Tag Archives: Jotmans Farm

Jotmans Farm Green Belt Development Appeal Update

Following the Secretary of State’s decision following the Appeal inquiry into the proposed Jotmans Farm Green Belt Housing Development, the developer registered a High Court challenge over the decision of the SoS and Castle Point council.

CPBC Councillor A. Sheldon has issued this notice:

Dear Residents,

I have just received the news that the Developers have not been granted permission to appeal the Jotmans decision by the Secretary of State!!!

This means that no appeal hearing will take place. They made an application for an appeal and it got refused!!! THE DECISION STANDS. JOTMANS WILL NOT BE BUILT ON.

I have received word that they are looking to get this decision reviewed (the decision not to review the decision…..), but I am confident this will get thrown out. With every unsuccessful legal bid they make, the case they have grows weaker and weaker. As your local councillor I will keep on monitoring this and keep you updated.

Our message to the developers: “Democracy has won. Take your money and build homes on sites the community want, not ones that are easy”.

Well done again to all those who kept the faith and supported our cause. I also want to thank the Jotmans Farm Action Group who fought this application hard from day 1. We can all rest that little bit easier now.

We are not completely out of the woods just yet, but we one last step away and I will be dammed if I am going to let anything make us stumble now.

I will be putting out a letter to let the rest of the estate know at the weekend and if anyone could volunteer to deliver their road I would be grateful.

Kind regards,

Councillor Andrew Sheldon

Jotmans Magaret March Benfleethistory.org.uk

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Persimmon’s Increase Profits 30% – Land Bank nears 100,000 Sites!

Persimmon has eyes on Castle Point. Their Jotmans Farm proposal, turned down by the Secretary of State, is due to be challenged on Appeal in the High Court.

Previously they have Withdrawn their proposal for 265+ dwellings at East of Canvey Road, Canvey Island.

Persimmon’s half year returns indicate a startling uplift in Profits And Land Bank sites!

One of the UK’s largest house builder has increased its profits by 30% as its Land Bank nears 100,000 Sites!

Telegraph Business Reported;

FTSE 100 housebuilder Persimmon has reported a 30pc jump in profits in the first half of the year as it avoided the effects of a slowdown in the housing market.
Persimmon’s pre-tax profits rose 30pc to £457.5m in the six months ended June 30, while revenues were up 12pc to £1.66bn.
It built 556 new homes in the period, an increase in completions of 8pc to a total 7,794, as it made the business more efficient. Its average selling price rose 4pc to £213,262.
“The market remains confident,” said chief executive Jeff Fairburn. “Customer interest in our developments remains strong with encouraging levels of interest through both our websites and our sales outlets as we trade through the quieter summer weeks.

“Whilst we remain vigilant to changes in market conditions we also recognise we are in a strong position to take advantage of opportunities that arise.”

However the company said it would “remain cautious” when it comes to investing in new land, primarily due to Brexit-induced uncertainty facing the economy.

It was boosted by the Government-backed scheme Help to Buy, which Anthony Codling, an analyst at Jefferies, said was “acting as a bullet-proof vest for the new-build sector allowing it to ride above the challenges faced by the second hand market”.

 He added: “Persimmon [is] continuing to balance the market’s appetite for more new homes with investors’ desires for higher cash returns”.

The housebuilding giant sells around half of its homes using the scheme, which allows buyers to purchase a new-build property with a 5pc deposit. Earlier this month, Persimmon’s share price fell 6.6pc in one day after a news report suggested that Help to Buy could be ended before its planned date of 2021. After the Government confirmed it would not, the share price rebounded.

Mr Fairburn said: “We should take confidence from the fact the scheme works very well. It does what it was intended to do. The Government should be pleased it stimulated housebuilding, and more people can buy new houses.”

Laith Khalaf, a senior analyst at Hargreaves Lansdown, said: “The latest results from Persimmon have a bit of swagger about them, and well they might, with profits rising by almost a third despite a slowdown in economic growth.

“The UK housebuilding sector is still sitting pretty, with interest rates staying low, the Help to Buy scheme supporting demand, and a lack of supply helping to boost prices.”

