Reference No: HOL/00705 Petitioner: Christine Mary Chapman Published to Collaboration Area: Friday 21-Oct-2016 EXHIBIT LIST Page 1 of 16 No Exhibit Name Page 1 A420 Application.pdf (A420) 2-10 2 A421 Drawings.pdf (A421) 11-14 3 A422 Correspondence.pdf (A422) 15-16 HOL/00705/0001
Melling Farm, Quainton Application for a certificate of appropriate alternative development under section 17 of the Land Compensation Act, 1961 On behalf of Mrs. Christine Chapman October 2016 A420 (1) HOL/00705/0002
Contents 1 Introduction... 1 2 The applicant and description of proposed development... 2 3 Site appraisal... 2 4 Settlement context... 4 5 Design and access of proposed alternative development... 4 6 Planning position... 4 7 Conclusions... 8 1 Introduction Under the proposals for HS2, Melling Farm in Quainton is one of the properties that will be affected as it will lose land including frontage onto Station Road by the proposed construction of a link road. An extract from the HS2 safeguarding map is shown below. Figure 1: HS2 safeguarded land at Quainton Under section 17 of the Land Compensation Act, 1961, where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, a party directly affected may apply to the local planning authority for a certificate of appropriate alternative development (section 17.1). This document and accompanying plans comprise such an application. 1 A420 (2) HOL/00705/0003
Drawing Q02 shows hatched the area of land that HS2 will take from Melling Farm. 2 The applicant and description of proposed development The applicant is: Mrs. Christine Chapman 43 Upper Street Quainton Aylesbury Bucks HP22 4BA Tel: 01296 655990 E-mail: chris_2703@hotmail.co.uk Mrs. Chapman is the owner of Melling Farm. The agent is: Nick Shute 5 Coldharbour Tring Road Wendover Bucks HP22 6NR Tel: 01296 584522 E-mail: nickshute@ntlworld.com Alternative development area Melling Farm comprises an agricultural holding of some 4.35 ha. as shown in Drawing Q01, but only a small part of this is considered to have alternative development potential. The application for a certificate of appropriate alternative development is therefore confined to this smaller area of 0.19 ha., as shown outlined in red on the Site Plan, Drawing Q04, accompanying this application. Description of proposed alternative development Residential development, new access points off Station Road and landscaping. A layout is submitted, for illustrative purposes only, showing how 4 detached dwellings could be accommodated on the site. This is shown in Drawing Q04. 3 Site appraisal The proposed alternative development site is shown in Drawing Q03. It is currently used as a grazing paddock. It has a frontage of some 43.3 metres onto Station Road. The western and eastern boundaries of this paddock are enclosed by mature mixed hedgerows. There is continuous residential development on the opposite side of Station Road Immediately opposite the site are Nos. 135, 135a, 137 and 137a Station Road. Further to the south lies the Leafwood factory and Quainton Road Station. 2 A420 (3) HOL/00705/0004
Immediately to the north of the site lies the farm track leading to Melling Farm. Further north is further residential development, including Nos. 110, 108, 106, 104 Station Road. Station Road is subject to a 30mph speed limit. This is a straight road with good visibility in both directions. A photograph of Station Road alongside the proposed development site is shown in Figure 2 below. The trees and hedgerow along the boundary can be clearly seen in this photograph. Figure 2: View of Station Road looking south from the access track to Melling Farm A photograph of the site from the farm entrance and the track is shown in Figure 3 below. This shows that the site is substantially enclosed by planting along the western and eastern boundaries. Figure 3: View of the site from the farm entrance track 3 A420 (4) HOL/00705/0005
An analysis of the site is shown in Drawing Q03. 4 Settlement context Quainton is a small village and has limited infrastructure and transport connections. There is one small shop, a primary school, a public house, a Post Office facility for two hours a week and a mobile library service only 30 minutes monthly. The nearest secondary schools are in Aylesbury and Waddesdon. There is currently no pre-school or Nursery in the village. There is very limited small-scale local employment, no train station, very limited bus service to Aylesbury Vale Parkway railway station, only 4 daily, with the last departure at 07.47am. Buses run hourly to Aylesbury until 13.19pm, after that a less frequent service operates until the last one at 17.47pm. The first bus from Aylesbury departs at 09.50am with the final one scheduled for 18.45pm. 5 Design and access of proposed alternative development The layout shown in Drawing Q04 is for illustrative purposes only, but gives an indication of how the site could be developed. The layout shows 4 detached 4 bedroom dwellings, each with integral garage and onplot parking. The layout shows that each dwelling would have a generous plot area, averaging approximately 490 sq.m. New access points to serve the proposed dwellings are shown in Drawing Q04. This will replicate the current pattern whereby houses on Station Road have individual entrances and each will have good visibility in both directions. The visibility splays can achieve an x distance of 2.4m and y distances in excess of 100m to the south and north. This complies with the recommendations in Manual for Streets, which suggests that for a road with a 30mph speed limit, the y visibility distance should be 40 metres. The layout retains as much of the hedgerow along Station Road as possible, subject to clearing part to provide the access points. The mature hedgerow along the western boundary is retained in full and in addition, new planting is proposed along the northern and southern boundaries of the proposed development site. This will provide effective screening of the site from more distant views. 