Preliminary Grounds of Appeal

Transcription

1 Preliminary Grounds of Appeal Westonbirt Arboretum Appeal vs Cotswold District Council (CDC) Decision to Reject Planning Application CDC Ref: 10/01916/FUL Preliminary Grounds of Appeal 1. Our Grounds for Appeal are that we consider the proposals we submitted for planning approval are fully compliant with Government guidance in PPS1, PPS5 and Local Plan Policies 19 and 42, and that Cotswold District Council s (CDC) reason s for refusal are therefore contrary to Government guidance and the Local Plan. We will further elaborate the detail of all our grounds of appeal in a Hearing Statement, but in brief we outline them below. 2. CDC does not clearly state in its decision notice why it believes our application is at variance with PPS1 and we would ask them to provide greater clarity in this regard. On the contrary, we consider that our application has direct relevance to achieving the Government s aims for sustainable development (as set out in the 1999 Government document A Better Quality of Life and enshrined in PPS1) as it seeks to: a) contribute to the effective protection of the environment by removing car parking from an historic Downland area in order to restore that area to species rich grassland; b) demonstrate prudent use of natural resources in its timber design and other environmental features, and further enhances the interpretation opportunities at Westonbirt for educating the public about sustainable development and the importance of trees to our environment and society; and c) enable a site re-organisation that will provide a viable economic future for Westonbirt Arboretum as a visitor attraction (the most visited pay-to-enter attraction in Gloucestershire) and key economic driver for the local economy. 3. CDC does not clearly state in its decision notice why it believes our application is at variance with PPS5 and we would ask them to provide greater clarity in this regard. We consider that our application positively contributes to the conservation of our historic environment for this and future generations in a great number of ways. Some of these (we will provide further justification in our Supporting Statement) are: a) the creation of a new car park off the Grade 1 Registered Park and Garden is driven by the desire to replace the current unsightly covering of the listed landscape with cars; b) our proposed Welcome Building enables the relocation of the car parking in this way. The design of this building has been driven by a desire to complement the historic landscape it abuts, and not to distract from the beauty around it. It is designed to nestle into a currently less-attractive part of the site (a miniroundabout), and is of a modest and unassuming stature. It is built out of timber to reflect the trees that are the highlight of the site, and will be surrounded by planting that will complement the existing aesthetic of the site. 1/8 miranda.winram@forestry.gsi.gov.uk

2 c) Westonbirt Arboretum is an historic asset that currently adds value to its wider locality by providing substantial public amenity and economic vitality. The proposals made in this planning application are to maintain and continue to provide this wider benefit to the community by adding interest and variety to the current visitor offer and by improving some of the current drawbacks of the visitor experience at the site. 4. Our own assessment of our positive contribution to achieving the Governments policy (as intended through the direction of PPS5) is supported by the three Statutory Consultees who have been consulted by CDC during this planning process. We attach their responses in full as Appendices 1-3 with this Appeal Form, but a brief extract from their responses is: a) English Heritage state the significance of Westonbirt Arboretum is not substantially altered by the current proposals. Instead it could be argued that by improving existing facilities and by providing better locations for them, the evidential, historical, aesthetic and communal value of the Arboretum will actually be enhanced... They conclude that In our judgement there is minimal harm to the heritage asset from these proposals and the public benefit is compelling. b) English Heritage s response to the specific issue of the design of the Welcome Building, the reason for CDC s refusal of the overall application, is that they find it modest and self effacing. There is absolutely no suggestion that it is in any way inappropriate in design terms for the landscape and setting it is proposed for. c) The Garden History Society in their consultation response state that Westonbirt Arboretum is to be congratulated on bringing forward these ambitious proposals which will enhance the historic designed landscape. d) The Gloucestershire Gardens and Landscapes Trust have no objection to these innovative proposals.we particularly welcome the landscape restoration of the Downs in the old car parking area. 5. Our assessment of the positive contribution of the proposals to the ideals promulgated by PPS1 and PPS5 is reinforced by local support for the proposals, together with the lack of any local opposition. Not one objection to the planning proposals was made by any of the general public or local community, many of whom feel great affection and interest in the Arboretum, and who are the first to raise their voices if they feel changes planned are not for the best! 6. CDC does not clearly state in its decision notice why it believes our application is at variance with LPP 19, and we would ask them to provide greater clarity in this regard. Looking at the detail of this policy: a) LPP 19a) relates to new-build open market housing and is irrelevant; b) LPP 19b) relates to significant harm being caused to existing patterns of development. By relocating the site car park to a less sensitive location we are reducing the harm to existing patterns of development, including restoring the key characteristics of an open space; c) LPP 19c) the proposals will not lead to an increase in car borne commuting; 2/8 miranda.winram@forestry.gsi.gov.uk

