Tag Archives: Intervention

Castle Point Councillors – Intervention and Fear, should they continue defying Logic! Local Planning under Duress. UPDATED

Fear and Intimidation appeared to be the message to Canvey Island and Castle Point councillors as they come to consider in Secret, the implications of being listed by Secretary of State Sajid Javid over their lack of progress on a Local Plan, and being  in danger of Government Intervention!

At the December 2017 council meeting the cpbc Chief Executive made clear that unless either good progress is being made regarding the Duty to Cooperate, or clear constraints are recorded in the reply to the Secretary of State as to why progress isn’t being made, Intervention is likely.

The CEO stated that he neither wished to, nor expected to be put in the position of drawing up the new Local Plan, whichever version is now being worked on.

Instead Intervention would likely be taken by an outside body, for instance the Planning Inspectorate, a specialist organisation or perhaps even those south Essex councils working collectively on the Duty to Cooperate.

If it doesn’t already this should Ring Alarm Bells for those Residents living on the mainland!

You may ask why those Residents in particular?

Well, during the cpbc Core Strategy process, during 2009 Baker Associates appointed to consider the Sustainability Assessment on the Housing Site selection process drew attention to their being puzzled, as to why cpbc should overlook choosing for development, the Borough’s Highest Scoring Sustainable site. They wrote;

The review of the outcomes of the site assessment revealed the site scoring highest against the assessment sustainability criteria has not been allocated.

This site is greenfield land to the east of Rayleigh Road.

Neither the DPD or site assessment process gives a justification for this site not being allocated. 

The Sustainability Assessment suggests that the allocation of this site could have preferable implications for sustainable development than other “mainland” allocations.

This Appraisal extract gives clear indication of how a planning consultant, and most likely the Planning Inspectorate would apply a logical approach to Housing Site Allocation, should they be appointed as a Local Plan Intervention measure!

Similarly, as Baker Associates were responding to a cpbc report, one must consider it most likely that a similar approach would be taken by cpbc officers if they were appointed to undertake compiling the next version of the cpbc Local Plan!

An Inspector, should one be required to Intervene and produce a Local Plan may likely produce one completely undesirable to mainland councillors preferences. Remember these comments from an Inspector;

Additional material…

“An exercise was then carried out to objectively assess these sites against a number of criteria. I have reservations about the methodology employed and the way in which it appears to have been used, leading to inconsistent and inappropriate site selection. For example, the Council’s own Sustainability Appraisal is unclear as to why the most sustainable Green Belt site was discounted.”

“I therefore consider the Council needs to revisit its assessment of Green Belt locations paying particular regard to the five purposes of the Green Belt as set out in PPG2. I accept that other considerations will also influence the choice of sites but potential locations should not be dismissed because local factors are given too much weight. This appears to have happened previously.”

“The Council’s desire to protect its Green Belt areas is understandable but its approach has also had a considerable bearing on the overall distribution of growth promoted in the Core Strategy. In this respect, I consider it would be difficult to endorse a strategy which commits to Green Belt release in an area of potential high flood risk at Canvey Island….”

“While I accept some development at Canvey Island may be required to meet local needs and to support services, I am not convinced that maintaining the current distribution of development across the Borough is justified given the existing constraints.”

The above comments highlight the desired distribution of Housing Growth across “certain” parts of the Borough of lead group members and is indicative of the perceived use of Canvey Island to their retention of control of cpbc.

The latest drive is to seek out Brownfield sites to supply the new Housing Allocation.

The Brownfield site list drawn up by cpbc and included alongside the council meeting’s Agenda paperwork indicated a minimum of 254 dwellings on sites achieving the required criteria.
This supply was contained in Part 1 of the Brownfield Register.

No sites were put forward as being eligible for Part 2 of the Register, those having been granted by cpbc, Permission to develop in Principle.

The chief explanation given for this being;

“Canvey Island is within Flood Risk Zone 3a, and as such planning applications for residential development normally require a Flood Risk Assessment. Advice is awaited from the Environment Agency as to if and how the Council could go about addressing this requirement before proceeding to consider any sites on Canvey Island for inclusion on the Part 2 of the Register”

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It appears that behind the scenes there remains a refusal to apply development Constraints equally across the Borough, the focus has been and remains Canvey Island, where development is concerned!

Interestingly no specific reasons for sites in other areas of Castle Point not being granted Permission in Principle and inclusion in Part 2 of the Register were given. Presumably they were covered by the caveat “a decision on whether to grant “Permission in Principle” to a site must be made in accordance with relevant policies in the development plan unless there are material considerations”

For the record the Brownfield list may, just, fulfil one years development supply of Castle Point’s required 5 Year Housing Supply requirement!

