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Planning Updates

Solihull Local Plan

The Council's Local Plan which sets out targets for the number of new homes to be built in Solihull and defines how that target will be achieved was approved by the Government's Planning Inspector and then formally adopted by Solihull Council in early December 2013. This plan included for the return of Lowbrook Farm and Tidbury Green Farm land to green belt status.

Legal challenge

During early January 2014 a legal challenge was submitted to the High Court, by Gallagher Estates (Lowbrook Farm) and LionCourt Homes (Tidbury Green Farm).

The judgement to the High Court appeal, was made public on the 1st May 2014. The appeal succeeded on 2 of the 3 grounds raised against Solihull MBC, which relate the housing need figures used in developing the plan and its method used to assess revisions to the green belt boundary (Lowbrook Farm and Tidbury Green farm)

This means that SMBC has to reconsider its housing needs and the method it used to assess revisions to the greenbelt boundary.

Solihull MBC (SMBC) published a statement regarding the Court Order made by the judge. SMBC sought to limit any deletions or changes that the judge required them to make to the Local Plan to those parts which were the subject of the court case and the judge agreed. The affected sections are those dealing with housing numbers and the judge has ordered that they be sent back to the Government Planning for re-examination.

Besides paragraphs in the Solihull Local Plan dealing with housing numbers that have been deleted, the paragraph relating to the two sites in Tidbury Green that were to have been returned to the Green Belt has also been deleted. SMBC stress that this does not necessarily mean the sites are suitable for development or can now be developed.

SMBC asked the judge for permission to appeal his decision and that was been refused.

Latest Updates

Solihull MBC produced a Position Statement, which was requested by the High Court Judge. Within the Position Statement sites included in the Solihull Local Plan as future phased developments were considered, in order to demonstrate that Solihull could meet its 5 year housing land requirements,

Previously submitted applications which were scheduled as phase 2 and 3 developments (Braggs Farm, Cleobury Lane/Dickens Heath Road and Mount Dairy Farm) had been fought predominately on the phasing argument and the fact that SMBC could demonstrate a 5 year housing land supply, based on the Local Plan. SMBC were not be in a position to use these factors as reasons to oppose the re-submitted applications for these 3 developments.

SMBC have now been granted leave to appeal the High Court Decision on the Solihull Local Plan. We anticipate that this appeal will take part in November/ December 2014.

 

Development of land off Fulford Hall Road - Tidbury Green Farm

The application by LionCourt Homes for outline planning permission to build 190 homes was rejected by the Planning Committee on 30th January 2014. The land at the time was defined as green belt land within the Solihull Local Plan and the development was considered inappropriate.

As detailed above, a legal challenge was submitted to the High Court, by Gallagher Estates (Lowbrook Farm) and LionCourt Homes (Tidbury Green Farm). They claimed that the land at the sites they control should not be have been returned to Green belt and that Solliull's Plan is flawed in the way that it was put together.

The judgement to the High Court appeal made by Gallagher Estates and LionCourt Homes, was made public on the 1st May 2014. The appeal succeeded on 2 of the 3 grounds raised against Solihull MBC, which relate the housing need figures used in developing the plan and its method used to assess revisions to the green belt boundary (Lowbrook Farm and Tidbury Green farm)

This means that SMBC has to reconsider its housing needs and the method it used to assess revisions to the greenbelt boundary.

Besides paragraphs in the Solihull Local Plan dealing with housing numbers that have been deleted, the paragraph relating to the two sites in Tidbury Green that were to have been returned to the Green Belt has also been deleted. SMBC stress that this does not necessarily mean the sites are suitable for development or can now be developed.

SMBC asked the judge for permission to appeal his decision and that was been refused. However SMBC stated that they will be applying to the Court of Appeal for permission to appeal.

Latest Updates

On the 16th July 2014 the Parish Council received notification that Lion Court Homes have appealed the decision to refuse Planning Application Number 2013/1705 - Outline Planning Application to build up to 190 at Tidbury Green Farm.

Following the submission of the appeal Tidbury Green Parish Council submitted further written representation, detailing why they object to the proposal. We are now waiting for the Planning Inspectorate to set an inquiry date for the Tidbury Green Farm appeal.

SMBC have now been granted leave to appeal the High Court Decision on the Solihull Local Plan. We anticipate that this appeal will take part in November/ December 2014.

 

Previous Updates

The meeting of residents that took place on the 13th November 2013, was very well attended by local residents, with approximately 60 residents attending the meeting. Residents raised their concerns about the proposal and the impact that they believed it would have on Tidbury Green. Concerns and issues were duly noted and can be found in the attached minutes. Every resident unanimously objected to the proposal.

Residents were advised to write to Solihull MBC or record their views and feedback via the Solihull MBC website. Tidbury Green Parish Council have also submitted their representation to Solihull MBC.

As detailed on the attached notice a meeting with Tidbury Green Parish Councillors has been arranged to discuss the application and what it means for the community of Tidbury Green. The meeting will place on Wednesday 13th November at 7:00pm at Tidbury Green Village Hall, Dickens Heath Road. We hope to see you there.


