Tuesday 30 November 2010

Kitelands Recreation Ground – erection of new play equipment


Planning Application CB/10/02226/FULL – submitted on behalf of Biggleswade Town Council


On the 2nd June 2010 I sent an email to the Biggleswade Town Clerk:

Can you tell me what two individuals with surveying equipment are doing over Kitelands Recreation Ground, near the enclosed children’s play area ??

The reply was less than forthcoming:

I would imagine that they are surveying the site.

Not satisfied with that reply I asked again:

I expected a civil answer from you.

I would have thought the Town Council should know WHY they are doing this on their property.

Have the Town Council appointed them and if so WHY they are doing it, or shall I go and ask them??

The next reply was a little more enlightening:

The surveyors are appointed by the Town Council to carryout a survey of the entire site.

I responded:

Thank you for that. What's the big secret, is there any particular reason or did you just feel like spending some money??

The reply from the Town Clerk was:

There are no secrets we have carried out this process on other sites, the surveys can be useful in many ways to include submitting planning applications.

I am on leave now so should you have any other queries please contact enquiries@biggleswadetowncouncil.gov.uk

On the 2nd July 2010, Central Bedfordshire sent me a consultation letter for the above scheme. Perhaps this was just a big coincidence !!

On Planning Application forms nowadays at Section 15 there are a series of questions that need to be answered. This is a scan of the actual completed application form.


The answers are all in the negative but it is fairly common knowledge, that the recreation ground was built over contaminated land and is included in the Register of Contaminated Land, described as Pit 72, which was once used for depositing commercial and household waste. There is no need for alarm as the site was capped off properly and I know that regular methane and surface water run off testing is carried out.

A contamination assessment is merely a desktop study, which can be carried out quite quickly.

I pointed out to the Central Bedfordshire Planning Officer that the application should be declared invalid as the application was incorrect. I was told I should bring any issues up within the consultation period which was ending on 23rd July 2010. I supported the application but pointed out again that the application should be declared invalid.

On the 26th July the Planning Officer agreed and wrote to the Biggleswade Town Council Agent:

“ I refer to your planning application received 14 June 2010 in respect of the above, and write to advise you that this cannot be continued with owing to the following reasons:

1.     During the statutory consultation process I have been made aware that this land is a former landfill site. This land is considered to be contaminated. Question 15 should have been answered and an appropriate contamination assessment should have been submitted. This application has been subsequently made invalid due to this information. This application will not be made valid until new application forms are submitted reflecting this information and the contamination assessment. A judgement can then be made about the appropriateness of this development. It is important to establish how deeply the landfill is buried to ensure the foundations of the play equipment would be safe, and also to ensure there would not be any significant dangerous substances or gas, there might also be issues arising over taking any matter away from the site.

It would be appreciated if the above requirements could be provided by 16th August 2010 in order to validate your application. Please quote the application reference at the top of this letter when responding. If I do not hear from you by this date, your application will be withdrawn and returned to you.

Apparently no action was taken on this letter until the Town Council meeting of 24th August. The application by this time was invalid. I was at the meeting and none of the Councillors seem to understand what the letter meant. They had never had to do this before, which is worrying since the contaminated land register came into effect in 1990.

It was “resolved” that Councillor Peter Vickers would discuss the application with CBC planning Department and report back to the Town Council.

Prior to the 28th September Town Council meeting I wrote to the Town Clerk:

The above application was sent back because your agent stated that the site was not contaminated or part of the site was not suspected to be contaminated.

It seemed to be common knowledge that the site was either contaminated, or adjacent land was contaminated . This was apparently not known by your agent and I am surprised that completed application forms are not shown to you before they are sent in.

As far as I know there were no objections to the application. The letter dated 26th July 2010, from the Planning Officer, Annabel Gammell gave you the opportunity to validate the application, by submitting an appropriate contamination assessment by 16th August ,which you have failed to do.

Contaminated land assessments were not a requirement when other applications were submitted for Kitelands. They are in this case, a paper exercise, gathering information from the various agencies and could have easily been completed within the timescales.

The minute shown for the 24th August 2010 Town Council Meeting is simply not correct. The application can be continued with and could have been validated and can still be resubmitted, albeit now with another planning fee, providing it is accompanied by a contamination assessment

At the 28th September meeting, (I was there), Peter Vickers said that he had spoken to David Lamb of Central Bedfordshire and they could either provide a contamination assessment or ask the company providing the play equipment to carry out a risk assessment. The minutes of the 28th September meeting say:

Matters Arising

Minutes of the Town Council Meeting held on 24th August 2010 – Page 5 – item 11c – The Town Clerk updated Members regarding the letter received from Central Bedfordshire Council.

Very informative and incorrect.

