Object

Draft Local Plan - Supplementary Consultation

Representation ID: 7487

Received: 11/03/2019

Respondent: Portland Planning Consultants

Representation Summary:

This site is objected to as it is poorly related to employment areas. It is remote from good quality bus services, much of the site will be sterilised by a statutory duty to consider the preservation of the setting of several affected listed buildings. Furthermore the provision of primary education using a Section 106 agreement is unlawful.

Full text:

It is inappropriate to allocate the site for several reasons.

Firstly it is poorly related to jobs in the conurbation and whilst Balsall Common has a good level of services the employment balance is very poor. There is access to a station but the site is mostly remote from good quality bus services.

Secondly there is a problem of the affect on the Listed Buildings in and close to the site. It is established case law that Parliament's intention in enacting section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 was that decision-makers should give "considerable importance and weight" to the desirability of preserving the setting of listed buildings when carrying out the balancing exercise. Barnwell Manor Wind Energy v East Northamptonshire Council and others, [2014] EWCA Civ 137

The Barratts Farm Development will have an impact on the setting of several listed buildings and the statutory duty means that the requirement to have good architectural standard does not satisfy the test established by the courts. The 'preserving' of the setting has been held by the Courts to mean doing no harm which indicates that the starting point means the whole of the area within the field of vision of each listed building could be sterilised thus pointing to at least a significant reduction in the number of dwellings achievable which may have an adverse impact on delivery of infrastructure.

Finally the site is ineffective as delivery of the primary education cannot be achieved. Solihull's Community Infrastructure Levy (CIL) scheme does not allow procurement via section 106 Agreements of Primary Education facilities in this location under Regulation 123 of the Community Infrastructure Regulations 2010.