Intervention Point 6: Licensing & Criminalisation of Planning Abuse

🗺 What are we trying to do?


We want the UK to introduce formal licensing for developers — with clear standards of conduct — and to criminalise serious forms of planning abuse, such as deception during consultation, land banking to manipulate housing targets, or coordinated lobbying to undermine policy.

🎯 What will this achieve?


  • Stops dishonest or exploitative actors from operating unchecked in the planning system
  • Creates real consequences for abuse — including financial penalties and prosecution
  • Builds public trust and levels the playing field for ethical developers

🏩 NATIONAL LEVEL – What should our MP do?


✅ 1. Propose a Developer Licensing & Misconduct Bill

Push for legislation that would:

  • Require developers and major land promoters to be licensed by a national body
  • Set standards for transparency, consultation, and delivery track record
  • Create criminal penalties for deliberate deception, coordinated planning manipulation, or abuse of local process

✅ 2. Request a ministerial response on misconduct

Ask DLUHC to:

  • Investigate current loopholes allowing repeat planning abuse
  • Commit to publishing guidance and legal options for reform

✅ 3. Call for a select committee inquiry

Encourage scrutiny of cases where planning decisions were:

  • Secured through misinformation
  • Repeatedly manipulated by known actors
  • Associated with ghost consultations or tampering with evidence

🏡 LOCAL LEVEL (EHDC) – What can be done right now?


✅ 1. Create a local developer conduct register

Keep records of developer behaviour during and after planning:

  • Missed delivery timelines
  • Misleading consultation materials
  • Pattern of speculative applications not followed by delivery

✅ 2. Prioritise planning applications based on conduct history

  • Reward reliable developers in site selection, delivery phasing, or conditions enforcement
  • Flag repeated abusers in reports

✅ 3. Support community evidence gathering

Work with residents and parish councils to:

  • Document misleading leaflets, false engagement claims, or delay tactics
  • Submit this to EHDC and include it in planning decisions

🤝 What should our MP do locally?


  • Publicly support a zero-tolerance stance on planning fraud and abuse
  • Encourage EHDC to trial a local licensing or vetting scheme
  • Share local cases of abuse in Parliament to demand reform

Intervention Point 5: Redefine Housing as National Infrastructure

🗺 What are we trying to do?


We want the UK Government to legally classify housing as part of the nation’s infrastructure — just like roads, railways, and energy networks. This would force every level of government to treat housing delivery, quality, and location as critical to national wellbeing.

🎯 What will this achieve?


  • Prioritises housing in public investment and national budgeting
  • Enables joined-up planning between homes, transport, and public services
  • Protects affordable and social housing from short-term market pressures

🏩 NATIONAL LEVEL – What should our MP do?


✅ 1. Propose an Infrastructure Status Bill

Push for legislation that:

  • Adds housing to the statutory definition of infrastructure
  • Requires national and local infrastructure strategies to include housing targets

✅ 2. Submit Written Questions

Ask HM Treasury and DLUHC:

  • Why housing is not yet treated as critical infrastructure
  • What steps would be needed to change this

✅ 3. Push for funding and delivery guarantees

Back reforms that:

  • Tie infrastructure funding to housing affordability and need
  • Enforce obligations on Homes England and local authorities to prioritise resilient housing delivery

🏡 LOCAL LEVEL (EHDC) – What can be done right now?


✅ 1. Use local planning to join up infrastructure and housing

Ensure new developments are:

  • Planned alongside schools, roads, and energy networks
  • Prioritised based on need and delivery likelihood

✅ 2. Declare housing as essential infrastructure in EHDC policy

Update Local Plan vision statements and SPD (Supplementary Planning Documents) to reflect housing’s central role.

✅ 3. Track infrastructure alignment in site assessments

Score sites not just on availability, but also how well they connect to services and deliver long-term community benefit.

🤝 What should our MP do locally?


  • Support EHDC in using infrastructure scoring for housing
  • Publicly promote EHDC’s efforts to align housing with long-term infrastructure
  • Recommend EHDC as a case study in government consultations

Intervention Point 4: National Public Land & Development Register

🗺 What are we trying to do?


We want the UK to publish a full, transparent register of public land — including where it is, who owns it, and how it’s being used or disposed of. This includes land held by councils, central government, NHS trusts, and arms-length bodies.

🎯 What will this achieve?


  • Makes it harder for public land to be sold off quietly or used inefficiently
  • Allows communities to push for public interest uses like housing, parks, or schools
  • Provides a foundation for strategic land use planning and democratic oversight

🏩 NATIONAL LEVEL – What should our MP do?


✅ 1. Push for legislation or guidance

Back a new requirement that:

  • All public landholdings be registered and regularly updated
  • Sale intentions be flagged early and made contestable

✅ 2. Submit Written Questions

Ask departments like DLUHC and the Cabinet Office to disclose:

  • What data they hold on public land
  • Whether disposal plans are subject to transparency and scrutiny tests

✅ 3. Request a Select Committee Review

Ask the Public Accounts Committee or Levelling Up Committee to:

  • Investigate past public land disposals
  • Recommend controls and disclosure rules

🏡 LOCAL LEVEL (EHDC) – What can be done right now?


✅ 1. Publish a local register of public land

List all land held by EHDC, Hampshire County Council, and NHS trusts in the district, with use status.

✅ 2. Update asset strategy

Declare how each parcel of public land will be retained, reused, or offered for community-led development.

✅ 3. Consult on future land use

Where disposal is proposed, hold open consultation and allow bids from local housing associations, co-ops, or community trusts.

🤝 What should our MP do locally?


  • Ask EHDC to adopt the register and publish land maps
  • Promote best use of public land through events and newsletters
  • Raise concerns in Parliament where public land is misused or sold below value

Intervention Point 3: Resilience & Sovereignty Test in Planning

🗺 What are we trying to do?


We want planning decisions to pass a new test: does this development protect or harm the community’s long-term resilience and sovereignty? This means considering not just houses, but whether infrastructure, services, and social cohesion are keeping pace.

🎯 What will this achieve?


  • Stops approvals that undermine local capacity or control
  • Requires national and local planners to assess long-term consequences
  • Encourages joined-up planning that supports sustainable, self-reliant communities

🏩 NATIONAL LEVEL – What should our MP do?


✅ 1. Propose a national planning test

Push for an amendment to the National Planning Policy Framework (NPPF) to introduce a “Resilience & Sovereignty Test” for developments that asks:

  • Will this create excessive infrastructure or service pressure?
  • Will it support or undermine local self-sufficiency?
  • Is the community resilient enough to absorb it?

✅ 2. Lobby for joined-up assessments

Ask DLUHC and DEFRA to issue joint guidance that:

  • Combines housing, health, climate, food, and infrastructure metrics
  • Requires developers to show resilience benefits, not just housing numbers

✅ 3. Call for a Commons briefing or select committee review

  • Raise awareness of recent planning failures that eroded resilience and control in local communities
  • Demand a systematic response

🏡 LOCAL LEVEL (EHDC) – What can be done right now?


✅ 1. Apply the test in planning reports

Planning officers should comment on how each application affects community resilience, infrastructure balance, and capacity.

✅ 2. Introduce local policy wording

Use the Local Plan and Design Codes to insert principles like:

  • Social cohesion
  • Infrastructure balance
  • Environmental and food system resilience

✅ 3. Refuse or amend risky applications

Where a development would breach the resilience of local schools, GP surgeries, water systems, or community fabric, refuse or negotiate terms.

🤝 What should our MP do locally?


  • Back EHDC in applying a resilience test
  • Promote EHDC’s approach as a pilot for national reform
  • Include local data in national debates on resilience and planning

Intervention Point 2: Strategic Land Use Security Bill

🗺 What are we trying to do?


We want Parliament to pass a new law — the Strategic Land Use Security Bill — to protect the UK’s long-term control over critical land assets. This means making sure land needed for homes, food, infrastructure, and environmental protection can’t be locked away by speculators or foreign entities.

🎯 What will this achieve?


  • Blocks harmful land banking and foreign monopolies
  • Protects land needed for community needs and future generations
  • Establishes a new legal framework to intervene in misuse or withholding of land

🏩 NATIONAL LEVEL – What should our MP do?


