Further delay to EFDC’s Submission Version of the
The Judicial Review (JR) against Epping Forest District Council (EFDC), brought by CK Properties Theydon Bois Ltd who own the Old Foresters site, was dismissed by the High Court on 29th June 2018 on all four grounds of challenge, with costs of £10,000 awarded to EFDC. The JR had delayed submission of EFDC’s Submission Version Local Plan (SVLP) to the Planning Inspectorate for Examination in Public. CK Properties subsequently applied to the High Court asking for permission to appeal against the dismissal decision. This was refused and they have now applied for permission to appeal to the Supreme Court, resulting in further delays to the progress of our Local Plan.
Local Planning Matters
Old Coach House, 33 Piercing Hill – An application (EPF/1409/18) to demolish the old Coach House and replace it with a new 4 bedroom dwelling, double the size, has been refused. TBAG had written a strong objection on sound Green Belt grounds.
Stable adjacent to Gun Cottage, Abridge Road – permission has been granted for a change to storage use (EPF/0102/18) but this came with conditions to protect the Green Belt site from further inappropriate development.
Hydes Riding School, Abridge Road – Revised plans have been submitted for a smaller, 24hr, residential security building (EPF/0429/18). TBAG has written a further objection as the fundamental Green Belt reasons for refusal have not been overcome.
Lillicroft Nurseries, Abridge Road – TBAG has submitted further comments to the Planning Inspector and requested that the appeal be dismissed.
Government Planning Policies and the impact on the Green Belt
The Government published its revised National Planning Policy Framework (NPPF) on 24th July 2018 and states that it has ‘undertaken major reforms of the planning system in particular to give councils and developers the backing they need to get more homes built more quickly’. However, building on the Metropolitan Green Belt, while brownfield sites in London remain unused and undeveloped, will not provide the more ‘affordable’ homes which are most needed. The importance of the Green Belt around our towns and cities has never been greater. The prolonged heatwave and increased air pollution levels experienced this summer have highlighted how vitally important the Green Belt and other green spaces are for our health and wellbeing and a sustainable future for us all, by cooling the environment and reducing the effects of air pollution. This is why the Green Belt must be protected.
Whilst the Government continues to profess that it is protecting our precious Green Belt it is, in practice, forcing Local Authorities to build on Green Belt land and this is effectively being enforced, by the Planning Inspectorate, which is an executive arm of Central Government and which implements Government policies and instructions. This all benefits developers who wish to build more profitable, ‘executive style’ houses on green field sites rather than develop urban brownfield land, often to the detriment of local communities and without addressing the shortfall in the type of homes that are most needed.
The Campaign to Protect Rural England (CPRE) in its ‘State of the Green Belt’ report (August 2018) shows that the Green Belt is being built on at an ‘alarming rate’ and most of the new homes are unaffordable for first time buyers. CPRE state that nearly half a million homes are planned for Green Belt sites in spite of the fact that there are already enough brownfield sites for an extra million homes in England.
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!
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
Consultation on defining and managing Starter Homes
PUBLISHED: APRIL 2016, CLOSING DATE FOR RESPONSES: 18 MAY 2016
25 pages with 17 questions. Downloadable PDF at
Rural Planning Consultation
PUBLISHED: FEBRUARY 2016, CLOSING DATE FOR RESPONSES: 21 APRIL 2016
Produced by DCLG and DEFRA seeking views on more changes to planning regime re housing pressures on rural areas. 17 pages. Residents’ questions at Annex C. Downloadable PDF at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/499246/Rural_panning_review_Call_for_Evidence.pdf then complete form at https://www.surveymonkey.com/r/RBDXGFD or email responses to RuralPlanningReview@communities.gsi.gov.uk.