Response from Mr David John Prescott (Individual)
1. Mr David John Prescott (Individual) : 6 Dec 2018 16:08:00
Please make your comments in the box below. When referring to the schedule, please include the appropriate reference number e.g. MM1.
Please find the following observation on the DPD Minor Modifications document ref: MIN05
OBJECTION TO MIN05
Inclusion of the Core Strategies, Saved Local Plans and unamended Land Allocations DPD dated Dec 2013 for use within the National Parks until replaced by new Local Plans.
This paragraph should be reviewed or amended for the following reasons:
Under the Town and Country Planning (Local Planning)(England) Regulations, Regulation 10A, Local Plans must be reviewed every 5 years.
There is no evidence that any robust, in-depth, review has been undertaken for land allocations that are now included in the extended National Parks.
HM Inspector when reviewing the Land Allocation DPD made specific reference to National Parks - Inspector’s Matters (Ex005B) Par 2.1 “Does it take proper account of circumstances and strategies beyond the district’s planning boundaries, and the possibility of the National Parks expanding within the district?”
The 2012 edition of the NPPF Par 115 states: “Great weight should be given to conserving landscape and scenic beauty in national Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in National Parks and the Broads”.
The Secretary of State for Environment and Rural Affairs’ decision letter concerning the National Park extensions was issued on 23 October 2015. Within it she used the phraseology (Par 14b) “The Order should take effect from 1st August 2016 to permit local arrangements to be made to transfer the planning role and address the make-up of the Lake District National Park Authority (LDNPA).”
Determination by Natural England that at least one of the sites in the SLDC Land Allocation Plan is a “Priority Habitat” - as described in the UK Biodiversity Action Plan as Lowland Mixed Deciduous Woodland. This contravenes SLDC’s own extant Core Policy CS8.4: “Development proposals that would have a direct or indirect adverse effect on nationally, sub-regional, regional and local designated site and non-protected sites that are considered to have geological and biodiversity value, will not be permitted unless: They cannot be located on alternative sites that would cause less or no harm”
The Lake District National Park has received UNESCO status as a World Heritage Site: this is a material consideration in LDNPA planning decisions.
The LDNPA Local Plan has been delayed and is unlikely to have completed its review and inspection before October 2019 – some 4 years after the Secretary of States’ Order and almost 6 years after the publication of the land allocation DPD. In the context of a statutory 5-year review period, this delay is unacceptable.
It is suggested that, in order to protect the Lake District National Park and to comply with extant and proposed policies in addition to the National Policy Planning Framework, the paragraph should read: “Within the areas of the National Parks, the relevant extant National Park Local Plans and Policies will be applied until such time as they are revised”.
David Prescott