In the Biggleswade Chronicle of 5th November, Councillor Wendy Smith, Mayor wrote:

“Why can Central Beds construct new play areas without informing the town council, but create untold problems for us when we want to add equipment to an already long established play area?”

I just had to respond:
As far as the play area is concerned, Central Bedfordshire did not "create untold problems" for the Town Council, they just asked them to comply with planning regulations in providing required information. A paper exercise. They even gave them adequate time to do it, but they failed to do so.  That’s another £167.50 of our money, wasted on the application alone, as they will have to reapply.
I have yet to see another aplication.

Biggleswade Health Centre

Biggleswade Health Centre, sports pitches, changing facilities with car parking, relocation of allotments, travelling show peoples site, woodland, meadowland and children's play area

Planning Application CB/10/00518/OUT - to view the application go to: www.centralbedfordshire.gov.uk/portal/index.asp

The Project was proposed at the Public Land and Open Spaces Committee Meeting of Biggleswade Town Council on 16th June 2009 under the name of "Sports Village". It was "approved" at Biggleswade Town Council Meeting of 23rd June 2009. The Town Clerk admits that the minutes do not reflect the discussions that took place. So you will not find the any record of approvals for funding shown in any of the minutes.

NOTE: In May 2005 when the Primary Care Trust applied for Planning Permission for a Health Centre on the very same site (albeit a much smaller area of it) Biggleswade Town Council unanimously objected to the proposals. So what has changed ?

Between 14th September 2009 and 28th October 2009, the Biggleswade Town Plan Steering Group carried out a Consultation exercise by questionnaire. Some 1220 questionnaires were completed and one of the questions was:

"The current intention is to combine The Baulk and The Saffron Road surgeries. Where do you think this new medical centre should be located?"

The response received was:   Town Centre - 774    Outside Town Centre - 311    No Response - 135


The results are conclusive as to the preferences of the residents of Biggleswade.
Full results from the Biggleswade Town Plan Questionnaire are available for you to download at: http://www.biggleswadetownplan.org.uk/

The Planning Application was submitted on 8th February 2010. Central Bedfordshire's letter of 22nd February 2010, to the Agent, states that  the Application cannot be validated for six reasons. These reasons include the requirement to provide a Flood Risk Assessment, a Biodiversity and Protected Species Survey and a Tree Survey. These documents needed to be produced by 15th March 2010. Documents sufficient to validate the application were received by Central Bedfordshire on 23rd March 2010.

Costs up to the time of the planning application were: planning application £18,092.50; Article 6 Notice £116.63; Agents Fees £28,210.00 = £46,419.13

I wrote to the Biggleswade Chronicle and my letter was published on 25th June 2010.

Does anybody know why Biggleswade Town Council is spending nearly £50,000 of our money, on an outline planning application for : A Health Centre, which will be run by the Primary Care Trust. A travelling show peoples site, for a commercial organisation. 17 Sports pitches, with changing facilities. Children's Play Area. Woodland meadow. The Planning Application alone was £18,092.50, plus £28,210 for drawings, a Health Centre Assessment, Flood Risk Assessment, Planning Design and Access Statement, Transport Assessment, tree survey, land search, biodiversity & protected species survey.

In the Biggleswade Chronicle for 9th July 2010 there was a response from David Lawrence, Central Bedfordshire and Biggleswade Town Councilor.

In reply to Richard Mason (letters June 25), the Biggleswade Town Council plan to acquire planning permission and deliver a public benefit includes a health centre - having consulted with our 11 doctors in their two practices, further allotment space, sports pitches in one location for protection and maintenance, a site for the showman's guild, and open space for all ages to use.

To set this up studies were made for land title, transport, flooding and alternative planning. All these items addressed different silos of staff within Central Bedfordshire and the chances of integration if not created by the town council are minimal.  The town council therefore took the initiative and sponsored an integrated plan hiring its own expert consultants and architects.

Clearly in transferring rights to the showman's guild and the health trust the town would seek compensation for its efforts on their behalf that would cover some of the town investment in the wider integrated approach.

It is those of us who live in the town who understand the town and all its multiplicity of use during the year. No single silo of thinking from Central Beds will be better than local integrated knowledge and there are no adequate plans to think at integrated town level within Central Bedfordshire.

Clearly it is up to Central Beds Officers to listen to the voice of Biggleswade elected representatives and enable Biggleswade to create a balanced town where housing to the north and jobs to the south are balanced by leisure, culture and healthy living in between.

Whilst we were all wondering what he was talking about, Michael King of Sage Close, Biggleswade put it into words, with a letter which was published in the Biggleswade Chronicle on 23rd July 2010.

The letter from David Lawrence "Local knowledge to keep town balanced" (Letter July 9) is worrying.
Has Mr Lawrence been appointed as portfolio holder for inventing new words for Central Bedfordshire or has he been listening to too much spin and "management speak".

