Important Newsletter, March 2020

Here is our latest newsletter, delivered to local residents. In it we ask people to contact the Planning Inspectorate to request that they uphold the Enforcement Notices issued by AVBC. Please note that anyone else, no matter where you live, can also submit a letter or letters and we would like as many people as possible to do so.

Please note that we have posted a copy of the Pro forma letter mentioned below on the Documents page, It can be cut and pasted for completion and attached to an email or posted to the PI.

Stop the Development at Haytop!

Whatstandwell and Alderwasley Community Action Group (WACAG)

IMPORTANT letter to local residents – March 2020

Dear residents, we write again to update you regarding the planning situation at Haytop Country Park.

IT IS NOW AT THE MOST CRITICAL STAGE AND WE URGE EACH AND EVERY ONE OF YOU TO READ THIS LETTER, AND THEN MAKE YOUR VIEWS KNOWN TO THE PLANNING INSPECTOR IN ORDER TO HELP PROTECT THE WONDERFUL LOWER DERWENT VALLEY

As mentioned previously, the two Enforcement Notices (ENs) issued by AVBC on 15 March are being appealed by the owners of Haytop and lodge residents. As a reminder, the two enforcement notices require them to ‘cease the use of the land for the stationing of residential caravans that are not trailer caravans designed and constructed for drawing by car’; remove all engineering/infrastructure (concrete bases, drives, decking and brick skirtings, gabion retaining walls, service connections, street lights and tarmac roads), and ‘reprofile the land to its previous level and condition.’

You may have recently received notification from AVBC advising you that the appeals have started, why the ENs were issued, how the appeals will be determined and how you can contact and make your views known to the Planning Inspector (PI).

Under the rules, if you wish to comment, you must make sure your representation is received by the PI no later than 6 weeks after the start date for the appeals. There are two appeal letters, implying two responses are required, one for each enforcement notice. However, we have checked and you may write a single letter to the Planning Inspectorate, providing you make it clear which Enforcement Notice you are commenting on by using the relevant appeal reference numbers (all starting with APP/). Make sure the PI receives your representation by 17 April 2020. If concerned, you can request that your name and address are with-held.

Given that it is a contentious development with a large amount of public interest, the fate of Haytop is to be decided by a Public Inquiry. Local people are encouraged to take part in the inquiry process as our ‘knowledge and opinion are considered to, often be a valuable addition to the evidence given by the appellant and Local Planning Authority.’

What can you do?

  1. Write to the Planning Inspectorate to say that you support AVBC in issuing the enforcement notices for the same reasons given by AVBC, and that you want the PI to uphold the enforcement notices. For your convenience, we attach a pro forma letter for the attention of the Planning Inspectorate, that you can simply complete with your details and then post to: The Planning Inspectorate, Room 3B, Temple Quay House, 2 The Square, Bristol BS1 6PN (for the attention of Madelaine Fox). Alternatively, you could email the letter to the PI (teame1@planninginspectorate.gov.uk).

  1. You may wish to elaborate more on why you think the ENs should be upheld. However, you should bear in mind that you can only make your views known to the PI on matters that are relevant to the appeal. The sort of issues the Inspector will consider are set out in the two ENs and accompanying appeal letters. If you are unsure, both ENs and Appeal Letters can be found on our website (https://wacag.info/documents/).

  2. In the meantime, here are few areas you may wish to cover in your correspondence to the PI:

  • the existing planning permissions (1952 & 1966) expressly do not allow for twin unit lodges (statics) to be used as a person’s main residence or for 12-month holiday use

  • proposed development represents a material change in the definable character of the use of the land – change from small campsite for weekend/holiday use, to a residential estate with an appearance of permanence

  • historically the site has always been used for holiday and weekend use only

  • the development is not in accordance with planning policy, either the AVBC Local Plan or the National Planning Policy Framework (it would be helpful to reference individual policies from these documents where you believe this to be the case)

  • the development would result in 60 large-footprint, twin unit lodges, and associated infrastructure such as driveways, hard landscaping, tarmac roads, and introduce significant light pollution on what was previously a dark valley side

  • would represents a material change to the character of the land and the visual amenity of the area

  • site lies within DVMWHS Buffer Zone, Alderwasley Conservation Area, and is a Special Landscape Area on land of ‘high landscape sensitivity’ all of which needs protecting

  • negative impact on adjacent Shining Cliff Woods (SSSI owned by the National Trust)

  • the setting of the Grade II listed Alderwasley Hall, Alderwasley Lodge and Whatstandwell Bridge, as well as the historically important Alderwasley Mill and the historic deer park would be affected

  • will result in further loss of trees – 121 already illegally felled by appellant (owner of site), put protected species of flora and fauna at risk of further destruction (habitats already destroyed by this development and non-native plants introduced)

  • site falls within drinking water safeguard zone – development has significant potential to negatively impact on the surface water quality of the River Derwent and the downstream drinking water abstraction point

  1. Add your support to our latest petition which calls on the PI to uphold the two ENs. There is a petition in circulation that you may wish to sign. Alternatively, you can sign the online version at https://wacag.info/petition-to-planning-inspectorate/. If you have already signed either petition, we thank you.

  2. Get involved in the inquiry – general guidance on how to take part in enforcement appeals (writing to the PI to make your views known and/or if you wish to speak at the inquiry) can be found at www.gov.uk or you can find links to the relevant documents on our website at https://wacag.info/links/. (link no. 6).

Do not forget, when granting the 1966 permission the council specifically stated that ‘the site is not felt to be suitable as a permanent residential caravan site.’ To allow such use would amount to a material change of use.

The inquiry presents a golden opportunity to stop the current development at Haytop and protect the Lower Derwent Valley. Representation from local people can really influence the outcome.

WE THEREFORE URGE YOU TO MAKE YOUR VOICE HEARD BY WRITING TO THE PLANNING INSPECTORATE – deadline for your comments to be received by PI is 17 April 2020

Thank you once again for taking the time to read this letter.

WACAG

Stop the Development at Haytop!

This Post Has 3 Comments

  1. Resident

    We all have the means to write to the Planning Inspectorate now, either off our own bat or by submitting the pro forma letter received with the latest residents letter.

    So c’mon everybody, if you really care about this valley get going and let PI know what you think!

  2. wacagadmin

    The deadline for comments has now been extended to 11 May 2020.

    The recommendation is to send comments either online using the appeals casework portal (https://acp.planninginspectorate.gov.uk/CaseSearch.aspx ) , or by email to teame1@planninginspectorate.gov.uk. If you are concerned about privacy a separate text document, as an attachment which does not contain personal details, would be recommended. However, if this is not possible then the PI can redact your email if requested to do so.

    There will be delays with processing posted documents at this time due to the coronavirus pandemic. For updates and advice please see https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance

  3. wacagadmin

    Documents relating to the Planning Inquiry, submitted by Country Wide Park Homes and the Haytop residents appealing against the enforcement notices, are now available in electronic form from Amber Valley Council. These set out their case for the PI to overturn the notices and oblige AVBC to allow the development to go ahead. If you are interested and wish to request copies please send an email to: planningappeals@ambervalley.gov.uk.

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