✅ 1. Support or sponsor a draft bill

Push for the introduction of the Strategic Land Use Security Bill. This should include powers to:

  • Audit land ownership and identify strategic sites
  • Apply use-it-or-lose-it rules to land hoarding
  • Limit speculative or hostile foreign control of land

✅ 2. Raise the issue in Parliament

Call for a statement from the Department for Levelling Up, Housing and Communities about:

  • How the Government will secure strategic land assets
  • Whether new powers will be introduced to prevent misuse of key land

✅ 3. Demand data transparency

Request the publication of data on:

  • Who owns strategic land near infrastructure or settlements
  • How much land is stalled or banked for speculative value

🏡 LOCAL LEVEL (EHDC) – What can be done right now?


✅ 1. Map strategic land locally

Identify sites vital to housing, climate adaptation, energy, or food security and flag them in planning documents.

✅ 2. Use planning tools to challenge hoarding

  • Refuse or delay permissions where applicants are known to stall delivery.
  • Use Local Plan policies and phasing to prioritise trustworthy, active developers.

✅ 3. Declare strategic protection zones

Use Planning Position Statements (PPS) or guidance notes to:

  • Declare land near key infrastructure or settlements as “strategic”
  • Signal that the council will resist land speculation in these zones

🤝 What should our MP do locally?


  • Ask EHDC to publish a public register of stalled land
  • Convene a public meeting on land control and community needs
  • Include EHDC’s local strategy in briefings with ministers and select committees

Intervention Point 1: Add Housing to National Risk Register

🧭 What are we trying to do?


We want the UK Government to treat housing instability as a national security risk — just like cyberattacks or energy shortages. Right now, speculative development, land hoarding, and foreign ownership are creating vulnerabilities in our housing system. These must be formally recognised.

🎯 What will this achieve?


  • Forces government departments to treat housing as a resilience issue, not just a market problem.
  • Unlocks national-level oversight, emergency powers, and policy coordination.
  • Opens the door to protective measures like ownership audits, delivery controls, and investment restrictions.

🏛 NATIONAL LEVEL – What should our MP do?


1. Submit Written Parliamentary Questions

Ask the Cabinet Office if it will include “housing fragility” in the next update of the National Risk Register (NRR) — under:

  • Economic Resilience
  • Infrastructure Dependency
  • Foreign Asset Exposure

2. Request a Ministerial Meeting

Arrange a meeting with:

  • The Minister for the Cabinet Office
  • The Deputy Prime Minister
    To discuss how speculative land control and housing underdelivery are harming UK resilience.

3. Push for a Parliamentary Debate

Call for a debate — ideally a Westminster Hall debate — to demand:

  • Public recognition of housing fragility as a strategic risk
  • Cross-party review of the National Security and Investment Act to cover land

4. Engage Oversight Committees

Approach the Joint Committee on the National Security Strategy to:

  • Submit housing evidence
  • Ask them to formally assess the link between speculative land control and national security threats

5. Build a Public Argument

Use your position to:

  • Sponsor or support media articles or briefings
  • Frame housing policy as a matter of resilience and national sovereignty

🏘 LOCAL LEVEL (EHDC) – What can be done right now?


1. Flag housing fragility in official reports

EHDC can highlight speculative behaviour and stalled delivery in:

  • Authority Monitoring Reports (AMRs)
  • Local Plan evidence base

2. Issue Planning Position Statements (PPS)

Declare through a PPS that:

  • The council sees speculative landholding as a threat to planned delivery
  • Future allocations will be filtered based on risk

3. Use delivery data to justify policy changes

Where developer behaviour is slowing down delivery:

  • Include these risks in site scoring, phasing, and allocation
  • Adjust policy weighting and de-prioritise risky actors

4. Back legal reforms in local consultation responses

EHDC can write in support of:

  • Adding housing fragility to the NRR
  • Reforming the National Planning Policy Framework (NPPF) to require delivery risk analysis

🤝 What should our MP do locally?


  • Write formally to EHDC asking them to update their AMRs and Local Plan with housing risk language
  • Publicly back the council if it takes protective measures (e.g., against land banking)
  • Include EHDC’s actions in ministerial briefings and use them as an example of proactive local leadership

Lobbying for Legislative Reform

What it is:
Political advocacy to national government seeking powers EHDC doesn’t currently have — such as:

  • Fines for land banking,
  • “Use-it-or-lose-it” mechanisms,
  • Taxation powers for undeveloped land with permission.

How EHDC should use it:

  • Pass motions at council level,
  • Write to MPs and MHCLG,
  • Join forces with other LPAs facing similar speculative pressure.

Impact:
Shapes national policy and prepares ground for future legal powers to control behaviour.

🏡 What Is “Lobbying for Reform”?


There are some things EHDC just doesn’t have the power to do — like:

  • Fining a developer who’s land banking,
  • Forcing them to build once permission is granted,
  • Taxing them for sitting on housing land.

These powers would need to come from national government. But EHDC doesn’t have to sit back — it can lobby for change.

🧭 What Could EHDC Do?


  • Pass a formal motion in council calling for:
    • “Use-it-or-lose-it” planning permissions,
    • Annual levies on land-banked sites,
    • A national delivery test linked to planning eligibility.
  • Ask local MPs to raise the issue in Parliament.
  • Join with other councils through the LGA or TCPA to create pressure.

🎯 Why Does It Matter?


If rules stay developer-friendly while councils take the blame, the system will keep:

  • Rewarding delay,
  • Penalising communities,
  • Driving up housing targets because delivery stays low.

Final Thought


This is about standing up and saying:

“We’re trying to manage development properly — but we need the tools to do it.”

Lobbying is how EHDC helps fix the broken parts of the system.

Available EHDC Powers: Authority Monitoring Reports (AMRs)

What it is:
Annual reports that track housing delivery, 5YHLS position, and Local Plan performance.

How EHDC should use it:
Specifically name and track developers/landowners who fail to progress permitted or allocated land.
Highlight speculative applications that bypass allocated land in the same ownership.

Impact:
Builds public and policy case for deallocation, refusal, or reform. Increases pressure for delivery.

🏡 What Is an “Authority Monitoring Report”?



Every year, councils have to publish a report showing:

  • How many homes were actually built,
  • Whether the Local Plan is being followed,
  • Which developers are keeping up — and who isn’t.

This is called an Authority Monitoring Report (AMR). It’s the Council’s report card — but it can also be a spotlight on developers.

🧭 What Should EHDC Do With This Tool?


  • Name the landowners or developers who’ve had permission for years but haven’t built,
  • Show where allocated land is sitting idle,
  • Use that evidence to say: “You’ve had your chance. You’re not delivering. You don’t get more land until you do.”

🎯 Why Does It Matter?


Without public tracking, there’s:

  • No accountability,
  • No way to explain rising targets,
  • And developers can blame the Council, when they’re the ones not delivering.

Final Thought


This isn’t about shaming for the sake of it — it’s about being honest:

“You asked for this land. You got it. The community accepted it. Now build.”

AMRs give EHDC the facts to push back — in planning meetings, in appeals, and in public.

Planning Transparency and Fitness to Serve: EHDC’s Position on PPS Clarifying Tilted Balance

Dear Mr Harvey,

Thank you again for your response of 30 April 2025 regarding my request for a Planning Position Statement (PPS) to clarify how EHDC applies Paragraph 11(d) of the NPPF in the context of speculative development and cumulative harm.

To avoid any ambiguity in our ongoing discussion, I would be grateful if you could confirm the following:

1. EHDC’s Legal and Procedural Position on the Proposed PPS

I have prepared and shared a full draft PPS titled “Evaluating Adverse Impacts Under NPPF Paragraph 11(d)(ii)” for illustrative purposes. This document does not create new policy; rather, it provides a structured and lawful interpretation of how adverse impacts may be weighed when the tilted balance is engaged.

Please confirm:

  • Whether EHDC’s position remains that the specific content of this PPS — in its current form — cannot be introduced into EHDC’s decision-making process via a non-statutory mechanism (e.g. as a Planning Position Statement, officer guidance note, or similar); and
  • If that is the case, I formally request that this position be reviewed by EHDC’s internal legal advisers and that their written opinion be provided, confirming whether the proposed PPS content — as drafted — is lawfully prohibited from being adopted as a non-statutory interpretive mechanism.

2. Lawful Purpose and Interpretation Role of the Proposed PPS

Assuming there may have been an initial misunderstanding — and that there is no legal or procedural barrier to issuing the proposed PPS — I would like to reiterate why it is both appropriate and necessary.

The core judgment in Paragraph 11(d)(ii) of the NPPF is whether “any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.” This is a legally operative test that applies when policies are considered out-of-date due to housing land supply shortfall.

