Response from Mr John Copestake, Bourne Leisure, C/o Lichfields
1. Mr John Copestake, Bourne Leisure, C/o Lichfields : 18 Dec 2017 15:47:00
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
Policy Reference
AS02 - Landscape
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.
On behalf of our client, Bourne Leisure Ltd., please find below representations in response to South Lakeland District Council’s consultations on the Arnside & Silverdale AONB Development Plan Publication Document.
By way of background to these representations, Bourne Leisure operates Lakeland Leisure Park which is located to the south of Flookburgh.
This letter supplements completed representation forms on both consultations and demonstrates that a number of policies are considered at present to be unsound in the context of the tests that are set out in the National Planning Policy Framework [the Framework].
The Framework [§182] states that to be sound, a plan must meet the following tests:
- Positively Prepared: the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
- Justified: the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence.
- Effective: the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities.
- Consistent with National Policy: the plan should enable the delivery of sustainable development in accordance with the policies in the Framework.
Policy AS02
Bourne Leisure endorses the Council’s overall approach to the conservation and enhancement of the landscape and natural beauty of the Arnside & Silverdale AONB. Whilst policy AS02 as stated refers to sites within the AONB, Bourne Leisure considers that explicit clarification that for sites falling within the setting of the AONB rather than being within it, it may be possible and appropriate to mitigate against any harmful impact, whether that be through design, screening or other means.
It is therefore considered that this policy is unsound as it fails to meet the tests requiring the plan to be: positively prepared; justified; and, consistent with national policy. It also needs to be consistent with the suggested approach to be taken in the Council’s Development Management DPD’s policies, including DM1 and 18.
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.
It is therefore suggested that the following clause be added to the policy as drafted:
“(VII) demonstrate that any identified harm can and will be mitigated against in such a way that meets the requirements and limitations of clauses (I) through (V) above.”
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 fully state our case.
Please tick the box if you wish to be notified when the document is submitted, recommendations published and adopted.
Please notify me
