WDC LOCAL PLAN SEPTEMBER 2019 AGENDA TIMETABLE OUR EXPERTS OUR - - PowerPoint PPT Presentation

KBEG UPDATE ON THE WDC LOCAL PLAN

SEPTEMBER 2019

AGENDA

• TIMETABLE
• OUR EXPERTS
• OUR ACTIVITIES
• OUR FUNDING
• NEXT STEPS

TIM IMETABLE

• WDC LOCAL PLAN CONSULTATION CLOSED

DEC 17

• WDC SUBMIT LOCAL PLAN TO SECRETARY OF STATE

MAR 18

• INSPECTOR APPOINTED TO EXAMINE ALL EVIDENCE

MAR 18

• INSPECTOR CONDUCTED PUBLIC HEARING

JUL/SEP 18

• INSPECTOR PUBLISHES MAIN MODIFICATIONS

JAN 19

• CONSULTATION ON MAIN MODIFICATIONS

FEB19 NEWS SINCE JUNE UPDATE

• INSPECTOR PUBLISHES FINAL REPORT ON LOCAL PLAN

JUL 10 19

• LOCAL PLAN FINALISED AND ADOPTED BY WDC

AUG 19 19

• FINAL DATE FOR A LEGAL CHALLENGE

SEPT 30 19

OUR EXPERTS

• LEGAL/REPRESENTATIONS

BARRISTER, 39 ESSEX CHAMBERS

• PLANNING/SUSTAINABILITY APPRAISAL

PEGASUS

• GREEN BELT/LANDSCAPE

MARTIN LEAY ASSOCIATES

• TRANSPORT

MOTION

• FLOOD/DRAINAGE

MOTION

• HOUSING LAND AVAILABILITY

KBEG

• CONSERVATION AREAS

KBEG

• AONB

KBEG

• SETTLEMENT HIERARCHY

KBEG

• NEIGHBOURHOOD DEVELOPMENT PLAN

KBEG

NEXT STEPS

• CONSIDER OPTIONS:

1. DO NOTHING FURTHER – AWAIT PLANNING PROCESS 2. LAUNCH LEGAL CHALLENGE UNDER SECTION 113

NEXT STEPS: SECTION 113

• PLANNING AND COMPULSORY PURCHASE ACT 2004
• REQUEST A STATUTORY REVIEW IN THE HIGH COURT
• CHALLENGE WYCOMBE DISTRICT COUNCIL AND GOVERNMENT
• SEEKING TO MODIFY LOCAL PLAN
• HAVE TO LAUNCH WITHIN 6 WEEKS OF WDC ADOPTION OF LOCAL PLAN

➢BARRISTER PREPARES CASE (STATEMENT OF FACTS AND GROUNDS) ➢BARRISTER REPRESENTS KBEG AT HEARING

KBEG GROUNDS FOR A LEGAL CHALLENGE

WHAT IS BEING CHALLENGED IN THE LOCAL PLAN ?

WE ARE CHALLENGING THE RELEASE OF GREEN BELT LAND AT BOURNE END AND THE ALLOCATION OF HOLLANDS FARM FOR HOUSING SEEK A CHANGE TO POLICY CP4 TARGETING 800 HOMES TO “BOURNE END AND WOOBURN” AND QUASH POLICY BE2 (HOLLANDS FARM)

GROUNDS

HOUSING TARGET EVIDENCE BASE

2012-BASED FORECAST DATA OAHN = 15,100 DWELLINGS 2014-BASED FORECAST DATA OAHN = 13,200 DWELLINGS

2013 - 2033 2012-BASED 2014-BASED +/- POPULATION PROJECTION 19,202 20,300 + 1,098 HOUSEHOLD FORMATION PROJECTION 11,369 10,991

• 378

OBJECTIVELY ASSESSED HOUSING NEED 15,011 13,108

• 1,903

THE (2014-BASED) HOUSING TARGET

13,200 DWELLINGS 10,925 DWELLINGS

AFTER MoU

2,275 DWELLINGS TO AVDC

THE (2016-BASED) HOUSING TARGET

2014-BASED FORECAST DATA OAHN = 13,200 DWELLINGS 2016-BASED FORECAST DATA OAHN = ?

