EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

                             

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Planning Appeal to OUT/13/01259 Land adjacent Marsh Lane Higher Bebington CH63 5PP Part 2 Committee Room 2, Wallasey Town Hall, 23rd July 2014

In an update to a story about an informal planning appeal hearing held at Wallasey Town Hall last week the Planning Inspectorate have made their decision to refuse the appeal. The site is currently a paddock with stables next to Storeton Woods.

The original grounds Wirral Council planning officers had given for refusing the application were inappropriate development in the greenbelt, highway safety and the effect it would have on trees covered by a tree protection order. The main issue for Planning Inspector Griffiths to consider was whether ten houses on this site (planning permission has already been given for conversion of the existing stables to three houses) was inappropriate development in the greenbelt.

On highway safety grounds, Inspector Griffiths disagreed with Wirral Council officers and local residents, as he regarded the extra traffic would not be significant. The Appellant had proposed moving a sandstone wall with an adjacent property to provide an access road to the ten houses. However in the Planning Inspector’s decision he stated this “would complicate and disrupt the continuous linear nature of the sandstone wall in an injurious fashion”.

The trees on the appeal site, which were protected by a tree protection order, were also referred to in the decision as “attractive features that contribute positively to the area.” He also felt it wasn’t clear that the moving of the sandstone wall for the access road could be done without resulting in the loss of trees.

Erecting ten houses (with gardens) on the site with an access road would affect the openness of the greenbelt permanently. In conclusion the Planning Inspector stated that “the proposal would have a harmful impact on the character and appearance of the area” and would “conflict with UDP Policy HS4 that requires proposals for new housing development not to result in detrimental change in the character of an area, amongst other things, and UDP Policy GR7 that, in simple terms, seeks to protect trees.”

There was a long discussion at the end of the hearing about housing land supply. The Council’s position was that it had a six-year supply of deliverable housing sites (or five years with a 20% buffer). The Appellant, using figures from the previous Regional Spatial Strategy instead said that the Council could only demonstrate a four-year supply or three and a half-year supply with a 20% buffer. The inspector commented on the housing land supply in his decision “Against that overall background, and on the basis of the evidence before me, it is difficult to reach a definitive view as to whether or not the Council can demonstrate a five-year supply of deliverable housing sites.”

In conclusion the Planning Inspector stated that even if Wirral Council couldn’t prove a five-year supply of deliverable housing sites, that the provision of ten houses on the site along with highway improvements weren’t enough to outweigh the harm caused by inappropriate development in the greenbelt. Therefore the appeal didn’t constitute the “very special circumstances” for development in the greenbelt and was refused.

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After 1 objection, Labour councillor speaks in favour of filming; Planning Inspector Griffiths rules it is allowed

After 1 objection, Labour councillor speaks in favour of filming; Planning Inspector Griffiths rules it is allowed

After 1 objection, Labour councillor speaks in favour of filming; Planning Inspector Griffiths rules it is allowed

                           

Yesterday marked a first for me as I attended my first planning appeal hearing. It was an informal hearing involving an appeal to a planning application decided by a Wirral Council planning officer just before Christmas last year.

The application was for ten houses in the greenbelt near Storeton Woods, where there are currently stables and a paddock. When the Wirral Council planning officer (the decision was made by Mrs C Parker) made their decision last year to refuse the application, there had been twenty-two people in favour of the application and thirty-five against and you can view the original documentation surrounding the planning application on Wirral Council’s website.

Wirral Council refused the application for three reasons, the first being it was considered to be inappropriate development in the greenbelt, on highway safety grounds and because the applicant didn’t submit enough information to determine the effect on trees covered by a tree preservation order.

Usually planning appeals don’t result in hearings and are just decided on the papers submitted by each side. The hearing was held in Committee Room 2 at Wallasey Town Hall, followed by a site visit after which the planning inspector Paul Griffiths would give his decision.

Almost a year ago, when the controversy over bloggers filming public meetings was at its height, the Rt Hon Eric Pickles MP issued new guidance about the filming of planning appeal hearings. In fact in the press release that I link to there is a specific mention of Wirral Council’s refusal to allow me film a Planning Committee meeting in July 2013 on “health and safety” grounds as covered by the Liverpool Echo. The guidance issued then was that filming at planning appeal hearings should be allowed and a quote from the press release was “Ministers hope this will open up a previously mysterious and rarely seen side of the planning process.”

