Ltd.
REDROW PLANNING APPLICATION, FARM/LECKHAMPTON LANES 14/00838/FUL
BRIZEN VIEW & BRIZEN PARK (download pdf)
UPDATE: LEGLAG LOST THE JUDICIAL REVIEW ON WHITE CROSS, BUT WORTH ASKING REDROW
FOR PLAY SPACE FOR NEW RESIDENTS
For potential new residents of Leckhampton, potential buyers of a new home on REDROW’s Brizen View or Brizen Park estates please consider what REDROW might not be telling you, please ask REDROW for more local green space/ play space ... What REDROW might not tell you about Brizen View and Brizen Park Estates - Oct 2017.pdf
Witness Statement of Ian Bickerton March 2017 signed.pdf (the whole story, in the first instance our legal team advised to delay submission to the Appeal Court over fears of irritating the Judge, introducing new evidence late ect. The plan was to present this evidence at the Appeal and was viewed as critical evidence given to us by CBC Planning and Inspector Ord)
LEGLAG v Tewksbury - Statement of Facts and Grounds
High Court TBC v LEGLAG CO 2872 2016 Hon Judge Holgate - Approved Judgment
We wrote to Judge Holgate tp explain our objective on Local Green Play/Play Space Letter to Judge Holgate 8th Feb 2017.pdf
Also after our public meeting in July 2017, the Parish Council wrote to Mr Steve Morgan (CEO REDROW) to make the case for play space for the kids inline with the recommendations of Cheltenham Borough Council (CBC), Natural England and Sports England. REDROW CE Steve Morgan Letter to REDROW HOUSE.pdf and the reply Redrow Letter response recd 17.08.17.pdf, as expected the letter did not reach Mr Morgan who would have acted, where do we go from here ...
After over two months consideration, Judge Holgate has issued his judgment on our Judicial Review of TBC’s planning permission to REDROW to build 377 houses on the White Cross site West of Farm Lane. We have had to pay Tewkesbury Borough Council £10,000 costs, limited by the so-called Aarhus convention which is still in place.
The LEGLAG Ltd. board unanimously agreed to go ahead with an Appeal against this judgment in the High Court, and has engaged lawyers to prepare our case. The legal team believe that our arguments are strong and we have a good chance of winning at the Court of Appeal. We will now need to raise a little more funding, and issued an appeal for donations from our members and well-wishers.
The Judicial Review hearing with the honourable Judge Holgate on the Farm Lane (REDROW 377), Leckhampton, went ahead on Tuesday (29th Nov) at the Bristol Judicial Centre. Our Legal Team presented the case on four strong grounds led by David Wolfe QC, the Skeleton Argument is published below.
During the day we were very surprised at how Inspector Ord's JCS Preliminary and Interim Findings were presented to Judge Holgate. The opposing Barristers were critical of both reports and the JCS process, there was unfortunately some misinformation presented to the court, these are the issues we consider to be most worrying:
1.Judge Holgate's attention was drawn to a statement in the Interim Report para 112, that Inspector Ord had reviewed the REDROW planning application documents (EXAM 150 - 150J), that this did not contain a planning layout showing the buffer strip to the south of the site and that the Inspector had only seen the mandatory application form, that is the tickbox planning application form;
2.It was stated that in the Inspector's Preliminary Report the OAHN was not considered before moving onto strategic site assessment, this is plainly untrue, Judge Holgate considered this to be non compliant with the NPPF, please reference EHOU 101 to 121, OAHN at EHOU 111 & 115;
3.The adopted TBC 2006 plan (EXAM-144C) was referenced, it was suggested that the gate to bring forward site SD2 was dependent only on a greenbelt assessment, this was carried out by AMEC and no areas of Leckhampton were considered for additional greenbelt under the JCS, again untrue on two counts;
4.It was stated that the REDROW Environmental Statement trumped the JCS independent Environmental Reports & Analysis used to inform Inspector Ord's Preliminary and Interim Reports, very subjective and prejudicial , for example see JCS EBLO 106, ENAT 100, ENAT 104;
5.In the Inspector's Interim Report para 113 they did correctly point out an error in the reporting of the Cotswold Conservation Board (CCB), this was caused by confusion over comments on the buffer strip on the south of the site and not the whole area, however the CCB letter was an objection and supported other consultees for more green space.