3 d) LPP19d) the proposals are directly to ensure the future of the vitality and viability of the settlements in the wider area, by ensuring that the Arboretum continues to generate visitors, jobs and economic benefit. e) LPP 19e) the proposals directly contribute to the principles of sustainable development as indicated in point 2 above. 7. CDC does not clearly state in its decision notice why it believes our application is at variance with LPP 42, and we would ask them to provide greater clarity in this regard. Looking at the detail of this policy: a) The development proposed is environmentally sustainable in its proposed build materials and contents; b) The proposals are designed in a manner that respects and reflects the character, appearance and local distinctiveness of Cotswold District, and particularly the special distinctiveness of the Arboretum. The use of timber in the Walkway, Tower and Welcome Building reflect the existing use of timber for buildings on the site. The use of a modern, simple aesthetic for the Welcome Building reflects the variety of other varied traditional and modern buildings on the site. The architectural firm that have delivered the proposals within the application are known for the quality and fine detailing of the work they deliver. Above all the Welcome Building, Walkway and Tower have been designed to gently sit within the special landscape we have here, they do not dominate or impose on an already beautiful scene. I refer also here to the support for the proposals, and the designs within them, received from the three statutory consultees, Point 4 above. 8. We are unclear as to the basis within planning law of CDC s statement in the Decision Notice that its mediocre design which is reminiscent of a utilitarian agricultural shed. We consider that this is nothing like an agricultural shed, it is instead a crisply designed building with clean lines and high quality detailing that pays homage to the other timber buildings in the Arboretum. Design, as defined in PPS1, is broader than simply the aesthetic appearance of a building, it also relates to the how places work and fit together, as well as responding to the existing character of the area. It is also about, (say CABE) how people will be able to use the development once built. CDC have confirmed that they are content with the scale, location, materials, size and functionality of the Welcome Building. We will explain how the design presented significantly improves the way in which the arboretum currently works, and the improved public benefit that will flow from this design. We would also ask CDC to further explain the application of their statement to our application. 9. We are unclear as to the basis within planning law of CDC s statement in the Decision Notice that The design of the building lacks the necessary high quality and innovation and this has resulted in an uninspiring building. This appears to pre-suppose that innovation and inspiration are planning requirements, which we do not believe to be the case. We believe that the Arboretum is what is 3/8 miranda.winram@forestry.gsi.gov.uk

4 inspiring about Westonbirt, and that the Welcome Building has been appropriately designed to facilitate visitor entrance to this inspiring site. 10. CDC, in the Decision Notice, further state that the Welcome Building does not sit within the landscape. We understand that the CDC Landscape Officer is content with the landscape proposals within our application. We know, from the three statutory consultees relating to landscape and their comments detailed in point 4 above, that this CDC view is not shared by the experts mandated to comment on planning applications and to inform local councils with their expertise. In this case CDC seem to be taking their own, contrary, view to the experts that they consulted. 11. CDC in the Decision Notice also state that the Welcome Building design does not do justice to the arboretum s status as a major tourist attraction and registered heritage asset. This appears to be a purely subjective judgement by CDC as to what the Arboretum should have commissioned from its architects, with obvious impacts on the level of expenditure required by the Arboretum on any development. We are not aware that CDC received any specific professional design advice to inform their judgement. We feel that it is inappropriate for the planning process to seek to direct that the designs proposed for buildings should be of a scale and grandeur greater than that determined as achievable by the applicant. 12. Our Hearing Statement will also draw on planning precedent, including the recent planning permission granted for a wooden clad building at another location (and under separate ownership) within the curtilage of the Westonbirt listed landscape. 13. We will also draw the Inspector s attention to the role that this planning application, and the Welcome Building particularly within it, play in the overall site reorganisation and the future business plan for the Arboretum. This particularly includes the overwhelmingly improved public benefit from the proposals, both in practical amenity and in the enhanced opportunities for engaging our visitors with their environmental and landscape heritage, and for contributing to the wider appreciation of the role of trees in our world. These factors are crucial in ensuring the continued exemplary management of this national historic and environmental asset. 14. As applicants the Forestry Commission are aggrieved by the decision reached by CDC, and in the Hearing Statement a full analysis will be provided of current Development Plan policies, as well as national advice, and it will be demonstrated that the Local Planning Authorities reason for refusal was unjustified. 4/8 miranda.winram@forestry.gsi.gov.uk

