Hampshire County Council

Executive Member for Policy and Resources Item 4

7 March 2006

Response to the Test Valley Local Plan Review Inspectors Report

and Proposed Plan Modifications in relation to Sir Harold Hillier Gardens

Report by the Director of Property, Business and Regulatory Services

How the conclusion in this report fits with the Corporate Strategy

This scheme will impact on the delivery of the following Corporate Aims:

Aim 1 - Maximising life opportunities by protecting the Sir Harold Hillier

Gardens as a unique resource for the people of Hampshire.

Aim 2 - Stewardship of the environment by ensuring the continued protection

and development of The Gardens as an important environmental asset.

1

Summary

1.1

This report outlines the formal modifications proposed by Test Valley Borough Council (TVBC) to the Inspector's Report into the Public Inquiry into its Local Plan and seeks approval to the formal responses that have been made to these by the County Council as landowner and Trustee of the Sir Harold Hillier Gardens by the deadline of the 3 March 2006 .

2

Background

2.2

The Revised Deposit Draft of the TVBC Local Plan, which was the subject of a Public Inquiry between October 2004 and April 2005, contained two main proposals which would impact on the County Council's future management of the Gardens. These were:

(i) proposals for a major housing scheme on former gravel works at Abbottswood, the nearest dwellings of which would be approximately 300 metres from the Gardens and

(ii) the use of land at Ganger Farm immediately to the south of the Gardens as a district sportsground.

2.3

As landowner and Trustee, the County Council made representations to the Local Planning Authority on these policies, with particular concern about the adverse impact the Plan's proposals would have in the immediate vicinity of the Gardens, on their quality and character and their existing rural setting and context. Objections had been made to the allocation for residential development of the Abbottswood site in the Initial Deposit Draft Local Plan 2002 with additional suggestions for landscape and other mitigation measures that should be required if any development were to proceed. In a similar manner, objections were also made to the Plan's proposals to develop land at Ganger Farm, Romsey for sports pitch development and again additional suggestions were made for landscape and other mitigation measures that would be required if any development were to proceed.

2.4

The Revised Deposit Draft version of the Local Plan was published in 2004 and included the residential development allocations for housing with the new "Policy STV 07.1a Reserve Housing Site at Abbottswood". However, this revised version of the Local Plan did include significant mitigation and protection improvements for the Gardens as a result of the representations made. The Plan now incorporated much stronger landscaping, transport and nature conservation mitigation measures that had specifically been asked for by the County Council's representations. In addition, these were now identified in specific sub-policies and plans which gave the measures a stronger planning basis. The scale of the development was identified at 500 dwellings and incorporated recognition of the impact of the proposed development site to its surroundings. While the County Council as landowner and Trustee was encouraged by the Revised Plan's incorporation of a requirement for landscape screening of the new development, it submitted further representations to the revised proposals which supported the inclusion of these measures in the Draft Plan and also to promote the further improvement of the mitigation measures.

2.5

Similarly, whilst the Revised Deposit Draft of the Local Plan of 2004 did not remove the sports pitch development allocations on Ganger Farm, the Revised Plan did incorporate recognition of the impact of the proposals on to the Gardens by incorporating improved landscaping and transport changes to sub-policies and plans. Therefore, in looking to address the possibility that the sports pitches would remain an allocation after the Local Plan Inquiry, further representations were made to the revised proposals to support the improvements already secured and to explore if they could be improved upon further.

2.6

The County Council objections also related to the proposed access arrangements and traffic impact of not only the Ganger Farm sports proposals off Jermyn's Lane but also these combined with the Abbottswood residential proposals. A residential development, together with a major sports and recreation complex, are likely to generate increased volumes of traffic on the roads around the Gardens. The access to the Gardens is from Jermyns Lane which has the character of a rural road. In order to preserve this, as far as possible, it is important that if the sports pitch proposals do proceed, that as little traffic as possible to and from these developments is routed along Jermyn Lane and that appropriate traffic management proposals are developed to deal with this. Therefore, further representations were made on the transport issues.