However, the term “adverse impacts” is not defined anywhere in the NPPF or Planning Practice Guidance. Nor is there any fixed method for evaluating them. Paragraph 11(d)(ii) also requires that decisions be made “against the policies in this Framework as a whole,” but does not explain what counts as an ‘adverse impact’ or how such impacts should be assessed consistently across the full aims of national policy.

This lack of definition creates a risk of inconsistency, opaque reasoning, and decision-making that is vulnerable to pressure — particularly when speculative applications are being assessed under the tilted balance.

The PPS I have proposed would not impose new criteria, but would transparently outline how EHDC interprets “adverse impacts” in line with national policy objectives. It ensures that decisions made under Paragraph 11(d)(ii) reflect:

  • Plan-led delivery expectations;
  • Infrastructure capacity considerations;
  • The cumulative effects of speculative proposals;
  • And the broader purpose of the Framework — to deliver sustainable development, not opportunistic growth.

Such clarification strengthens the lawful use of planning judgment, aligns with the Framework as a whole, and builds public trust in the tilted balance process.

3. Full Text of the Proposed PPS (for reference)

Planning Position Statement: Evaluating Adverse Impacts Under NPPF Paragraph 11(d)(ii)

Purpose: This Planning Position Statement (PPS) provides guidance on how East Hampshire District Council (EHDC) will interpret and assess “adverse impacts” under Paragraph 11(d)(ii) of the National Planning Policy Framework (NPPF) during the determination of planning applications, particularly where the presumption in favour of sustainable development (“tilted balance”) applies.

Context: Due to an identified shortfall in the district’s five-year housing land supply, Paragraph 11(d) of the NPPF is engaged. This introduces a presumption in favour of granting planning permission unless “any adverse impacts of doing so would significantly and demonstrably outweigh the benefits”. The term “adverse impacts” is undefined in the NPPF and requires application of planning judgment.

Interpretive Guidance: This PPS applies primarily to major residential developments, which—due to their scale and cumulative implications—tend to generate significant impacts on infrastructure capacity, spatial coherence, and plan-led delivery integrity. EHDC will consider the following to constitute material adverse impacts under Paragraph 11(d)(ii), especially where cumulative or systemic risks are present: EHDC will consider the following to constitute material adverse impacts under Paragraph 11(d)(ii), especially where cumulative or systemic risks are present:

  1. Plan-Led Delivery Undermined:
  • Where the applicant, or any associated entity (including controlling companies, joint ventures, nominee partnerships, or persons with material interests), controls land that is allocated for development in the current or previous Local Plan, and that land remains undeveloped without valid justification (e.g. unresolved access, contamination, legal constraint).

  • Where such an applicant seeks permission for a windfall or unallocated site under the tilted balance while delaying delivery on allocated sites.
  • In these circumstances, the adverse impact includes strategic distortion of plan-led delivery, loss of infrastructure sequencing, and erosion of public trust. These behaviours — including holding undeveloped allocated land without valid constraints while promoting windfall sites, and fragmenting delivery responsibilities across nominee or associated entities — act directly against the core objective of the NPPF, which is to maintain sustainable, plan-led delivery of housing and infrastructure. When considered “against the policies in this Framework as a whole,” as required by Paragraph 11(d)(ii), such conduct represents a material planning harm. It undermines spatial strategy, delays infrastructure coordination, and erodes public confidence in the legitimacy of both Local Plans and national policy. As such, this harm may be deemed significant and demonstrable, even where short-term housing numbers are technically met — particularly where the developer controls deliverable allocated land but chooses to prioritise speculative or unplanned alternatives.

2. Saturation and Infrastructure Stress:

  • Applications in locations already subject to recent approvals or pending proposals that collectively exceed local service or environmental capacity.
  • Proposals that fail to align with known mitigation or delivery schedules (e.g. GP capacity, school expansions, transport upgrades).

3. Cumulative Environmental Harm Avoided via Fragmentation:

  • Where cumulative thresholds for Environmental Impact Assessment (EIA) or Habitats Regulations Assessment (HRA) have likely been reached but avoided through application fragmentation.
  • Where no cumulative assessment evidence has been produced despite previous development activity in the same location or held by the same promoter.

4. Delayed or Uncertain Delivery:

  • Proposals with no firm commitment to delivery within five years.
  • Applications with outline-only submission, minimal phasing detail, or historic underdelivery by the same applicant in the district.

Clarifications:

  • This PPS is non-statutory and does not create new policy. It serves to transparently explain how EHDC intends to exercise lawful planning judgment under existing national policy.
  • This PPS does not prohibit speculative applications but affirms that certain speculative behaviours may give rise to planning harm sufficient to outweigh the presumption in favour of development.
  • Applications identified as presenting the above harms may still be approved where evidence is provided to demonstrably mitigate or override these impacts.

Application: This PPS may be used by planning officers, members of the Planning Committee, and statutory consultees when assessing the overall planning balance under Paragraph 11(d)(ii). It may also guide applicants and residents in understanding EHDC’s reasoning during periods where the tilted balance applies.

Review: This PPS will remain in effect until replaced or superseded by a development plan document, updated guidance, or formal planning policy. It may be reviewed in light of future legal precedent or national policy changes.

End of PPS.

4. Accountability and Governance

I have directed this request to the following elected councillors of East Hampshire District Council:

  • Cllr Anthony Williams – Chairman, Planning Committee
  • Cllr Charles Louisson – Vice-Chairman, Planning Committee

If EHDC declines to adopt the proposed PPS — designed to protect communities from the adverse impacts of speculative development — and fails to provide a clear, evidence-based legal or procedural rationale for its position, I will interpret this as a conscious choice by these named councillors to abstain from deploying available, lawful tools to safeguard the public interest.

Such a decision would indicate a preference for maintaining procedural ambiguity that disproportionately benefits speculative applicants, while deflecting responsibility toward national policy.

More seriously, it raises legitimate concerns about the fitness of those in decision-making roles to fulfil the core duties of local public service — namely, to protect the long-term interests of their communities, uphold the integrity of local planning processes, and ensure that decisions are made transparently, lawfully, and with consistent regard to the principles of sustainable development.

Where lawful interpretive mechanisms exist and can be deployed without policy conflict, declining to use them — without justification — undermines both public trust and democratic accountability.

MEETING TRANSCRIPT

Item 7: 55318/001/OUT –
Land west of Beechlands Road, South Medstead – Outline Planning Application for up to 62 dwellings (access only to be agreed)

In attendance at meeting on: Thursday, 20 March 2025

Councillors:


  • Cllr Anthony Williams – Chairman of the Planning Committee
  • Cllr Glass
  • Cllr Sillimore
  • Cllr Smart
  • Cllr Woodard
  • Cllr Ashcroft
  • Cllr Lewis
  • Cllr Hogan
  • Cllr Roland Richardson – Ward Councillor for Four Marks & Medstead (spoke as a public speaker; returned to committee post-vote)
  • (Apologies received from: Cllr Shaw, Cllr Stephens, Cllr Mitchell)

Officers & Council Staff:


  • Mrs. Owen – Case Officer
  • Mr. Upton – Senior Planning Officer
  • Ms. Freborne – Committee support (managed apologies and voting process)

Speakers:


