Friday 17 December 2010

Asda has gone to the Court of Session to challenge Highland Council’s decision...

From the Press and Journal today (thanks to APT contact for info)

Extract

Retail giant Asda has gone to the Court of Session to challenge Highland Council’s decision to grant planning permission for a £500million new town on the outskirts of Inverness, it was revealed yesterday.

Applicants Inverness Estates, a consortium of developers, plan to build 2,500 new homes, a primary school, shops, a community building including a library, a restaurant and cafe, hotel, health centre and church at the site at Stratton Farm, east of Inverness. The development would be in four phases over the next 20 years.

An Asda spokeswoman said a statement would be issued later.

Read more: http://www.pressandjournal.co.uk/Article.aspx/2057688#ixzz18OQiKWZT
Read more: http://www.pressandjournal.co.uk/Article.aspx/2057688#ixzz18O3cF3ka

The planning application for 'Stratton Farm New Town' was put in front of the full council on 15 September 2010 prior to the start of the consultation on the Proposed Highland-wide Local Development Plan.

The Policy Assessment in the committee report for the 15 September noted:

Although there is a measure of support in the Structure Plan Spatial Strategy (paragraph 1.6 of Structure Plan) the application proposals do not fully comply with the planning guidance as set out through the Specific Land Use Policies and Proposals in the Inverness Local Plan, therefore, the application is overall judged as significantly contrary to the approved Development Plan.

However, the most up to date local land use planning framework against which to assess the application proposal is set out through the Highland wide Local Development (HwLDP) rather than the Local Plan (on the basis that the Local Plan does not cover the first years of occupation of the proposed development). The HwLDP has now gone through a process of statutory consultation and is informed by community engagement and the best available information and predictive modelling. This application is therefore being brought forward and is capable of being in in general conformity with the HwLDP Proposed Plan with regard to uses, 17 levels of development and phasing once a Section 75 legal agreement has been put in place.

The extract from the 'Policy Assessment' above mentions that the HwLDP had gone through 'a process of statutory consultation', this was the Main Issues Report for the HwLDP; however as you will have noted from the previous blog post, there was still a long way to go in the statutory Highland-wide Local Development Plan process as a whole in terms of finalising the Proposed Plan - a Plan with which the application '...is capable of being in in general conformity with...'

In order to facilitate this early consideration of the planning application you may recall that councillors of the Planning, Environment and Development Committee, agenda item 9, agreed (amongst other things) on the 11th August 2010 that:

Current major development schemes at Tornagrain, Cawdor and South Nairn (and any which were subsequently submitted) which did not have adopted Local Plan support in full or in part, and which were identified in the Highland-wide Local Development Plan, be taken forward in the context of the ongoing Local Development Plan work and no decisions taken on these schemes until the results of the examination of the Plan were known; and

All proposals in the A96 corridor which had a measure of adopted Local Plan support (in full or in part) could be determined in advance of the Local Development Plan Examination in line with updated guidance in the Proposed Plan;


The proposals for the Stratton Development fell under the latter point in that they were judged to have "...a measure of adopted plan support...".

It will be very interesting to read the promised statement made on behalf of ASDA, although at the determination of the planning application on the 15 Sept the council's solicitor had stated in response to what the P and J describe as ASDA's '11th hour objection':

"Those of you Members that are on the PED committee will be aware that on the 11th August it was agreed that the East Inverness application could be determined ahead of the Highland wide development plan examination – that’s the part of the process where objections to the plan are examined by a Scottish Government reporter. Therefore there’s already democratic governance of this particular matter. Given the decision by PED my advice to the Council is that this application can be determined today. If you decide to determine the application following the hearing that’s going to take place, this is a procedural decision and it may be challenged by any third party; but it is up to that third party to take that decision. Obviously it is for them to decide. However, I’m satisfied that the Council has grounds to defend the decision to proceed to determine the application today. Thank you, Chair"





[The Stratton proposals themselves had emerged from the A96 masterplanning exercises for East Inverness (which formed the basis of the concise strategy document the 'A96 Growth Corridor Development Framework')

Details of the emergence of the Stratton proposals can be found in the 'Update Newsletters' (see immediately below) and other information (also listed below) from the Council web site's A96 Corridor Masterplan page

Update Newsletters


Inverness









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