In order to make this policy sound and legally compliant the Land between Old Waste Lane and Waste Lane, Balsall
Common should not be designated as Local Green Space

Policy P20 Provision for Open Space, Childrens Play, Sport, Recreation and Leisure
This policy is not considered to be legally compliant or sound for the following reasons.
It is acknowledged and appreciated that a general requirement of the Local Plan will be a policy relating to open
space. My client does not have any significant concerns with the majority of the policy, apart from part 6 which
states:
6. In this plan the following sites (as shown on the policies plan) are designated as Local Green Spaces:
I. Land between Old Waste lane and Waste Lane, Balsall Common
II. Land south of Shirley
The supporting text to this draft policy states at paragraph 474 that “The importance of these sites has been
highlighted through their proximity to sites being allocated for development, or previously considered for such. This
list will be kept open and there is opportunity for future plan reviews to include other sites (including those areas of
open space being provided within site allocations), or for Neighbourhood Plans to identify such sites. Any proposals
for development of these sites will be judged by the Green Belt policies of the NPPF and Policy P20 of this plan in
accordance with paragraph 101 of the NPPF”.
The site my client is interested in is Land between Old Waste Lane and Waste Lane, Balsall Common.
As you will be aware, paragraph 100 of the NPPF states that “The Local Green Space designation should only be
used where the green space is:
a) in reasonably close proximity to the community it serves;
b) demonstrably special to a local community and holds a particular local significance, for example because of
its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its
wildlife; and
c) local in character and is not an extensive tract of land.”
There is little justification for the designation of these Local Green Spaces, other than that set out in paragraph 474
of the Draft Submission Plan and paragraph 91 of the Open Space Topic Paper which simply states two sites are
designated as Local Green Space. In light of this, further clarification has been sought from the Council and a
response from the Planning Policy Team Leader (dated 27th November) stated the following in relation to land at Old
Waste Lane this site “is in the proximity of proposed Site BC1, Barretts Farm. The openness of the land contributes
to the rural, tranquil character at this entrance to Balsall Common, which is of benefit in ensuring an attractive
gateway to the settlement as well as being of benefit as a recreational green space to existing surrounding residents
and future residents. It is proposed in the Plan that the land will be removed from the Green Belt as a consequence
of the proposed housing allocation at Site BC1 Barrett’s Farm & BC4 Pheasant Oak Farm. Designation will ensure
continuation of protection for this green area, if and when the Green Belt boundary is amended.”
In light of this, the justification provided by the Council must be considered against the requirements for designation
set out in paragraph 100 of the NPPF:
a) in reasonably close proximity to the community it serves;
It is not entirely clear what community, this designation serves, presently the site is surrounded by existing fields
with a handful of properties located along the norther boundary. The land is detached and some distance from the
main settlement of Balsall Common. There has been no indication in the supporting documentation from the Council
as to what community this land is seen to serve. The proposal therefore fails to meet criteria 1 of the requirements
for Local Green Space Designation.
b) demonstrably special to a local community and holds a particular local significance, for example because of
its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its
wildlife; and
The Council within the draft submission plan and in their further email response provide no further justification or
reasoning as to why it meets any of the above criteria. They appear to suggest that the land is important as the
gateway to Balsall Common, and as recreational value. The site is in private ownership and whilst there is a public
footpath which runs through the site (which would be retained as part of any future development of the site), it
provides no further recreational value. The proposal therefore fails to meet criteria 2 of the requirements for Local
Green Space Designation.
c) local in character and is not an extensive tract of land.
It is agreed that the site is not an extensive tract of land, however no justification has been provided as to why the
land is local in character. The proposal therefore fails to meet criteria 3 of the requirements for Local Green Space Designation.
It is clear from the supporting text in the draft submission plan and the Councils response that this land is being
designated as Local Green Space simply because it is proposed to be removed from the Green Belt and it is close
to sites being allocated for development. The Council is well aware that this site has been promoted for development
and that should it be removed from the Green Belt; it is likely to come forward subject to compliance with all other
planning policies. Whilst it is acknowledged that the site is not an extensive tract of land, the NPPG is clear that
“blanket designation of open countryside adjacent to settlements will not be appropriate. In particular, designation
should not be proposed as a ‘back door’ way to try to achieve what would amount to a new area of Green Belt by
another name.” (ID ref: 37-015-20140306). This designation is clearly a way to prevent development on the site.
Furthermore, it must be noted that the site is located in Berkswell Parish and was not allocated as Local Green
Space as part of their Neighbourhood Plan. The Parish would have been aware of the forthcoming allocations in the
Draft Submission Plan and the removal of the Old Waste Lane site from the Green Belt yet felt no need to allocate this land as Local Green Space. The PPG is clear that Local Green Space can be allocated on Green Belt land if there
is considered to be any additional local benefit to its designation as Local Green Space (ref ID: 37-010-20140306).
There is clearly no local significance of this land to the local community.
Finally it must be acknowledged that the PPG is clear that the Local Planning Authority should make contact with
landowners at an early stage about proposals to designate any part of their land as Local Green Space (ref ID: 37-
019-20140306). To date, and despite this site being actively promoted through the Local Plan process the Council
have failed to notify the promotor or landowner of the proposed designation.