  • Mr. Frank Maloney – Spoke on behalf of the Medstead and Four Marks Neighbourhood Plan Steering Group
  • Cllr Phil Quinion – Chair of Planning, Medstead Parish Council
  • Cllr Paul McAllister – Representing Four Marks Parish Council
  • Cllr Roland Richardson – Ward Councillor, Four Marks & Medstead
  • Mr. Nick Billington – Agent for the Applicant (Bargate Homes)
SpeakerTranscriptionPara
OfficerThank you. Yeah, just to note on the supplementary matters, there is a correction in that the report says that Four Marks Parish Council did not respond. They did, and their comments are in full on the front page. As already discussed, there is some changes to the conditions. We’ve removed condition 15 following further conversations with the environmental health officer, because this development does not meet the required thresholds to require an air quality condition. And we have with the environmental health officer just tweaked condition 22 and 23’s wording. Other than that, it all remains the same. So if we go through the slides, the first slide is the location plan. So just to orient you, this is Beechlands Road here, and this is Stoney Lane, a footpath here.7
OfficerAnd this is Boyneswood Lane here, which is also another footpath. We couldn’t see the point. Sorry, so this is, yeah, that’s Beechlands Road there, that’s 5 Ash Road there, a footpath that goes through. And this is another footpath known as Boyneswood Lane here. So this plan here shows the boundaries for South Medstead. And as you can see, the site sits in here outside of the settlement boundary. So this application is in outline. So the only thing we’re agreeing under this application is access, but a number of parameter plans have been submitted to give us an idea of how development will work on this site. So the area in sort of is the developable area. And it’s all developable area, both orange and green, but the green obviously shows a potential road network. This plan here shows story heights. So again, the yellow is showing that the majority of dwellings will be at a two-story height, but there is proposed an area of single-story dwellings along the frontage of Beechlands Road.8
OfficerSo access is proposed to be agreed at outline. So this is the existing access on Beechlands Road. And effectively, the proposed access will be opposite that, going into the site. And I’ll explain it a bit further when I get onto the photos. But as you can see, there will be some loss of the front boundary hedge to accommodate visibility displays in both directions. And this is an indicative layout showing that 62 houses can be on site. This isn’t necessarily the finished layout, because it’s indicative, but it’s just to give you an idea that it is possible, and you can get an idea of the gaps between dwellings. As you can see, there is an area of open space as well. When we were out on our community site visit, there was a question about drainage and how drainage was going to work on site.9
OfficerSo this plan here shows the drainage, and I’ll just talk you briefly through it. Effectively, it’s going to rely on infiltration, and that will be achieved by trenches along what will be eventually the roads. And they will infiltrate into the chalk substrate, which is on the site. So there will be trench soakaways all along here. And there will also be baffles that go along to basically hold water, so that water doesn’t, under gravity, end at the lowest part of the site, so allow water to be held and to infiltrate through. So effectively, it will just be a process of infiltration for the drainage.10
OfficerThis plan here just shows the definitive footpath map, and in the report, we talk about taking contributions, and we’re taking contributions boat nine here for the first 300 metres to do resurfacing work. And this here as well, the 277 metres of Boyneswood lane there will also have a contribution towards it, or will be replenished. It could be either way, to be fair. So if we go on to the photos, so this is Beechlands Road, looking north. So this is the site here behind the hedge, effectively, and of course, you can see the existing bungalows on Beechlands Road there. And going further down, this is roughly where the access will be, where the existing gate is.11
OfficerThe next photos are taken from within the site. So this one here is effectively this arrow here. We’re looking towards the house that effectively sits on the site, known as Penny Lee. So this will look out across the site, and obviously, dwellings will be all within this area. Behind that is Boyneswood Lane footpath. Standing in roughly the same position, but now looking in the opposite direction.12
OfficerSo effectively, this arrow here, this is the boundary of the site here. There is another field in here, which is not part of the application site. That property you can see there is known as Cork House, and it sits on Stoney Lane. So it is outside of the site, but the site sits on two sides of it. And then just turning around to look back at the access. So like I said, you can just see there the existing access going up into Beechlands Road, and the new access will be opposite that. You can just see that obviously we’re on slightly rising land. So this is now coming onto the site. Looking back, that tree will not survive the development. It is to be removed. And again, this is Boyneswood Lane here. The house that we saw earlier is just off the photo here.13
OfficerAnd these hedges are to be retained as part of the development. And this is more or less the same position, looking in the opposite direction. So you can see this land starts to drop away.14
OfficerThose properties there are in 5 Ash Road. That property there is in Stoney Lane. And this is looking across the site to Cork House. So you can see the extent of their garden jutting into the site there. And the cursor is going down Stoney Lane. And again, if you can take note of the levels on the land there dropping down. We’re at the lowest part of the site now. And as you can see, we’re looking back up the hill towards Cork House, which has quite an expansive window looking down the site. And again, this hedge is to be retained.15
OfficerSo these two photos, one’s taking a winter, one’s taken in summer. So this was June last year. So this is the same area. It’s just to give you an idea of those trees and the maturity of them. So effectively, this will be part of the site, but there is no proposal to have any buildings in here. There will be a pumping station in this corner. But as you can see there, your point of reference there effectively. And again, that row of trees looks like that again in the summer really. So again, it’s not quite from exactly the same position, but you get the idea.16
OfficerAnd then the last photo shows Stoney Lane. And so this is the site in here. And this is Stoney Lane passing through here, basically. I’ve got nothing further to add. Thank you. Members, we have unusually five speakers on this application.17
ChairAn objector, two parish councils because it’s near in one and near to the other. So we have both Medstead and Four Marks Parish Council. We have the ward member speaking and then we have an agent or applicant’s agent. So the first speaker is Mr. Frank Maloney. Mr. Maloney, if you’ll take the deputation table and you have three minutes. After two and a half minutes, I’ll say 30 seconds and then time.18
Objector 1Good evening. My name is Frank Maloney. I speak on behalf of Medstead and Four Marks Neighbourhood Plan. This application is in the wrong place for our village. Contrary to the Neighbourhood Plan Policy 1, it creates an isolated island for wheelchair users, contrary to the Disability Discrimination Act and MPPF 115B requiring access for all. On these grounds, it objects. Legislation says that planning system is plan led. Our Neighbourhood Plan is a statutory part of the planning system with policies previously preventing speculative development. Your planning policy team is assisting us with our current review, which will shortly result in a master plan for sustainable allocated housing and involvement of our villages. However, we already have permissions for 256 houses, with a further 272 in the system and 79 expected to go to appeal. With no five-year land supply, we could expect to have 607 at year end and no master plans. Using the council figures, this will leave the plan to allocate only 561 dwellings until 2043. This is not a definition of a plan-led system, and I ask you to vote to defer this evening’s decision until you have an indicative master plan, particularly as with the new housing requirements, a five-year land supply will never be achieved before you become a unitary authority. The Neighbourhood Plan does not need a five-year land supply. It stands alone. Please let the steering group meet the housing need and let our villages decide where the future housing should be, not the developers. Infrastructure must be in place before occupation. Sill payments are too late.19
Objector 1 (cont.)None of the applications in the system offer significant infrastructure improvements for our residents. The steering group asked the developer what improvements is being offered to residents, land, facilities, so far nothing, but it is taking its profit. In the drawing identified by the officer, the site offers footways abutting the development, which you would expect, a seven-by-two-metre footway link to Boyneswood Road, footway repairs and pooling along Boyneswood Road. The cycling improvement on Boat 9 is in Chorton Parish, but cyclists can only get as far as Bicklen Lane before they need to divert onto the A31, as the remainder of the route is a footpath. With regard to the A31 improvements, the 11th of March Highways Parish Council liaison meeting reported the northside proposals not being progressed. The highways also suggested changing walking behaviour. You will recollect Councillor Lewis’s comment at your November meeting. Rural dwellers, you have to use cars. The yellow box junction at the bridge on Edmonton Bottom Road, prior to the meeting, only works if extended to the bridge in practical. We need 110 houses for those with local connections. Permission for 62 is already granted, with 72 in the pipeline. This is overcapacity and will bring people with no connection to the area, decreasing the sustainability of the site, as it is probable they would commute to their existing jobs. Please will you defer your decision? I also note in the highways… Thank you.20
ChairThank you. I now have Councillor Phil Quinion from Medstead Parish Council. And again, three minutes and a 30-second notice. Timing starts when you start.21
