cw2 community group sunday 07 april - wordpress.com...trevor sandry material planning considerations...
TRANSCRIPT
CW2 Community Group
Sunday 07th April
3:00pm start
About CW2 Community Group
We are a community group of like minded individuals
living in the CW2 post coded area pulling together for a
common cause!
We are not politically aligned or activists!
We are a well structured and organised group looking to
work with and gain support from residents, the wider
community & our Councils to stop speculative
developers such as
Haddon Property Developments Ltd in their tracks!!
Meeting Purpose To provide the residents with progress update since our first meeting held on 19th March in
respect to the outline proposal for the development of 900 houses in Wychwood Village
by Haddon Property Developments Ltd
In turn – To create a community spirit for the benefit of all living in the local area.
This a residents, Gorsty Hill Golfers and invited guests ONLY meeting. Please declare if you are
not one of these groups.
Meeting Agenda
•Committee ratification
•Overview of last meeting (New attendees)
•Progress from last meeting (actions taken)
•Current planning conditions
•Group Actions – Next Steps
•Questions & Invited Guests
•Close
Questions at the end if you
would be so kind.
Committee Ratification
• Chairman – Andy Bailey (confirmed by public vote last meeting)
Proposed main committee members
• Vice Chairman – Trevor Sandry
• Central Communications & Social Networking – Ian Dews
• Strategic Communications & Co-ordinator – Andy Lamb
• Sub Group Co-ordinators – Paul Burt & Trevor Sandry
• Treasurer – Tom Applegarth
• AN-other – Fund raising and social events Co-ordinator
• AN-other - TBC
Not on the main committee
• Alison Tipping – Media & PR communications
• Sub Groups (Lawyers, Planners, Environmentalists, Researchers etc...)
CW2 Community Group – Proposed Committee
Overview of Last Meeting
New Attendees
Bovis's official response “This is not a planning application but a submission by a
neighbouring landowner to secure an allocation of land for development as part of Cheshire East Council's Local Plan process.
It is possible for objections to made to any such allocation to the Local Plan through the statutory planning process. Whilst Bovis will carefully consider whether or not as an adjoining landowner it is appropriate to make such representations to the Council at this stage, purchasers may wish to consider whether or not they wish to make their own submissions to the Council”.
Strategic Housing Land
Availability Assessment
(SHLAA)
• The definition of ‘deliverable’ is that a site is available now, offers a suitable location for housing development now and there is a reasonable prospect that housing will be delivered on the site within five years and in particular that the development of the site is viable.
• The definition of ‘developable’ is that a site is in a suitable location for housing development and there should be a reasonable prospect that it will be available for development and could be viably developed at a specific point in time.
• The definition of ‘not currently developable’ is where it is not known when a site could be developed. This may be, for example, because one of the constraints to development is severe, and it is not known if or when it might be overcome.
• Around 2,200 sites were considered as part of the Strategic
Housing Land Availability Assessment, of these
approximately 1,600 sites are considered suitable for
housing during the next 15 years.
• As can be seen these sites could potentially provide a total
of 49,645 dwellings over the next 15 years.
• The Development Strategy states that ‘Sufficient land will
be provided to accommodate at least 27,000 homes
between 2010 and 2030. This will be phased as follows:
– 2010 to 2015 - at least 1,150 homes each year (5,750 total)
– 2016 to 2020 - at least 1,250 homes each year (6,250 total)
– 2020 to 2030 - at least 1,500 homes each year (15,000 total)’
Proposed Development
Trevor Sandry
Material Planning Considerations – Proposed 900 houses (Is there a real need?)
– No new access roads (Extra circa 1600 cars in and out daily)
– Loss of visual aspect (quality of life)
– Extra 10-15 years of building before complete
– Environmental impact
– Impact on surrounding areas / local businesses
– Contrary to the current 106 agreement (4.4 - a & b)
– Not included in Strategic Housing Land Availability Assessment
– Infrastructure issues – BT Internet / Local Roads
Role of Bovis
Can we approach
Sport England /
CPRE for help and
support?
Links to other local
campaigns
What happens to the
Golf Course if not
developed
How to involve Golf
Club Members?
Should we consult
with De Vere?
Who owns the
sewage plant?
Clarify Bovis legal
packs re possible mis-
representation
What do
Countryside actually
still own?
Proactive Marketing
/ Media / Celebrity
Involvement
Value of green space
– Objections to
Duchy proposals
Timing of letters and
objections
Working with the
Parish and Local
Council
Role of Countryside
– Do we need to
contact them?
Create co-
ordinators for local
roads
How to involve Golf
Club Members?
We are engaging with the Golf Club Captain, Ladies Vice Captain and Handicap Secretary to ensure that the Golf
Members are adequately represented and included.
They / we have lost a fantastic Golf Club and we are keen to work with them going forward & get it back....
Current Planning Conditions
Andy Bailey
Section 106 Agreement
been in place since
08th October 2003
Section 106 agreements - In some cases, is where a planning
application will have a wider impact on the community the
applicant will be asked to enter into a “Section 106 Agreement or
Undertaking”. This is not the same as a planning condition.
