Futures Forum: Knowle relocation project: PegasusLife appeal inquiry >>> decision expected soon
Here is a very helpful and well-considered overview of how we got here and where we are now,
put together by a Sidmouth resident very familiar with the issues:
Development of land at The Knowle,
Station Road, Sidmouth
We now await the outcome of the Appeal by Pegasus Life
against the decision to refuse their planning application for the above
site. Irrespective of this decision I
believe the Sidmouth community have been badly treated and let down by East
Devon District Council, by the officers employed and by many of the elected
councillors. Am I justified in making
this statement? Consider the following
events and make up your own mind.
After deciding to vacate The Knowle site in Sidmouth, East
Devon District Council submitted an outline planning application for up to 50
residential homes (class C3 use) and a 60 bed graduated care home (class C2
use). In March 2013 this application was
refused, the main reasons being that; it encroached on open space forming part
of an important public amenity, it would involve the loss of a large area of
employment land which would have a detrimental impact on the economy of
Sidmouth, it would be harmful to the visual amenity and character of Station
Road which forms an important approach to the town, and it would have a harmful
impact on the setting of the listed building known as Balfour Lodge.
East Devon District Council faced with this refusal employed
a different tactic; it sought to change the status of the site by allocating it
for residential housing in the new Local Plan being developed. Like many other residents I was heavily
involved in the Local Plan process both in the consultation/formulation stage
and in the formal examination process including presenting evidence at several
hearings. I argued strongly and
presented evidence for The Knowle site to retain its employment classification (particularly
as the emerging Local Plan recognised the need for future B1 employment
development such as offices!). An
opposing argument was put forward that Sidmouth had a pressing need for
affordable housing and because an alternative employment site (Sidford!!) had
been identified the greater public benefit for Sidmouth would be for The Knowle
to be re-classified as land for residential development. The case for a change of status prevailed.
The East Devon Local Plan (2011-2031) was finally adopted on
28 January 2016. Taking into account the
extensive residential development over the recent past and the limitations on
the infrastructure and services of Sidmouth to support any new development, a
relatively modest allocation of 100 (plus 50 unallocated windfalls) was
specified in the Local Plan for Sidmouth.
Of the 100 allocated homes, 50 were identified for The Knowle. To support the identified need and shortfall
for affordable housing in Sidmouth an increased requirement of 50% was imposed
on new developments. The Local Plan
clearly states in both its vision and strategy that “affordable homes are a top
priority for this council” and that future developments should result in “more
balanced communities”.
Is the East Devon Local Plan (2011-2031) a sound statement
of policy and to be applied and defended by the East Devon District
Council? The application submitted by
Pegasus Life for the development of The Knowle (the councils own land) would be
the first big test.
The planning
proposal submitted by Pegasus Life was for “The construction of an assisted
living community for older people comprising extra care units, staff
accommodation and communal facilities, including kitchen, restaurant/bar/cafe,
a well-being suite comprising gym, treatment rooms and pool, a communal lounge
and storage facilities; car parking for residents, visitors and staff of the
assisted living community; comprehensive landscaping comprising communal and
private spaces; and associated groundworks”.
The qualifying age for potential residents is 60, the number of units is
113 and the application is for C2 use.
Despite overwhelming public, Town Council and other
interested bodies objections, the East Devon District Councils planning
officers recommended approval of the application.
The application was determined by the East Devon District
Council Development Management Committee on Tuesday 6 December 2016. It was resolved: “REFUSED (contrary to
officer recommendation) with delegated authority given to the Development
Manager to draft reasons for refusal.
Members considered that:
> The proposal represented overdevelopment of the site due to
its scale and massing being out of character with the area resulting in a
detrimental impact upon the amenity of surrounding residents
> The proposal represented a C3 rather than a C2 use
> The public benefits from the proposed development did not
outweigh the harm to the heritage asset”.
I was present at the meeting and I would strongly challenge
the above reasons for refusal as an accurate and comprehensive record of the
points proposed for refusal. There were
also several other reasons for refusal that were presented as clear departures
from the Local Plan that were withdrawn on the advice of the Councils Officer
(Mr E Freeman) and the Chairman, I do not believe this advice to be correct or
appropriate. An examination of the audio
record of the planning meeting will support my comments.