So I brought along my video camera and tripod to film the planning appeal hearing. What was interesting was near the start of the hearing there was at the start an objection to my filming of the hearing.

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Above is video of an informal planning appeal hearing against a refusal of planning permission by Wirral Council (23rd July 2014)

As those who are regular readers of my blog will know, there have been problems in the past when objections have been made by those present to me filming public meetings (even in the recent past) when such a decision has been in the hands of Wirral Council politicians who haven’t always been on the side of openness and transparency.

I include below a transcript of the part of the meeting where the filming issue was discussed which starts seventeen seconds in to the clip above. For information, Matthews and Goodman Limited were the agents to the planning application that was being appealed and were there at the hearing to represent the appellant (Ms Lin Smith of Woodend Cottage, Marsh Lane, Wirral).

PLANNING INSPECTOR (PAUL GRIFFITHS)
Can I ask if there are any members of the press present?

JOHN BRACE
Behind you.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Right, OK. You’ll need to give me your name and address on a separate piece of paper, if that’s alright? Then you get a copy of the decision directly from the Inspectorate.

JOHN BRACE
I’ve put our names on the attendance sheet, do you want to…

PLANNING INSPECTOR (PAUL GRIFFITHS)
If you just mark it, then on the attendance list, when it comes back I’ll deal with that.

NEIL CULKIN (OF MATTHEWS & GOODMAN LTD)
Sir, can I ask what press they are representing and why because we’ve received an objection from the applicant to filming events today?

PLANNING INSPECTOR (PAUL GRIFFITHS)
Hmm, hmm.

JOHN BRACE
Sorry could you speak up, I didn’t quite hear it?

PLANNING INSPECTOR (PAUL GRIFFITHS)
OK, what newspaper are you here representing?

JOHN BRACE
I don’t represent a newspaper.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Right.

JOHN BRACE
I write a blog about Wirral Council and I also film at Planning Committee meetings.

PLANNING INSPECTOR (PAUL GRIFFITHS)
OK.

NEIL CULKIN (OF MATTHEWS & GOODMAN LTD)
As I said to, through you Sir, as previously indicated the applicant has objected to the events being filmed.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Why is that, is there a particular problem with that?

NEIL CULKIN (OF MATTHEWS & GOODMAN LTD)
Errm, I’m just acting on instructions.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Hmm, OK.

COUNCILLOR JERRY WILLIAMS (WIRRAL COUNCIL)
Could I make a comment?

PLANNING INSPECTOR (PAUL GRIFFITHS)
Well no, I don’t want to get drawn into a debate about whether or not the hearing should be filmed.

COUNCILLOR JERRY WILLIAMS (WIRRAL COUNCIL)
I’m the elected Member for Bebington, sorry I’m the elected Member for Bebington.

PLANNING INSPECTOR (PAUL GRIFFITHS)
OK.

COUNCILLOR JERRY WILLIAMS (WIRRAL COUNCIL)
I want to comment on that.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Well what did you want to say?

COUNCILLOR JERRY WILLIAMS (WIRRAL COUNCIL)
Just to make a comment, this gentleman records Council meetings, he records Council meeting and he comes in. There’s no side to the gentleman, he does a very good job, he records and he comes to all Council meetings to actually witness how the Council operates, so there’s no problem with it whatsoever.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Well I mean, I think from my point of view, as an inspector, we are, we’ve all, generally in the past been left to our discretion, whether we allow events to be filmed or to be recorded in any other way, tape recording or people taking verbatim notes.

We’re under instructions that you know in the interests of openness that we’re not supposed to stop it. So.

NEIL CULKIN (OF MATTHEWS & GOODMAN LTD)
In light of the comments received from Councillor Williams, the applicant has no objection to events being filmed and what goes on.

PLANNING INSPECTOR (PAUL GRIFFITHS)
Well I’m quite content with it, it’s not the first time I’ve been filmed and I’m just glad it’s behind me.

(laughter)

You can read what the planning inspector’s decision was and why he made it in EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods.

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