6 Planning position Quainton has produced its own Neighbourhood Plan, which covers the period 2015-2033. On adoption, the Quainton Neighbourhood Plan will form part of the development plan, against which planning applications in the area will be assessed. The Plan was subject to a local referendum in July 2016. The result of the referendum was 374 votes Yes out of 395 votes cast (95% Yes ). The turnout was 37.7% of the electorate. 4 A420 (5) HOL/00705/0006
The final step is for Aylesbury Vale District Council to declare that the Neighbourhood Plan has been made. However, the Plan is subject to a legal challenge by Walsingham Planning, on behalf of PAG Ventures Ltd., which is currently delaying the final adoption of the Plan. The Neighbourhood Plan defines the boundary of the settlement of Quainton, as shown in Figure 4 below. Figure 4: Settlement boundary of Quainton, as defined by the Neighbourhood Plan 5 A420 (6) HOL/00705/0007
The Neighbourhood Plan s policy on new housing development is set out in Policy H1 Housing - Location of Development. This states: Within the Settlement Boundary proposals for new homes will be supported where they respect the character of the immediate locality; contribute to local distinctiveness; and maintain appropriate amenity of adjacent dwellings. Apart from the special circumstances set out in paragraph 55 of the NPPF there is a presumption against development of new homes outside the Settlement Boundary in the open countryside except on sites adjoining the Settlement Boundary along Station Road, where a distinct boundary to open countryside can be achieved and where appropriate amenity of adjacent dwellings can be maintained. Development proposals in the open countryside outside the Settlement Boundary will be supported where they assist the sustainable growth and expansion of a business or enterprise in the countryside area, both through conversion of existing buildings and well-designed new buildings; promote the development and diversification of agriculture and other land use based rural businesses; or support sustainable rural tourism and leisure developments that benefit businesses in the countryside area, communities and visitors, and which respect the character of the countryside and are appropriate in terms of highway capacity. The key part of this policy in so far as the present proposal is concerned is the phrase that new housing will be possible on sites adjoining the Settlement Boundary along Station Road, where a distinct boundary to open countryside can be achieved and where appropriate amenity of adjacent dwellings can be maintained. The proposed development of 4 new houses on the frontage land of Melling Farm complies with this policy in as much as: The land adjoins the settlement boundary on Station Road; A distinct boundary to the countryside can be achieved by the retention of the existing hedgerow on the western boundary and by new planting on the northern and southern boundaries of the land; The amenity of the existing dwellings on the opposite side of Station Road will not be adversely affected. Also relevant in the determination of this application will be the National Planning Policy Framework (NPPF), published by the Department of Communities and Local Government in March 2012. The Aylesbury Vale District Local Plan (AVDLP) was adopted in 2004 and provided policies and development proposals up to 2011. The Local Plan is therefore time expired and carries little weight in decision making. The NPPF sets out in paragraph 14 that there is a presumption in favour of sustainable development, which should be seen as a golden thread running through both planmaking and decision-taking. In considering applications for development, where the 6 A420 (7) HOL/00705/0008
development plan is absent, silent or relevant policies are out of date (as is the case in Aylesbury Vale), planning permission should be granted unless: any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in this Framework indicate development should be restricted. The site is currently used as a paddock. However, it has no landscape designation as a valued landscape. It does not have any special landscape value or character that requires protection. Paragraph 49 of the NPPF states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites. The Neighbourhood Plan notes that the village is a suitable location for some growth to sustain its vitality; but the level needs to be constrained due to its lack of infrastructure and its small to moderate population size of around 1,300 people in 550 homes. In August 2016, AVDC published their 5 year housing land supply position statement. Table 7 from this document