Pegasus Life submitted an appeal against the decision to
refuse, the resulting Inquiry commenced on Tuesday 28 November 2017 and
concluded with a site visit on Tuesday 5 December 2017. It is likely that the decision by the
Inspector Michael Boniface appointed by the Secretary of State will not be
known until after Christmas. It was
clear that the limited reasons for refusal (quoted above from the DMC meeting 6
December 2016) significantly weakened the evidence that could be presented in
support of the refusal decision.
In addition to making a decision on the appeal the Inspector
will also determine the classification of the development should this be
necessary. The classification of C2, Sui
Generis, or C3 is of great importance with regard to the requirement for
affordable housing or the compensation payment if not provided. A
Section 106 Agreement between Pegasus Life and East Devon District
Council was published. This shows that the
land being considered for development is valued at £5.8 m. Pegasus Life has submitted viability evidence
to demonstrate that this scheme would not be viable if it were to provide
affordable housing, which the Council has accepted. An “overage clause” has been included where a
contribution would be paid if the scheme was more profitable than the
forecasted figures. In practice this
rarely yields any significant contribution.
If the appeal is upheld by the Inspector what is the outcome
and impact on Sidmouth? If you look at
the whole process and events detailed in this summary the main impacts would
be:
> Loss of a significant employment site with the
loss to Sidmouth of somewhere in the region of 300 jobs. The number, type and
quality of these jobs are very unlikely to be replaced. This will have a detrimental impact on the
economy of Sidmouth.
> The overdevelopment of the site due to its scale
and massing which is out of character with the area will have a detrimental
impact upon the public amenity of the open space and parkland. Part of the original open space would be lost
to development.
> The age qualification (60 and over) for
potential residents of the development would exasperate the in-balanced age profile of Sidmouth and put
further strain on the already stretched infrastructure and services.
> Loss of a building valued by the community and
used as a venue for a variety of public events and gatherings.
> Affordable housing has been identified as a
priority by the community of Sidmouth (supported by the East Devon Local Plan)
and represents by far the most urgent need to be addressed in all new
development. This site (as the largest
allocated site) represents a vital contribution to this need, either by the
direct provision or by compensation payment to allow an even higher level
(above 50%) in the other allocated sites.
This development will deprive Sidmouth of this value.
How can the Sidmouth community mitigate this loss and damage
and seek some redress? Unfortunately the
issue of the loss of a valuable employment site and jobs is out of our hands,
with East Devon District Council deciding to relocate elsewhere and the site
now allocated for residential housing.
In supporting the Pegasus Life planning application (a gross departure from
the Local Plan) East Devon District Council officers and many councillors have
knowingly deprived Sidmouth of the affordable housing benefit specified in
their own Local Plan. They will argue
that they have secured the highest price for the site and therefore the
greatest value for the public of East Devon as a whole, but at what cost to
Sidmouth? At what cost to the integrity
of the Local Plan and the Council itself?
The recently published Section 106 Agreement shows the site
is valued at £5.8m, it is reported that Pegasus Life have agreed to pay East
Devon District Council £7.5m subject to planning approval. The council has advised that this sum will go
towards their relocation costs. Is this fair?
If the council had made it clear that it would only entertain
development proposals strictly adhering to the Local Plan the price paid for
the site would be closer to the Section 106 Agreement valuation, but Sidmouth
would get the full 50% affordable home value.
As a partial redress if this appeal is upheld, East Devon
District Council should allocate £1.7m (the difference between £7.5m and £5.8m)
towards affordable homes in Sidmouth.
Barry Curwen (Sidmouth resident)
See also:
Futures Forum: Knowle relocation project: PegasusLife appeal inquiry >>> "over-development of the site could cause harm"
Futures Forum: Knowle relocation project: PegasusLife appeal inquiry >>> challenging the developer's heritage 'evidence' >>> and when public 'benefits' are 'disbenefits'
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