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act for my clients (“the respondents”) who are one of the premier international
dried fruit and spice exporters in Cambodia and the surrounding Region, who are
seeking a prestige location for their head offices in the UK alongside their global
operations in China and Europe.
Para 35 of the National Planning Policy Framework (NPPF, “The Framework”) Feb
2019 provides that for a plan to be sound it must be consistent with national
policy, thereby:
“Enabling the delivery of sustainable development in accordance with the
policies in this Framework.” (Our emphasis).
Sustainable development is generally held in law to refer to proposals that do
not offend against the National Planning Policy Framework 2019 (NPPF, “The
Framework”) or an up to date local plan.
In respect of settlement extensions, para 72 of the Framework states (inter alia)
that :
“The supply of large numbers of new homes can often be best achieved through
planning for larger scale development, such as new settlements or significant extensions
to existing villages and towns, provided they are well located and designed,
and supported by the necessary infrastructure and facilities. Working
with the support of their communities, and with other authorities if appropriate, strategic
policy-making authorities should identify suitable locations for such development
where this can help to meet identified needs in a sustainable way. In doing so,
they should:
a) consider the opportunities presented by existing or planned investment in infrastructure,
the area’s economic potential and the scope for net environmental gains;
b) ensure that their size and location will support a sustainable community, with
sufficient access to services and employment opportunities within the development
itself (without expecting an unrealistic level of self-containment), or in larger
towns to which there is good access;”
In respect of proposed housing allocation Balsall Common, BC5, Trevallion
Stud, while the respondents are highly supportive of the proposal site as a sustainable
urban extension to the urban area of Balsall Common, the allocation, as
illustrated on page 33 of the separate document “Concept Masterplans October
2020”, illustrates an almost entirely housing driven settlement extension with no
clarity or statement of requirement to provide employment and community infrastructure
provision in accordance with para. 72 NPPF 2019, and hence as
presented, cannot in our view meet the test of soundness in para, 35 of the
NPPF.
On 19th August 2020 I submitted a request to Solihull District Council Policy and
Spatial Planning Team that the boundary of the Trevallion Stud allocation as
shown as site 22 in the Draft Local Plan Supplementary Consultation Jan 2019
be reviewed to include an adjoining 1.71 ha (4.2 acre) site on the east side of
Wootton Lane to the north west at Wooton Lane (site plan attached.)
The proposed extension to the Trevallion Stud allocation would allow for the provision
of purpose built local employment and community space, providing for:
- the Headquarters of a prestigious international company with resultant very
local employment opportunities.
- opportunity for residents of a settlement extension at the Trevallion Stud site
to utilise a locally available office space environment supporting the current shift
towards home working.
- Serviced studio space for local business start ups, particularly aimed at the
architectural, IT and Design sectors.
- Rentable serviced meeting space to support very local home working and
home business start up which would be ideal for the many SMEs based in the
Balsall Common local area.
- Informal meeting space for businesses and the community provided in a
community cafe.
- Enhancement of the green setting of the scheme through provision of a Biodiversity
Action Plan.
- A community orchard, a source of very local food production and clearly
aligned with the companies brand as fruit importers.
As such this offer would “fix” the current deficiency in local employment and
community infrastructure so as to ensure that the Trevallion Stud allocation delivers
a sustainable urban extension in accordance with NPPF para. 72.
It is acknowledged that the Wooton Lane site is within the Green Belt, although
the very fact that the Council are proposing the release of the Trevallion Stud
site, which is also in the Green Belt, confirms that the extension of Balsall Common
to the north west into the Green Belt is the preferred direction of growth.
With reference to the relevant evidence base report, the Solihull Strategic Green
Belt Assessment Report July 2016 (by Atkins Ltd), the Trevallion Stud and
Wooton Lane sites lie within Refined Parcel 51 “Land to the north west of Balsall
Common, west of railway line”. In terms of assessment of RP51 against the 4
purposes of Green Belt, that Refined Package performs as follows:
Purpose 1 - To check unrestricted sprawl of large built-up areas - scores 2
Purpose 2 - To Prevent neighbouring towns merging into one another - scores 2
Purpose 3 - To assist in safeguarding the countryside from encroachment -
scores 3
Purpose 4 - To preserve the setting and special character of historic towns -
Scores 0
Scoring System.
0 - Refined Parcel/Broad Area does not perform against the purpose;
1 - Refined Parcel/Broad Area is lower performing against the purpose;
2 - Refined Parcel/Broad Area is more moderately performing against the purpose;
3 - Refined Parcel/Broad Area is higher performing against the purpose.
The highest score in Refined Parcel 51 is in terms of purpose 3, “to assist in
safeguarding the countryside from encroachment”, and by the very decision to
accept Trevallion Stud as the best option for an extension of the settlement form
of Balsall Common into Green Belt land, we submit that the Council have already
conceded the benefits of extending into this part of the Green Belt to achieve
housing and economic growth etc represent the exceptional circumstances required
to justify development within the Green Belt.
The summary of the masterplan concept on p37 of the the “Concept Masterplans
October 2020” is somewhat opaque as to how the western boundary of the
present Trevallion Stud allocation maintains separation between the extended
settlement and the surrounding Green Belt, and hence it can be assumed that
this is still to be resolved in detail, and as such, slight further extrusion of the
Trevallion Stud master plan boundary to encompass the Wooton Lane proposal
would not appear to present unresolvable challenges in terms of maintaining
clear separation of the settlement and the surrounding countryside, thereby continuing
to achieve Purpose 3.
The attached concept masterplan for the Wooton Lane site illustrates how the
site can be integrated within a wider area Masterplan for Trevallion Stud, while
maintaining an essentially green and open aspect, and maintaining clear separation
and a “defensible boundary” between the settlement edge and the surrounding
Green Belt to the west, therby preventing widespread harm to the
openness of the area.
In terms of the present contribution of the Wooton Lane site to the overall landscape
quality of that part of the Green Belt, it must be recognised that the site
sits beneath a railway line which forms the northern site boundary, and as such
there are particular opportunities to improve landscape quality through reinforcing
tree cover, hedge boundaries and on site green infrastructure, so as to
achieve an overall enhancement of views onto the town from passing trains and
also from passing road users of the A52 which lies further north of the site,
along with both qualitative and visual enhancement of the site and its contribution
to the wider surrounding Green Belt.
