This took place at 10.00am, Central Bedfordshire Council, Priory House, Room PH13, Monks Walk, Chicksands, Shefford, SG17 5TQ.
In attendance:
Planning Inspector
T Wood BA (Hons) BTP MRTPI
Central Bedfordshire Council
Hannah Pattinson - Senior Planning Officer
Liz Anderson - Ecology Officer
Biggleswade Town Council Consultants
Shaun Greaves.BA (Hons), DipURP, MRTPI - GC Planning
William O’Connor BSc (Hons) MSc MIEEM Senior Ecologist - MKA Ecology
HERPS
Marcus Phillips
Susan Phillips
Wildlife Trust
John Comont - Conservation Manager (Bedfordshire) The Wildlife Trust for Bedfordshire, Cambridgeshire, Northants & Peterborough.
Members of the Public
Councillor Jane Lawrence - Biggleswade Town Councillor, District Councillor but attending as resident of Biggleswade.
Councillor David Lawrence - Biggleswade Town Councillor, District Councillor but attending as resident of Biggleswade.
Richard Mason
NO MEMBERS OF THE PRESS WERE PRESENT
___________________________________________
NOTE: The Inspector opened the hearing by explaining what the appeal is about. Went through some routine points, including asking who wanted to speak.
The Inspector gave a summary of the appellant’s and the LPA’s case, and said which topics would be discussed at the hearing. (see Points for Discussion below). The Inspector led the discussions.
Points for Discussion
1. Clarification of development proposals, description, plans.
2. Policy Framework,
a) the development plan
b) the status of any SPG/SPD
c) any other documents
3. Issues:
a. The acceptability of the principle of the healthcare facility in relation to national and
local policies to protect the countryside, and any associated harm to the character of
the area.
b. If any harm is found in 1 above , are there any matters which outweigh that harm.
c. The effects of the proposal on biodiversity.
4. Other matters as raised.
5. Conditions.
6. Closing comments.
__________________________________
The case for refusal and the appellant statements are included in the following documents:
Central Bedfordshire Council Statement (46 pages):
Appellants Statement (21 pages):
Appellants Statement Summary (4 pages):
Appellant Statement Appendices 1 - 2 (59 pages):
Appellant Statement Appendices 3 - 10 (37 pages):
Appellant Statement Appendices 11 - 14 (73 pages):
________________________________________
Much of the discussion was a repeat of all the arguments that had already been made in the above statements, there was not much new information.
A brief summary of some of the comments made:
David Lawrence said there was an options legal agreement when Beds CC existed and asked had the Inspector got that. Inspector replied he was only interested in planning matters not legal agreements.
Jane Lawrence was asking about a Mid Beds Local Plan Policy document and whether it still existed. Apparently it had been superceded.
Jane Lawrence said given the height of the buildings on the other side of the road where there were blocks of flats and given there would be three storey houses in the new housing development the two storey health centre would not be out of place.
Hannah Pattinson (CBC) said that there was still no support from the Doctors Surgeries or NHS Bedfordshire for the site at Saxon Drive but CBC were working with them to find a way forward. Their discussions are ongoing and looking at possibility of the Ivel Medical Centre possibly expanding from their existing site. She could not comment on the detailed negotiations concerning additional land.
NOTE: There was the mention of the possibility of the Acorn Centre, combined with Fire / Ambulance being relocated to a site more accessible to the major transport routes.
Jane Lawrence asked are we now talking about two sites or one.
NOTE: Biggleswade Town Council Meeting of 22nd February 2011 at which Councillor Lawrence was present, Dr Hollington said he would not commit to one site and it could be even be three.
Shaun Greaves (GC Plg), said that Local Plan Policy DM4 states: "Within Settlement Envelopes, the Council will support schemes for community, education, health, sports and recreation uses or mixed community and other uses where a need for such facilities is identified through the Infrastructure Audit or up to date evidence. Where no land is available within the settlement, a site adjacent to the settlement may be granted planning permission. Such development should make the best use of available land and lead to more sustainable communities." There was no requirement for the application to be supported by NHS.
Liz Anderson (CBC) repeated that the ecology of this site has not been fully explored and that given a legal judgement she quoted they could not give consent with a condition that included getting a licence from Natural England.
Extract from the Judicial Review Judgement 5th June 2009: Woolley v Cheshire East Borough Council and Millennium Estates Limited
In addition, the judgement also clarified that it was not sufficient for planning authorities to claim that they had discharged their duties by imposing a condition on a consent that requires the developer to obtain a license from Natural England. Natural England considers it essential that appropriate survey information supports a planning application prior to the determination. Natural England does not regard the conditioning of surveys to a planning consent as an appropriate use of conditions. This view is supported by ODPM Circular 06/2005 which states that ‘it is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development is established before planning permission is granted, otherwise all relevant material considerations may not be addressed’.
The Planning permission was quashed.
Shaun Greaves (GC Plg) said that he did not accept that the judgement meant that.
Marcus Phillips (HERPS) said whatever mitigation was made for the disturbance of the wildlife on any site was always a disaster. We do not understand fully the conditions they like but we do know they like the site there are on at present.
It was mentioned by Shaun Greaves (GC Plg) that the cost of the biodiversity studies had been given at £60,000 and we are talking about expending public monies on this, which could not be justified.
NOTE: The cost of the application and appeal has already passed £60,000 and I am given to believe it may go beyond £70,000.
Jane Lawrence said she did not understand how on the Land East of Biggleswade, the adjacent site, none of these biodiversity arguments were made, but they are on this site. She said there was a desperate need for more sports pitches. Susan Phillips (HERPS) was not convinced of that as there are many under utilised.
Jane Lawrence went through the contentious argument again that the Town Centre was not the centre of the town and this should be remembered when you talk about a Town Centre Masterplan.
NOTE: Town centres historically consist of a principal thoroughfare usually known as "High Street". They are also the centre of communications with major public transport hubs such as train or bus stations. Public buildings including town halls, museums and libraries are found in town centres.
Shaun Greaves (GC Plg) said that this was only an outline and although the health centre, pavilion and car park would stay they could vary the number of sports pitches and may only end up provide two !!!!!
Hannah Pattinson (CBC) confirmed that if the Inspector allowed the appeal the 12 conditions in their statement would apply. Shaun Greaves (GC Plg) accepted that.
Liz Anderson (CBC) said that if the Inspector allowed the appeal could he also include a condition to carry out the biodiversity studies to their satisfaction, prior to commencement on site.
Inspector asked if in addition an S106 agreement would be asked for, this was confirmed.
NOTE: Previously a figure of £364,000 was mentioned just for the transport contribution, there were others being banded about which could total £800.000.
David Lawrence said that when the Inspector visits the site after this meeting he will need to use his imagination because of all of the houses that are to be built up to the site on one side and industrial units that are to be built on the other.
David Lawrence said this application may be coming from Biggleswade Town Council but it was being made on behalf of the Biggleswade Catchment Area.
The hearing concluded at about 11.30 am.
_____________________________________________________
The decision
When made, the decision will be published on the Planning Portal.
Case reference 2155625
Or go directly to:
The aim is to issue the decision no later than seven weeks after the date of the hearing, although there is no guarantee that this target will be met in every case.
No comments:
Post a Comment