Jotmans Farm High Court Appeal – NOT for Castle Point council to Defend?

Green Belt Campaigners, particularly those concerned for the future of Jotmans Farm, having been kept well and truly in the dark over the High Court challenge to the Secretary of State’s decision to oppose development of the area, should be concerned to note the apparent inactivity by Castle Point Borough Council.

big_mushroom_svg_thumb

Mushroom syndrome where you’re kept in the dark

The statement issued by CPBC as reported in the Echo Newspaper reads;

“As the appeal is actually against the decision of the Secretary of State, it is for the Secretary of State to defend.”

“The council is monitoring the situation, councillors have been kept informed..”

The second point made by CPBC and why it was felt it un-necessary to inform residents, we covered HERE.

If you have read the Post’s link and read the contents you will be aware that, in the case of the Glebelands High Court Appeal, Castle Point Council were named as Defendents!

So referring back to the cpbc statement in the Echo above, it may appear to be a remarkably un-reassuring and passive position for our Local Authority to assume!

After all, as recently as the 11th July of this year Essex County Council, to which Castle Point residents are represented Agreed the following Motion, passed with Unanimous Approval

Perhaps some clarity is deserved by Residents from our local councillors after reading the following, of which they will also be aware;

Planning and Infrastructure

At the July 2017 Essex County Council meeting, it was Agreed (with UNANIMOUS Cross-Party support) that;

Essex County Council will not support Local (Development) Plans unless adequate resources are identified from developers, local councils and/or Government grants to ensure that sufficient infrastructure, including roads, schools, medical facilities, parking, sewerage and drainage, is provided in a timely manner and in a way that balances the needs to promote economic growth and provide housing for residents whilst protecting their quality of life.

Given the significant housing development emerging from Local Development Plans, this Council reaffirms its commitment to this policy. This Council also expresses its concern that whilst Local Development Plans and Neighbourhood Plans are being progressed to decide where this housing should be best located, some developers are exploiting the lack of a 5 year housing supply to gain planning permission on greenfield sites, often outside the development boundary, even when these sites have been excluded from the draft local plan and in some cases where there are brownfield sites available or in the pipeline.

This Council therefore calls on the Secretary of State for Communities and Local Government to issue urgent statutory guidance, which removes the opportunity for this exploitation and protects valued greenfield sites from predatory development.

Previously agreed at the October 2014 Full Council meeting.

It would appear negligent if legal representation was not made during the High Court Appeal by Castle Point Council to reiterate the County Council’s Policy on exploitation of Green Belt sites, especially those which will undoubtedly have a major impact upon road infrastructure, especially during the cpbc Local Plan process.

Castle Point Residents Ill-informed or Gullible? Green Belt Saved or still in Jeopardy?

Be In No Doubt Canvey Island residents stand to be affected by the development of Jotmans Farm, as much as the Jotmans Farm residents do themselves!

Once all phases of the Jotmans Farm proposal is completed there is a plan to construct a Roundabout to allow traffic from the 800 dwelling estate, onto Canvey Way!

sadlersjpeg

Not only that, but the much Heralded retail extension nearby Morrisons on Canvey Island with the promised Marks and Spencer / Waitrose food, B and M and Sports Direct outlets, will add more Motorists Misery, entering and leaving via the Waterside Farm Roundabout and the local areas!

Recently the Jotmans farm Green Belt campaigners have been left to “discover” that Persimmons have decided to challenge the Secretary of State’s decision in the High Court.

The Secretary of State’s decision, generally portrayed to Residents as being a signal that not only Jotmans Farm, but also Green Belt in General, was Saved from Development, was Released on the 21st April 2017.

And so we headed for the Polling Stations, on the 4th May for the Castle Point Borough Council Elections and the General Election on the 8th June.

Possibly, Unfortunately the Election Period of Purdah may play some legal significance.* See below.

Through an email released by the Jotmans Farm campaign group, we gather that they are being led to believe that none of the Lead Group of Castle Point councillors were aware, or felt it unimportant to make the information known to Residents, that High Court action threatened the Jotmans Farm Decision!

