Proposed Residential Development Outside Settlement Policy Boundaries

The proposed development site is located outside the designated SPBs for Medstead. The purpose of SPBs is to clearly demarcate areas suitable for development and to protect the surrounding countryside from urban sprawl. Allowing development beyond these boundaries undermines the integrity of local planning policies. Expanding the village outside the SPBs contradicts these principles by promoting unsustainable growth and risking long-term environmental and social consequences.

Continuous Engagement in Disengagement: A Failure of EHDC to Ensure Public Participation


Despite EHDC’s obligation to ensure active public participation in the planning permission process, the current flawed system results in continuous engagement in disengagement. This paradox highlights the failure of EHDC, as the system intended to foster public involvement instead causes widespread disengagement and a state of social helplessness among the community.


EHDC is required to facilitate meaningful public engagement in the planning process. However, the existing processes are overly complex, inconsistent, and difficult for the average resident to navigate.

1. Overwhelming Information: The sheer volume of information, presented in non-standardized formats with excessive use of acronyms, overwhelms residents, making it nearly impossible for them to stay informed or participate effectively.

2. Lack of Notifications: There is no efficient system to notify residents about multi-dwelling planning applications affecting their area (relevant to their location – zone of influence – development proposals). This leaves many unaware of developments that could significantly impact their community. For instance, the only reason many found out about the current planning application under standard consultation, the fact that EHDC is allowing developments not included in our Local Development Plan, and that EHDC is trying to further expand the already significant development of the village of Medstead, is because of SMASH.

3. Fragmented Documentation: Key documents are often disorganised and difficult to access.


For example:

1. The planning application portal’s limitations, such as allowing only ten documents to be downloaded at a time and lacking clear naming conventions, complicate the process.

2. The land availability assessment uses LAA references. However, they are not linked with Unique Property Reference Numbers (UPRN), property title numbers, or planning permission reference numbers, further complicating the process of tracking and understanding planning applications.

3. The version of the Draft Local Plan shared with me on 1st May 2024 feels like a poorly done secondary school assignment. It lacks consistency, the content does not flow well, and it contains errors. For example, land that is actually in Medstead (LAA Reference MED-022) is included under Four Marks development sites. Additionally, Page 422, titled ‘Four Marks,’ includes a map of the Four Marks & Medstead ward. The content that follows is vague and/or irrelevant to the purpose. Pages relevant to Medstead are 454 and 463-464, but the document does not maintain the same structure for each village. For some reason, it splits Medstead from Four Marks with Bentley. The illustrations, which clearly come from a good quality source—the EHDC interactive map—are included in the LDP in poor, difficult-to-read quality, with truncated pages and other issues. The submission of such a document for consultation undermines the entire system and erodes trust in the people in charge.


Until the status quo is changed, EHDC cannot expect full cooperation from the members of the public. The current system’s flaws alienate residents, making it difficult for them to engage meaningfully in the planning process. Therefore, the only way to properly identify the impact of multi-dwelling developments that are outside the current Local Development Plan of Medstead is to automatically trigger a full Environmental Impact Assessment (EIA).



References

Pre-application consultation should be conducted in an unbiased manner to ensure that the information provided is fair and can be accurately judged by the public, including those who are not experts

Here are some key points on how consultations should be conducted:

1. Objective Information

The consultation should provide objective, clear, and comprehensive information about the proposed development, including both potential benefits and impacts.

2. Transparency

All relevant details should be transparently shared, including possible negative effects on the environment, local amenities, and infrastructure, as well as mitigation measures.

3. Engagement

The process should genuinely seek to understand and address the concerns and suggestions of the community and stakeholders, rather than simply promoting the development.

4. Balanced Presentation

Information should be presented in a balanced manner, avoiding leading questions or promotional language that could bias respondents’ views.


Pre-application consultations should be unbiased, transparent, and genuinely aimed at understanding and addressing the views and concerns of the community. This approach ensures that the feedback gathered is valuable and that the development process is fair and inclusive.

Instead, we are witnessing learned helplessness, a behaviour exhibited by a subject after enduring repeated aversive stimuli beyond their control.