2.7

In addition, although not proposed by the Local Plan Review itself, the landowners of Ganger Farm in objecting to the sports pitch allocation on their land, advocated the development of both housing and a reduced leisure provision. The County Council, as landowner, and Trustee's representations at the Revised Deposit stage of the Plan, made very strong objections against this alternative proposal.

3

The Local Plan Inquiry, Inspector's Report and Proposed Plan Modifications

3.1

The Local Plan Review Inquiry was held from September 2004 through to May 2005 and the County Council, as landowner, and Trustee submitted proofs of evidence and appeared at the Inquiry. This was in order to present and emphasise all of the representations it had previously made on the Abbottswood and Ganger Farm Plan proposals through the 2002 to 2004 period and to protect the changes already secured in the Revised Plan that offered improved protection and mitigation for the Gardens .

3.2

Part 1 of the Inspector's Report was published in September 2006. This included recommendations on the Abbottswood and Ganger Farm proposals and related issues. Importantly, the Inspector supported and did not alter the increased protection and mitigation offered to the Gardens from both of the proposed allocations and developments by the Revised Local Plan Review landscaping and transport proposals. Indeed, in relation to the Ganger Farm sports pitch proposals, the Inspector has recommended a specific reference to protect the Gardens.

3.3

Following consideration of the Inspector's Recommendations by Test Valley Local Planning Authority, they published their proposed modifications to the Local Plan Review in January 2006 and invited comments on these modifications to be submitted by 3 March. In summary the relevant modifications based upon accepting the Inspector's Recommendations are:

3.4

a) Modification No. STV 07/01 -

That the Abbottswood site should remain as a reserve housing allocation for the Plan period to 2011 but for approximately 800 rather than 500 dwellings to provide appropriate housing land supply and to meet the higher densities required by Central Government's Planning Policy Guidance Note 3 Housing.

b) Modification No. STV 07/02-

That further ecological surveys will be required in relation to the colony of Great Crested Newts present on the Abbottswood site.

c) Modifications No. STV 07/05 and STV 07/06 -

The primary vehicular access to the site to via a new junction on Braishfield Road and the "preferred" secondary vehicular access to the site to be via a new junction on Sandy Road and not Cupernham Lane, with amendments to the appropriate text and maps.

d) Modification Nos. STV07/07 and STV 07/08 -

Off-site transport mitigation measures around the Abbottswood site to be varied in detail and number depending upon the eventual position of the secondary site access on Sandy Lane.

e) Modification STV 09/01 -

A specific reference that any floodlit pitches on the Ganger Farm proposal should be so located, and their lighting designed to avoid harming "the rural setting of the Sir Harold Hillier Gardens and Arboretum...".

3.5

In addition, the Local Planning Authority did not fully accept all of the points made by the Inspector's Recommendations and in particular the following issues emerged:

a) Modification No. STV 07/03 -

The modifications propose that the overhead power cable crossing the Abbottswood site will be placed underground where it would lie above dwellings or curtilages, unless there are "overriding constraints" rather than "overriding technical constraints". This omission of the word technical allows other issues such as ecology, design or landscape constraints to be considered in the potential under grounding of the cable.

b) Modification Nos. STV 07/05, STV 07/06, STV 07/07 and STV 07/09

The Inspector had recommended that the secondary access to the Abbottswood site could be from either Sandy Lane or from Cupernham lane dependant upon highway, ecological and landscaping issues. However, the proposed modifications solely refer to the secondary access being from Sandy Lane as mentioned in c.) above as the Local Planning Authority believe that any access from Cupernham Lane will have an adverse ecological impact and that from Sandy Lane would have the least damaging visual and landscape impact.

4

The County Council's Response to the Modifications

4.1

Under the regulations that govern the process of the current Local Plan Review, representations and comments upon these modifications can only be accepted on the specific changes that have been made to the Plan based upon the Inspector's Recommendations or where such recommendations have not been accepted in the modifications. Representations cannot raise new issues or refer to points already dealt with and rejected by the Inspector's Report. Following analysis of the Inspector's report and the Proposed Modifications of the Borough Council it was believed that further representations should be made on these.