Castle Point Council are an “Interested Party” in the High Court action. One only has to refer to the Glebelands case to be aware that CPBC should be involved:

Case No: CO/10476/201

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

ADMINISTRATIVE COURT

 Manchester Civil Justice Centre

Date: 17/01/2014

Before :

THE HON MR JUSTICE BLAKE

Between:

 

FOX LAND AND PROPERTY LIMITED

Claimant

 

– and –

 

 

SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT

-and-

CASTLE POINT BOROUGH COUNCIL

 

 

 

Defendants

Would the Castle Point officers not have immediately informed the Lead councillors, could the councillors not have been Open and Transparent and informed their Residents, of the Legal move?

In the Echo newspaper it is reported that Jotmans farm residents clutch at the possibility that the Persimmon legal team, left it beyond the 6 weeks to challenge the Secretary of State’s decision. CPBC appear to leave this desperate hope hanging.

In our humble opinion we find it inconceivable, not only that the Persimmon legal team would be so inefficient, surely the challenge would have been dismissed should the 6 week time limit to challenge the decision have elapsed, but that some lead group Castle Point councillors to be unaware cpbc are an Interested Party in the High Court case!

CPBC are quoted in the Echo “As the Appeal is actually against the decision of the Secretary of State it is for the secretary of State to defend.” …..”councillors have been kept informed…”

We fear on behalf of Jotmans Farm and Canvey Island residents, on whom this development will impact upon, that the release date of the Secretary of State’s decision and the dates of the Local Elections may well have had some influence, as well as having some legal impact.

* “The term ‘purdah’ is in use across central and local government to describe the period of time immediately before elections or referendums when specific restrictions on the activity of civil servants are in place. The terms ‘pre-election period’ and ‘period of sensitivity’ are also used.
The pre-election ‘purdah’ period before general elections is not regulated by statute, but governed by conventions based largely on the Civil Service Code.
The pre-election period for the 8 June General Election will start on midnight on Friday 21 April 2017.
A ministerial statement gave details of the different ‘purdah’ periods for the different elections on 5 May 2016: The period of sensitivity preceding the local, mayoral and Police and Crime Commissioner elections starts on 14 April”
Source: House of Commons Library Published Friday, April 21, 2017

Dates, Canvey Islanders won’t even Notice! Thorney Bay’s, on its way!

Canvey Islanders, it is said, haven’t the nous to have a cynical thought cross their little minds.

Firstly, following the Election announcement on the very last day prior to the period of Purdah commencing, the Jotmans Farm Appeal Inquiry was Rejected by the then Secretary of State, thereby saving important mainland Green Belt from development.

Secondly, tomorrow, 6.6.2017, just 2 Days prior to the General Election, castle point council development committee will decide the Recommended Approval “first phase” of the Thorney Bay vast green field development, on Canvey Island.

Thorney Bay Beach Camp, Canvey Island, Essex

copyright Jason Hawkes

This so called first phase at Thorney Bay amounts to 113 new dwellings.

The development committee Agenda paperwork indicates officers advise :

It is not considered necessary for Members to visit the site prior to determination of the application.

This despite :

To the north of the site is the Local Wildlife Site (LoWS) Thorneyfleet Creek, which comprises a water body with Common Reed and rough grassland; beyond this is residential development. To the east is Public Open Space, in the form of a grassed area and children’s play space. To the south and west is the wider expanse of the Campsite. A water treatment works lies to the west of the wider site and beyond this is the Calor gas terminal. To the south is the Canvey Island Sea Defence, beyond which is the River Thames.

Of the Health and Safety Executive’s comment;

..more than 10% of the housing development area lies within the (Calor Gas Hazardous) middle zone….and HSE Advised Against Granting Planning Permission.

The HSE then go onto excuse the proposed development layout, stipulating that castle point council must not in future use the self regulating facility, instead be referring any future development directly to the HSE!

The Case Officer comment, which will no doubt be pointed out to the planning committee members in the Agenda Paper states; 

Health and Safety Executive  No objection.