Objector 2Good evening, councillors. I wish I brought my gin and tonic, but I haven’t. My name is Phil Quinion, and I’m chair of planning on Medstead Parish Council. To begin, this speculative development is in Medstead, but although on the 21st of June 2024, our neighbourhood four marks parish council submitted opposing comments and concerns, with subsequently many more being added, including our own. Medstead Parish Council recognises and appreciates the council’s constraints in what are difficult decisions to be made over this particular and future applications, and further accepts the challenges over the numbers of new houses now required to be built nationally. However, we, together with highways, transport planning and others, have submitted legitimate and lengthy concerns over this application, including the ownership, I believe, of Boynsford Lake. However, it would seem that these serious concerns raised, as listed in the officer’s report, under consultations and objections, have not yet been addressed.22
Objector 2 (cont.)And the noted lack of adherence to MPF accessibility and HEC Transport Plan 4 is a major issue which will affect the safety of all our current and future residents. In 2017, there were about 250 dwellings in this part of Medstead. Since then, there have been 487 dwellings, either already built or with planning permission. This is an increase in housing of nearly 140% in just eight years. The majority of these dwellings have been built in urban-style estates on green fields, with minimal improvement in infrastructure, facilities and employment. A further 82 houses or 62 houses would increase this overdevelopment to 150% of the original. Furthermore, the affordable housing need has well been met from the 60 affordable houses already approved. As a result, this huge house building, which has already impacted the rural culture of the village, has also brought about many, many additional vehicles of all sizes now crammed onto tiny village roads. And thus, any further speculation of the house building will ultimately lead to the total devastation of this East Hampshire location.23
Objector 2 (cont.)However, upon Council’s careful consideration, it could quite rightly refuse this application on legitimate grounds. But either way, if not that, then granting permission will further overburden and impact the rural and dark skies characteristics of Medstead. There is now a real risk that an urban environment will evolve. This, however, is a difficult decision for yourselves, with far-reaching irreparable circumstances. But in closing, we would strongly advocate meeting with officers to seek and progress resolutions to our rightful concerns and objections. Otherwise, Medstead could soon become an isolated, non-script dormitory compound with unsustainable…24
ChairCan you finish now, please? Thank you very much for the presentation.25
ChairThe next speaker is the Ward Councillor. Sorry, I beg your pardon. The next speaker is the Former Parish Councillor, Councillor Paul McAllister.26
Objector 3I am Paul McAllister and represent Former Parish Council. Since the tilted balance is engaged, this development should be permitted unless demonstrable harm can be shown. This development proposes a significant number of market price four-bed houses which have no local need. The affordable housing, although welcome, will be in excess of the local need. New developments should minimise car journeys. Reference 20 Minute Neighbourhood, TCPA document, March 2021. The TCPA identifies bus stops should be less than 400 metres and other services less than 800 metres. This is an upper limit to achieve car journey reduction. This development does not meet the 20 Minute Neighbourhood requirements and only has a permissive path to the Four Marks shops from Stoney Lane, making disabled access to the Four Marks shops only available via a much longer route of Boyneswood Road, not Boyneswood Lane, Boyneswood Road.27
Objector 3 (cont.)Moving to benefits, house construction labour, but this would be external to the village and materials will be purchased outside the area, so no local benefit. Still payments and affordable housing. On the harm side, the junctions of Boyneswood Road and Limington Bottom are already over capacity, made worse with recent permissions. Increased pressure on local services, doctors, dentists, etc. Affordable housing in this area will be in excess of local need, adding to commuter car journeys. It will be 100% car driven. The development is not an allocated site and it’s not ever likely to be one due to its poor accessibility. Biodiversity net gain is proposed to be met from offside credits. This is totally unacceptable.28
Objector 3 (cont.)Still payments will arrive too late to mitigate harm and there are no 106 proposals included. They address the major areas of harm. In conclusion, this development is not sustainable and harm significantly outweighs the benefit. If the committee is minded to grant permission, then I would ask that they only do so with additional S106 contributions aimed at providing infrastructure improvements that will make a real difference to the harm generated by the site and not just tinkering with paths and unrelated cycleways. Thank you.29
ChairNow we do have the ward councillor, Councillor Roland Richardson.30
Ward CouncillorThank you, Chairman. I’m Roland Richardson. I’m ward councillor for Foremont and Medstead and the first thing I have to say is that I have no new information that can add to the sum knowledge of those councillors present. What I can do is really go through some of the points that have already been made by both parish councils and the neighbourhood planning authority. And it really does come down to planning. I mean, there’s that thing of fail to plan, plan to fail.31
Ward Councillor (cont.)We seem to think that allowing speculative building will get us to a point where we end up with a plan which has all the houses in the right place by some sort of serendipity. This is unlikely to happen. It’s also unlikely to happen that allows for future transport capabilities. Who knows how we’re going to be transporting ourselves in 10 years time. But if we built all the houses and we’ve blocked all the access, then we won’t be able to accommodate those new modes of transport. We also rely a lot on the the consultees, both for flooding and for traffic. And both of these have been approved this application. But what if they’re wrong? Who pays the penalty if they’re wrong? The answer is it’s the residents, not those consultees. So I do worry about our current planning procedure and the lack of the plan that we have.32
Ward Councillor (cont.)On the other hand, we all know the issues. You know, there are 150,000 children in temporary accommodation. We do need the housing. And this particular application has many benefits to it and is a well laid out application. But without the lack of a plan or with the lack of a plan, I really can’t see how it’s going to be a benefit to the area as a whole. Medstead Parish Council and Former Parish Council have well articulated objections.33
Ward Councillor (cont.)And I think we should be listening to them, particularly the need to work with them on the emerging national neighbourhood plan. I recognise that many of these issues are beyond the scope of this meeting, but I thank you for your forbearance and for listening to me. Thank you.34
ChairYou’ll be able to rejoin the committee after we have voted on this item, but you must remain in the public gallery for the time being, please. Lastly, I have the agent, Nick Billington. Mr. Billington, if you take the stand, please.35
AgentThank you, Chair. Throughout consideration of this outline application, Bargate Homes have worked hard with your officers to agree a framework for the future residential development of the site for 62 new homes. This has included making amendments to the parameter plans to introduce additional public open space adjacent to Stoney Lane, Rydal Way, and decrease the number of units proposed from 70 to 62 to allow for a less dense form of development.36
Agent (cont.)Importantly, the site is well located relative to the good level of facilities within Fourmarks, within 15 minutes walk of the village centre. To help further facilitate walking and cycling, Bargate are also committed to providing improvements for Boyneswood Lane, Rydal Way, and Boyneswood Road, Footway, as well as combined contributions of over 300,000 pounds towards wider pedestrian infrastructure improvements in the area to make journeys by foot and cycle safer and easier. This will all be supported by a travel plan that will encourage walking and cycling.37
Agent (cont.)With these measures supported by detailed traffic modelling, we are pleased that Hampshire Highways have raised no objections to the proposals. In terms of ecology, the proposals have been premised on attaining the majority of important boundary planting around the site, with loss only occurring where required access is. Overall, the outline calculations show a net gain in hedgerow units exceeding 10%, and important hedgerows are provided an appropriate buffer for at least five metres.38
Agent (cont.)The council ecology officer is also in agreement with the completed species surveys for the site and the associated proposed mitigation. Where it’s not possible to achieve a net gain in biodiversity on site, Bargate are required and committed to achieve a 10% net gain overall using a combination of on-site habitat retention and off-site habitat enhancement. Off-site enhancement is an entirely legitimate way of providing biodiversity net gain, and means the new enhanced habitat can be effectively managed and maintained into perpetuity by a provider registered with Natural England.39
Agent (cont.)Bargate are pleased to be able to provide 62 new homes, including 40% as affordable homes, to help meet the desperate need for housing in the district. I’m sure you will all know someone who is struggling to buy or rent their own home. House prices remain out of reach of most, with the average resident of the district needing to earn over 11 times their earnings to own a home. The latest figures for the numbers of residents on the district’s housing waiting list is over 1,700, the highest of that figure since 2014. The average wait time for an affordable home based on the Hampshire Home Choice portal is 67 weeks in Medstead and Fort Marks. Supporting this proposal enables the delivery of acutely needed new homes, including affordable homes, in a highly sustainable location to help meet the district’s pressing housing need.40
