To receive any questions or statements from members of the public that have registered to speak.
Minutes:
One member of the public had registered to ask a question as set out below.
(1) Mr McLaren had submitted the following question to Councillor Rouane, Leader of the council, but was unable to attend the meeting:
“I am writing formally to seek the Council’s view on a strategic matter which is currently adversely affecting the environment within this council’s area. It is an issue which has also affected over 100 other sites in 12 councils over the last 20 years.
This concerns the purchase of environmentally sensitive agricultural land and ancient woodlands, often in AONB’s and often by an Special Purpose Vehicle company, which is then divided into many small lots by the purchaser to be auctioned to individual buyers at an inflated price (known as woodlotting). These new owners exercise their permitted development rights and erect fences, huts and other temporary buildings. Because of the large number of individual plots each with infrastructure, fragmentation and environmental damage occurs, destroying the quiet and unspoilt amenity of the sites, seriously affecting biodiversity, and representing in aggregate a fundamental change of use in a context where no planning change of use was ever contemplated. It also means that no-one has the responsibility for the management of the overall site, which deteriorates as a direct result.
Only one remedy has so far been found by Councils elsewhere which successfully and instantly prevents these particular adverse consequences, and that is the imposition of an A4 Direction on a site thus threatened, which removes permitted development rights.
In a particular current instance, Swyncombe Parish Council has been in correspondence with SODC requesting that an A4D be issued on an area of ancient woodland which is currently in the process of being lotted, auctioned, and where new infrastructure is already being put in place.
I would be grateful if you could state the Council’s reasons for refusing to impose an A4 Direction on this site, which is already being adversely affected in the manner described. I would also request that the Council's general view on A4Ds as a precautionary proactive response to woodlotting be reconsidered. This would at a stroke greatly benefit sites of great environmental importance and help to deter further instances of the cynical practice of lotting. By not issuing an A4 Direction a signal is being sent to developers that the AONB is not protected.”
Councillor Rouane, Leader of the council, responded as follows:
“Thank you for your question. I am familiar with the situation where land is being auctioned off into smaller plots, such as the example currently occurring within Swyncombe parish.
Government advises in the National Planning Policy Framework that the use of Article 4 directions to remove national planning permitted development rights should be limited to situation where it is necessary to avoid wholly unacceptable adverse impacts to protect local amenity and the well-being of an area. They should be based on robust evidence and applied to the smallest geographical area possible. Local Planning Authorities are required to notify the Secretary of State about new Article 4 directions, who will consider whether to exercise his power to intervene, either to modify or cancel an Article 4 direction.
The removal of permitted development, through an Article 4 direction does not stop development, but it means planning permission should be first sought. An Article 4 does not prevent a breach of planning and does not change the position that an area of land may have different owners and thus there will be no overall management of the land. An Article 4 does not prevent the suggested adverse consequences.
Each consideration of an Article 4 direction is on a case by case basis and assessed carefully on the evidence, following national planning guidance. Whether it is in a National Landscape (AONB) or any part of out district, we will use, appropriately, the planning tools available to us to ensure our attractive environment is maintained for our communities.
At this time there is no justification for the council to pursue an Article 4 Direction at the site in Swyncombe parish. The land is agricultural/woodland within a National Landscape (AONB) and due to the size of the plots being auctioned, most acts of development associated with the lawful use will be subject to the prior notification procedure. As advised locally, there is no credible evidence of permitted development activity being undertaken and no breaches of planning have been reported. The land continues to be in one ownership, based on current Land Registry data. We have proactively served a Tree Preservation Order on part of the site.
We have written to all the auction houses reminder them of the planning rules and status of the land, which we note is set out in the sales particulars.
I encourage you to report any alleged breaches of planning via the council’s online form and we will consider the planning concern raised in line with our Planning Enforcement Strategy.”