Page 15 - MJC submissions
P. 15
STEPS TOWARDS AN AGREED STATEMENT OF FACTS
And stipulations
2 The Integrated Development (Continued)
On 4 June 2018, the Ashbourne Park Owners’ Association (APOA) wrote to AHL and in
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paragraph 4 asked about its plans to develop WH:LIC site . On 8 June 2018, Mr Owen
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responded stating:
“With regard to the fourth paragraph of your letter, I am unable to comment on this Page | 5
as quite clearly the matter in hand is the planning application that has been
submitted.”
This confirms a disinclination to reveal the full extent of the integrated plan.
European Environmental Directives (For example, 85/337/EC) require that the cumulative
effect of developments should be evaluated and NPPF (See paragraph 174 thereof) supports
similar transparency.
However, the reluctance to discuss the plans for the integrated development is
understandable because;
There may be good commercial reasons for secrecy;
There is a stronger argument for developing the WH:EDF site (Classified as brownfield
whereas WH:LIC is not) which may be weakened by integration .
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That said, the integrated plan is highly relevant – if not critical - to the current application and
disclosure to AWVC would have been both fair and expected. It was never mentioned.
Whether or not MSDC knew about the integrated plan – and accepted a stepped approach -
has yet to be established.
Ashgrove Homes Ltd appears confident that MSDC will approve its current application
against the wishes of the AWVC, most villagers and of all proximate residents to what could
become the “Ashurst Wood Ghetto”. A prime objective of the Localisation Act 2011 and the
NPPF is to empower villages and parishes to decide what is best for their locality in a
Neighbourhood Plan . Under normal circumstances local plans should prevail, and it is clear
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from Mr Owen’s letter of 8 June 2018 that he agrees.
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However, indications of a power struggle appear to be emerging in which authority is being
clawed back and Neighbourhood Plans subordinated to those of the district, county and the
NPPF. This would be against the spirit of the Localisation Act and a breach of process.
The likelihood is that the current application will be decided by the MSDC, based on a
plethora of plans, specialist reports and policies at a national, county, district and village level.
These are not unlike Newton’s Third Law of Motion, to the extent that for almost every
policy in one direction there is another of equal weight in opposition. Confusion, ambiguity
and creative interpretation appears to permit developers, decision makers and others to pick
and choose and argue fine print to support almost any decision.
15 As a result of my conversation with Mr Owen on 29th May 2018
16 In other words, taking a phased approach made tactical sense
17 The “made” plan