 According to my Collins Concise Dictionary, a silo is:
1. a pit, trench or tower, often cylindrical in shape, in which sileage is made and stored. Or
2. an underground position in which missile systems are sited for protection.

Can he, therefore, explain what "silos of staff within Central Bedfordshire", and "No single silo of thinking from Central Bedfordshire", actually means? Surely even the staff at Central Bedfordshire do not work or do their thinking in a pit, trench, tower or underground bunker. I live in the town and understand the town, just as he says, but I can't understand him.

On the 21st July 2010 the application was considered by the Central Bedfordshire Development Management Committee, the Planning Committee to you and me. The recommendation by the Planning Officer was for refusal. I will not go into the details of the Planning Officers report as it is 34 pages in total. To summarise the Planning Officer said: 1. Insufficient justification for a development outside of the  defined Settlement envelope. 2.Insufficient information of the detrimental impact upon ecology and habitats. 3. Insufficient information of the detrimental impact upon heritage assets.

The Primary Care Trust comments on the proposal were : "NHS Bedfordshire is aware of the Town Council's intent to try and develop the Saxon Drive land and of the inclusion of an area allocated for a "health centre". We have not had any input into the supporting document "Health Centre Assessment" and it is important to note that NHS Bedfordshire does not endorse the document or the conclusion it reaches over a location."

After the meeting there appeared to be some confusion as to what had been decided and I was  told that the Committee did vote in favour of refusal 8 to 5. The Biggleswade Town Council's Agent thought the application had been refused. I obtained clarification from Central Bedfordshire and they advised me that it had been decided that Biggleswade Town Council should produce a proper Biodiversity and Protected Species Survey and a proper Archaeological Report and the application was deferred for three cycles (months) and would be reconsidered at the October 2010 meeting. In order to meet this date, it was agreed with the Agent for Biggleswade Town Council, that the reports would be with Central Bedfordshire by 1st September 2010.

A number of groups consulted on the application commented that there needed to be Biodiversity and Protected Species Survey produced. Looking at the documents published on Central Bedfordshire's Planning web site there appeared to be no Bio Diversity Study, but when I challenged Central Bedfordshire, they said they had one, but it was not in the "public domain". I asked them to publish it, but they refused saying it was sensitive, but I could go and see it at their offices, but I could not take a copy and it was their intention not to publish the new report when it was available. I took advice from Natural England who said that this was not normal practice but reports were published with information concerning, for example badgers, edited out. Central Bedfordshire still refused to publish it. I lodged a complaint with the Information Commissioners Office and soon afterwards Central Bedfordshire reconsidered their position and published the report with half a line of text arbitrarily blanked out. The report published amounted to eleven pages of mostly photographs. This could never be accepted as a meaningful report but it was enough to validate the planning application. It was prepared by unlicensed and untrained personnel and not in a format that was acceptable.

The comment from the representative of The Wildlife Trust for Bedfordshire when I sent them a copy of the  "edited" Bio Diversity Study, was amusing.

Thanks, I'm stunned. I notice that "the hedgerows have various species of trees and shrubs"!! Interesting to see what comes next.

Then there was the classic " blind and selfish" letter from  Biggleswade Town Councillor, George Wilson, published in the Chronicle on 13th August 2010. The arrogance and frustration of the Town Council of not getting their own way, without being questioned, was beginning to show through.

"There have been several letters strongly supporting the new health centre remaining in the town. Perhaps the following figures may make them realise this is not practicable.

Firstly, the health centre now has 1,200 patients and the Baulk 10,000 patients. In the next few years there will be another 6,000 coming from the Land East development. Both centres are desperately short of space and deal with more than 1,000 patients a week. Can you imagine the chaos with 2,000 patients attending each week?

Somebody suggested Bonds Lane, but the developer was granted permission on appeal to build retail premises and residential properties there. The developer has not put the land up for sale, for £2 million I believe. Neither Central Beds Council nor the NHS would entertain considering purchase.
The land at Saxon Way is agricultural land owned by Central Beds. Therefore the site could be purchased relatively cheaply, if Central Beds agrees.
There would be no parking problems and there would be no doubt be a regular bus service.

To strongly suggest that the elderly will suffer if the health centre is moved to Saxon Way, the critics, in my opinion, must be either blind or selfish. Obviously they have forgotten the elderly on Fairfield Estate, Furzenhall and Urban Way Areas, who currently have to struggle to the health centre.

On writer suggests that town councillors use their expenses to travel to residents and update them on council matters. Mr Gardner, you can have all my expenses for the last six years, provided you donate them all to charity.

Lastly, Mr Morgan, before you leave us for your new post in Norfolk, could you please give the green light for the  Saxon Way location and a date for erection of the new centre, which is badly needed."

