Response from Ms Caroline Caudwell, Arnside Parish Council
1. Ms Caroline Caudwell, Arnside Parish Council : 18 Dec 2017 12:07:00
Before completing this online representation please tick the box to show that you have read the guidance notes accompanying this consultation.
I have read the guidance notes
Paragraph No.
5.2.1
1.1 Do you consider the AONB DPD to be legally compliant?
No
1.2 If NO please indicate which test of legal compliance your representation relates to by selecting the relevant option(s) below.
The process of community engagement for the DPD is not in general accordance with the councils' Statements of Community Involvement
The councils have not followed the 'Duty to Cooperate' requirements set out in Section 110 of the Localism Act 2011
1.3 Do you consider the AONB DPD to be sound?
No
1.4 If NO please indicate the ground(s) on which you consider the DPD to be unsound
The DPD is not justified
The DPD is not effective
1.5 Please give details of why you consider the DPD is not legally compliant or is unsound or fails to comply with the Duty to Cooperate. Please be as precise as possible.
If you wish to support the legal compliance or soundness of the DPD or its compliance with the Duty to Cooperate, please also use this box to set out your comments.
Arnside Parish Council believes that the designation of area A15/16 should be included in the housing allocations forming policy AS15. The decision was based on inaccurate/ false information that the land is woodland, has historic value and is public access land. Also that the authority it has not shown due regard for the evidence presented or the opinions of consultees. The documentation used for the designation of the site was inaccurate this was highlighted by APC at the outset. It has not been used for village fairs/fetes or any other communal use since the purchase of the memorial Playing Fields in 1947. It is not designated on the Historic Environment Record.
Its current use is as grazing land that backs on to Redhills Road not woodland - the properties on that side of the field have all benefitted from mains sewerage put in by the current owner when planning permission to develop the site was granted circa 1973.
The Landscape and Visual Field Survey carried out suggests that it would be detrimental to the Character of the AONB only if the whole site is developed but does allow for a small amount of development as suggested by Arnside Parish Council during consultation without a detrimental effect
“Landscape and Visual Field Survey Sheet Project Name: Lancaster City Council SHLAA Sites (AONB). Project Number: UA001453. Receptor Ref: Site A15, Red Hills Road, Arnside (Development / Open space) Date of Survey: 07/03/2016…. Surveyor: R Kitch Arcadis Ltd Page 5 Landscape and Visual Field Survey Sheets Recommendations There is the potential for open space use on Site a15 with some associated small scale single story vernacular building and associated landscape proposals within the north west corner of the site. The open, undeveloped remainder of the site should be retained to contribute to the urban / pasture farmland mosaic character. The nature of Site A15 is considered to have the capacity to accommodate a vernacular style building with appropriate landscape proposals without resulting in harm to the character and visual amenity of the AONB.”
It is therefore not a justified decision when the evidence and alternatives are considered. Other sites Hollins Lane AS18 has been split to allow a small area for development without the detriment caused by developing the whole area.
1.6 Please set out what modification(s) you consider necessary to resolve your objection and make the DPD legally compliant or sound, having regard to the matter(s) you have identified above. (Please note that any non-compliance with the Duty to Cooperate is incapable of modification at examination). You will need to say why this modification will make the DPD legally compliant or sound. It will be helpful if you are able to put forward your suggested revised wording of any policy or text. Please be as precise as possible.
The inclusion of a small amount of development in this area would increase the number of houses available to enable the DPD to meet its duty to meet the objectively assessed needs for the AONB and therefore become effective. It also considers evidence and comparative treatment with alternatives to ensure the plan is justified.
2.1 If your representation is seeking a modification, do you wish to participate at the oral part of the Examination?
Yes, I wish to participate at the oral examination
2.2 If you wish to participate at the oral part of the Examination, please outline why you consider this to be necessary.
In order to make sure that the information concerning this site is accurate and fairly assessed.
Please tick the box if you wish to be notified when the document is submitted, recommendations published and adopted.
Please notify me