October 2013Outline Planning Application submitted for residential development of up to 190 dwellings with associated infrastructure, including means of access, sustainable Drainage System and open space. - when the new window opens insert planning application number 2013/1705 to view the details and documents relating to the application.

 

Consultation on proposed Development

Homes and businesses within a 1 mile radius of this site should have received a consultation Leaflet, on behalf of Lioncourt Homes. It details their intentions to submit an outline Planning Application to Solihull MBC during August 2013. The current proposal is to build 185 houses. A link to the leaflet can be found below.

As detailed in the document there will be a public exhibition at Earlswood Methodist Church Hall on Tuesday 4th June 2013, 3:30pm - 7:30pm. The consultation document also provides details on how you can feed back your views during the consultation period.

Public Consultation Leaflet

 

Development of land at Lowbrook Farm

Latest Update

As detailed above, a legal challenge was submitted to the High Court, by Gallagher Estates (Lowbrook Farm) and LionCourt Homes (Tidbury Green Farm). The judgement to the High Court appeal made by Gallagher Estates and LionCourt Homes, was made public on the 1st May 2014. The appeal succeeded on 2 of the 3 grounds raised against Solihull MBC, which relate the housing need figures used in developing the plan and its method used to assess revisions to the green belt boundary (Lowbrook Farm and Tidbury Green farm)

This means that SMBC has to reconsider its housing needs and the method it used to assess revisions to the greenbelt boundary.

Besides paragraphs in the Solihull Local Plan dealing with housing numbers that have been deleted, the paragraph relating to the two sites in Tidbury Green that were to have been returned to the Green Belt has also been deleted. SMBC stress that this does not necessarily mean the sites are suitable for development or can now be developed.

SMBC asked the judge for permission to appeal his decision and that was been refused. However SMBC stated that they will be applying to the Court of Appeal for permission to appeal.

Whilst the Legal Challenge was taking place, the report from the Lowbrook Farm Planning Inspector was delayed and the decision of the planning inspector is still awaited. Solihull tried to argue that the decision should be further delayed whilst their application to appeal the judges decision is pending. Gallaghers, the Lowbrook Farm developers, argued against any further delay and the Planning Inspectorate agreed with them.

Latest Updates

The Planning Inspector  asked the parties who attended the Inquiry hearing if they would like to make any written comments about the recently published government Planning Policy Guidance (PPG). The Parish Council made a submission in response to the invite. We now await the final decision.

SMBC have now been granted leave to appeal the High Court Decision on the Solihull Local Plan. We anticipate that this appeal will take part in November/ December 2014.

 

October 2013 Update

The Inquiry reconvened and was completed on the 6th and 9th September 2013. It is anticipated that it will be a couple of months before a decision is reached.

August 2013 Update

Due to the illness of one of the barristers the inquiry that commenced on the 12th June 2013 did not see the completion of all required work. Consequently the inquiry will reconvene on the 6th and 9th September 2013.

 

June 2013

The Appeal Inquiry will take place at the Council House, Solihull on Wednesday 12th June 2013, commencing at 10:00am, to hear the evidence before an inspector. The inquiry is expected to last 3 days and your Parish Council will make representations at the inquiry. Members of the public can request to address the inquiry but must register on the first day.


February 2013:  The applicants to build 200 homes at Lowbrook Farm have appealed SMBC’s decision for refusal.  The appeal can be found at the Planning Portal and inserting the appeal case number 2192128.

The deadline to submit any further comments is 21st March.

 

30th January 2013: Solihull MBC Planning Committee decided 6 to 3 to reject the application to build at Lowbrook Farm.

SMBC Planning Committee minutes for 30th January 2013 - item 7.

 

16th January 2013: The Solihull MBC Planning Committee meeting on 16th January 2013 was attended by 30 Tidbury Green residents and both the Chair of the Parish Council, Peter Seddon, and Borough Ward Councillor Ken Hawkins addressed the meeting, speaking against the development. A final decision on the outline planning application was deferred for two weeks  pending legal counsel’s guidance as to the soundness of the reasons for refusal.  The next meeting of the Solihull Planning Committee is on Wednesday 30th January 2013.

SMBC Planning Committee minutes for 16th January 2013 - see item 7

January 2013: Following the period of consultation the planning application (PA2012/1627) will be on the agenda for the meeting of SMBC's Planning Committee held at 6:00pm in the Civic Suite on 16th January 2013.  Members of the Parish Council will be in attendance, with the Chairman registered to speak on behalf of the council.

 

October 2012Outline Planning Application - when the new window opens insert planning application number 2012/1627 to view the details and documents relating to the application.


Public Consultation leaflet

There will be a public exhibition on behalf of Gallagher Estates at Tidbury Green Village Hall, Dickens Heath Road, Tidbury Green on Friday 11th May 2012, 10.00am - 4.00pm and Saturday 12th May 2012, 2.00pm - 5.00pm

 

 

 

 

 

 

 

 

 

 
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