As far as potential flooding is concerned, especially as the site is directly reliant on the Canvey Sea wall Defences;

Environment Agency  No objection: following the receipt of a revised FRA, subject to conditions and the satisfaction of the LPA that the proposal will be safe for its lifetime

It should also be noted, should the are become flooded yet again that responsibility has been relieved of the Leal Local Flood Authority (Essex CC.);

It is the applicant’s responsibility to check that they are complying with common law if the drainage scheme proposes to discharge into an off-site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners. 
The Ministerial Statement made on 18th December 2014 (ref. HCWS161) states that the final decision regarding the viability and reasonableness of maintenance requirements lies with the LPA. It is not within the scope of the LLFA to comment on the overall viability of a scheme.

But of course the Rumours emanating from CPBC is that Thorney Bay will become a Park Home site, So None of these Rules Will Apply!

1,600 static caravans could quite easily become 1,000+ Park Homes, and there is the next Local Plan’s 5 Year Housing Supply.

Let existing Canvey Island residents and future property owners be warned!

We make no apology for over-simplifying these issues but for anybody interested the webcast and recording should be available via;  https://castlepoint.gov.uk/webcasting

The meeting Agenda papers are available via; https://www.castlepoint.gov.uk/agendas-minutes-library

 

Fair Play for Canvey Island in the light of the Jotmans Decision or are we still a “Special Case”?

And the Necessity for Castle Point Borough Council to produce a Local Plan is?

“National planning policy places Local Plans at the heart of the planning system,”

Even so, the National Planning Policy Framework states as early as Paragraph 14;

“Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless:

– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole;

or– specific policies in this Framework indicate development should be restricted. 9

Paragraph 14, Footnote 9 Reads; “For example, those policies relating to sites protected under the Birds and Habitats Directives (see paragraph 119) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, Heritage Coast or within a National Park (or the Broads Authority); designated heritage assets; and locations at risk of flooding or coastal erosion.”

“so it is essential that they are in place and kept up to date. Local Plans set out a vision and a framework for the future development of the area, addressing needs and opportunities in relation to housing, the economy, community facilities and infrastructure – as well as a basis for safeguarding the environment, adapting to climate change and securing good design.”

The Secretary of State’s decision to dismiss the Jotmans Farm Appeal in the light of the Inspector’s recommendation, raises some questions.

Is the Planning Inspectorate’s reading of the NPPF and Guidance similar to that of the Government’s?

There was agreement between the SoS and the Inspector that, Castle Point Council are only able to identify 0.4 years worth of the required 5 Year deliverable Housing Supply, this is an even worse supply than in 2013 when the SoS considered cpbc had a realistic housing supply of just 0.7 years!

In the case of the Glebelands 2013 Inquiry the SoS used a “totting-up” method of measuring harm to the Green Belt;

“the Secretary of State has identified moderate harm in respect of urban sprawl, moderate harm in respect of the merging of neighbouring settlements, and moderate harm to the visual appearance of this part of the GB.  The Secretary of State considers that together this represents a considerable level of harm. ”

” He also wishes to emphasise that national policy is very clear that GB reviews should be undertaken as part of the Local Plan process.”

So we appear to be in a situation where, as long as Castle Point council are in an apparent perpetual process of Local Plan making, the whole of the local Green Belt can be considered safe from development!

Residents should now be looking for a new, up to date cpbc Green Belt Review, based on the SoS’ guidance and embracing the protection afforded by Footnote 9 of the NPPF.

As was pointed out earlier in this post;

“Local Plans should meet objectively assessed needs, … unless: – ….  specific policies in this Framework indicate development should be restricted – For example, those policies relating to …. land designated as Green Belt, Local Green Space, … and locations at risk of flooding.”

This appears to be the clear desire of the Secretary of State’s interpretation of planning direction. The archived cpbc Green Belt Review was dated 2013 and produced in-house in support of the rejected daft New Local Plan, and clearly out of line with the Secretary of State’s consideration of  levels of “harm.” A new GB Review should be commissioned urgently, indicating the protection available through NPPF Policies and Guidance!

It would appear that the Castle Point council’s Local Plan2016, despite their failure to comply with the Duty to Cooperate with neighbouring local authorities, may have been more in tune with the Secretary of State’s interpretation of what is possible with Local Plan-making and stood a chance of being considered adoptable. Whilst an Inspector may feel the Local Plan2016 was worthy of withdrawal, seeking intervention via the Secretary of State, may supply a different decision, once the Duty to Cooperate has been complied.

