Here's what Bolosver Council own plannikng policy officer has to say on their proposals to build a supermarket on a public park.
They wouldn't listen to me, they wouldn't listen to residents, will they listen to him? I expect not, but I think it is now dawning on them that a Government appointed planning inspector will.
Impact on Open Space provision
A substantial part of the proposed development site is currently designated as
public open space on the adopted Local Plan Proposals Map.
Local Plan Policy CLT 6 (Existing Outdoor playing Space and Amenity Open
Space) will only allow development on open spaces as shown on the
proposals map in the following circumstances:
·
Replacement open space is provided
·
A facility of equivalent community benefit is provided
·
The development results on an overall improvement or enhancement
of the existing facility for the benefit of the local community.
This proposal does not meet any of these criteria. Firstly, no replacement
open space is being provided for the loss of most of the existing area (a net
loss of around 1 ha). Secondly, a facility of equivalent community benefit is
not being provided. Thirdly, although the applicant intends to enhance that
part of the green space known as Stretton Memorial Garden, this would not
represent an overall enhancement of the whole green space.
With regard to Paragraph 74 of the NPPF a similar, yet differently worded
policy needs to be met, as follows:
“Existing open space, sports and recreational buildings and land, including
playing fields, should not be built on unless:
·
an assessment has been undertaken which has clearly shown the
open space, buildings or land to be surplus to requirements; or
·
the loss resulting from the proposed development would be replaced
by equivalent or better provision in terms of quantity and quality in a
suitable location; or
·
the development is for alternative sports and recreational provision, the
needs for which clearly outweigh the loss.”
In respect of the first requirement neither the applicant or the Council has
undertaken an assessment of open spaces that clearly shows which open
spaces are surplus to requirements. The Council has, however, undertaken a
quantitative analysis of open space that found that Bolsover Town has 2.66
ha of formal green space per 1,000 population which meets the minimum
standard set in the Green Space Strategy (2012) of 2.4 ha per 1,000
population
The area of amenity open space at Sherwood Lodge grounds is 1.22 ha.
From the plans submitted, only two areas of 0.28 ha and 0.21 ha would be
large enough to be counted in the green space totals (a minimum site area of
0.1 ha is required to count as green space). Therefore, only 0.49 ha would
remain including the Memorial Garden, representing a net green space loss of
0.73 ha.
The loss of 0.73 ha of amenity green space at Sherwood Lodge, would mean
that Bolsover Town has enough green space as a settlement to meet the
minimum Formal Open Space standard. However, this fact on its own is not
sufficient to indicate that the Sherwood Lodge grounds, or any other green
space in Bolsover is surplus to requirements. Such an assessment must be
informed by the current and potential uses of the green space, its location in
relation to residential areas and to other green space provision in the
immediate locality or neighbourhood. None of these considerations suggest
that the green space is surplus to requirements. In addition, Sherwood Lodge
grounds received a quality standard of 68% when it was surveyed by Leisure
Services in August 2006. It could not therefore be argued that the quality of
open space is so poor that the space does not provide any useful green
space function.
With regard to the second point the applicant argues (at page 28 of the P and
R statement) that a commuted sum could be provided to improve the quality
of the Memorial Garden “as an alternative location for open space and
recreation for town centre users”. I am not quite sure what is being argued
here. In my view whilst such a proposal would help to mitigate the loss of
open space, it would not replace the loss.
The proposal does not meet the third point because it does not propose
alternative sports and recreational provision.
The Green Space Strategy includes a policy that states that all residents of a
town should be within 400 metres of a formal or semi-natural green space
which is larger than 0.5 ha. The Sherwood Lodge green space constitutes
such a space. However, loss of this space would not result in any new
pockets of inaccessibility within Bolsover when judged against the above
standard. This is mainly due to the proximity of Dykes Field and Hornscroft
Park."
He goes on to conclude that the development breaches both local and national planning policies.
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