summarises their conclusions regarding housing land supply from 2016 to 2021, as shown below. Housing land supply for 1st April 2015 to 31st March 2020 Requirement 5,325 Pre-2016 oversupply 405 Total 5 year requirement 4,920 Total 5 year requirement plus additional buffer of 20% 5,904 Total projected supply from deliverable sites 6,177 10% non implementation deduction -618 Total projected supply from windfall sites 212 Total projected supply 5,771 Projected supply as percentage of requirement 97.7% (4.9 years) Source: AVDC Interim housing land supply assessment (Table 7) As can be seen from the above table, the Council are only able to provide a 4.9 year supply of housing. This therefore reinforces the requirements of Paragraph 49 of the NPPF that housing applications should be considered in the context of the presumption in favour of sustainable development. 7 A420 (8) HOL/00705/0009
7 Conclusions In line with the presumption in favour of sustainable development, we believe that development of the proposed site ought to be approved (or in this case, be granted a certificate of appropriate alternative development). Development of the site: Complies with Neighbourhood Plan Policy H1 Would enhance the vitality of the village of Quainton. Can be screened by additional planting to minimise any visual impact of development. Can be safely accessed from Station Road, with good visibility at the junction. Would contribute towards meeting the housing needs of Aylesbury Vale District. The NPPF states that in such circumstances, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. In this case, any adverse impacts would be slight and would not outweigh the benefits of the development. A certificate of appropriate alternative development ought therefore to be granted. 8 A420 (9) HOL/00705/0010
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CMC 2 RE: Melling Farm, Station Road, Quainton HP22 4BT Mark Warnett Reply Tue 26/04, 08:29 You; Melanie Jones (Melanie.Jones@hs2.org.uk)... Dear Christine Thank you for your email. The following link provides some general information on professional fees for those affected by HS2. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/493336/c9_- _Recovery_of_Costs_by_Property_Owners_v1.4.pdf Broadly speaking, under compulsory purchase compensation rules, a claimant s professional fees form part of any compensation claim. Technically a claim can only be made once HS2 has served formal compulsory purchase possession notices (assuming Royal Assent is granted). Nevertheless HS2 Ltd will consider, on a discretionary basis, the advance interim payment of reasonable professional fees to landowners that are directly and significantly impacted by the HS2 scheme and where the landowner will in due course have a claim under the compensation code for compulsory purchase, but where it is reasonably necessary for the landowner to obtain proper professional advice well in advance of any actual land acquisition or compulsory purchase. Each case will be considered on its merits. I m sorry if this seems slightly vague. I would suggest you look to appoint an agent, most of whom that deal with HS2 regularly are familiar with the fees processes, and ask them to liaise with us about payment of advance fees. I hope this is useful, but if you have any queries don t hesitate to call me to discuss. Regards Mark Mark Warnett MRICS FAAV Land and Property HS2 Ltd Tel: 020 7944 5908 Mark.Warnett@hs2.org.uk Facebook Twitter LinkedIn High Speed Two (HS2) Limited, 5 th Floor, Sanctuary Buildings, Great Smith St, Westminster, London SW1P 3BT www.gov.uk/hs2 A422 (1) HOL/00705/0015
From: christine chapman [mailto:chris_2703@hotmail.co.uk] Sent: 25 April 2016 11:50 To: Mark Warnett <Mark.Warnett@hs2.org.uk> Subject: Melling Farm, Station Road, Quainton HP22 4BT Good morning Mark, You may recall I spoke with you on Saturday at Waddesdon Village Hall about the fact that my paddock land is in a compulsory purchase zone for the re-routing of Station Road in Quainton. We did discuss the possibility of my having a land agent represent me whose fees, I understand, should be payable by HS2. You kindly offered to put me in touch with the right department to ascertain my eligibility of having these fees paid on my behalf and this email is really just a quick reminder and confirmation of my contact details. I would be obliged if you could please let me know that you have received it so I know it is not sitting in a "Spam" folder on your computer. Many thanks, Christine Chapman (Mrs) 01296 655990 07727255362 Click here to report this email as spam. This email is scanned and cleared by Websense. HS2 Ltd is registered in England and Wales. Registration Number 06791686, Registered office High Speed Two (HS2) Ltd, One Canada Square, London, E14 5AB, England. The information contained in this e-mail is confidential and may also be subject to legal privilege. It is intended only for the recipient(s) named above. If you are not named above as a recipient, you must not read, copy, disclose, forward or otherwise use the information contained in this email. If you have received this e-mail in error, please notify the sender (whose contact details are within the original email) immediately by reply e-mail and delete the message and any attachments without retaining any copies. A422 (2) HOL/00705/0016