Residents of Wilmslow, who continue to oppose development on greenbelt and green field sites around Wilmslow, have taken legal advice regarding the proposal for a development of 203 homes at Adlington Road.
This advice, which has been submitted to the Planning Officer at Cheshire East Council, says that it would be unlawful for the Council to approve development on the safeguarded land.
The Adlington Road greenfield site was first identified as safeguarded land in the 1988 Wilmslow Local Plan and that designation was rolled forward into the 2004 Macclesfield Local Plan.
In his report David Manley QC says "The safeguarded designation is not a "green light" to development and it does not establish the principle of development on the land, but rather it is a mechanism for identifying land that "may be required" (not will be required) to meet development needs at a future date.
"Safeguarded land, in the event that it is to be brought forward for development, must be brought forward as an allocation, ie through a future plan-making exercise. It is not the intention of the policy that safeguarded land should be brought forward via ad hoc planning applications in advance of its formal designation as housing land in any new/revised Development Plan document."
Mr Manley states that grant planning permission on the Adlington Road site would be in breach of the Development Plan and that the safeguarded land can only be released following a Development Plan review, rather than by way of an ad hoc planning application.
He continues "The site is a defined strategic site and to grant it approval now will predetermine an issue that is properly for debate at the forthcoming EIP (Examination in Public), namely is Adlington Road actually needed to meet the housing needs of Wilmslow? It would, in short, reduce the Development Plan process to a "done deal". It would be difficult to imagine, on a local level, a bigger "slap in the face" to the whole notion of Plan led development which remains a core material planning objective."
David Manley QC concludes "It is difficult, if not impossible, to see what basis there might be for such a significant breach of Development Plan policy in this case and, therefore, any grant would be prima facie unlawful."
A Council spokesman said:"The advice of David Manley QC remains under consideration as part of the process of determining the application submitted by Jones Homes. Accordingly it would be inappropriate to provide any definitive conclusion at this stage.
"However our initial reaction is that many of the points made by Mr Manley are very similar to those argued by the Council in respect of the safeguarded land at Handforth Hall at the planning appeal for the care village off Coppice Way.
"In that case those arguments were rejected by the appeal Inspector who considered that safeguarded land should be developed now – and accordingly planning permission was granted. It is unclear as to whether Mr Manley was aware of this decision when providing his advice to Wilmslow Residents. It also should be noted that whilst the Council can demonstrate a 5 year supply of deliverable housing land – the site at Adlington Road forms part of that very supply – it is not additional to it.
"Consequently there remain many issues under consideration in this case – and the advice of Mr Manley will form part of the Council's deliberations in the matter."
Comments
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Headline understates the importance of Counsel's advice, as does CEC of course.
They want this. Wilmslow Town Council do not.
So many better options for sustainable development of housing for Wilmslow and all in the fullness of time. Too many, too soon, wrong location.
Wilmslow Town Council does advocate development on this site but not until 2025.
It is Residents of Wilmslow which does not want development of this site before, until or after 2025; in other words RoWs strategy is a strong and definitive NO to development on the Adlington Road fields at any time.
A quite different strategy to Residents of Wilmslow's.
Therefore WTC is quite happy for development here at some time, its position of no to 2025 is tantamount to saying YES to development thereby undermining its position.
We have had the very same mixed and confused message, and a very definite misunderstanding of Green Belt, from Wilmslow Town Council over the Royal London site. Royal London wishes to build 75 homes (for now!), a giant new office complex and a high rise hotel on its Green Belt site. WTC has stated it is against homes being built but for the commercial development on this valuable Green Belt. WTC does not understand that once the Green Belt has been lost, for commercial or residential development, it is lost forever, thus giving the green light for Royal London to apply/demand/blackmail its way to future unknown development on its site.
It is the Residents of Wilmslow which is fighting to preserve and protect these two vital green areas of Wilmslow against unnecessary and unwanted development. Wilmslow has the numbers of new homes on target without either of these sites being despoiled forever, plus a vast amount of empty office/commercial spaces within the town.
To sum up, Wilmslow Town Council is acting as a Trojan Horse towards both the Adlington Road and Royal London sites.
CE may believe it can delude some of the public some of the time but it will not delude most of the public for all time.
If it wishes to pitch its defence on Coppice Way in Handforth it will quite clearly fail.the test. Head of Spatial Planning at CEC has clearly written and quotes the NPPF at paragraph 85 "Planning permission for the development of safeguarded land should only be granted following a Local Plan review which proposes the development".
CEC therefore clearly accepts the need for a review of the Local Plan before Planning Permission is given for safeguarded land.
Adlington Road comes quite clearly into this category. In addition, unlike Coppice Way where the Council clearly did not have a 5 year housing supply and prior to the Local Plan being up for review, the Council is quite adamant that it now has a 5 year supply and that the adoption of the Local Plan has not yet taken place. It could also be argued the Coppice Way decision was illegal and in no way provides a precedence that would support development at Adlington Road prior to the Local Plan being adopted.
Therefore any premature planning decision over Adlington Road before the Local Plan review can be considered as predetermination. Hence the RoWs QC assertion that the Council is leaving itself wide open to legal challenge.
Cheshire East must really consider the full consequences to its tax payers, of attempting to steamroller ahead with Adlington Road, or any other site, to please its developer buddies.
pockets and hoodwinking the residents… we are sick of it…. at what point will someone realise that this is ruining the future of these well establishes towns.. IF and I mean IF, housing has to been developed then use up brown fields….. and why in gods name do we need a new office block and hotel on the Royal London site Have you seen how many offices remain empty in wilmslow included ones at the Royal London offices itself! … Its just a money making project for all concerned… sod the residents… I am sure of any of the people approving this, live in the areas proposed, and it disrupted they lifestyle or pockets, I am sure it not be happening!!
Disgusted from Wilmslow
What a surprise that this 'community' of self interested nimbies have instructed a QC assist in eradicating development from the town. They go under the auspice of 'protecting' our green spaces and the greenbelt but dig a bit deeper, look at the age demographic and social profile of this group and you'll soon discover they're seeking to protect nothing more than their house prices!!
Wilmslow has over 130,000 square feet of empty of commercial space within the town, this includes approx 10,000 sq ft at Royal London. There is adequate workplace space within the town to satisfy demand, if only that demand existed. Wilmslow has adequate brownfield sites just awaiting development, preferably for housing, affordable &/or others, but Cheshire East has proven very reluctant to include these sites in its possible housing figures. As CE says, developers prefer shovel ready green fields, therefore not up to the council to dictate to developers! Well that is what the council repeatedly says to RoW.
With reference to Mr. Lawlor's comments - Residents of Wilmslow has never said it was "representative of the wider population of Wilmslow", but we are concerned with the wider development of and within our town. We do wish to see the town become a vibrant centre with excellent schools & social amenities.
We see a better way of achieving these desires other than concreting over valuable green belt & green fields. As mentioned above, the town has ample brownfield sites just waiting for development but have and are being ignored by CE, there are more than ample job opportunity buildings in the town, again see the 130,000 sq ft of vacant job spaces.
Far from being a "community of self interested 'nimbies' ", we are very much concerned with the future development of Wilmslow, to ensure it continues to grow in the right way and not become a further urban sprawl as you appear to desire, but to stay as a country town ringed by greenery not concrete.
By the way, house values do not enter into our argument but a good environment for all Wilmslow's residents, young and old, does.
Finally, name calling of whatever hue, in this instance "nimbie", is the last resort of the bully & intellectually challenged.
http://en.wikipedia.org/wiki/Manchester_Airport_City