What is a S106 Agreement?
A Section 106 agreement is a legal arrangement between the
Council and Developer. This involves the developer providing
some community or environmental return for the development.
This may support education, low cost housing or transport.
Section 106 agreements are not a way of „buying‟ planning
permission, they are a means to lessen the impact of a
development on the wider community.
Extract 106 agreement – 08th Oct 2003
4.4 Not at any time construct or cause or permit the
construction of any dwelling upon Countryside’s land if
the construction of that land would result in:
a: the number of dwelling now or hereafter constructed
on Countryside’s land or any part thereof together
with
b: the number of dwellings now or hereafter
constructed or lawfully permitted to be constructed
by any planning permission on the 1990 agreement
land (excluding Countryside land) or any part
thereof exceeding 725 (seven hundred and twenty
five) in total.
Extract 106 agreement – 08th Oct 2003
4.4 Not at any time construct or cause or permit the
construction of any dwelling upon Countryside’s land if
the construction of that land would result in:
a: the number of dwelling now or hereafter constructed
on Countryside’s land or any part thereof together
with
b: the number of dwellings ‘now or hereafter’
constructed or lawfully permitted to be constructed
by any planning permission on the 1990
agreement land (excluding Countryside land) or
any part thereof exceeding 725 (seven hundred and
twenty five) in total.
Countryside Properties (106 Agreement)
• The 106 agreement that came into force on 08th Oct 03
allowed up to 725 dwellings (both North & South developments)
– Planning permission was granted for 390 dwellings on Wychwood
Park originally known as the South course.
– Planning permission was granted for 146 dwellings (Bryant) and
169 dwellings (Bovis) on Wychwood Village originally known as
the North course. This resulted in planning permission for 705
dwellings in total.
• Recent planning permission granted for Abbey Park Way in
2010 for 11 dwellings result in the total number increasing to
716 dwellings, which is 9 dwellings below the upper limit of
725 allowed under the original S106 Agreement.
Changes to
Section 106 Agreements
older than 5 years
On 28 February 2013 new regulations will come into force
which will alter the scope of section 106 agreements of the
Town and County Planning Act 1990 – which allows a
landowner / developer to apply to the local planning authority
for the modification or discharge of an existing section 106
agreement where it meets certain criteria.
Changes to more than 5 years old section 106 agreements
• Section 106 agreements over five years old are eligible for a specific
statutory process under section 106A(3) – which allows an application
to be submitted to the local planning authority requesting that it be
modified or discharged. Upon receipt of a valid application, the local
planning authority must consider whether the obligation(s) contained
in the section 106 agreement still serves a "useful purpose". In making
such a determination, the local planning authority can reach one of
three conclusions:
What does this mean?
a) that the planning obligation shall continue to have effect
without modification
b) that the obligation no longer serves a useful purpose, in which
case the local planning authority shall discharge it or
c) that the obligation continues to serve a useful purpose, but
would serve that purpose equally well if it had ,
effect subject to the modifications specified in the application,
in which case it shall have effect subject to those
modifications.
Restricted Covenants
A restrictive covenant is a promise by one person to another, (such as a buyer of land and a seller) not to do certain things with land/property. It binds the land and not an individual person and therefore "runs with the land". This means that the covenant continues even when the buyer sells the land on to another person. Restrictive covenants continue to have effect even though they may have been made many years ago and appear to be obsolete.
What is a restrictive covenant
Part 3 –
• 8. Dwellings Not
– 8.1 to erect more than 500 dwellings on the Property
– 8.2 to apply for planning permission or reserve matters approval for the erection of more than 500 dwellings on the Property without first giving the Transferor written notice that it intends to do so.
Current restrictive covenants
Already 50% increase
Application would take it to 320%
Area Sub-group needs to spend time on this matter!
The impact would not only allow housing
development on Wychwood Village –
It blows open the door
for development on
Wychwood Park!!
IMPACT ON DISCHARGE OF 106 AGREEMENT or AMENDMENT TO RESTRICTED COVENANT
ALL OUR COMMUNITY
How Can You Help!
First and foremost • Please refrain from walking dogs and letting
children play on the golf course!!
• Residents please monitor activities on the course for wildlife and look to protect or encourage it.
• Keep a general eye on the club house & land and you MUST report any unusual activity or
encampments
• Please feed all activity and information through CW2 Community Group Website / Facebook
or direct to the Police!
Formation of sub-groups (Trevor Sandry & Paul Burt)
“ A group of professionally skilled experts in their field looking at ways
to extinguish and weaken Haddon’s proposal”
Collection of Residents contact
details If not already supplied (Ian Dews & Andy Lamb)
Tables to the right and left of the room at the end of meeting.
Group Contact Details Facebook: “Say NO the proposed
new development at Gorstyhill,
Wychwood Village”
Email: [email protected]
Website: www.wychwoodvillage.co.uk
Targeted Action
Two part written letters of
objection and a declaration
of intent
POST OUT ON
Monday 15th April
Please remember to support Rob at your local Post Office
in Weston or others local to other CW2 residents when purchasing your stamps (support local businesses)
Thank You
Questions & Introductions to
invited guests