The misinformation at point 1 to Judge Holgate probably needs to be corrected, points 2 to 4 needs some thought, point 5 is correct, we thought that in the first instance Inspector Ord should be informed. We are taking advice from our legal team on the correct approach that can be made to the court on the above, we believe Judge Holgate would like to be kept informed.
Merit arguments are not allowed, but we hope Judge Holgate will return this application to the TBC Planning Committee for further work as recommended by Inspector Ord and the Head of CBC Planning - Tracey Crews in her letter of 1st Dec 2014, published below. This is vital for Leckhampton, vital for the delivery of the Joint Core Strategy, the Cheltenham Local PLan and the Parish Council Neighbourhood Plan for South Cheltenham (C6).
Please see our evidence documents, the Skeleton Argument working with our Legal Team, David Wolfe QC, Richard Stein and Dr Ashley Bowes.
‣Claimant's Skeleton Argument - Corrected plus three edits and Referenced 17.11.2016.pdf
‣JCS Environment Information GROUND 4 three environment reports of JCS Evidence Base.pdf
‣EXAM-144C---TBC-2003-LP-Inspectors-Report-Farm-Lane-Extract.pdf
‣EBLO 106 JCS Landscape and Urban design Appendix-4 page 15 to 20.pdf
‣JCS ENAT 100 AMEC Greenbelt Review para 5-4-5 and 7-3-8 .pdf
‣JCS ENAT 104 Halcrow SFRA_Level_2_FINAL_REPORT site T10_ section 7.pdf
Final planning permission granted by Tewkesbury Officers on the 26th of April, they did not even wait for the Community Infrastructure Levy, so that has lost the £1.5M contribution to services in Cheltenham. We have the very best legal team already working together, Richard Stein of Leigh Day, David Wolfe of Matrix Chambers and Ashley Bowes of Cornerstone, a strong team, you will remember Ashley was successful on the Bovis/Miller 650 appeal with Inspector Clark, recently announced.
Here is the Letter of Claim sent to Tewkesbury Borough Council, it's a great shame that this planning application has fallen to judicial review. Now we are in the situation where after 807 letters of objection from the public, JCS partner CBC calling for masterplanning, the Parish Councils in strong objection, and not one single letter of support, a borough council will now be spending public money in court against the residents of Cheltenham, a very sad outcome.
‣Judicial Review - Letter Before Claim, the issues 12.05.2016.pdf
‣Email Correspondence to TBC requesting REDROW app to go back to the Planning Committee .pdf
Many members are writing emails and letters to the Secretary of State and copying in TBC & CBC officers and councillors, thank you. LEGLAG have asked for support from CBC, Alex Chalk MP, Lawrence Robertson MP and Leckhampton with Warden Hill Parish Council, these are the letters which have been sent on behalf of residents.
‣Alex Chalk’s Letter to Rob Vines re SD2.pdf THANKS ALEX
‣Echo Report 23.3.16 -White Cross (SD2) REDROW and TBC Action .jpg THANKS ALED, the Echo would like to hear more from residents
We hope CBC, as a JCS Partner, will send a formal letter to Mike Dawson (CE of TBC and JCS Leader) to make the case for Masterplanning in Leckhampton and pick up on the important additional work that Inspector Ord has reasonably requested for the EiP session on the April 6th. We have made the request of Cllr Iain Dobbie to liaise with Cllr Steve Jordan (Leader of CBC Council) and the Lib Dem Cabinet, they are key players.
