65, however the online form does not allow representations that refer to both paragraphs and site omissions. This is a flaw in the consultation process.
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.
SA not used to inform conclusions
This site should be included as a Housing site and not as a Amenity Space site because it scores higher than other sites within the Sustainability Appraisal for housing development. Therefore the SA has not been used correctly to inform the allocations.
Not had regard to NPPF
The DPD does not positively seek out opportunities for meeting the development needs of Endmoor nor does it provide suitable flexibility to react to rapid change contrary to NPPF 14.
The plan making approach has not been proactive, nor creative in finding ways to provide both housing and good amenity for the residents of Endmoor contrary to NPPF17.
Text from submitted paperwork
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Development Brief ! 23 February 2012
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
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.
Not justified or based on credible evidence or appropriate given the alternatives.
This site should be included as a housing site as it already has an extant consent for Council Housing. The development of housing on this site would be the only way of improving public access to the site and better public amenity. This is acknowledged by the Council in the 'Endmoor Fact File'. It performs better than other sites in Endmoor for housing development in the Sustainability Appraisal. The existing amenity value and biodiversity of the site is acknowledged to be low. Both of these could be improved with the appropriate level of development on the site.
Not effective
The site has little true amenity value.
To retain the site as amenity space will further lead to the degradation of the biodiversity of the site, prevent public access to the site and prevent sensible flexibility for the development of the site over the duration of the plan.
Not consistent with National Policy
The NPPF seeks that LPA conduct plan making through a process of positively seeking opportunities to meet the development needs of communities. The clear opportunity presented by this site has been ignored.
Further supplementary submission, as below:
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Development Brief ! 23 February 2012
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
Development Brief ! 23 February 2012
(see also attached plan)
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.
There are a number of facets to the assessment of this site as a suitable housing site including the site history as a Council Housing Site, the Council's Sustainability Appraisal and the 'Factfile' which supports this site as a housing site, the flawed public consultation exercise which the Council has relied upon to justify its position. An alternative Development Brief prepared by the landowner to support this inclusion of this site in the housing DPD will be presented to the Inspector. All of these issues will be set out to the Inspector in oral evidence.
Furthermore, the contrary inclusion of the site as amenity green space is both perverse and illogical given the evidence before the Council and the requirements of the NPPF. Some questioning of the Council's officers on there reasoning for such an allocation is required. Indeed an element of cross examination would be considered appropriate in these circumstances. (subject to the inspectors approval)
Please tick the box if you wish to be notified when the document is submitted, published and adopted.
Please notify me
4. Mr Tim Tomlinson, c/o DPS Limited : 10 May 2012 10:35:00
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.
2.60
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.
Internally inconsistent and incorrect
In relation to paragraphs 2.60 - 2.64 the document referred to as the Open Space Sport and Recreation Assessment makes no reference to this site whatsoever and considers such space as public space which this is not. It says that private amenity open spaces have been assessed separately in consultation with Parish Councils. This has not occurred in any open, transparent or meaningful way. Nor has the promise set out in 2.64 to 'where possible opportunities will be taken to enhance and increase the value of Amenity Open Space. The allocation of this site as housing land with a sensible development brief would provide such an opportunity.
Text from submitted paperwork
Site at Oxenber, Endmoor - Site R83
Site description and designation
The site is currently open space occasionally used for grazing. It is surrounded by
residential properties which back onto it. There is no public access, although a public
footpath forms the northern boundary of the site. There are no trees or planting of any
kind within the site. A soakaway for new housing at the south western boundary has been
constructed.
The site has been designated as Amenity Open Space within the previous Local Plan.
This designation prevents any development such as housing. Ironically, however, the site
also has an extant planning consent (ie a valid consent) for ‘Council Housing’ across the
whole site which was granted in 1957.
The site has been proposed for housing in the consultation for land allocations in the
current Local Development Framework. The Council has indicated that it wishes to
designate the site again as Amenity Open Space.
The Issues
The consultation process for land allocations resulted in 45 comments about Endmoor.
These comments raised the following issues:
• The need for bungalows
• The need for public open space
• The need for allotments
• Increased traffic within Endmoor (including Birchfield road)
• The sewage system is at capacity
• Opposition to housing at all sites including R670 and M41
In detail, most (33 or 73%) of the comments opposed development at the other sites
(R670 and M41) put forward for housing in Endmoor. Those that opposed development on
this (R83) site stated their concerns to be:
• Access and traffic generation
• Sewage
• Using up green space
• Too much development (30+ houses)
The proposal
The proposal we are putting forward seeks to address the concerns raised in the Land
Allocations Consultation by:
• Seeking a low level of development at about 9 dwellings rather than 30 +
• Providing a sustainable drainage system to put little extra strain on the existing sewage
system
• Providing new green space with public access
• Providing bungalows for local people (through a local occupancy condition)
• Providing allotments for local people
• Providing a wildlife and orchard area
• Providing a new play area for local children (if required)
Development Brief ! 23 February 2012
Traffic
It is clear that much of the opposition to development on this site is a result of fears of
increased traffic along Birchfield Road and in particular regarding the junction opposite the
school. However, with site developed for only 9 new dwellings, any increase in traffic will
be reduced considerably from that resulting from 30 + houses. This number of dwellings
would produce around 30 vehicle movements per day.
Open Space
Many of the comments referred to the site being a Green Lung or a green space.
However, currently it has no special qualities in terms of planting, public access or wildlife
features which restrict the benefit it can bring to local people. This proposal seeks to allow
public access and create a much improved wildlife area including a wetland area,
allotments and an orchard. This can only happen if some of the site is developed for
housing. The land that is not developed can then be designated as Amenity Open Space
with public access.
Allotments
A portion of the site will be set aside for allotments, for local people to use. Advice will be
sought from the Parish Council on the best way to organise this. Part of the allotment site
will be offered to the school to use in project work and to encourage local children to learn
about growing food.
Play Area
A play area has been indicated on the plan. This would be aimed at local young children
(under 11s). However, the upkeep of the play equipment will need to be arranged in
discussion with South Lakeland District Council and the Parish Council.
The Pond/wetland area
The pond/wetland area can be fenced off for safety, however access will be available via
the allotment holders. The pond will help provide a wider wildlife habitat on the site and
will provide a soakaway facility for the site drainage facility.
Sewage
Discussions with United Utilities will provide either, a foul sewer only connection to the
mains sewer with clean surface water separately going to the pond; or a package
treatment plan on site. Both solutions will be designed to not increase the runoff from the
site into drains.
House types
The proposal suggests 4no Bungalows, 4no semidetached houses and 1no detached
house. These would be available only to local people (ie those from Preston Richard
parish or surrounding parishes.) The bungalows would also have an age restriction to
ensure that only households with a person over 55 years old could occupy them. It may
also be possible (subject to viability) that some of the houses are provided as affordable
housing (sold at 60% market value or rented at 80% market rent) for local people.
Next Steps
This proposal will be presented to South Lakeland District Council, Preston Richard Parish
Council, local people and the Planning Examiner with a view to ensuring that the Land
Allocations do not prevent this development from going ahead. For more information
contact DPS Ltd 017683 71532.
