Response from Mr Michael Fennell (Individual)
1. Mr Michael Fennell (Individual) : 6 Sep 2013 11:47:00
Please add your response below, quoting the further proposed main modification reference number or relevant document title including reference to section / page / paragraph: (limit 3000 words)
Dear Mr. Berkeley,
Examination of the South Lakeland Land Allocations DPD: Land East of Castle Green Road (Ref R121M)
Thank you for your reply to my letter dated 20th June 2013.
I am grateful for your reassurances in your letter that the matter concerning the land referenced above and in particular, the Great Crested Newts on the site, is being treated with full seriousness.
However, I do note your reply does accept that some of your comments did cause amusement to some in the Council Chamber. I was also a little bemused by our response to the "I won't be looking for any newts" query from my letter. To suggest that some people in the Council Chamber would assume that you would undertake a "professional survey of the wildlife present" on a site visit has got to be a spurious supposition. Many, if not all in the Chamber and public galleries at these hearings are very au fait with planning law and legislation concerning protected wildlife and subsequently I do find this response an excuse for a blithe comment.
Notwithstanding, I am encouraged and convinced that you have reviewed the evidence put forward to you as you have stated. It is my opinion that the acting participants on the opposing side to the Council have acted with probity and have presented the most cogent case to you.
If I may say so the Council have operated shabbily and with obfuscation making it very difficult for the public to garner the necessary information and evidence. A case in point, many relevant links to papers and documents are down or unavailable on the Council's website. When data can be accessed online such as their Biodiversity Data of Assesses Site (Jan 2012) the information for site R121M has no mention of the presence of Great Crested Newts or even the potential for Great Crested Newts. I feel strongly that the evidence from the Council presented to you in some cases is insubstantial evidence and I refer you as an example to my letter sent to you dated 9th June 2013 "Flooding and Hydrology R121M". In conclusion, I proposed the development at site R121M (mod) does not comply with the provisions of the National Planning Policy Framework. I am still of that opinion and I asked respectfully that the site be removed from the development plan.
Yours sincerely,
Michael Fennell