Here are the two member emails with information sent recently
PLEASE KEEP EMAILING OR WRITING TO GET THE TRUTH OUT AND YOUR REQUEST TO BRING WHITECROSS BACK TO UNDER THE JCS FRAMEWORK. HERE ARE SOME EXCELLENT EXAMPLE LETTERS:
‣Original Martin and Jan Williams Letter to Branden Lewis MP - Leckhampton Planning 14-00838-FUL .pdf & Word doc format
‣Letter to Branden Lewis MP - Leckhampton Planning 14-00838-FUL .pdf & Word doc format
Previous important objection letters and evidence
‣CBC Farm Lane Letter to NPCU requesting callin on REDROW 23 Oct 2015.pdf
‣CBC Farm Lane REDROW planning application comments 6 July 2015.pdf
‣CBC Farm Lane REDROW planning application comments 1 Dec 2014.pdf
‣NPPF debate - L Robertson on TBC Planning Hansard and wwwtheyworkforyou dot com.pdf
‣Cheltenham Alliance - Letter to NPCU Leckhampton SD2 14_00838_FUL.pdf
Thanks to everyone for coming along to the public meeting at the school on Wednesday (27th May), must have been over 200 people, and also to the officers Joan Desmond, Paul Skelton & Michael Glaze who gave up their spare time to answer our questions on the REDROW 370 Application.
Evidence documents on the revised application (not much has changed sadly):
‣14-000838-FUL Farm Lane CPRE Follow-up submission final.pdf
‣Chris Riley - Comment on REDROW 370 Highways Manager for Cheltenham.pdf
New Leaflets which went to print 17/06/15, provides summary evidence and information
Here are some of the evidence documents which were discussed at the meeting:
Previous Leaflets:
Contacts:
Joan Desmond Planning Case Officer
[email protected] Tel. 01684 272103
Paul Skelton, Development Control Manager
[email protected] Tel. 01684 272102
Michael Glaze - Gloucestershire Highways Engineer
Redrow 370 Brizen View and Brizen Park Planning Application, Whitecross, Corner of Farm & Leckhampton Lane - Update
24 October 2017
OUR OVERALL VIEW, WHICH YOU MIGHT CONSIDER IN YOUR OBJECTION: This planning application from Redrow is premature, and should not go before the Planning Committee until the Joint Core Strategy for the area of Cheltenham, Tewkesbury and Gloucester City has been finalised and the Strategic Infrastructure Levy (SIL) is in place. Also, that all aspects of planning, transport, environment and the population estimates contained in the housing targets have been verified. The public deserves to know that the housing targets contained in the JCS are objective, transparent and in accordance with needs of the area and NOT a contrived Developers’ Charter.
The development of 369 houses (nearly treble the present Lanes/Brizen/Nourse development) on open countryside would seriously affect the important views over the Severn plain from many points in the Cotswold AONB (including the famous view from Leckhampton Hill), intruding as it would into the green swathe of countryside along the foot of the escarpment and stretching across the Severn plain, previous planning Inspectors have been trying to protect this area for over twenty years.
The dense housing estate would also destroy the attractiveness of the footpath that crosses this land. The area of White Cross is an important local recreational amenity; the footpath is part of the Cheltenham Circular Footpath, which is used every year in a large charity event.
We have included a postcard in this pack, or please write, or email
Mr Oliver Rider, TBC Planning, Tewkesbury Borough Council, Council Offices, TEWKESBURY, GL20 5TT Tel. 01684 272106 Quoting reference 14/00838/FUL
Tewkesbury offer the following advice when commenting on an application, please remember that only matters relevant to planning can be considered. These include the likely effects of the proposal on:
•The character of the area
•Local amenities, including the amenities of neighbours
•The environment and countryside
•Noise, disturbance and odour
•Traffic and parking
Published by Leckhampton Green Land Action Group LEGLAG Ian Bickerton (250473), Margaret White (523668)
This BBC 2 programme will give you an insight into how how property developers operate, some history and the importance of greenfield sites to reduce financial risk, look out for coverage one of our LEGLAG meetings, at 12 minutes
Many of you will have seen the original ‘Brizen View’ plans at a Redrow Exhibition in April, at the Redding Cricket Ground, the LEGLAG exit poll showed an overwhelming majority, over 94% of the 124 attendance were strongly opposed to the building plans. This of course makes no difference to Redrow who have now submitted a premature application for 369 houses. We asked for more green space and a buffer zone between developments to protect the rural character of the area, the application we have is much reduced green space and the destruction of all the ancient hedgerows and habitat on the interior of White Cross. This demonstrates how little importance is given to the new Localism brought in by the coalition government, communities just completely ignored on all important decisions. I was thinking of my grandfather this week with the WW1 remembrance in our minds, and of fallen heroes, he fought in the trenches and lost friends in France, he would not understand the England of today that he and his friends fought for in those dark days.