5 Grounds of Appeal Appendix 1: English Heritage Statutory Consultation Response Ms Claire Baker Direct Dial: Cotswold District Council Direct Fax: Directorate of Development and Heritage Trinity Road Cirencester Our ref: P Gloucestershire GL7 1PX 8 July 2010 Dear Ms Baker Notifications under Circular 01/2001 & GDPO 1995 WESTONBIRT ARBORETUM, A433, WESTONBIRT, WESTONBIRT WITH LASBOROUGH, COTSWOLD, GLOUCESTERSHIRE Application No 10/02916/FUL Thank you for your letter of 9 June 2010 notifying us of the application for planning permission relating to the above site. We do not wish to comment in detail, but offer the following general observations. English Heritage Advice This application encompasses a large number of proposals at Westonbirt Arboretum, including a revised and resited main visitor car park, coach and additional car parking, visitor reception (Welcome Building), tree walkway with tower, and associated landscaping. The proposals have emerged after a long period of gestation, involving some pre-application discussion with English Heritage. Westonbirt Arboretum forms an integral part of the Westonbirt Estate, which is included on our Register of Parks and Gardens at grade I. A shorthand way of describing grade I sites on the Register is that they are of 'international' significance. Government guidance on registered parks and gardens in the planning process is contained in PPS 5 (Planning for the historic environment), which describes registered parks and gardens as heritage assets. Policy HE9.1 states that 'the more significant the designated heritage asset, the greater the presumption in favour of its conservation should be' and that 'loss affecting any designated heritage asset should require clear and convincing justification'. Policy HE9.4 further states that where a proposal has a harmful impact on the significance of a designated heritage asset which is less than substantial harm, local planning authorities should have regard to the public benefit of the proposal. Significance is defined in English Heritage's published guidance on the subject ('Conservation Principles') with reference to four key types of value. Westonbirt Arboretum's values are evidential (a remarkable collection of trees), historical (it forms part of the wider Westonbirt Estate and is a particularly interesting expression of 19th century horticultural aspirations, skills and sensibilities), it has aesthetic value from the artistic placing of the trees and the enjoyment visitors gain from them, and it has a communal value as a destination for several hundred thousand visitors each year. In this context, in our judgment the significance of Westonbirt Arboretum is not substantially altered by the current proposals and the use of words such as 'harm' or 'loss' in PPS 5 may, in this case, be inappropriate. Instead, it could be argued that by improving existing facilities and by providing better locations for them, the evidential, historical, aesthetic and communal value of the Arboretum will actually be enhanced. Having reviewed the application, we consider there is much to welcome in the proposals. They seem to us to represent a mixture of pragmatism and creativity in reconciling on the one hand the demands placed on the Arboretum by visitors, and on the other its historic, evidential, community and aesthetic values. 5/8 miranda.winram@forestry.gsi.gov.uk

