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West of A1(M) Development
Two planning applications for residential development on land west of the A1(M) at Stevenage (3,600 or 5,000 houses, together with associated employment, retail, leisure and community development), were submitted to North Herts District Council in the summer of 2001.
During January to May 2004 a public inquiry was held as the applications had been called in by the then First Secretary of State, John Prescott for his own decision. North Hertfordshire District Council presented evidence at the inquiry to justify why, among other things, the development was unnecessary. The Inspector who conducted the inquiry submitted his report and recommendations to Mr Prescott in 2004.
On 20 October 2005, the Council received a decision letter from the Office of the Deputy Prime Minister relating to the planning applications. The Inspector’s Report, dated 1 December 2004, was also received.
Contrary to the reports in some newspapers, no planning permission has been granted for any development west of the A1(M) at Stevenage. The Secretary of State refused planning permission for the 5,000 dwelling scheme. He took the view that the scheme:
- was contrary to the statutory development plan (in particular the NHDC District Local Plan No.2);
- would result in an over-provision of housing to 2011;
- would be inappropriate development in the Green Belt and harmful to the openness, rural character and purposes of the Green Belt; and
- would be premature to permit this amount of housing development pending the establishment of housing needs and distribution post 2011 through the emerging RSS.
The Secretary of State concluded that the scheme for 3,600 dwellings is also contrary to the statutory development plan and represents inappropriate development within the Green Belt. However, he found that very special circumstances exist which outweigh these objections. He concluded that development of the land west of the A1(M) at Stevenage is still needed to meet the housing requirement to 2011. This perceived continuing ‘need’ for the development outweighs the statutory development plan and Green Belt objections in the Secretary of State’s view.
He was therefore minded to grant planning permission for the 3,600 dwelling scheme. However, he deferred his formal determination of the planning applications to allow for a reformulated planning obligation to be submitted. This Council, together with Hertfordshire County Council and Stevenage Borough Council, had been highly critical of the unilateral obligation submitted by the West Stevenage Consortium. The Secretary of State has accepted these criticisms and is not prepared to accept the proposed obligations in their present form, as they may not secure delivery of the facilities and infrastructure that appear to be on offer.
A new reformulated unilateral obligation has been submitted to the Secretary of State, upon which the three councils have submitted comments. We now await the Secretary of State's decision on this planning application.
The Council’s barrister will examine the decision letter when it is received to see whether there are any errors of law or unreasonable conclusions which warrant legal challenge, and if there are, the likely chances of success.