NATIONAL PLANNING POLICY

 

HOME  |   CASE STUDIES   |   HISTORY   LAW   |    POLITICS       RIGHTS    SITE INDEX

 

 

 

 

WATER RIGHTS - Clarion Housing Group and Thakeham Homes are in danger of spoiling an ancient well that supplies water to many concerns in this vicinity. In the picture you can see a hired digger scooping out trenches to test drainage by pouring in water and measuring the rate of absorption by the soil. It seems to us that if you build houses on the ground that feeds the ancient well, that contamination from garden treatments such as Roundup and engine oils, etc., will find its way into this well leading to claims against the owners of the houses who would have been sold a pup, and/or against the Council for approving the proposal, by way of a negligence claim, and/or against the vendors or developers. Any way you look at it the developers and Council concerned should take steps to ensure that no development takes place until the proper tests and evaluations have been completed, and after that stage, to ensure that any houses built in this location will not be on a path that includes the water table that feeds the ancient well.

 

Any failure to conduct the proper tests and house situation, along with safe sewage disposal, may tempt the Secretary of State to call in the application. We imagine that all of those with a financial interest in this piece of greenbelt will want to resolve issues before it starts to get complicated.

 

7. REQUIRING GOOD DESIGN


56. The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.

57. It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes.

58. Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments:

●● will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;

●● establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit;

●● optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks;

●● respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation;

●● create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and

●● are visually attractive as a result of good architecture and appropriate landscaping.

59. Local planning authorities should consider using design codes where they could help deliver high quality outcomes. However, design policies should avoid unnecessary prescription or detail and should concentrate on guiding the overall scale, density, massing, height, landscape, layout, materials and access of new development in relation to neighbouring buildings and the local area more generally.

60. Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.

61. Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the
integration of new development into the natural, built and historic environment.

62. Local planning authorities should have local design review arrangements in place to provide assessment and support to ensure high standards of design. They should also when appropriate refer major projects for a national design review.13 In general, early engagement on design produces the greatest benefits. In assessing applications, local planning authorities should have
regard to the recommendations from the design review panel.

63. In determining applications, great weight should be given to outstanding or innovative designs which help raise the standard of design more generally in the area.

64. Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

65. Local planning authorities should not refuse planning permission for buildings or infrastructure which promote high levels of sustainability because of concerns about incompatibility with an existing townscape, if those concerns have been mitigated by good design (unless the concern relates to a designated heritage asset and the impact would cause material harm to the asset or its setting which is not outweighed by the proposalís economic, social and environmental benefits).

66. Applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably.


67. Poorly placed advertisements can have a negative impact on the appearance of the built and natural environment. Control over outdoor advertisements should be efficient, effective and simple in concept and operation. Only those advertisements which will clearly have an appreciable impact on a building or on their surroundings should be subject to the local planning authorityís detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.

68. Where an area justifies a degree of special protection on the grounds of amenity, an Area of Special Control Order14 may be approved. Before formally proposing an Area of Special Control, the local planning authority is expected to consult local trade and amenity organisations about the proposal. Before a direction to remove deemed planning consent is made for specific advertisements, local planning authorities will be expected to demonstrate that the direction would improve visual amenity and there is no other way of effectively controlling the display of that particular class of advertisement. The comments of organisations, and individuals, whose
interests would be affected by the direction should be sought as part of the process.

 

 

CONTACTS

 

Department for Communities and Local Government
Eland House
Bressenden Place
London, SW1E 5DU

United Kingdom


Telephone: 030 3444 0000

 

 

     

    HINKLEY, CALIFORNIA - GROUND WATER CONTAMINATION - The town of Hinkley, California, located in the Mojave Desert, (about 121 miles driving distance north-northeast of Los Angeles) had its groundwater contaminated with hexavalent chromium starting in 1952, resulting in a legal case against Pacific Gas & Electric (PG&E) and a multimillion-dollar settlement in 1996. The legal case was dramatized in the film Erin Brockovich, released in 2000.

    Residents of Hinkley filed a class action against PG&E, encaptioned Anderson, et al. v. Pacific Gas and Electric (Superior Ct. for County of San Bernardino, Barstow Division, file BCV 00300.

    In 1993, Erin Brockovich, a legal clerk to lawyer Edward L. Masry, investigated the apparent elevated cluster of illnesses in the community linked to hexavalent chromium. The efforts of Brockovich and Masry, and the plight of the people of Hinkley, became widely known when the film Erin Brockovich was released in 2000.

     

     

     

     

    After many arguments, the case was referred to arbitration with maximum damages of $400 million. After the arbitration for the first 40 people resulted in roughly $110 million, PG&E reassessed its position and decided to end arbitration and settle the entire case. The case was settled in 1996 for $333 million, the largest settlement ever paid in a direct-action lawsuit in U.S. history.

    In 2006, PG&E agreed to pay $295 million to settle cases involving another 1,100 people statewide for hexavalent chromium-related claims. In 2008, PG&E settled the last of the cases involved with the Hinkley claims for $20 million.

     

     

    LEAD CASE: In the case of Wealden District Council and planning application WD/2015/0090/MAO, originally filed by Tim Watson in 2014, then re-filed by Gleeson Developments in 2015, and taken over by Clarion Group and Thakeham Group, there appear to be multiple errors in failing to apply or misinterpreting these policies to greenbelt, including failing to protect open spaces, ancient rights, historic built environment, and not promoting sustainable transport or sustainable practices concerning climate change.

     

    The Horse Sanctuary Trust are following this case with much interest. We consider that the paper trail will eventually make interesting reading, leading us to who is making the decisions and the money ........

     

     

     

    GREENBELT - Digging up Greenfield sites for quick profits from windfall planning consents is ruining the heritage of the nation. Once it is gone, it is gone. Britain is short of genuinely affordable housing that developers are loath to provide where all they want is the money. It may be that Clarion Housing and Thakeham intend building affordable units on this site. They should also bear in mind the requirement for sustainable development in United Nations terms. Copyright photograph © April 26 2018, Herstmonceux Museum Limited. All rights reserved. You may not copy this picture except for educational use.

     

     

     

 

Scotland Legislation |  Wales Legislation |  Northern Ireland Legislation |  HMSO