4.2

Therefore, as landowner and Trustee in relation to the Gardens the County Council made the following formal responses to Test Valley Local Planning Authority in relation to these proposed modifications by the 3 March deadline:

a) Modification No. STV 07/01 -

That as a Reserve Allocation, the Abbottswood Housing site should only be released for development once appropriate "plan, monitor and manage" indicators demonstrate that the site is actually required. Also, that with the increase in housing numbers to 800 dwellings, both a development brief and master plan must be prepared well in advance of any development, and consulted upon with stakeholders, such as the County Council, by the Local Planning Authority and the developers, (i.e. by the end of 2007). At the very least this must include landscaping, infrastructure and development details and their phasing and also intended visual and transport mitigation measures. This should be referred to in the Local Plan Review document.

b) Modification No. STV 07/02 -

That any ecological surveys in connection with the Abbottswood site must have been undertaken and published for stakeholder consultation well in advance of the timescale of any development and incorporated into the development brief and master plan referred to in a) above (i.e. by the end of 2007).

c) Modification Nos. STV 07/05 and STV 07/06 -

That it is incorrect for the modifications to solely refer to a secondary access to the Abbottswood site coming off Sandy Lane as the preferred access when the Inspector's Report referred to the possibility of the secondary access being off either this or Cupernham Lane depending upon further studies upon highway, landscaping and ecological issues. A Sandy Lane access would have more of a visual and safety impact upon visitors to the Gardens. Therefore, this issue should not be decided upon until the appropriate work is undertaken and consulted upon via the development brief and master plan referred to above. Also, the modification should be as per the Inspector's recommendation with reference to the brief, master plan and consultation referred to in a) above.

d) Modification Nos STV 07/07 and STV 07/09-

That it is incorrect to refer to off-site Transport mitigation measures in relation to the Abbottswood site on the assumption that Sandy Lane will be the secondary access when even in their own words the Local Planning Authority referred to it elsewhere as only their "preferred" option and pending the approach outlined in the response in c) above. Therefore the modification should be amended to reflect this. However, that there is support for the modification that any subsequent off-site transport mitigation measures to be varied depending on the outcome of this work.

e) Modification No. STV 09/01-

That there is strong support for the specific reference in relation to the need for any floodlit pitches to be so sited and lighting designed to avoid harm to the Sir Harold Hillier Gardens and that this can be assisted via an appropriate landscape buffer between Ganger Farm and the Gardens. Also that both a development brief and master plan must be prepared well in advance of any development, and consulted upon with stakeholders, such as the County Council and Sir Harold Hillier gardens, by the Local Planning Authority and any developers, (i.e. by the end of 2007). This would provide an opportunity to seek further improvements to the landscape measures along the common boundary of the Gardens and the proposed Ganger Farm development.

4.3

It is to be noted that the Inspector's Report and the Proposed Modifications have not accepted the Ganger Farm landowner's proposals for residential development of this site. In addition, it is to be noted that without compulsory purchase it is unlikely that the current landowners of Ganger farm will help facilitate the development of the sports pitches in the Plan period up to 2011 as the land is the subject of an option to purchase with a major house building company.

5

Summary

5.1

Whilst the representations made to date to the Test Valley Borough Local Plan Review have secured significant improvements to the protection of the setting of the Sir Harold Hillier Gardens, it has been judged important to seek further improvements through further representations before the Plan is adopted. Given the uncertainty of the timing of any development on either the Abbottswood or Ganger Farm sites, the intention would be to reach agreement for structural landscaping to be commenced as early as possible in order for it to become established and therefore protect the setting of the Gardens during and after construction activity.

That:

1

The recommendations of the Inspector's Report and the subsequent Modifications to the Test Valley Local Plan Review in relation to the Sir Harold Hillier Gardens are noted;

2

The formal representations made by the County Council as landowner and Trustee of the Gardens to the modifications are noted and approved; and

3

Further negotiations be authorised with the owners of land at Abbottswood and Ganger Farm aimed at securing agreement to mitigation measures in addition to those within the Local Plan policies.