The Paddocks site, was not included in the Brownfield site Register, possibly because, as we were informed by Cllr smith, all options are open and no decision has yet been made whether to demolish or carry out much needed work on the building!

Interestingly during the council meeting a question about the total sum estimated to renovate the Paddocks was raised by Cllr Campagna, to which we the council leader explained that the £1million+ is a figure estimated to be required spending over the next 20 Years, and NOT as we were allowed to believe by Cllr smith at the Canvey Community meeting, required immediately!

The Blinking Owl site, seemingly the answer to the mainland’s Housing Supply requirement is excluded from the Brownfield Register.

This site first made public during March 2014 appears yet to have had a firm development application proposed to cpbc.

A Local Plan Examiner would be more likely to take the Blinking Owl venture seriously, should there have been some development proposals for parts of this site already on the table, but there is not!

Duty to Cooperate work is ongoing with cpbc being represented by the council leader, his deputy and senior officer/s. It appears that officers are applying the results of the DtC work into a newest Local Plan.

Should the efforts of this cpbc delegation be found worthy and Government Intervention be avoided, in the least the cpbc Local Plan will represent a localised extract of a South Essex Regional Plan. Ironically Regional Spatial Strategies were abolished after 6 years in 2010.

The newest Local Plan version may bear severe repercussions should the cpbc council choose not to approve, given the Duty to Cooperate work being carried out by cpbc leader and officers.!

A meeting will be held in secret at cpbc, to presumably inform councillors of the Duty to Cooperate progress and the Fears of Intervention, during this week.

Castle Point is not the only local authority failing to find enough Brownfield site to fulfil their immediate Housing Needs. More can be read via this LINK.

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Would you choose to get Involved with Castle Point’s Local Plan if you didn’t have to Sajid Javid?

Thorney Bay, Jotmans Farm, Green Belt, Flood Risk, Travellers, Duty to Cooperate, Period of Purdah, Reasons why the Government are Unlikely to Intervene in Castle Point Local Plan Process.

What are the likelihoods of Intervention, from an uneducated viewpoint?

The Intervention by a Secretary of State, Sajid Javid, in the Local Plan process at Castle Point would appear a highly unusual step to be taken.

Previous local intervention by SoS Sajid Javid included the Jotmans Farm Appeal and his Dismissal decision of his Planning Inspector, released on the 21st April 2017.

General Election 8th June 2017

Period of Purdah starts 22nd April 2017 (coincidence?)

Purdah: Purdah is the official pre-election period between the election announcement and final results which places restrictions of civil servants.                                                         Local and central governments will continue with business as usual, but must be careful not to take any action or make any announcements that could show affiliation to a political party. The litmus test is: “Could a reasonable person conclude that you were spending public money to influence the outcome of the election?”

The Jotmans decision’s Pro and Cons included;

Report on the Examination of the Castle Point New Local Plan 2016, which concluded that the duty to co-operate had not been complied with. The Council determined to withdraw the dNLP 2016.

The CPBC’s failure to save LP Policy GB1, the Green Belt designation, shown on the Proposals Map, persists

Given the withdrawal of the dNLP, the Secretary of State takes the view that no weight can be afforded to the withdrawn policies.

He (SoS) further agrees that substantial weight should be given to any harm to the Green Belt.

He agrees that the degree of landscape harm caused by the proposal would be limited

He shares the Inspector’s view that the proposal could lead to an improvement in the existing situation, and that issues around flooding do not weigh against the proposal.

He considers that concerns about the potential impact of construction traffic can be addressed by means of conditions, or by the Highway Authority

He further agrees with the Inspector that the proposal would bring forward market and affordable housing in an area where there has been a longstanding failure to provide sufficient new housing, and that in view of the prevailing housing supply situation in Castle Point, that carries very substantial weight in favour of the scheme

He further agrees that the creation or securing of jobs, the generation of economic activity in the construction process and the stimulation of the local economy carry a considerable degree of weight in favour

He has also taken into account the Written Ministerial Statement confirming the Government’s policy that ‘subject to the best interests of the child*, personal circumstances and unmet need are unlikely to clearly outweigh harm to the Green Belt and any other harm so as to establish very special circumstances’. He considers that this policy carries more force than the Inspector attributes to it.

The proposal is therefore in conflict with national policy on the Green Belt,.