6 In general terms, the location and scale of the proposals is not materially different from the sketch masterplan presented to us by Roger Worthington of the Forestry Commission in August Improvements to the presentation and legibility of the historic, designed landscape include the removal from the central Downs area of the existing, prominently sited car park and restoration of the Downs to downland, with parking for cars and coaches moved to the edge of the registered park. The current proposals also include a new visitor reception or Welcome Building. Again, the location of the proposed building has not materially changed from the indicative location we were shown in August 2009, although the building itself is more modest and even self-effacing than one might have expected from its original description as a 'Gateway Building'. The major change since August 2009 is the decision to introduce a viewing tower linked to the Welcome Building by an elevated walkway. A pre-application site visit with English Heritage and officers from your authority, after August 2009, reviewed several potential locations for the proposed tower and walkway. It was accepted that such a bold intervention could have a seriously adverse impact on the values of Westonbirt Arboretum if inappropriately sited. But handled with sensitivity, the proposed tower could be an exciting innovation, giving visitors a new perspective on the Arboretum and a greater understanding of its relationship to the wider Westonbirt Estate. Unfortunately no detailed drawings have been included with the application and we cannot find dimensions for the proposed tower. The height of the tower will be governed by the need to rise above surrounding trees; however, our advice is that it should not be so high that it detracts from designed viewpoints (this is not the same as saying that it should be invisible). As a body charged by government to protect registered parks and gardens, we would welcome the opportunity to agree the final height of the proposed tower to reassure ourselves that the level of impact on the rest of the grade I registered park and garden is acceptable. We advise that this be conditioned. A number of visualisations have been included in the application which suggest the timber walkway leading to the viewing tower is somewhat basic in design, particularly the hand rail and mesh fence. How successful the design of the walkway is will very much depend on the detail and perhaps this too could be conditioned? In the limited time available for this consultation it has not been possible to review all the landscape design details such as choice of surfacing, lighting and seating. We have not identified any major concerns but we would encourage you to seek the professional opinion of your authority s own landscape architect on these matters. In concluding our advice we would refer back to Policy HE9.4. In our judgement there is minimal 'harm' to the heritage asset from these proposals and the public benefit is compelling. Recommendation We would urge you to address the above issues, and recommend that the application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice. It is not necessary for us to be consulted again. However, if you would like further advice, please contact us to explain your request. Yours sincerely Kim Auston Landscape Architect (Western Territory) kim.auston@english-heritage.org.uk cc John Clark, Garden History Society 6/8 miranda.winram@forestry.gsi.gov.uk

7 Grounds of Appeal Appendix 2: Gloucestershire Landscape and Gardens Trust Statutory Consultation Response DATE 1 st July 2010 Dear Claire Baker, Application for Enhancement of Westonbirt Arboretum Planning Ref 10/01916/FUL 2 Beech Close Highnam Glos GL2 8EG Phone: anna@anna-jones.co.uk The Gloucestershire Landscape and Gardens Trust have no objection to these innovative proposals which affect part of the Grade 1 listed Park and adjacent land. We particularly welcome the landscape restoration of the Downs in the old car parking area. Yours sincerely, Anna Jones Dip LA MLI Acting Chairman on behalf of the Trust Cotswold District Council Planning Services, Trinity Road, Cirencester. GL7 1PX 7/8 miranda.winram@forestry.gsi.gov.uk

8 Grounds of Appeal Appendix 3: Garden History Society Statutory Consultation Response From: John Clark Sent: 01 July :48 To: Subject: STATUTORY CONSULTATION: 10/01916/FUL Miranda This looks like a vast improvement John 70 Cowcross Street London EC1M 6EJ John Clar k Conser vati on Officer South West Region 38 Monmouth Street Topsham Exeter EX3 0AJ Directorate of Development and Heritage Cotswold District Council Trinity Road Cirencester GL7 1PX Our ref: 10/0248 Your ref: 10/01916/FUL 30 June 2010 Dear Sirs Enhancement of Westonbirt Arboretum to include a rev ised Main Visitor Car park, coach and additional car parking, wood store, Welcome building, tree walkway and heritage tower, alterations to the internal access arrangements, associated landscaping and works, Westonbirt Thank you for consulting The Garden History Society on the above application which affects Westonbirt, an historic designed landscape of national significance which is included by English Heritage on the Register of Parks and Gardens of Special Historic Interest at Grade I. We have viewed the application documents on you web site. Westonbirt Arboretum is to be congratulated on bringing forward these ambitious proposals which will enhance the historic designed landscape. We are happy to support this application. Yours faithfully John Clark Conservation Officer, SW Region 8/8 miranda.winram@forestry.gsi.gov.uk