News & Views

Cala Homes and others sought Judicial Review of this decision and on 10 November 2010, Mr Justice Sales’ Judgement was published. The Claimant won on both the grounds relied upon. That is, that Mr Pickles acted beyond his powers in abolishing RS without legislating and, that he failed carry out any assessment of the implications of his decision under the 2004 SEA Regulations.

The effect of this very welcome decision by the High Court is that Regional Strategies are automatically reinstated. Any future revocation of RS will now need to be by an Act of Parliament – probably the Localism Act - and will need to engage with the SEA process.

At the time of writing press reports say Eric Pickles has already stated that he will not appeal. The Localism Act is probably unlikely to become law before next November and may not have a smooth ride on this issue in view of the SEA point.

Antony Aspbury Associates suspects there will now be a rush by developers to get decisions determined before the law is changed. We are happy to assist.

Watch this space!

Hide content

The Appeal was ‘recovered’ by the Secretary of State, who issued his decision letter and the Inspector’s Report on 19 August. The Appeal was dismissed. However, Strawsons Property have appealed to the High Court under Section 288 of the T&CPA 1990 on six grounds, one of which was the same as that relied on by Cala Homes in its Judicial Review Application (op cit). The other five grounds are, that:

• the SoS failed to consult the parties to the Appeal on the implications of the abolition of RS, a procedure that was irrational and unfair;
• the SoS failed to understand or take account of the Inspector’s finding of fact with regard to the long-term sustainability of the development-funded enhancement of bus services in Ramsey;
• in assessing the transport evidence to the Inquiry, the Inspector applied the wrong test with regard to the effect of the proposals;
• the Inspector failed to take into account or correctly apply national policy in PPS12 when considering the issue of viability; and
• the SoS failed to provide legally acceptable reasons for his decision with regard to: viability; and, climate change.

At the time of writing no date has been set for the Appeal

Hide content

In October Herefordshire Council resolved to grant planning permission for the retention of polytunnels at Pennoxstone Court, Kings Caple, Herefordshire. For our client Neil Cockburn, the owner of the business, whose family have farmed in the area for 150 years, the decision promises to bring a happy end to a five-year battle to regularise his polytunnels in the face of bitter opposition by some third parties. Neil was one of three growers in the Wye Valley AONB. We acted for one of the other AONB growers, E.C. Drummond & Sons, securing planning permission for polytunnels at The Homme, Hom Green, near Ross-on-Wye. That decision was subsequently challenged in the High Court by a local amenity groups and the planning permission was subsequently quashed. However, Herefordshire Council, supported by E.C. Drummond & Sons and the National Farmers Union, has, in turn appealed against that decision to the Court of Appeal. At the time of writing the Case has not been programmed in the Court. It is to be hoped that the decision at Pennoxstone Court, Kings Caple is not challenged in the courts.

At the time of writing, Antony Aspbury Associates is acting for three other growers seeking planning permission for (Spanish) polytunnels in Herefordshire: E & J Price – on four discrete growing sites around Staunton-on-Wye; Cobrey Farms - on three growing sites at Coughton and Pontshill, near Ross-on-Wye; and FM & JM Green – a site at Biddlestone Orchards, Llangarron.

Previously, we have acted for local growers Haygrove Limited, George Leeds and Vivian Powell.

To date, therefore, the Practice has represented nine major growers in the Herefordshire/Gloucestershire area on fifteen separate planning applications for polytunnels, mainly to regularise tunnels erected previously. We have also represented growers in Kent, Surrey and Staffordshire. In addition we have dealt successfully with six related planning applications for seasonal agricultural workers’ accommodation sites.

Hide content

The Government insists it had a ‘mandate’ to do away with RSS, but, along with many other professionals, those in the industry and objective commentators on the planning system, regard the peremptory consignment of RSS to the rubbish bin of history before any other national or sub-national policy guidance is in place, especially with respect to housing numbers, to be a recklessly irresponsible knee-jerk reaction. Whilst this act of political spite was much trailed and will be popular in the Home Counties, it has effectively pulled the props from under the whole Development Plan system at one fell swoop, resulting in chaos, as those charged with making what is left of the system coherent and workable will attest.