I think the best response to this letter, under the title of  "Not blind or selfish - but not daft either! " was from Anne Philp of Beech Avenue, Biggleswade, which was published in the Chronicle on 20th August 2010.

So Councillor Wilson considers those who prefer a Town Centre location for a Health Centre to "blind and selfish" (Letters August 13)
As an OAP living on the Fairfield Estate, let me assure him my eyesight is fine and I'm no more selfish than any other pensioner who doesn't relish the thought of a quarter mile hike to the nearest bus stop, then two bus journeys in order to reach the doctors' surgery. I'm lucky I can drive but come the day when the car keys are hung up for good I dread the thought of a journey to Saxon Gate. Imagine the trek on a mobility scooter.

He says "there will no doubt be a bus service" - a Park and Ride option was included in the application but subsequently withdrawn.

Biggleswade has needed a health centre for years. There has been room in the town centre but of course, the land was expensive so, sit tight, until now with the prospect of a further 6,000 patients, then go into panic mode, build on cheaper agricultural land, provide 17 sports pitches to augment the already underused facilities, grass over the decent land cultivated by the allotment holders and fob them off with poor quality sloping land prone to flooding.

Just don't try and tell us you have our best interests at heart because I for one, don't believe you!

Determined to push on with this application Biggleswade Town Council in August 2010 involved Albion Archeology at an estimated cost of £2,115 to produce the Archaeological Report.

Who they were appointing to produce the Biodiversity and Protected Species Study and the costs involved, together with the additional agents fees they refused to tell me. The Town Clerk have claimed "qualified exemption" but would not provide the reason for exemption and other details he is required to provide under the Freedom of Information statute. I made a complaint to the Information Commissioners Office, which they upheld. The Town Clerk then told me that Middlemarch Environmental would carry out the study and the additional cost would be £1100.

On the 9th September 2010 I discovered that the scheme would not be reconsidered by the planning committee in October because  the Agent needed an additional three weeks to produce the reports, and they would not be with Central Bedfordshire until  the end of September 2010 at the earliest. Central Bedfordshire Planners seem happy to let the timescales slip and just report the delay to the October Planning Meeting.

At the Town Council meeting of 28th September 2010, Mayor, Councillor Wendy Smith,  announced that the application would be considered at the November Planning meeting. (This is not recorded in the minutes of that Council meeting) but I was there.  At that time Central Bedfordshire were still trying to obtain the additional information from the Councils agent. 

At that same Town Council meeting, a letter from a member of the public was discussed. This asked for a public consultation to organised by the Town Council on the health centre. One town councillor (also district councillor) emphatically said  "No, No, No, we are the elected representatives and we make the decisions".

The required studies / reports did not reach Central Bedfordshire Planners until mid October, too late for the consultation to be carried out in time for the 10th November 2010 meeting. The scheme now having been amended to cover a much smaller area of the site and now only includes the Health Centre, sports pitches, changing facilities with car parking.

Central Bedfordshire Planners told me on the 26th October that:

"Subject to consultation responses being received back in time we are hopeful that the application will be reconsidered at the December Development Management Committee meeting. However, if the information has not been received back the application would be considered at the January meeting"

This is on 5th January 2011.

The Consultation closed on 11th November 2010.


Bio Diversity and Protected Species Surveys have not been produced as requested in July 2010 but habitat  studies that say the area is an ideal place for all sorts of protected species including great crested newts and otters. These studies recommend that the surveys are produced at some later date when the time of year is right to do them.

Whenever the scheme does come before Central Bedfordshire Planning Committee again, if they are minded to approve it, they cannot do so, as it is outside of the "defined Settlement envelope". The scheme would be passed to the Secretary of State for Communities and Local Government for a decision to be made. I have made The Government Office for the East of England aware of this application.

Biggleswade Town Council Web Site

If you have ever visited the Town Council web site you will be underwhelmed by the information available. Despite being told for many years that the web site will be improved and updated it never has been.

If you want to contact the Town Clerk (Rob McGregor) directly his email address is:

town.clerk@biggleswadetowncouncil.gov.uk

If you want to contact your Town Councillor:

BIGGLESWADE TOWN COUNCIL - TOWN COUNCILLORS 2010/2011
The Old Court House, 4 Saffron Road, Biggleswade, Beds  SG18DL
Tel: 01767 313134  Fax: 01767 601188 Email: enquiries@biggleswdetowncouncil.gov.uk
Town Clerk – Rob McGregor
 

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Albone, Cllr David                                   david.albone@ntlworld.com
48 Drove Road, Biggleswade SG18 8HD               Tel: 01767 221385
Ivel
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Stratton
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Vickers, Cllr Peter F                           
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Deputy Mayor