Agent (cont.)Proposals are high quality and sustainably located and your officers have confirmed they support the proposals before you. We respectfully ask that you support your officer’s recommendation to approve the application. Thank you.41
ChairThank you Mr Billington, that is the first application. My turn to the case officer, Mrs Owen, you have a lot of points there, do you have any comments to make on the deputations received?42
OfficerYeah, thank you. Yeah, obviously heard the comments of the two parish councils, the ward councillor and they are noted and accepted and as the ward councillor points out, some of this is beyond the remit of this committee to deal with. But I think what I would remind you is that we have an application in front of us, where we have resolved the issues and we need to deal with the application that is in front of us. It is not entirely clear why there is a request for deferment, because the issues, as I said, we have dealt with, we have no objections from consultees. So it’s not that we don’t understand what they’re saying, it’s just that at this point in time, I think we are where we are and we need to make a decision on this application. And that’s probably about all I can say on that really.43
ChairMembers, who would like to add a comment or ask a question on this application? Councillor Sillimore and then followed by Councillor Glass.44
Cllr SillimoreThank you, Chairman. Interested to see there’s a return to ditching in this application. Can you tell me who will be maintaining the ditching? Because ditches are notoriously ill-maintained, existing and I’m sure to come.45
OfficerWhen you say ditching, do you mean with regards to landscaping or drainage?46
Cllr SillimoreDrainage.47
OfficerIt’s covered off in the 106, it will be a management company.48
Cllr SillimoreIf you just clarified in your presentation, you said trenches and then ditches. Now a ditch to me is an open vessel. A trench is presumably covered up after you put a land drain in. Will they be open ditches or are they just drainage ditches which will then have an earth covering?49
OfficerNo, so the blue shows trenching. Trenching will be underground, approximately five metres beneath the ground level. And then there will be areas of sub-base, which is quite hard to see on here, but it’s these sort of areas around it here. So these will be underground. Well, the trenching will be underground, sorry.50
Cllr SillimoreSo it won’t get clogged up?51
OfficerThere is a condition to control that.52
Cllr GlassYes, thank you, Chairman. Mrs. Owen, I note obviously that this application is up to 62 properties, but from what the agent has been saying, it’s clear that they have reduced the number and therefore they’re looking to build 62 properties. However, I do note that our ecologist is saying that regarding hedgerows, it is considered that there will be insufficient room to adequately manage the retained newly planted hedgerows in a space less than five metres. Concerned whether future layout will be able to protect and enhance the hedgerows.53
Cllr Glass (cont.)And then in addition, our biocultural officer has said that the indicative plans do not demonstrate space for unobstructed growth and introduction of good sized trees. I know, I appreciate that tonight we’re only here for the outline, and therefore usually we only consider matters of access actually for that. But could you comment on whether or not you believe that the proposed 62 houses is perhaps still squeezing too many onto these two fields, bearing in mind what I think are very valid comments about the lack of space for the good sized trees and the lack of space to maintain hedges, etc. Because the last thing we want is to have a constricted site if we give permission for this. We want to be able to enhance the ecology that we’ve got already and not destroy it. Thank you.54
OfficerObviously, this is picked up in the report. And yes, there is a little bit of a difference of opinion between the developers’ ecologists and our ecologists about the hedgerows. We have done quite a bit of work on this. And obviously, the layout is not set at the moment. So we do have some control over that. We have obviously concluded that we are satisfied that those hedges can be maintained, as can the trees that are off site that overhang the site, they will all be able to be retained and maintained.55
Officer (cont.)And we can still are confident that we can get an acceptable layout on that site.56
Cllr GlassIf I could just come back and say that with the agent in the room, I would personally like to see if this gets permission, fewer houses on these two fields, because I think that that would enhance the whole area rather than a rather cramped appearance. Thank you.57
Cllr SmartTwo matters for information for me, I think one is it appears one of the parish councillors made a very clear wish to delay this until they have their neighbourhood plan in place, which to me seems quite reasonable. But I assume it’s in the world we’re living in with a presumption in favour of sustainable development and a lack of land available for development. There’s not a mechanism by which we can do that. Am I correct in thinking that?58
OfficerYeah, you have to deal with what is in front of you here now. Yes, we know that there’s a neighbourhood plan process ongoing, but it’s not necessarily close to a resolution. And so at the present time, we have an application in front of us for 62 houses that does need a decision.59
Cllr SmartThank you.60
Cllr SmartAnd the second question is, I appreciate a lot of this is under reserved matters. And as Councillor Glass said, really only looking at access, because in the presumption in favour of sustainable development, it’d be quite nice to have a really clear idea of how this meets the sustainable development requirements. And until we get to see the reserved matters, like the housing they’re putting in, the rep, the agent for the developers said quite clearly that he wants to increase the housing, lots of housing, then housing needs to be sanctioned, which is one to two bedroom houses, it’s not four bedroom executive homes. And our local plan makes that quite clear, we want one to two bedroom houses, and we need affordable housing and social housing.61
Cllr Smart (cont.)Now, presumably, we can’t discuss that now, because this is not here, but we will get the chance to discuss this, I assume, as we consider the reserved matters later on.62
OfficerThe housing type and mix and tenure of affordable housing would be discussed at reserved matters. So at the moment, there’s no indication of what size these dwellings will be, we would assume there would be a mix of dwelling types that will come to the committee again.63
Cllr SmartYeah.64
ChairCouncillor Woodard.65
Cllr WoodardThank you, Jim. And yeah, I was on the site visit, and actually, it was quite useful, because I think that I could visualise the photographs, which normally I can’t, because it’s a very odd site. And what I can’t work out is the, you had a one of the slides, which had the, the boat improvement and another lane improvement, because to me, whether this site is sustainable, really is key is can people walk and access the centre, and looking at the lanes and know what they are now, I can’t see how that’s possible.66
Cllr Woodard (cont.)So to me, a key item is how could those those two, the boat and the the other footpath be improved to make it accessible, because if people can’t walk with pushchairs, people can’t walk with sticks or whatever, if it’s only the young and fit that can walk on those, that is not a sustainable route centre. So to me, that is really important to understand how they will be improved.67
OfficerOkay, so the boat is up here. So what Hampshire County Council Countryside Services have requested and the developers agreed to is that the first 300 metres of that will be upgraded. So because it’s an important, it’s an important route through. And so they’ve agreed that that will be improved. So that will be the surfacing will be improved.68
Officer (cont.)Some of it’s a bit potholed at the moment, it retains water in places. So they’re looking to improve that to make it more accessible all year round.69
Cllr WoodardDoes it go to the village centre?70
OfficerWell, then it’s not really relevant.71
Cllr WoodardWell, that’s one. That’s why I was questioning that. I’m not trying to be critical, but that was why I was questioning it.72
Cllr WoodardAnd what about the other one, then?73
OfficerThis one here, Boyneswood Lane. So that would be the full length of that would have it, it would be resurfaced through the process of this application. It’s surfaced enough for pushchairs, etc. So it’s, it’s going to be accessible for most people.74
Cllr WoodardIs that is that the case?75
OfficerYes, it would be looking to improve that surface. So obviously, at the moment, it’s not obviously, but it’s a bit dipped in places, it’s got a few potholes.76
Officer (cont.)So it’d be looking to increase that. There is obviously dwellings that are served off that access as well.77
Cllr WoodardSo yeah, there’s one near me that we discussed previously, the bridal path in you try and walk down there and you’re risking a tripping over and spraining your ankle all the time. So if it’s that sort of level now, and it’s not improved much, then it’s still not really accessible. You couldn’t push, you know, you can have a pushchair down there — that was what I’m really trying to understand. Thank you.78
OfficerYeah, what I would say is, is that the surfacing of that would be up to the Hampshire County Council Countryside Service, because they’re ultimately responsible for it. So we would have to take our lead from them as to how they do it. But they normally put on a new — it won’t be tarmac necessarily — but it will be obviously a new, probably rolled sort of hogging surface potentially.79
Cllr AshcroftTaking that lane, if it is improved, is it more likely to be used by motor vehicles to and from the site, rather than going all on tarmac roads?80
OfficerYeah, I think it would, that’s more for access. So I don’t, I don’t think it would increase vehicle access to the site from there now.81
ChairThat’s right, Rob. Thank you, Chairman.82
Cllr AshcroftIf I can follow on from that. The problem is that once you’ve got access, vehicle access, so far, all along it goes even further. My point, so the question is, how far is this development from the school? You’ve got Medstead Primary School, you’ve noted, how far away is it? But the other ones down in Four Marks, how far away are those schools from this development? Because I don’t believe children are going to walk from this development to those schools.83