The idea that a modern nation of 60+million people, with a sophisticated economy and a complex development industry, can function without any planning guidance between the national and the local level – since ‘regional’ is such a dirty word in the coalition lexicon, let’s call it the ‘sub-national’ level – is patently absurd.

Equally preposterous in the modern age is the delusion that complex decisions about the long-term need for strategic development can be effectively delegated to small communities, or even to already under-resourced district councils and unitaries. Joint or cross-border working between councils was beginning to evolve under the stimulus of quantitative sub-regional development requirements imposed by RSS; but the question must be asked, without that discipline, will some of the councils who have traditionally been reluctant to accommodate their legitimate development obligations, especially housing, be persuaded to continue with that voluntary co-operative process? Call us cynical, but at Antony Aspbury Associates Limited, we doubt it!

Hide content

Director Tony Aspbury gave planning evidence at the public local inquiry into the Appeal in May 2010, supported by Senior Planner, Jon Pope, who undertook all the background work.

The Appellant already had a very large complex of glasshouses adjoining the Appeal Site where it grew early and late season strawberries for the UK market. These glasshouses could not be used during the main soft fruit growing season in Kent (May to September), however, because they would be too hot. Extensive infrastructure, including a modern packhouse, and the seasonal workforce, could not be effectively utilised at this time, therefore. The operational rationale for erecting polytunnels was that the production from them would complement production from the glasshouses so that strawberries could be produced not just at the ‘shoulders’, but also throughout the English growing season. Not only would this result in full and effective use of resources such as the packhouse and more efficient utilisation of the seasonal workforce, but it would result in the conversion of a number of part-time/seasonal jobs into permanent/full-time jobs and allow Moneypeak to supply its customers (comprising major supermarket chains) in the south east with more indigenous fruit grown within the region, thereby saving food miles.

Prior to the opening of the Inquiry the Council confirmed that it would not be pursuing the second of its three reasons for refusal in relation to the impact of the proposed development on the ecology of the Appeal Site. This left objections based substantively on the landscape and visual impact of the development.

The Inspector, Mrs Jennifer Vyse, concluded that, whilst there would be some harm to the character and appearance of the area, it would not be significant. She also found that there would be substantial benefits in terms of the rural economy. Since the visual impact of the development could be mitigated to a large extent, she took the view that the balance of considerations lies with the benefits, which outweighed the harm and, for these reasons, she allowed the appeal and granted planning permission subject to planning conditions.

The decision caps a very successful 12 months for S&A Group and Antony Aspbury Associates Limited, having also secured planning permission for polytunnels on both the Group’s main growing sites in Herefordshire, together with associated seasonal agricultural workers’ accommodation sites.

Hide content

This proposal, which involves a highly sustainable mixed use development on a brownfield site, incorporating, amongst other things, a biomass district heating boiler fed by biomass grown on adjoining farmland, aims to achieve Code for Sustainable Homes Level 5 and BREEAM Excellent ratings will also fund a step change in local bus services linking Ramsey with the surrounding towns, improving its accessibility and reducing its relative isolation. The development will also contribute to the regeneration of this small market town which has been in decline and losing services for many years. We led the professional team and put together the comprehensive planning application and EIA which led to the Appeal, and Director Tony Aspbury is giving town planning evidence at the Public Local Inquiry. A decision by the Secretary of State is due later this year.

Hide this content.

These permissions relate in each case to some 35 hectares of permanent ‘Spanish’ polytunnels, using the ‘table-top’ out-of-ground growing regime, together with large integrated seasonal agricultural workers’ accommodation sites that include social and recreational facilities, as well as a package sewage treatment plant at Brierley. The Company had been experiencing major planning problems and local controversy with unauthorised development before they instructed us. The extensive use of Spanish polytunnels on a large scale for soft fruit growing has proved highly contentious in some parts of the country, especially in Herefordshire, as have the large seasonal workers’ accommodation sites required to service them. We devised a comprehensive planning strategy for the Company and undertook negotiations with the Local Planning Authority, co-ordinated the multi-disciplinary team that put together planning applications for regularising this development and then administered each of the complex planning applications through to a successful conclusion. Over the years, we have developed a particular expertise in the field of soft fruit growing and are currently acting for three more large growers in Herefordshire, as well as for the S&A Group on an appeal in Kent.

Hide content.