Judicial Review Dismissed – Theydon Bois Green Belt Saved From Development

Further to the report in our Spring 2018 Update, TBAG are delighted to report that the Judicial Review brought by the owners of the Old Foresters site in Theydon Bois who sought to develop the land, has now been dismissed.

TBAG’s Chair and Vice Chair attended London’s Royal Courts of Justice, Strand today to hear the handing down of the Judgment in the case of CK Properties (Theydon Bois) Limited against Epping Forest District Council.  CK Properties were aggrieved that their site on land known as The Old Foresters had not been included by EFDC in the Submission Version Local Plan as land for development and claimed, inter alia, that they had been prejudiced by the non-availability of Appendix B to the Site Selection Report.

The case had been heard over two days at the end of May with the Claimant’s argument having four grounds of challenge.  Much reference to previous pertinent legal cases was made and matters were debated at length in the twenty-one page Judgment.  The Judge found against all of the four grounds observing that the essence of CK Properties’ complaint was that Appendix B had not been made available on 14 December 2017 at the time of EFDC’s decision to submit the draft local plan to the Planning Inspector for examination in public.  Costs were ordered to be paid by the Claimants to the EFDC in the sum of £10,000.

So while EFDC’s Submission Version Local Plan has been delayed for three months from being sent to the Planning Inspector, we are hopeful that it will now be submitted as soon as is possible.

TBAG is of the firm opinion that there should be no development to the east of the railway line in accordance with the Government’s National Planning Policy Framework and that the railway line presents a clear physical feature that is readily recognisable and likely to be a permanent boundary with the Green Belt to the east of our village.

During this extended period of glorious Mediterranean weather, we would remind supporters of the public footpath network that lies on our doorstep just over the railway footbridge including one path which crosses the Old Foresters’ site.  So why not take a walk in the country and enjoy our precious Green Belt!

Spring 2018 Update

Local Planning Matters

Lillicroft Nurseries: EPF/2528/17.  The latest application to replace the existing wooden dwelling with a bungalow more than four times the existing size has been refused by EFDC.  TBAG submitted a strong objection to this proposal as it is ‘inappropriate development’ in the Green Belt according to National Planning Policy.

Land adjacent to Gun Cottages:  EPF/0102/18.  TBAG raised an objection to an application for a retrospective change of use of this stable to ‘B8 storage and distribution’.  We have highlighted the earlier attempt to get a change of use to residential, which was refused by both EFDC and the Planning Inspector, largely on the grounds of harm to the Green Belt and landscape character and, significantly, contrary to a Condition imposed in the original planning permission restricting use of this stable to private stabling only and not for any commercial or business activity (including livery).  It is hoped that EFDC will honour the original condition and subsequent decisions and not permit this change to business use.

Macris House:  EPF/3321/16.  An application for conversion of the care home into eleven flats was finally refused by EFDC.  TBAG raised an objection to this application in January 2017.  The grounds of refusal were: (1) impact on the Green Belt; (2) loss of community facility and loss of employment; and (3) not being within a sustainable location or adequately incorporating principles of energy conservation or sustainable design.

EFDC Local Plan – December 2017

TBAG felt disappointed that our Local Authority only provided the minimal six week consultation period for consideration of the Submission Version of the Local Plan 2017 (SVLP) because this period included one week of Christmas holidays when EFDC offices were closed.  During this closure, it was impossible to obtain hard copies of the Plan document(s) which were not available until the New Year (2018).  The Submission Version of the Local Plan, together with its Appendices, totalled some 510 pages and this was in addition to the voluminous evidence base documents which are only available on-line or at the Council Offices.  TBAG was also disturbed to see that this consultation was not given the same level of publicity as had been given to the earlier Issues & Options and Draft Local Plan consultations, when leaflets, road-shows and talks were given to reach out to all residents.  EFDC appeared to be rushing to get this plan submitted for Examination in Public before the 31 March 2018 deadline*, under threat from Central Government of even greater housing targets (an additional 9,000 houses) being gratuitously imposed.

Continue reading Spring 2018 Update

Winter 2017 Update

Local Planning Matters

Rear 33/34 Piercing HillOld Coach House.  The application to demolish the building and replace it with a new dwelling, because of the ‘uneconomical’ costs of a conversion, has since been withdrawn.

Lillicroft Nurseries – Following a refusal to demolish and replace the existing bungalow and build a second bungalow on the nursery land, an application has been made to replace the existing small wooden dwelling with a new bungalow more than 4 times the size.  Theydon Bois Action Group has submitted a strong objection to the plans which are contrary to Local and National Green Belt Policies.

EFDC Draft Local Plan & Protection of the Green Belt

Continue reading Winter 2017 Update