References:

Learned helplessness


In the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, specific requirements and procedures were set out to ensure effective consultation with relevant stakeholders, including the public and statutory consultees

These regulations aimed to enhance transparency and public engagement in the decision-making process. Here are the key elements related to consultation procedures as outlined in the regulations:

1. Pre-Application Consultation

Developers are encouraged to engage with local communities and statutory consultees before submitting an EIA application. This early engagement helps identify potential issues and concerns that can be addressed in the Environmental Statement (ES).

2. Publicity Requirements

The regulations mandate that local planning authorities must publicize EIA applications to ensure the public and relevant stakeholders are aware of the proposed development. This includes:

  • Publishing a notice in a local newspaper.
  • Displaying site notices at or near the location of the proposed development.
  • Making information available on the local authority’s website.

3. Consultation with Statutory Consultees

The local planning authority is required to consult with statutory consultees, such as environmental agencies, heritage bodies, and other relevant organizations, to obtain their input on the potential environmental impacts of the proposed development.

4. Public Participation

The public must be given an opportunity to comment on the EIA application and the Environmental Statement. The regulations specify a minimum consultation period, typically 30 days, during which stakeholders can review and provide feedback on the submitted documents.

5. Availability of Information

The Environmental Statement and other relevant documents must be made readily accessible to the public and consultees. This includes providing physical copies at designated locations (e.g., local council offices) and making electronic copies available online.

6. Consideration of Responses

The local planning authority must take into account all feedback and representations received during the consultation period when making their decision on the EIA application. This ensures that the views of the public and consultees are considered in the decision-making process.

7. Decision Notice

Once a decision has been made, the local planning authority must publish a notice of their decision, including the reasons for granting or refusing permission and any conditions imposed. This notice should also outline how the public and consultees’ feedback was taken into account.

8. Post-Decision Information

Information about the decision, including the Environmental Statement and the decision notice, must be made publicly available. This transparency ensures that stakeholders are informed about the outcomes and the rationale behind the decision.

These consultation procedures are designed to ensure that the EIA process is transparent, inclusive, and participatory, allowing for meaningful input from the public and relevant stakeholders. This helps to enhance the quality and legitimacy of the decision-making process related to environmentally significant developments.

Settlement Policy Boundaries (SPBs)

Settlement Policy Boundaries (SPBs) are specific demarcated lines drawn around settlements, such as towns and villages, within a local planning authority’s jurisdiction. These boundaries are defined in local development plans and are used to manage and control development. The primary purpose of SPBs is to guide development to appropriate locations and protect the countryside and other rural areas from urban sprawl.


Key Features and Purposes of Settlement Policy Boundaries:

1. Development Control: SPBs help determine where new development, such as housing, commercial buildings, and infrastructure, is permitted. Development is generally encouraged within these boundaries to make efficient use of land and existing services.

2. Urban-Rural Divide: SPBs clearly delineate the separation between urban areas (where development is appropriate) and rural areas (where development is typically restricted). This helps to protect the character and integrity of the countryside.

3. Sustainable Development: By directing development within established boundaries, SPBs support sustainable development principles. They promote the use of existing infrastructure, reduce the need for new infrastructure, and help maintain compact and efficient settlements.

3. Planning Policy: SPBs are an important tool in local planning policy. They are included in local development plans, such as Local Plans or Neighbourhood Plans, and are used by local planning authorities to assess planning applications and make decisions about land use.

4. Housing and Economic Growth: Within SPBs, local authorities can identify areas suitable for housing, commercial activities, and other development needs. This helps to meet the community’s housing and economic growth objectives in a planned and controlled manner.


Implementation and Review:

Defined in Local Plans: SPBs are established through the local planning process and are defined in documents such as the Local Plan or the Neighbourhood Plan.

Periodic Review: SPBs are periodically reviewed and updated to reflect changes in development patterns, population growth, and planning policies. This ensures that the boundaries remain relevant and effective.

Public Consultation: Changes to SPBs usually involve public consultation, allowing residents and stakeholders to provide input on proposed changes.


Benefits:

Protection of Countryside: SPBs help protect rural areas from inappropriate development, preserving green spaces and the natural environment.

Focus on Urban Areas: By concentrating development within SPBs, local authorities can focus on revitalizing and improving urban areas, making better use of existing services and infrastructure.

Clarity and Certainty: SPBs provide clarity and certainty for developers, landowners, and the public about where development is likely to be acceptable and where it is not.