Cllr Ashcroft (cont.)No question they’re going to be going in vehicles. Is there sufficient car parking in those areas where they’re going to be taken? Because having been past the Four Marks school at quarter to nine, during term times, it’s pretty busy. And with busy traffic near school, it’s really risky.84
Cllr Ashcroft (cont.)So I’m slightly concerned, and I’d like to know the distances. Also, I’m curious about 106, section 106, which was mentioned by one of the questioners earlier, contributions. And I see they’re going towards, quite rightly, footpaths and bridleways, and certainly the bridleway you’ve mentioned earlier is being resurfaced.85
Cllr Ashcroft (cont.)Well, that’s really good if you’re walking your dog. You can go out there and you can walk your dog. Not really benefit to this development. I would question as to what development benefit is from this development, other than getting some Hampshire County Council highway stuff done.86
Cllr Ashcroft (cont.)But I’m concerned also regarding parking at Four Marks, because who’s going to walk with shopping 15 minutes and 15 minutes back in pouring rain in November? They’re going to take a car and they’re going to park. And I’m concerned about the car parking in Four Marks, because I don’t believe those shops have got sufficient car parking area.87
Cllr Ashcroft (cont.)Now, whether that’s relevant to this application, I believe it is as far as sustainability. Because if you can’t go somewhere, OK, you can have it delivered by a supermarket direct to your door. But surely we should be looking at some of those things. Could I have some clarification on those items? Thank you.88
OfficerYeah, I don’t know the exact distances, but Four Marks Primary School is to the south of the site. The 1.2 miles I’ve just heard, but it’s beyond a reasonable walking distance.89
Officer (cont.)It’s across the railway line and the A31, right at the southern end of the village. Medstead Primary School is to the north of the site. And again, that’s probably a couple of kilometres. And again, unlikely to be walkable. There’s no footpath, pavement or street lighting along that route. Four Marks Village Centre is just about 850, 900 metres to the south of the site.90
Officer (cont.)So it gives you an idea of the distances and acknowledge the points you’re making about those distances and the likelihood of increased car use to access those. I think the point the Highway Authority are making is that these measures are designed to mitigate and to try to reduce overall reliance on car. It’s not going to change everything and everybody’s habits, but these measures are there to mitigate those.91
Cllr AshcroftOnly that I don’t believe my questions. Thank you.92
ChairIs there any specific point?93
Cllr AshcroftBasically, your sustainability shortage should be such that there should be sufficient parking for places that people are going to go from here to something on a regular basis, like the school, which is daily, during term term, or probably to the shops, even if it’s once a week.94
Cllr Ashcroft (cont.)So I’m questioning that and I’d like some clarification on where sustainability is, if you have to, if it relies upon the car for access. Thank you.95
ChairCouncillor Smart.96
Cllr SmartYeah, I mean, if we do, if you think about the cars, actually, I mean, I noticed there’s three sort of three thoroughfares around this, really. One is Stoney Lane, which is very aptly named, and then there’s a Boyneswood Road, which really is, as I understand it, is a track, and then there is Beechlands Road, which is meant to be the main point of entry and exit to this in your car.97
Cllr Smart (cont.)And it’s very narrow, we parked on there last week, and it’s a very narrow road, and it’s likely to get snared and congested. I’m not convinced that it’s the best access route to this, particularly taking Councillor Ashcroft’s view, which I share, which is, and we discussed it with colleagues as we went round on Friday. Most people who live here will be driving, they’ll be driving in and they’ll be driving out, and it’s a very narrow access point. So that’s a real concern for me.98
ChairMembers, if you look at page 37, first paragraph there, I’ll read it in full, it’s only six lines. The application site lies outside the settlement policy boundary of Medstead, and the development is not for affordable housing to meet the needs of the local people as a rural exception site.99
Chair (cont.)Now, it does have an element of affordable housing, 24 street, 25 affordable housing proposed on this outline application. It goes on, as such the proposed development is contrary to policies CP10, 14 and 19 of the local plan joint core strategy. In such instances where a development proposal is found to be contrary to one or more policies for development plan, proposal may only be considered acceptable where material considerations include, sorry, indicate departure, the development plan being justified.100
Chair (cont.)But the last paragraph on the same page is back to the problem that we have in East Hampshire, that we only have a 2.7 year housing land supply. And it finishes off the final paragraph, the referring to previous applications and appeal decisions. But this is noted that with a 2.7 housing land supply, EHDC are having to apply a tilted balance to the assessment of planning applications.101
Chair (cont.)And then you go on to page 51, the last paragraph, and this is where we as a committee are having again and again to look at the weight that we have to give to both what conditions, what planning policies there are, but with the dead hand of the five year housing land and supply and the tilted balance.102
Chair (cont.)And that paragraph on page 51, but as detailed above, the harm is considered to fall far short of the quote, significant and demonstrable bar unquote, necessary to warrant a refusal. And I’m afraid this is getting a bit of a mantra, because we are faced again and again, with applications that are not within a settlement policy boundary.103
Chair (cont.)But we haven’t got the housing land supply. And there has to be, even though it doesn’t fulfil all the conditions, or sorry, or policies, we do not, unless there is something very unusual about a particular application or specific circumstances, basically, we have to give it permission.104
Chair (cont.)I don’t like saying that — I like plan policy led — but unfortunately, the government is trying to get houses built in ever increasing numbers in East Hampshire and the rest of the country. And that is the point we’re in, we’re between a rock and a hard place.105
ChairAnybody else wish to speak? Councillor Lewis.106
Cllr LewisThank you, Chairman. We’re always faced with, you know, this presumption in favour of sustainable development.107
Cllr Lewis (cont.)And I think, you know, the question we’re all grappling with this evening is, is this really sustainable? Certainly, if you go back through the documents that are on the portal, go back to Hampshire County Council’s original transport assessment back in August. You know, they said the majority of the facilities in the village are well beyond the 800 metre maximum walking distance.108
Cllr Lewis (cont.)If you look at some of the proposed access routes, the one down Stoney Lane to Four Marks and Medstead railway station, and then over to the main part of Four Marks village, from my recollection, that is over a footbridge.109
Cllr Lewis (cont.)So certainly wouldn’t work for somebody with a pushchair, for example. So, you know, I have very, very significant concerns about the transport assessment here. And I’m also quite bemused as to how they go from the position in August to the most recent transport assessment, which says they’re now quite happy with this, despite the fact that none of the distances to the facilities have changed in the slightest.110
Cllr Lewis (cont.)I’d also be interested in, say, an answer to the comment on presumption in favour of unsustainable development.121
Officer (Mr Upton)Thank you, Chairman. Yeah, interesting comment from Councillor Lewis, and thank you for that question about unsustainable development. It’s a difficult situation, because I understand Councillor Woodard’s point about sustainability, Councillor Ashcroft’s as well, and really the committee in total.122
Officer (Mr Upton) (cont.)But putting this into context, as Councillor Lewis has mentioned, we had the Gladman Appeal last year, which was allowed, as we all know, and that was 1.8 metres to the shops and services uphill, which that inspector considered to be appropriate and a reasonable walking distance to get to those shops and services.123
Officer (Mr Upton) (cont.)We also had, perhaps more of relevance, an appeal decision in February this year for Telegraph Lane in Four Marks, which was for 10 dwellings, allowed on appeal, where the inspector there, in allowing it, noted that the walk to shops and services would be 20 minutes in one direction, i.e. a 40-minute round trip walking on unlit pavements, allowed the appeal.124
Officer (Mr Upton) (cont.)This application before you is really no different from that. It’s no worse than that, if a bit closer to shops and services than Telegraph Lane is.125
Officer (Mr Upton) (cont.)But the important point to make, I think, is that the inspector, in allowing those two appeals, did mention that the site does adjoin existing, established and new housing in the area. And therefore, the occupants of the new dwellings would have a similar level of accessibility to shops, services and schools.126
Officer (Mr Upton) (cont.)Similarly, the reliance on car usage will be comparable with those adjoining the site. So I think those reasons are particularly pertinent to this application here. Thank you, Chairman.127
ChairDo you wish to speak?128
Cllr WoodardYeah, thank you for that clarification, Mr. Upton. Yeah, I should say, when I was talking about the village before, I was talking about — I know this is in Medstead Parish — I was talking about going to Four Marks Village, not actually all the way up to Medstead.129
Cllr Woodard (cont.)So yeah, it’s really difficult, this one, because without the Tilted Balance, I don’t think any of us would have any doubt that we’d be saying no.130
Cllr Woodard (cont.)And I think when I came on to the council in 2019, we were just about to go to Reg 18 consultation on the local plan there. Six years later, we’re no nearer, or don’t seem to be any nearer moving forward. And now we’ve got even more houses.131
Cllr Woodard (cont.)And the fact that the plan, our current plan is so out of date, is a really big hindrance to us because a lot of these sites, and some of the sites that have been proposed now, possibly would have been put in a new plan if we’d have got to that stage.132