2013 - 2033 2014-BASED 2016-BASED +/- POPULATION PROJECTION 20,300 9,446

• 10,854

HOUSEHOLD FORMATION PROJECTION 10,991 6,350

• 4,641

OBJECTIVELY ASSESSED HOUSING NEED 13,108 ? ?

THE KBEG (2016-BASED) HOUSING TARGET

2016-BASED FORECAST DATA OAHN = 8,400 DWELLINGS*

2013 - 2033 2014-BASED 2016-BASED +/- POPULATION PROJECTION 20,300 9,446

• 10,854

HOUSEHOLD FORMATION PROJECTION 10,991 6,350

• 4,641

OBJECTIVELY ASSESSED HOUSING NEED 13,108 7,976 - 8,727

• 4,757

* AVERAGED & ROUNDED UP

WHAT IS THE ERROR IN LAW ?

• NATIONAL PLANNING POLICY FRAMEWORK (2012) AND ASSOCIATED

PLANNING PRACTICE GUIDANCE – REQUIREMENT TO USE “ADEQUATE, UP- TO-DATE AND RELEVANT” EVIDENCE FROM “THE LATEST AVAILABLE INFORMATION” PROVIDED BY THE GOVERNMENT TO CALCULATE THE HOUSING NEED

• INSPECTOR OF THE GUIDFORD LOCAL PLAN REJECTED 2014-BASED DATA

AND REQUIRED THE USE OF 2016-BASED DATA

HAVE OTHER LPAs USED 2016-BASED DATA ?

• 1. GUILDFORD – YES, INSPECTOR REQUIRED 2016-BASED DATA (31% DIFFERENCE)
• 2. TANDRIDGE – YES, USING 2016-BASED DATA
• 3. WEALDEN – NO MEANINGFUL CHANGE (4.8% DIFFERENCE)
• 4. BARROW BOROUGH – NO MEANINGFUL CHANGE (0.35% DIFFERENCE)
• 5. STAFFORDSHIRE MOORLANDS – NO MEANINGFUL CHANGE (0.02% DIFFERENCE)
• 6. SOUTH KESTEVEN – NO MEANINGFUL CHANGE (0.19% DIFFERENCE)
• 7. WELWYN HATFIELD - YES, UPDATED USING 2016-BASED POPULATION PROJECTIONS
• 8. EASK SUFFOLK – NO MEANINGFUL CHANGE (11 HOUSES/YEAR DIFFERENCE)
• 9. TONBRIDGE & MALLING – NO MEANINGFUL CHANGE (2.3%-4.5% DIFFERENCE)
• 10. NORTH WARWICKSHIRE – NO MEANINGFUL CHANGE (0.03% DIFFERENCE)

WYCOMBE – NO (42% DIFFERENCE)

GROUNDS

• 1. UNLAWFUL REJECTION OF THE 2016-BASED DEMOGRAPHIC PROJECTIONS

AS STARTING POINT FOR CALCULATING OBJECTIVELY ASSESSED HOUSING NEED

• 2. UNLAWFUL TREATMENT OF THE 2016 PROJECTIONS AS IMMATERIAL

GREEN BELT

• NATIONAL PLANNING POLICY FRAMEWORK (2012) AND ASSOCIATED

PLANNING PRACTICE GUIIDANCE – REQUIREMENT GREEN BELT BOUNDARIES ONLY CHANGED IN “EXCEPTIONAL CIRCUMSTANCES”

