MAN Energy submitted their appeal last year and the Inquiry closed on 14th November 2023, The Planning Inspectorate announced their decision on 24th January 2024, and outline planning permission to build up to 200 homes has now been granted.
The development will result in around 21.71ha (around 80% of the appeal site) becoming publicly accessible in the form of Public Open Space, comprising of 3.41ha of Formal Amenity Space and dedicated Informal Public Open Space (IPOS) (18.30ha). The latter would be transferred to, and managed by the Land Trust or similar body and fully funded by a contribution payable by the appellant (MAN Energy Solutions) to the Land Trust (or similar organisation) and secured by a planning obligation.
The full report can be viewed here.
In summary, the inspector ruled that the benefits of having 21.71ha of what is currently private land being opened up to the public with appropriate funding to maintain it in perpetuity, outweighed the loss of green space as a result of the development, she mentioned that the public access had been tolerated by the land owner in the past, but drew attention to ‘the unlawful nature of some of this historical use’.
Consideration and weighting was also given to what is referred to as the ‘fallback position’: This is because there is a real risk that the owners will sell the land as it no longer wants the expense of owning, insuring and maintaining it, and added that there is no evidence that local residents or local organisations/trusts could buy and manage the site. It was also acknowledged that the owners could legally erect secure 2M fencing in place of the current stock fencing which is being repeatedly vandalised which would effectively corridor the public rights of way and prevent users from even visually experiencing the open space.
The inspector also highlighted the benefits of the scheme in improving the open space and concluded “Consequently, I consider that the status quo would be worse than that proposed by the development (which is) the subject of this appeal.”
Whilst this is what we have been striving for, it’s a bittersweet victory, not a celebration. It is realization of our aims and objectives in relation to safeguarding access in perpetuity to the majority of the fields. It’s also the starting gun for engagement with the developer to maximise positives and minimise negative impacts of the development, and with the Land Trust to ensure the fields are kept as we want them.
We would all have much preferred the fields to stay as they were (but with legal access), however that was not one of the options on the table. At least we can breathe out now, safe in the knowledge that there will always now be a big old chunk of nature that is protected for ever.
The decision is made, so now is the time to put our differences aside, and work together to create a space for us all to enjoy, where nature can continue thrive.