*Green Belt and Flood Risk are both mentioned equally in regards to the Presumption in Favour of Sustainable Development at Footnote 9 of the NPPF, exceptions include;

policies in this Framework indicate development should be restricted.9

For example… land designated as Green Belt, Local Green Space… and locations at risk of flooding…

*The weight given to “the best interests of the child” in regard to outweighing Harm to the Green Belt would quite reasonably be interpreted to include Flood Risk.
This would bear relationship to Travellers sites where guidance is given in the proposed siting; “do not locate sites in areas at high risk of flooding, including functional floodplains, given the particular vulnerability of caravans”
The type of Travellers Homes are likely to include caravans and mobile homes style accommodation.
Interesting then that Castle Point Council take no involvement, nor intervention in the Thorney Bay, shortly to become Sandy Bay development, given that the numbers of dwellings would make it THE largest Housing Supply site in the Castle Point Local Plan.

That CPBC are busying themselves with Cooperation Duties with our Neighbouring Councils, it may appear that Intervention measures by the Secretary of State of CPBC Local Plan processes may be considered surprising, should they eventually materialise.

But then you Never Know, do you?

Dear Sajid, re: Intervention of 15 Local Plan Councils, didn’t realise it was a Race – it’s only been 10 years, Yours Castle Point Council!

We have to hope that the correspondence capabilities at cpbc Runnymede Towers, plus of course the delicate balance of political power in the council chamber, are such that Government intervention in the cpbc Local Plan process, as threatened by the Secretary of State Sajid Javid, will prove unnecessary following the cpbc response to gov. criticism.

On the other hand, how the emerging utopia, otherwise known as Sandy Bay, will be viewed by a Planning Inspector, should one be appointed through an intervention process, will be interesting to see.

The latest cpbc Local Plan vers.IV indicates Thorney Bay as scheduled to realise 600+ dwellings, Outline in Principle is considered to have already been granted for this including the condition that land is set aside for the completion of Roscommon Way, supposedly the answer to all of Canvey Island’s traffic congestion problems.

During the November cpbc cabinet meeting concerns, bordering on panic, were voiced by members that land required for Roscommon Way phase 2 may be being planned for development of the Park Homes development, namely Sandy Bay.

ThorneyBay

Sandy Bay – Roscommon Way route?

The Thorney Bay application for 600+ dwellings includes a Condition that reads;

“”Roscommon Way Phase 2 Extension Land” Means the land to be retained unfettered and free from obstruction and any ransom strip that might fetter the ability to develop the Roscommon Way Phase 2 Extension” 

However a visit to the cpbc Planning Portal indicates that a decision on the Planning Proposal has yet to be determined and that the Conditions, or S106 Agreement remains unsigned and in Draft form only.

Meaning that the consternation of the cpbc cabinet members over Roscommon Way land becoming a “ransom strip” may be outside of their powers of control!

So a Local Plan Government appointed intervening Planning Inspector, would arrive at Castle Point to discover that the only large site identified in the Local Plan vers.IV is within a 3A Flood Zone, part of a Critical Drainage Area, within the Hazard Range of a Top Tier COMAH site and is now outside of Planning Control, due to Thorney Bay having been granted, long ago, permission as a caravan site!

As Olly Murs might sing;

“Dear Sajid, please excuse my writing.
I can’t stop my hands from shaking
‘Cause I’m cold and alone tonight.
I miss you and nothing hurts like no Plan.
And no one understands what we went through.
It was short. It was sweet. We tried.

Park Homes being simply a progression from caravans thereby a new planning application being unnecessary according to cpbc.

Being outside Planning Control there is an unknown potential for the number of Park Homes should the venture be successful, 1000 -1,600 being a possibility.

How can this guess-timate be part of a Local Plan Housing Supply, an Inspector might ask given the unplanned for numbers of delivery.

Fortunately Park Homes are counted as Housing Supply. Perhaps a Local Plan exception can be made in the case of Castle Point Council so that they may leave the 5 Housing Supply as an open ended figure, to be confirmed by the Park Home owners!

Alarm bells should be ringing at the apparent stalling of the Kiln Road delivery adding pressure onto the lack of annual Housing Supply, meaning Sandy Bay becomes more and more important inclusion in the cpbc Annual Monitoring Reports.

So an Inspector would become aware that the sole large delivering “Housing” supply site is on Canvey Island in a most inappropriate area, delivering unsubstantiated numbers of dwellings, whilst all of the mainland sites are, in one way or another, contentious!

This will not look good IF the cpbc “Dear Sajid” letter is unconvincing!

The likelihood of intervention may yet be unlikely as the High Court has twice denied the proposed developer of Jotmans farm site permission to challenge the Secretary of State’s decision to disagree with the Planning Inspector’s Appeal decision.

One can only read into this that the allocation of Housing Supply sites are best done through the Local Plan process and that Local Plans are intended for local authorities to compile through the Town and Country Regulations.

As it appears that legal issues may require testing, the Government may be falling into the open can of worms with this Intervention initiative.

Maybe best if, even, Castle Point and the Sandy Bay developers are left to their own means!