• WDC SUBMITTED “EXCEPTIONAL CIRCUMSTANCES” WERE ESTABLISHED AT

HOLLANDS FARM AS “WEAKLY PERFORMING” GREEN BELT SITE COUPLED WITH THE AMOUNT OF UNMET HOUSING NEED

EXCEPTIONAL CIRCUMSTANCES – GB REVIEW

• WDC GREEN BELT REVIEW CONCLUDED HOLLANDS FARM PERFORMED A

GREEN BELT FUNCTION, ALBEIT SCORED “WEAKLY”. NOT “EXCEPTIONAL”

• WDC ASSESSMENT CONTESTED BY KBEG EXPERTS THOUGH SEEMINGLY

IGNORED BY INSPECTOR

EXCEPTIONAL CIRCUMSTANCES – UNMET NEED

2014-BASED HOUSING TARGET : 10,925 DWELLINGS BROWNFIELD SITES : 9,788 DWELLINGS UNMET NEED : 1,137 DWELLINGS GREEN BELT SITES : 1,139 DWELLINGS SURPLUS : 2 DWELLINGS

EXCEPTIONAL CIRCUMSTANCES – UNMET NEED

2014-BASED HOUSING TARGET : 10,925 DWELLINGS BROWNFIELD SITES : 10,537 – 10,777 DWELLINGS (1 APRIL 2018 MONITORING UPDATE) UNMET NEED : 148 – 388 DWELLINGS GREEN BELT SITES : 1,122 DWELLINGS SURPLUS : 734 – 974 DWELLINGS

EXCEPTIONAL CIRCUMSTANCES – UNMET NEED

2016-BASED HOUSING TARGET : 8,400 DWELLINGS * BROWNFIELD SITES : 10,537 – 10,777 DWELLINGS (1 APRIL 2018 MONITORING UPDATE) SURPLUS : 2,137 – 2,377 DWELLINGS GREEN BELT SITES : 1,122 DWELLINGS SURPLUS : 3,259 – 3,499 DWELLINGS * KBEG PROXY HOUSING TARGET

GROUNDS

• 1. UNLAWFUL REJECTION OF THE 2016-BASED DEMOGRAPHIC PROJECTIONS

AS STARTING POINT FOR CALCULATING OBJECTIVELY ASSESSED HOUSING NEED

• 2. UNLAWFUL TREATMENT OF THE 2016 PROJECTIONS AS IMMATERIAL
• 3. MISINTERPRETATION OF NATIONAL GREEN BELT POLICY REQUIRING

EXCEPTIONAL CIRCUMSTANCES FOR RELEASE OF GREEN BELT

GROUNDS

• 1. UNLAWFUL REJECTION OF THE 2016-BASED DEMOGRAPHIC PROJECTIONS

AS STARTING POINT FOR CALCULATING OBJECTIVELY ASSESSED HOUSING NEED

• 2. UNLAWFUL TREATMENT OF THE 2016 PROJECTIONS AS IMMATERIAL
• 3. MISINTERPRETATION OF NATIONAL GREEN BELT POLICY REQUIRING

EXCEPTIONAL CIRCUMSTANCES FOR RELEASE OF GREEN BELT

• 4. FLAWED ASSUMPTION THAT SUBMISSION LP ENJOYED A REBUTTAL

PRESUMPTION IN ITS FAVOUR

STATEMENT OF FACTS AND GROUNDS

KBEG GROUNDS FOR A LEGAL CASE 1. UNLAWFUL REJECTION OF 2016 DEMOGRAPHIC PROJECTIONS AS STARTING POINT FOR OBJECTIVELY ASSSESSED HOUSING NEED 2. UNLAWFUL TREATMENT OF 2016 PROJECTIONS AS IMMATERIAL 3. MISINTERPRETATION OF NATIONAL GREEN BELT POLICY REQUIRING EXCEPTIONAL CIRCUMSTANCES FOR RELEASE OF GREEN BELT 4. FLAWED ASSUMPTION THAT SUBMISSION LP ENJOYED A REBUTTAL PRESUMPTION IN ITS FAVOUR