In summary, Settlement Policy Boundaries are a key planning tool used to manage development, protect rural areas, and promote sustainable growth within settlements. They help to ensure that development occurs in appropriate locations, supporting the overall planning strategy of a local area.


In the UK, public consultation is a fundamental part of the planning process for proposed developments

The requirement for public consultation is enshrined in several pieces of legislation and guidance documents that ensure communities have the opportunity to participate in and influence planning decisions.


Key aspects of public consultation in the UK planning process include:

1. The Town and Country Planning Act 1990: This Act requires local planning authorities to publicise planning applications and allow the public to comment on them. Notices may be posted on-site, in local newspapers, and online.

    2. The Planning and Compulsory Purchase Act 2004: This Act introduced the requirement for Statements of Community Involvement (SCI). Local planning authorities must prepare an SCI that outlines how they will engage and consult with the public and other stakeholders in the planning process.

    3. The Localism Act 2011: This Act strengthened community involvement in planning. It introduced the concept of “neighbourhood planning,” where local communities can develop neighbourhood plans to guide future development in their area. It also requires developers to consult local communities before submitting certain types of planning applications.

      4. The National Planning Policy Framework (NPPF): The NPPF emphasises the importance of public consultation and engagement in the planning process. It encourages local planning authorities to involve all sections of the community in plan-making and decision-making processes.

      5. The Town and Country Planning (Development Management Procedure) (England) Order 2015: This order sets out the procedures for publicizing planning applications and specifies the types of applications that require consultation. It includes requirements for notifying neighbours, posting site notices, and publishing information online.

        6. Environmental Impact Assessment (EIA) Regulations: For developments requiring an EIA, public consultation is a mandatory part of the process. The EIA regulations require the developer to publish the Environmental Statement and provide opportunities for the public to comment on it.


          Key Requirements for Public Consultation:

          Notification: Local planning authorities must notify affected parties, including neighbours, statutory consultees, and the general public. This is often done through site notices, letters, newspaper advertisements, and online postings.

          Consultation Period: There is typically a statutory period during which the public can submit comments on a planning application. This period is usually 21 days.

          Consideration of Comments: Planning authorities are required to take into account all valid public comments and representations before making a decision on a planning application.

          Feedback: Authorities often provide feedback on how public comments have been considered and incorporated into the planning decision.


          Practical Steps for Public Involvement:

          Pre-Application Consultation: Developers are encouraged (and sometimes required) to engage with the community before submitting a planning application. This can include public meetings, exhibitions, and consultation events.

          Public Meetings and Hearings: For significant developments, public meetings or hearings may be held to allow community members to express their views directly.

          Online Platforms: Many local planning authorities provide online portals where planning applications can be viewed, and comments can be submitted.


          Public consultation is crucial for ensuring that development proposals consider the needs, concerns, and aspirations of the local community. It helps to improve the transparency, accountability, and quality of the planning process.

          Distributing new developments to areas such as the North of England, Wales, and Scotland is the most viable solution to effectively and responsibly address the housing shortage

          Distributing new developments to areas such as the North of England, Wales, and Scotland, along with government programs to make these areas attractive for professionals working remotely, could be a potentially effective strategy to address housing shortages.

          Here are some reasons why:

          Regional Development: Encouraging development in regions outside of major urban centers can help to rebalance regional disparities in economic growth and infrastructure investment. It can also alleviate pressure on housing markets in overcrowded cities and promote more sustainable patterns of development.


          Remote Work Opportunities: The COVID-19 pandemic has accelerated the trend towards remote work, with many professionals now able to work from anywhere with an internet connection. By incentivizing professionals to relocate to less densely populated areas, governments can harness the benefits of remote work to stimulate economic activity and support local communities.


          Quality of Life: Many people value factors such as affordable housing, access to nature, and a sense of community when considering where to live. By promoting development in regions with attractive natural landscapes, cultural amenities, and lower living costs, governments can enhance the quality of life for residents and attract new talent to these areas.


          Employer Incentives for Remote Work: Providing incentives for employers to transition to remote work arrangements can further support the distribution of new developments to regional areas. By reducing the need for physical office space in city centers, employers can save on overhead costs while enabling their employees to enjoy the benefits of remote work in more desirable locations.


          Infrastructure Investment: To support the successful implementation of this strategy, governments would need to invest in essential infrastructure such as transportation, digital connectivity, healthcare, and education. This investment would not only improve quality of life for residents but also make these regions more attractive for businesses and investors.