The official Public Consultation period is to 28th November, however, we are told by the case officer, Oliver Rider, that it is unlikely to go to the Planning Committee until February.
You can view the plans at http://www.tewkesbury.gov.uk/1678 and make comments online but email or using the postcard may save time and effort, if you make objections from more than one person then please include all the names in your emails/letters.
Location of this isolated urban extension site and three important views from the Cotswold Escarpment - Currently we are told that the children's play area is less important than the AONB buffer to the south, the three views in these photographs do not support this evidence.
‣click on the yellow diamonds to see photographs of the views from the AONB
‣click on the red diamonds to see photographs of the archaeological work and site
TEWKESBURY PLANNING COMMITTEE
Cllr Ron Allen, [email protected]
Cllr Robert Bird, [email protected]
Cllr Gillian Blackwell, [email protected]
Cllr Derek Davies, [email protected]
Cllr Mike Dean, [email protected]
Cllr Bob East, [email protected]
Cllr John Evetts, [email protected]
Cllr David Foyle, [email protected]
Cllr Melanie Gore, [email protected]
Cllr Julie Greening, [email protected]
Cllr Anna Hollaway, [email protected]
Cllr Elaine MacTiernan, [email protected]
Cllr Jim Mason, [email protected]
Cllr Andrew Reece, [email protected]
Cllr Terence Spencer, [email protected]
Cllr Pearl Stokes, [email protected]
Cllr Philip Surman, [email protected]
Cllr Robert Vines, [email protected]
Cllr Philip Workman, [email protected]
CHELTENHAM CONTACTS (who can help)
Alex Chalk MP, [email protected]
Martin Horwood, [email protected]
Cllr Steve Jordan, [email protected]
Cllr Iain Dobie, [email protected]
Cllr Chris Nelson, [email protected]
Cllr Andrew Chard, [email protected]
WE CAN STOP THIS APPLICATION IF ENOUGH PEOPLE CARE AND RESPOND, PLEASE BUY US TIME TO ALLOW SHURDINGTON AND LECKHAMPTON PARISH COUNCILS TO SUCCEED WITH THE LOCAL GREEN SPACE APPLICATION, TO BE PROCESSED BY CHELTENHAM & TEWKESBURY BOROUGH COUNCILS EARLY NEXT YEAR.
These are some of the material objections on our list; you may have a different view:
•This Redrow application is premature, large urban extensions should be plan led, the Joint Core Strategy needs to have passed Examination in Public (EiP) and have a Community Infrastructure Levy (CIL) in place to secure school funding. Right now there is opposition to the Joint Core Strategy from all five Cheltenham parish councils, Shurdington Council and even the Government in the recent ministerial statements from the Secretary of State made in his visit to Cheltenham.
•There is not enough green space provided, request that vital buffer zone along the lines of the original Town & Village Green application which received maximum score in all four selection criteria. The area of White Cross was considered the BEST candidate for additional greenbelt by AMEC in their greenbelt review covering all three districts of Cheltenham, Tewkesbury & Gloucester.
•Consideration must be given to the NPPF Local Green Space application made by Shurdington and Leckhampton with Warden Hill Parish Councils.
•Destruction of habitat, the ancient hedgerows, wildlife and amenity which can never be replaced.
•An additional estimated 600 vehicles will exit onto Leckhampton/Farm Lanes and onto Church Road, the County Highways department are very sensitive to additional traffic onto Church Road with the existing high levels of congestion.
•Another developer has already described the road network around Leckhampton as ‘broken’ and ‘is over capacity’, the argument being used by developers is that the network is so heavily congested we cannot make it any worse. This is absolute madness, and precisely why we need the JCS transport plan and traffic modelling for the A46/Leckhampton before this application goes to the Tewkesbury planning committee.
•Air Pollution levels already break EU levels in the winter months on Church Rd and the A46; the whole of Cheltenham has been made an Air Quality Management Area in response to the problem.
•There are insufficient senior school places even now, both Balcarras and Bournside have no plans to expand but catchment areas may have to change to accommodate any new development.
•Primary schools at Leckhampton, Warden Hill and now in Shurdington are full and no infrastructure plans are in place to support this planning application.