Local Plan 2011-2031 Proposed Submission Draft

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Object

Local Plan 2011-2031 Proposed Submission Draft

Policy SP5: Countryside and Green Belt

Representation ID: 1646

Received: 30/11/2016

Respondent: Jarvis Homes Ltd

Agent: DLA Town Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

We object to the location of the proposed Green Belt boundary around the village of Offley, specifically in relation to a site at the Rookery, Harris Lane, Offley.

Full text:

Summary - we object to the location of the proposed Green Belt boundary around the village of Offley, specifically in relation to a site at the Rookery, Harris Lane, Offley.

The Council proposes to designate a new area of Green Belt. As part of these proposals, the village of Offley is proposed to be inset from the proposed Green Belt and a new Green Belt boundary created around the village. The proposed Green Belt boundary appears to follow the existing settlement boundary of Offley, as shown on the adopted Local Plan proposals map. The location of the boundary in relation to the Rookery site is shown at Appendix A, Figures A3 and A4.

However, on 19 August 2016 planning permission was granted for the erection of three dwellings on land adjacent to the Rookery. The decision notice and approved plans are attached as Appendix B. This decision post-dates the publication of the Council's Green Belt Review (in July 2016) and the SHLAA (in March 2016). The land to which this permission relates is outside of the proposed village boundary i.e. within the proposed Green Belt.

In addition, the barn adjacent to the Rookery has planning consent for conversion to a dwelling, a two storey side extension and a detached double garage. The decision notice and approved plans for this development are attached as Appendix C. This development would also be within the proposed Green Belt boundary.

Appendix A, Figures A3 and A4 show the approximate locations of both approved development sites plotted on a plan of the area and an aerial photograph.

An essential characteristic of Green Belts is their permanence. It is therefore important that newly established boundaries are robust and can endure. Including recently approved development within a newly defined area of Green Belt makes no sense and would only serve to undermine the proposed Green Belt.

Notwithstanding the approved development, local planning authorities must follow advice in the NPPF when defining new Green Belt boundaries - not only in demonstrating exceptional circumstances to justify any changes (paragraph 83) but also to "define boundaries clearly, using physical features that are readily recognisable and likely to be permanent" (paragraph 85). The same test does not apply to defining village boundaries so merely following the previous village boundary would not be consistent with the approach in the NPPF.

The current village boundary divides the house known as the Rookery from the rest of its garden. There is no readily recognisable physical feature that forms the basis for this new Green Belt boundary. This is clear from the aerial photograph at Appendix A, Figure A1.

This is also reflected in the Council's assessment of this site in the SHLAA:

"Small, broadly square site located to south of Great Offley. Site well bounded on three sides by Harris Lane, hedgerow and woodland. However no boundary with adjoining Rookery and site sits within curtilage of this listed building and impact on setting a significant consideration."

Notwithstanding the conclusion about development potential, the lack of a boundary between the Rookery and its curtilage creates a problem in terms of defining a new Green Belt boundary.

This situation and the relationship between the site and its surroundings are addressed in paragraph 4.3.4 of the officer report on the recent approved application for three dwellings. Under "character and appearance", the officer states:

"The site is currently undeveloped orchard land attached to the main dwelling at 'The Rookery' The land has a frontage with Harris Lane which serves both 'The Rookery', The Red Lion public house and Nos 1 -3 Old Vicarage Cottages. Harris Lane also serves the adjacent barn also sited fronting Harris Lane which benefits from a recent planning permission for its conversion into a 3 bed dwelling and extension. The application site immediately adjoins the Offley Village boundary, the dwelling at 'The Rookery' being within the village boundary. To the east of the site is an arable field with the boundary between the field and the orchard being defined by a hedgerow with several semi-mature trees. The above factors suggest that the application site is more associated with the village settlement than with the open countryside to the east albeit that the site is located on the outer limb of the village as defined by Harris Lane. It is my view that a small development as proposed here of three dwellings would not necessarily be out of keeping with the nearby built development or the semi - rural character of area particularly given the traditional form of the dwellings, the farmyard layout and the use of more rural materials such as timber cladding, brick plinths and plain tiles and natural slate roofs all of which are commonly found in rural locations."

The officer's report highlights the strength of the boundary to the east of the development and the stronger association with the village settlement than with the open countryside to the east. We concur with this analysis.

It is clear that the currently proposed Green Belt boundary is unsuitable and not "sound", both on account of the recent substantial development approved within the proposed Green Belt and the lack of a readily recognisable Green Belt boundary. An appropriate boundary can be defined by following the footpath line to the north, the "hedgerow with several semi-mature trees" to the east of the site and then Harris Lane to the south. This proposed boundary is shown at Appendix A, Figures A3 and A4. This proposed boundary follows existing landscape features, as required by the NPPF and would be a sound boundary. It would also include the recently approved development within the village envelope.


Appendices
Appendix A - Aerial photographs and illustrations
Appendix B - decision notice and approved plans for development ref 15/02656/1
Appendix C - decision notice and approved plans for development ref 16/01409/1

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