Modifications required to make the plan legally compliant and sound
In order to make this policy sound and legally compliant the Land between Old Waste Lane and Waste Lane, Balsall
Common should not be designated as Local Green Space for the reasons set out in detail above.

This policy is not considered to be sound for the following reasons.
It is noted that the proposed allocation at Barratt’s Farm, Balsall Common has been reduced from 900 dwellings at
the Draft Local Plan Supplementary Consultation to 875 dwellings (albeit a further 300 could come forward following
the completion of HS2), and yet still does not look to include land at Old Waste Lane (site 101 in the Site Assessment
October 2020) which borders the southern boundaries of the proposed allocation. As has been set out previously
Spitfire do not object to the principle of an allocation in this location, however questions have been raised over the
number of dwellings that can actually be accommodated on the site having regard to the site constraints including
designated heritage assets, ecology and potential areas of floor risk. There also appears to be a significant number
of landowners which raises further questions over the deliverability of the scheme. This matter is raised at paragraph
541 of the Draft Submission Plan.
Since the time of the original representations, further work has been undertaken to produce a Vision Document and
Environmental Appraisal relating to the site identified as Land at Old Waste Lane/ Waste Lane (site 101 in the Site
Assessment October 2020)
As is set out in paragraph 536 of the Draft Submission Plan, Balsall Common is identified for significant housing
growth and as part of this significant infrastructure improvements are also proposed for the settlement. these are
detailed in paragraphs 527-535 of the Draft Submission Plan and include a relief road, enhanced centre, station
parking, improved public transport, new primary school, and improvements to the existing secondary school. As
such the settlement is going to change significantly over the plan period and is able to take additional growth over
and above that already proposed in the Local Plan.
It is acknowledged that Land at Old Waste Lane/ Waste Lane (Site 101) is proposed to be designated as Local Green
Space. As has been set out in detail above within this representation, this designation does not accord with the
requirements for Local Green Space and should therefore the site should be considered as a logical extension/
rounding off of the Barratt’s Farm proposal. As part of this submission, an Environmental Appraisal has been
prepared by EDP and accompanies this submission. As is proposed within the Draft Submission Plan, the site is to
be removed from the Green Belt. The assessment carried out by EDP agrees with this conclusion with their review
concluding that the site as it currently stands makes a limited assessment to the Green Belt. Given this is a relatively
small parcel of land, its removal from the Green Belt would not have an impact on the purposes of the Green Belt.
Furthermore, the conclusions reached by EDP are that the site can be development in accordance with sound master
planning principles without harm to the integrity of the Green Belt overall.
Accompanying this submission is a vision document which demonstrates how development can be accommodated
on the site having regard to the identified site constraints. The vision document identifies the site as strategic infill,
which forms part of the wider strategic proposals for Balsall Common. In addition, the proposal looks to prove
sustainable connections. The masterplan presents an opportunity for an improved footpath link through the site
which forms part of the Millennium Way and provides wider connections to the centre of Baslall Common. The site
as it currently stands is bounded by mature hedgerows and trees. The masterplan allows the scheme to integrate
within its existing landscape setting. Equally the proposals allow for ecological enhancements, and the opportunity
to provide an area of play for residents.
Land at Old Waste Lane is available immediately and is being actively promoted by Spitfire Homes. There are no
known constraints for which would prevent delivery. The site is adjacent to existing development and the proposed
allocation at Barratts Farm. Development of this site already surrounded by existing residential dwellings would
represent a logical rounding off of the Barratts Farm allocation. As there are questions over the land holdings at
Barratt’s Farm, this site can easily be delivered within the next five years providing much needed housing in Balsall
Common in the short term.

Modifications required to make the plan sound
In order to make this policy sound, the allocation should be extended to include sites identified as Land at Old Waste
Lane/ Waste Lane (site 101 in the Site Assessment October 2020).