Date of examination hearing nears – final discussions with RBKC

In the final weeks before the public hearing on September 22nd, which forms a critical part of the current ‘examination’ of the StQW Neighbourhood Plan, final exchanges with the Council are continuing.

On the positive side, the Council’s Planning Department has confirmed that its officer representative at the hearing will not be making any further submissions on the policies proposed in the Draft Plan for the land at Nursery Lane.  The Council has adopted a neutral position leaving these proposals to be decided by  the Examiner, John Parmiter.

The Legard family as the owners pf the land at Nursery Lane, and the prospective developers Metropolis Property Ltd, have both been granted the opportunity to be at the hearing as ‘participants’.  Both will be sending their planning consultants to the session, to argue against the StQW proposals to protect this green space.

Consultants Rolfe Judd Planning, acting for Metropolis Property, have retained Nigel McGurk as their representative.   Nigel McGurk has previously acted as ‘examiner’ for many neighbourhood plans across England and gave evidence at one of the early High Court cases on neighbourhood plans (that for Tattenhall, in rural Cheshire).  He has a lot of expertise on neighbourhood plans.  It seems evident that Metropolis Property are willing to continue to invest heavily in using consultants to try to secure a planning permission for their proposed housing development at Nursery Lane.

On the StQW draft policies for Latimer Road, the Council has said that it will continue to object to all parts of this section of the Draft Plan.   Further attempts at dialogue with the Council have got nowhere.   In response to a FoI request in early August, the Council has released to the Forum a set of documents which make clear that:

  • As part of the ‘Partial Review of the RBKC 2010 Core Strategy, the Council’s own policies are likely to move towards more mixed use in the Borough’s Employment Zones, in line with the National Planning Policy Framework.  (In other words the Council is itself moving in the same direction as the proposals in the StQW Plan – so why does it continue to oppose these?)
  • Despite this convergence of views, the Planning Department remains vehemently opposed to any part of this shift of policy being progressed through a neighbourhood plan.  We are told that we should continue to wait for the Council to adjust its policies to its own timetable – a process which has been extremely slow since the Council first consulted on how to update the ‘enterprise’ section of its 2010 Core Strategy, back in 2013.

The StQW Forum will be arguing at the examination hearing that local residents and businesses should not have to keep waiting.  The whole point of neighbourhood planning is to give local people ‘powerful tools’ to shape planning policies for their neighbourhood and to ensure that these are responsive and up to date.  The relevant legislation and Government guidance is designed to achieve this outcome.   So the discussion on the 22nd is likely to prove lively.

Draft Neighbourhood Plan Policy Amendment

On one small matter, the Forum has reached agreement with the Council.  We have agreed revised wording for draft policy 2d in the Neighbourhood Plan as follows:

2d) to resist the introduction of non-permeable surfaces to front garden areas (above size limits within Permitted Development rights) other than for the replacement of existing main paths or where approved hard standing for parking and crossovers is already in place.

This change has been agreed to reflect the fact that it is fairly straightforward for building owners to find and use permeable surfaces when replacing or renewing concrete hardstanding in front gardens.

The Forum supports the principle that front gardens should not be paved over or made impermeable (above the area allowed under Permitted Development Rights, and for the very attractive tiled paths which are a feature of the Conservation Area).

The cumulative effect of impermeable surfaces increases the risk of flash flooding of the Counters Creek main sewer system, under increasing strain from the scale and number of new developments in White City East.

A reminder that the public hearing on the StQW Draft Plan will start at 10.00 on Tuesday 22nd September, in the rear part of St Helens Church.  A copy of the agenda, including the questions that the Examiner will be asking, can be downloaded from a link on the home page of this website.