3 responses from Mr. Richard Pearse, National Trust
1. Mr. Richard Pearse, National Trust : 19 Dec 2017 10:04:00
A typed or handwritten document was submitted. This has been scanned and can be downloaded below:
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Appendices, maps or other
Appendix 3 - List of Key Settlement Landscapes
1.1 Do you consider the AONB DPD to be legally compliant?
Yes
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 consistent with national policy
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.
The supporting text for Policy AS06 (paragraph 4.3.2) clarifies that the intention of the policy is to conserve areas of open space “that make a particular and important contribution to the character of settlements in the AONB”. As a major landowner and manager in the AONB, The National Trust recognises the importance of conserving the areas of open space identified by the policy, and is strongly supportive of the approach in principle.
We are concerned however, in regard to the specific area of coverage identified as ‘S260’ in the Inset Map Book at our property at Bank House Farm, Silverdale. The proposed designation includes the farm and farmyard. Bank House Farm is a working farm, and the base for the National Trust countryside management team in the AONB.
The proposed policy wording for AS06 is very restrictive with regard to new development proposals. This is consistent with the aims outlined in the supporting text, and as noted, we are supportive in principle of this approach, where it applies to open space. We do not feel that it is appropriate to apply such a restrictive approach to a working farm/team base however. Whilst we do not envisage major development taking place at the farm, we would wish to ensure that the flexibility is retained to enable any suitable small-scale developments which may be required in due course, necessary to the on-going effective management of the farm.
In the National Trust’s view therefore, the area currently identified as ‘S260’ fails the tests of soundness. We do not consider that it is justified or effective. It raises conflict with the NPPF presumption in favour of sustainable development, specifically in regard to paragraph 28, ‘Supporting a prosperous rural economy’.
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.
We have attached a plan, indicating the area (in red) [SEE ATTACHED] which in our view should be removed from S260, in order for it to be considered sound.
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.
The Trust would wish to ensure that this issue is suitably addressed. We appreciate that there may be a variety of alternatives to the option we have suggested, which may require debate.
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2. Mr. Richard Pearse, National Trust : 19 Dec 2017 10:08:00
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Policy Reference
AS01 - Development Strategy
1.1 Do you consider the AONB DPD to be legally compliant?
Yes
1.3 Do you consider the AONB DPD to be sound?
Yes
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.
The National Trust is strongly supportive of the proposed Development Strategy, as set out in
Policy AS01. The Trust owns a significant amount of land in the AONB, (including Arnside Knott), which it also manages.
The great majority of the National Trust land in the AONB has been declared inalienable. This is a power conferred on the National Trust by the National Trust Acts, which seeks to ensure that the special qualities of the land in question are protected and conserved in perpetuity, for the benefit of the nation.
Policy AS01 adopts a landscape capacity-led approach to development in the AONB. Given the wide range of special qualities - notably its landscape character, but also its high ecological and cultural heritage value - and associated sensitivities of the AONB, it is appropriate that a landscape capacity-led approach is taken. The supporting text to the policy explains the reasons why the Councils have not sought to set targets for the amount of development to be achieved. This approach is consistent with NPPF policy (notably paragraph 115), and the statutory purposes of AONB designation.
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3. Mr. Richard Pearse, National Trust : 19 Dec 2017 10:11:00
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Paragraph No.
2.1.1
1.1 Do you consider the AONB DPD to be legally compliant?
Yes
1.3 Do you consider the AONB DPD to be sound?
Yes
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.
The National Trust is strongly supportive of the proposed Vision and Objectives, as set out in
Chapter 2. The Trust owns a significant amount of land in the AONB, (including Arnside Knott),
which it also manages.
The great majority of the National Trust land in the AONB has been declared inalienable. This is a power conferred on the National Trust by the National Trust Acts, which seeks to ensure that the special qualities of the land in question are protected and conserved in perpetuity, for the benefit of the nation.
The Vision and Objectives for the Plan reflect the statutory Managment Plan for the AONB, in
placing recognition of the many varied special qualities of the area at the heart of the DPD, and in seeking to ensure that the conservation of these qualities is given priority. This is consistent with the National Trust's approach to the managment of its own land in the AONB, and is consistent with the statutory purposes of AONB designation.
The approach the DPD takes, as specified in the Vision and Objectives, is therefore legally compliant and sound. It is based on a comprehensive range of data, which has been compiled by the Councils and the AONB Unit, which enables wider understanding of the environmental characteristics and sensitivities of the AONB, and its socio-economic profile. The approach taken is consistent with NPPF guidance - notably paragraph 115, in regard to the approach to be taken in AONB.
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