Department for Communities and Local Government issue Consolidated Guidance

On 10 March 2014 the Rt Hon Nick Boles MP Minster for Planning wrote to Coalition MP's advising that the final version of the consolidated planning guidance had been issued.  

"Planning should not be the exclusive preserve of lawyers, developers or town hall officials. This Government inherited over 7,000 pages of complex, overlapping and repetitive planning practice guidance. This is in addition to planning policy contained with the consolidated National Planning Policy Framework. A streamlined version of the practice guidance can now be found online in one place at: http://planningguidance.planningportal.gov.uk"

He went on to say:

"We have carefully listened to representations from colleagues in recent Parliamentary debates. In particular, to help councils with their Local Plans, we are:"

There are several elements which are of particular relevance to the Gleeson proposal:

"Issuing robust guidance on flood risk, making it crystal clear that councils need to consider the strict tests set out in national policy, and where these are not met, new development on flood risk sites should not be allowed. http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal- change/planning-and-flood-risk/#paragraph_001 "

and

"Re-affirming the importance of Green Belt protection and ensuring its robust safeguards are not undermined when assessing unmet housing need.  http://planningguidance.planningportal.gov.uk/blog/guidance/housing-and-economic- land-availability-assessment/stage-5-final-evidence-base/#paragraph_034 "

"Stressing the importance of bringing brownfield land into use.   http://planningguidance.planningportal.gov.uk/blog/guidance/viability- guidance/viability-and-plan-making/#paragraph_025 "

There are also elements which relate more to the situation MSDC find themselves in with regard to the emerging Local Plan.

National Planning Policy Framework - Reasons for Refusal

In order to refuse the planning application the District Council must have a least one valid, bona fide planning reason.  This application presents Councillors with not jus one reason but many:

The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219 NPPF, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system. 

Policy 6 of the NPPF is also relevant. It states that: 

The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system.

The significance of this is that the proposal is therefore unsustainable because the proposal is contrary to the following NPPF policies 

32 (2) the requirement for safe and suitable access to the site for all people 

32 (3) severe congestion 

61 integrating new development into the environment 

75 protecting and enhancing Public Rights of Ways 

109 (4) preventing existing development being put at risk by unacceptable levels of air pollution

124. New development is consistent with the local air quality action plan. 

Furthermore the proposal is contrary to the following key principles in paragraph 17: 

(5) taking account of character of different areas and recognising the intrinsic beauty and character of the countryside 

(7) conserving and enhancing the natural environment, 

Aside from these elements the proposal is contrary to the emerging District and Neighbourhood Plans both of which are at an advanced enough stage to be given considerable weight.

Finally consideration should be given to key policy 14 and the logical conclusion that the proposal should be refused because it is unsustainable and because adverse impacts of the proposal significantly and demonstrably outweigh the benefits, when assessed against the policies in the framework taken as a whole.

The Rt Hon Nick Herbert Lends His Support

Our MP the Rt Hon Nick Herbery has written to MSDC telling them the application should be rejected.

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Comments on the LVIA and Drainage Report by one of our Members

Have a read what one of our members has sent to MSDC.

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and for this image Document link.