CHANCE OF SUCCESS

• WHO KNOWS? DEPENDS ON MANY VARIABLES
• 50% WOULD BE THE MOST ANYONE COULD PRESUME
• EXAMPLE:
• PROROGATION OF PARLIAMENT IN SUPREME COURT
• ENGLISH HIGH COURT VERSUS SCOTTISH HIGH COURT OPINIONS

40%

NEXT STEPS: FUNDRAISING

JUNE

• WE SAID WE WOULD NEED £50,000
• STATEMENT OF FACTS AND GROUND

£20,000 – FUNDED THROUGH JULY/AUGUST

• HEARING AND POTENTIAL COSTS

£30,000 – REMAINS UNFUNDED NOW

• WE NEED £10,000 BY END SEPTEMBER TO LAUNCH THE LEGAL CASE
• WE NEED A FURTHER £20,000 BY END OCTOBER TO COMPLETE THE WORK IF THE CASE IS

ACCEPTED

NEXT STEPS: FUNDRAISING

• http://www.keepbourneendgreen.org

1. DONATE ONLINE VIA https://uk.virginmoneygiving.com 2. CHEQUES PAYABLE TO: KEEP BOURNE END GREEN 3. BANK TRANSFER:

• SORT CODE 50-41-01;
• ACCOUNT NUMBER- 46067361

4. CASH

• PLEASE REMEMBER TO APPROVE GIFT AID IF POSSIBLE

WE ONLY HAVE 11 DAYS – WE NEED YOUR SUPPORT RIGHT NOW!

THANK YOU FOR YOUR CONTINUED SUPPORT!

APPENDIX

OUR ACT CTIVITIES: REPRESENTATIONS AND HEARING STATEMENTS

• CP2 – SPATIAL STRATEGY
• CP3 – SETTLEMENT STRATEGY
• CP4 – DELIVERING HOMES
• CP8 – PROTECTING THE GREEN BELT
• BE2 – HOLLANDS FARM
• SUSTAINABILITY APPRAISAL
• STATEMENTS FOR EACH HEARING SESSION ATTENDED
• MAIN MODIFICATIONS CONSULTATION REPRESENTATION
• S113 STATEMENT OF FACTS AND GROUNDS

OUR ACT CTIVITIES: HEARINGS A ATTENDED

SESSION KBEG BARRISTER OTHER COMPLIANCE/DUTY TO CO-OPERATE X PLAN STRATEGY X X HOUSING X X EMPLOYMENT/TOWNS/RETAIL CENTRES X NATURAL/ENVIRONMENT X GREEN BELT X X RURAL AREAS/MARLOW, BOURNE END & WOOBURN X X X

OUR ACT CTIVITIES: KBEG COMMUNITY ENGAGEMENT

• ORGANISED MANDATE OF 3,200 LOCAL PEOPLE
• COMMUNITY BRIEFINGS SESSIONS
• DROP-IN SESSIONS FOR CONSULTATIONS
• BRIEFING NOTES
• SOCIAL MEDIA – FACEBOOK MEMBERSHIP OF 1,400 MEMBERS
• EMAILS
• LEAFLETS DELIVERED DOOR-TO-DOOR
• EVENTS – 16+ FUNDRAISING AND INFORMATION ACTIVITIES
• ATTENDED NUMEROUS WDC AND PARISH COUNCIL MEETINGS

IN INCOME AND EXPENDITURE

INCOME EXPENDITURE ITEM AMOUNT ITEM AMOUNT DONATIONS 112,092.48 LEGAL 78,910.04 EVENTS (14+) 10,498.22 PLANNING 26,013.60 CHARITY BALLS 10,074.10 GREEN BELT 19,676.70 GIFT AID 6,746.46 TRANSPORT 10,921.32 CALENDARS 3,750.14 PRINTING 3,359.98 OTHER 517.33 ADMIN/OTHER 1,693.00 TOTAL £143,678.73 TOTAL £140,574.64