Cllr Woodard (cont.)But I do have, and I’ve said this before, I still have so much sympathy for Four Marks and Medstead, because they’re facing what Horndean faced.133
Cllr Woodard (cont.)Years ago, we never did anything about it, and you have a small village centre which doesn’t satisfy the needs of the population. When you get these developments like this, you’re not really looking at, do we need a new community building, where is it going to be, and infrastructure isn’t just electricity, gas and doctors and dentists, it is the community side of it, the social side as well.134
Cllr Woodard (cont.)And when you have planning by application, speculative application at that, you are not actually getting that cohesive picture — what the community wants and where they want to live — and that I can really… what the Four Marks Neighbourhood Plan Group, Mr Maloney said, really resonated with me because they’re not having that opportunity to really structure something that will be worthwhile and support the community there to expand and to live well there for the future.135
Cllr Woodard (cont.)But we’re stuck in this position and it’s a frustration of everybody, the officers as well as all the committee members here, that because of the tilted balance, our hands in a lot of ways are just tied and there’s not a lot we can do, and that is a real frustration.136
Cllr Woodard (cont.)So with me, this tilted balance is really unbalanced because I still at this stage don’t know whether I’ll support it or not, because from what Mr Upton said, I’m thinking yes, and then — but from what I saw, my views are that it is not a sustainable site, so I really still don’t.137
ChairNormally at this stage I’ll ask members if they wish to debate this item as opposed to ask additional questions. Does anyone wish to debate the item? I see a hand from Councillor Ashcroft and then I’ll follow with Councillor Glass.138
Cllr AshcroftThank you Chairman, we are in this position of tilted balance which is very frustrating and it’s been boiling for two years, three years, really annoying, and hopefully for the two years it’ll be completely cleared, so that would be good and it won’t be my problem.139
Cllr Ashcroft (cont.)Where we are at the moment is we have an application for a development of 60-odd houses. Fine. In a normal situation we’d turn around and say that was really good.140
Cllr Ashcroft (cont.)Unfortunately in this one, for me, I have a problem, because this development site is the other side of the A31 road, so anybody who wants to go to the shops other than Lymington Bottom, which they can go to, which is not on the road, but it’s the side of the A31, they’ve got to cross that A31, which is a very, very busy road with every type of vehicle going down it.141
Cllr Ashcroft (cont.)So if they’re coming away from this and they’re going to walk, a pushchair, they’ve got to go all the way down, along, across a railway bridge, which is narrow and been acknowledged as not really suitable because it’s a single track road.142
Cllr Ashcroft (cont.)There was talk of a footbridge over there years ago, but that’s gone, and then along again, and then they’ve got to cross over the A31. I can’t see many mums pushing their kids to do that.143
Cllr Ashcroft (cont.)They’re going to get in the car and drive there, because it’s safer for the children, it’s quicker for them, and everybody’s better, but when they get there, there’s nowhere to park, or with less problems for parking, so it becomes a vicious circle.144
Cllr Ashcroft (cont.)Surely sustainable is where you can either walk to somewhere, which in the previous planning application has been a pass-through appeal, they were within walking distance, but also on the same side of the road, so they didn’t have to cross that major road.145
Cllr Ashcroft (cont.)So we’ve got a situation where the only way it’s sustainable is by having a vehicle to drive there, or you can have electric bikes, fine, or alternatively have things delivered, but you’re going to be commuting, and it’s really, to me, that is not sustainable.146
Cllr Ashcroft (cont.)If it was close, it would be sensible. It’s too far away. If this is a sustainable development in this location — which if there were better facilities on that side of the A31, I wouldn’t disagree — if Lymington Bottom created more of a village hub, but that’s not in this application, then there’s more of an answer to, well it could be sustainable, but it’s too far away from everywhere.147
Cllr Ashcroft (cont.)Talk of upgrading a BOAT to the top of that Boyneswood Road, going eastwards — that’s basically a BOAT, Byway Open to All Traffic — and that’s a recreation route. That’s where people take their cars to park to go for a walk in the woods.148
Cllr Ashcroft (cont.)So I do with — that’s not, that’s sustainable if you’re my age and you’re wanting to walk your dogs, but it’s not necessarily for a five-year-old, or mum with a five-year-old, to take them to school.149
Cllr Ashcroft (cont.)So I have real trouble with this. I understand our position, but I’d like the inspectorate to tell me why this one, where they have to walk a fair distance to get to the shops, or even further to get to the schools, is sustainable.150
Cllr Ashcroft (cont.)Now there may be a reason, and I know the tilted balance comes in, in which case, to be perfectly blunt, why are we sitting here?151
ChairThank you Geoff. I think there’s one small correction, and that the Co-op surely is on this side of the A31, as opposed to the shopping centre.152
Cllr AshcroftI agree, and that’s about 30 metres.153
ChairCouncillor Glass.154
Cllr GlassYes, thank you Chairman. Of course, Beechlands Road was built, I’m not sure when it was built, but that too was supposedly perhaps unsustainable. I don’t know.155
Cllr Glass (cont.)It’s a similar distance. It was presumably virgin land, as this is, when it was built. We’re talking about a very narrow margin between the properties on that side of the road, and the proposed properties on this side.156
Cllr Glass (cont.)And with the tilted balance in the state that we are in at the moment, I really feel that however much my heart may say, you know, these fields perhaps should not be developed. I actually think that if this was to go to appeal, we would probably lose that appeal.157
Cllr Glass (cont.)Because I think that this would be deemed to be acceptable, whether sustainable or not. And I don’t often say that, but I really do think on this occasion, that the tilted balance has to come into play.158
Cllr Glass (cont.)Can I ask Mrs. Owen or any of our other planning officers, would they wish to make any comments on this? Because I think all the questions that the councillors are going to ask have been asked.159
ChairSo I would like to go to the vote, but I missed out…160
Officer (Mrs Owen)Yeah, just follow up really, because all these points are completely valid and understandable. And we feel the same as officers as well as Councillor Woodard said.161
Officer (Mrs Owen) (cont.)I think the last thing I would remind members of is the 2016 appeal decision, which was allowed for that Boyneswood Lane development just to the east of this site here.162
Officer (Mrs Owen) (cont.)If perhaps Mrs Owen could highlight that on the screen there. Just go — no, to the left, left. That’s it, that one there.163
Officer (Mrs Owen) (cont.)That was allowed at appeal in 2016, a similar distance away from the shops and services and the same side of the A31 as this one here. So just bear that in mind, please. Thank you.164
ChairThank you, Mr. Upton. Members? Ah, Councillor Hogan.165
Cllr HoganI’d like to emphasise what Councillor Glass said earlier on about the ecologist’s comments. And it’s not just the hedgerows, but there’s a significant regionally important population of bats.166
Cllr Hogan (cont.)And the ecologist mentions, yeah, the other thing you need there is sufficiently — it needs to be sufficiently dark to maintain the population.167
Cllr Hogan (cont.)So I have to agree with Councillor Glass that, you know, we cannot have a dense, you know, population of houses in this area.168
Cllr Hogan (cont.)So if this was, you know, when it comes along later, if we were to support this outline, then, you know, I would hope also to see that there’ll be less houses on this development. Thank you.169
ChairYes, Councillor Lewis.170
Cllr LewisJust a clarification from Mr. Upton. You mentioned the development that’s shown where the cursor is right now — that was approved in 2016. Presumably, I think we had a five-year land supply at that point?171
Officer (Mr Upton)No, we didn’t have a land supply then. We were using the interim housing position statement back in the day, which was a similar position to where we are now, in policy terms.172
Officer (Mr Upton) (cont.)So we didn’t have that robust position from which to defend these applications, sadly.173
ChairAny other member wishing to speak?174
ChairMrs. Owen, do you have any final thoughts or statement?175
Officer (Mrs Owen)No, I’ll just pick up on what Councillor Hogan just said about lighting. There is conditioning on lighting — condition 24. So we have got control over that. Thank you.176
ChairMembers, the recommendation is that the application is permitted, subject to the conditions set out on pages 52 to 62 of the agenda.177
Chair (cont.)And that’s amended, as you will see from the yellow sheets. Condition 4 has been amended. Condition 15 has been removed. And conditions 22 and 23 have been varied.178
Chair (cont.)And I don’t propose to read all the wording on that. So the recommendation, as you will see from your agenda, is for permission.179
ChairDo I have a proposer for permission?180
Cllr GlassCouncillor Glass. Thank you.181
ChairDo I have a seconder?182
Chair (cont.)In that case, I will, from the chair, I will second it.183
Chair (cont.)I will now move to the vote. And those in favour of the recommendation with the adjusted conditions, please show.184
ChairYes.185
ChairThose against the recommendation and those abstaining?186
ChairCould I have the result, please, Ms. Freborne?187
Officer (Ms. Freborne)Thank you, Chairman. That was carried: seven votes for, zero against and one abstention.188
ChairThank you, members. The application has been permitted.189
Chair (cont.)And thank you all the public speakers. I know how much this application means, but you can see from our deliberations what a difficult position we’re in as a committee. If you wish to leave now, I’ll suspend the meeting for five minutes to allow people to leave.190