          Overall, distributing new developments to regions outside of major urban centers and promoting remote work opportunities could be a promising approach to addressing housing shortages while promoting economic growth, regional development, and improved quality of life for residents. However, careful planning, investment, and stakeholder engagement will be essential to ensure the success and sustainability of this strategy.

          If the East Hampshire District Council (EHDC) believes that the housing targets set for them are unreasonable or forcing them to deliver beyond their capacity, there are several avenues they can pursue to address and potentially challenge these targets


          1. Engage with Higher Authorities

          • Negotiation with Central Government: EHDC can engage in discussions with central government departments, such as the Ministry of Housing, Communities, and Local Government (MHCLG), to negotiate more realistic housing targets based on local circumstances and constraints.
          • Seek Adjustments: They can formally request adjustments to the housing targets, providing evidence of why the current targets are unrealistic or unsustainable.

          2. Provide Evidence-Based Justifications

          • Housing Needs Assessment: Conduct a thorough local housing needs assessment to demonstrate the actual housing needs and how they differ from the imposed targets.
          • Capacity Studies: Provide detailed studies on local infrastructure capacity, environmental constraints, and land availability to support the argument that the targets are unachievable or detrimental to the area.

          3. Revise Local Plans

          • Local Plan Review: As part of the regular review of the local plan, EHDC can incorporate evidence and arguments that justify lower housing targets. They can outline alternative strategies for sustainable development that align better with local conditions.
          • Community Involvement: Engage with the community to gather support and input, which can be used to strengthen the case for revising housing targets.

          4. Utilise Legal and Planning Frameworks

          • Planning Appeals: EHDC can appeal specific decisions or targets set by higher authorities through planning appeals. This can be done if they believe the targets are not based on sound evidence or do not consider local constraints.
          • Judicial Review: In extreme cases, EHDC might consider seeking a judicial review of the housing targets if there is a legal basis to argue that the targets were set unfairly or without proper consideration of local circumstances.

          5. Advocate for Policy Changes

          • Lobbying for Policy Reform: EHDC can lobby for changes in national planning policies that provide more flexibility for local authorities to set realistic housing targets based on local conditions.
          • Collaboration with Other Councils: Work with other local councils facing similar challenges to collectively advocate for policy changes or adjustments to the housing targets.

          6. Highlighting Negative Impacts

          • Environmental Impact: Provide detailed reports on the potential environmental degradation, loss of green spaces, and biodiversity threats that could result from adhering to the current housing targets.
          • Infrastructure Overload: Highlight the potential overloading of local infrastructure, including roads, schools, healthcare facilities, and utilities, which could compromise the quality of life for existing residents.

          7. Public and Media Campaigns

          • Raise Public Awareness: Use media campaigns to raise public awareness about the issue and garner community support.
          • Public Petitions and Meetings: Organize public petitions and hold meetings to discuss the impacts of unrealistic housing targets and to gather community feedback.

          Example Steps EHDC Might Take:

          1. Commission Independent Reports: Commission independent reports on housing needs, infrastructure capacity, and environmental impact to support their case.
          2. Draft Formal Requests: Draft and submit formal requests to central government or relevant authorities for adjustments to the housing targets.
          3. Engage with MPs and Councillors: Engage local Members of Parliament (MPs) and councillors to advocate on behalf of the council at higher levels of government.
          4. Hold Public Consultations: Conduct public consultations to ensure transparency and gather additional evidence of community concerns and support.

          By pursuing these avenues, EHDC can work towards achieving more realistic and sustainable housing targets that better align with the needs and capacities of the local area.



          Proven Five Year Housing Land Supply

          The term “proven Five Year Housing Land Supply” refers to a measure used in urban planning and development to ensure an adequate supply of land for housing construction over a specified period, usually five years.

          In many jurisdictions, local planning authorities are required to demonstrate that they have enough available and deliverable land to meet their housing targets for the next five years. This is often referred to as the “Five Year Housing Land Supply” or “Five Year Land Supply.”

          Having a proven Five Year Housing Land Supply is essential for local planning authorities to demonstrate that they are meeting their housing targets and ensuring a sufficient supply of housing to meet the needs of their communities. It provides certainty to developers, investors, and the public about the availability of land for housing development and helps to guide decision-making in the planning process.