More importantly, with Canvey Island in mind, is that NPPF Footnote 9 offers no  difference in the weight and importance that should be applied when considering whether a site is appropriate for development between that of Green Belt or Flood Risk!

Only in the minds of those in Control of Decision-making within Castle Point council, is Canvey Island deemed a “special case”!

If not now, then I do not know when, given the position of the cpbc Local Plan, and the direction given by the SoS, it would be more Timely and more Appropriate for Canvey Island Town Council to undertake a Neighbourhood Plan!

The Secretary of State is clear Footnote 9 should be applied to protect Green Belt from Harm.

It is obvious that an area within a Flood Risk Zone and with unresolved Surface Water Flooding issues, can expect that same level of protection using Neighbourhood Plan Policies under-pinned by that same Footnote 9!

Quite simply Canvey Island is thought to be unlikely to Flood. This is supported by no factual Evidence, simply that it is “unlikely”. The continual loss of Green Space to development on Canvey that serves as potential displacement for flood water, fails to register any concern to the planning decision makers!

The FloodRe insurance scheme is limited, limited so that it specifically discourages development in Flood Risk areas.

The list of properties excluded from the remit of Flood Re has been subject to significant debate however it has been agreed that the following properties will not be covered:

  • All commercial property
  • All residential property constructed since 1 January 2009
  • All purpose-built apartment blocks

Who will weigh this against Financial Sustainability? It appears nobody at Castle Point council!

It is time for the reservations contained within the NPPF Footnote 9 to be considered appropriately and evenly across the whole of Castle Point!

” ” All quotations lifted from the NPPF, Planning Guidance, Glebelands Inquiry and the Jotmans Farm Inquiry.

A-M-A-Z-I-N-G! or cynical! Jotmans Farm Appeal decision Overturned! To Castle Point Residents Relief!

A decision that can only be described as A-m-a-z-i-n-g  for the residents of  Jotmans farm, as they will be relieved to hear that the Secretary of State has overturned the Planning Inspector’s decision to grant planning permission for the initial 265 dwellings proposed by Persimmon’s!

Jotmans Lane Tank.JPG.gallery

Despite the Secretary of State considering that Castle Point Council have only identified 0.4 years Supply of the necessary 5.0 Year Supply of Deliverable Housing, which he considered as “falling well short of expectation”!

The SoS “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.”

And that he ” agrees with the Inspector that the ecological benefits attract significant weight in favour of the proposal.”

However in relation to Green Belt issues the SoS considers “The proposal would represent inappropriate development in the Green Belt of a significant size. It would permanently reduce openness, and conflict with several of the purposes of designation. These harmful impacts on the Green Belt attract substantial weight.”

Then using Planning rules more intended for Travellers “unauthorised sites” than settled dwellings the SoS applies great weight to the rule 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”.

This “Good News Story” for cpbc, despite the obvious response from cynics that the Secretary of State’s release of the decision of an Appeal held on the 11 September 2015, during the very same week of an announcement to hold a General Election, is conveniently “Timely”, Green Belt campaigners will take some comfort, albeit possibly temporary.

The fear remains that with a new 5 year term of government the likelihood of a Legal challenge in light of Castle Point’s chronic lack of a 5 Year deliverable Housing Supply, may yet be our undoing!

Canvey Island residents must therefore remain concerned that, in the eyes of the majority of cpbc development committee members, Flood Risk does not act as a Constraint on development, making this part of the Borough more liable to growth as has been the case over the previous 4 decades!

In the light of this decision, the actions of CPBC to Withdraw its Local Plan2016 and to Archive the Plan document and Evidence Base, must be of some concern!

The hope now is that similar ruling and defence of Green Belt will apply across Castle Point, congestion will not be increased and the Local Plan2016 may be resurrected.

The link to Secretary of State’s decision and Inspector’s report is below.

Jotmans Lane Castle Point 2216062 (1)

Photograph courtesy; Echo newspaper