Publish date: Tue 15th Sep 2020
Shipley Parish Council represented the Parish at the Amber Valley Borough Council Planning Board meeting held 7th September 2020 at which the above application was considered. The Chairman to the Council, Cllr K. Stevenson, addressed the Planning Board, presenting strong objections against the application on behalf of the Parish Council.
The Planning Board refused permission for the proposals, as detailed herewith:-
TOWN AND COUNTRY PLANNING ACT 1990
In pursuance of the powers vested in the Amber Valley Borough Council under the above Act and Orders and taking into account Government policy and guidance and the saved policies of the Adopted Amber Valley Borough Local Plan 2006, and with reference to your application (Office Code: AVA/2019/1201) which was valid on the 10 February 2020 for permission for Engineering works to create new recreational bike track at Northern Fields To West Of Nutbrook Trail And Shipley Lakeside Pit Lane Shipley
In the manner described in the application and shown on the accompanying plan(s) and drawing(s) NOTICE IS HEREBY GIVEN that permission for the proposed development is REFUSED for the following reasons:
1. The proposal does not constitute appropriate development in the green belt by virtue of the engineering works that would not preserve the openness of the green belt. The site is part of Shipley Country Park where the upper part of the site is gently sloping with the landscape being elevated open pasture land. Imposing a steeply sided hill into this open pastoral landscape would appear artificial as a significant intervention into the existing landscape. Given the extent of the engineering works proposed in this case it is considered that these works will adversely impact on openness and will be a visual intrusion into the Green Belt. The Very Special Circumstances needed to justify inappropriate development in the Green Belt have not been met in this case. Therefore, as inappropriate development that fails to preserve the openness of the green belt the proposal is contrary to paragraphs 133, 143 and 146 of the NPPF.
Mrs A Barnfield
Waystone Developments Ltd
8 Swanwick Court
8 September 2020
Date : 8 September 2020 Signed
Executive Director (Operations)
2. The proposed earth works for the creation of the bike track would be a significant intervention in the existing landscape, such that it would be a loss to that designed landscape and the historic setting it provides to numerous designated heritage assets in particular the setting of the listed lodges and consequently their significance. The open parkland also serves to emphasise the stark contrast of the imposed industrial development on the former rural landscape. This open pasture, therefore, contributes to the setting of the conservation area. The loss of this naturalistic character through the engineered change to the landform would have an adverse impact on the setting of the conservation area and, consequently its significance as a designated heritage asset. On this basis the proposed works are considered to cause harm to late 18th century parkland setting, the setting of industrial conservation area of The Field, Shipley Park Conservation Area and the setting to the early 20th Century listed lodges contrary to the requirements of the Act, policies EN24 and EN27 of the Local plan and Part 16 of the NPPF. As required by paragraph 196 of the NPPF the public benefits arising from the development do not outweigh the harm in this case. In this case the policies which protect the setting heritage assets provide a clear reason for refusing the development proposed the proposal is therefore recommended for refusal in accordance with paragraph 11 d) i of the NPPF.
3. The site is an area of pastoral landscape which forms the approach and setting to the old hall. The existing landform is a gently sloping valley side and imposing a steeply sided hill of the form proposed into this open landscape will appear artificial and a significant intervention into the existing landscape creating an unacceptable visual impact on and reducing the open aspect of the parkland landscape harmful to its character and appearance contrary to paragraphs 127 and 170 of the NPPF and policies LS3 and EN7 of the Local Plan. The proposal fails to meet the environmental objective of sustainability as set out in paragraph 8 of the National Planning Policy Framework. This adverse impact significantly and demonstrably outweighs the benefits of the proposal as set out in paragraph 11 d) ii of the NPPF.
4. The lack of a comprehensively submitted scheme to include the engineering works to form the channel, does not allow for full or proper consideration of the proposal and its environmental impacts. As such has not been demonstrated that the proposals constitute a sustainable form of development in terms of the unknown environmental impacts which have not been assessed. The proposal fails to meet the environmental objective of sustainability as set out in paragraph 8 of the National Planning Policy Framework. The proposed harm identified results in a clear reason for refusing the application in accordance with paragraph 11 d) i of the NPPF.