Examination Statement
Submission North Hertfordshire District Council Local Plan 2011-2031
Objection to Further Proposed Main Modifications MM010/FM039, MM012/FM041, MM217/FM113, MM215/FM111, MM216/FM112, MM219/FM114, Comment on Examination Documents ED170 and ED175, Objection to the lack of transparency in the process, and the Omission of a Further Modification to remove BK3 from the Plan.
 
Prepared by Jacqueline Veater BTP, MA, MRTPI, Govresources Ltd.

Commissioned for Barkway Parish Council
Mrs Catharine Toms, Clerk to Barkway Parish Council, The Reading Room, 12 High Street, Barkway, Royston, SG8 8EE
parishclerk @ barkway-village.co.uk
 
(PDF version available here)
 
Introduction
  1. This objection statement was prepared by Jacqueline Veater BTP, MA, MRTPI of Govresources Ltd. on behalf of Barkway Parish Council to the Further Main Modifications to the North Hertfordshire Local Plan 2011 – 2031 (the Plan), May 2021.
  2. This statement relates to several Further Modifications listed below, including housing numbers for Barkway and contributions from development in Barkway towards sustainable travel to school. This statement is also an objection to the justification for the integration of the Reserve School Site into BK3; and the lack of transparency in the process that has denied the Parish Council the opportunity to support the removal of BK3 from the Plan as requested by North Hertfordshire District Council (NHDC), or to object to a Further Modification not to remove BK3 from the Plan
  3. We object to parts or the whole of the content of the following Further Modifications, including aspects of the justification put forward to support them.
MM010/FM039, p.32, Policy SP2, Settlement Hierarchy and Spatial Distribution
MM012/FM041, p.33, New paragraph after paragraph 4.12
MM217/FM113, p.144, Table after Policy BK3
MM215/FM111, p.144, Policy BK2
MM216/FM112, p.144, Policy BK3
MM219/FM114, p.144, Paragraph 13.39
  1. We also object to the following Examination Documents which have been submitted to the Examination between November 2019 and March 2021:
ED170 Council's further response to Inspector’s Letter of 9 August (EX168)
ED 175 Council’s response to Inspector 9 July 2019
  1. Finally, we object to the lack of transparency over this most recent part of the Examination process that has not provided the opportunity for the Parish Council to fairly state its case in relation to BK3, and the omission of a Further Modification refusing NHDC’s request to exclude BK3 from their Local Plan.
Summary of ObjectionsMM010/FM039, p.32, Policy SP2, Settlement Hierarchy and Spatial Distribution
  1. Policy SP2 has been amended to state that “Approximately 13% of housing, along with supporting infrastructure and facilities will be delivered within the adjusted settlement boundaries of the following five villages for the levels of development indicated: Barkway (208)”.
  2. There is a note attached to the modification which says “Indicated figures for the five villages are for development within the adjusted settlement boundary and will not be the same as the figures presented in Chapter 13 which are for the whole parish.
  3. The figure of 208 homes for Barkway is unsubstantiated.
MM012/FM041, p.33, New paragraph after paragraph 4.12
  1. The new paragraph after 4.12 begins “Five villages have been identified that will support higher levels of new housing allocations than the Category A villages:” […]
  • Barkway as a focus for development in the rural east of the District”.
  1. The reasons put forward to justify this Further Modification was for effectiveness.
  2. Barkway has been wrongly identified as a village that will support higher levels of new housing allocations than the Category A villages.
 
MM217/FM113, p.144, Table after Policy BK3
  1. This table updates the housing figure for Barkway Parish since 2011. It includes Total allocated sites (173), Completions and permissions (57) and Total allocated, completed and permitted (230).
  2. The reason put forward for this modification is that it updates housing monitoring information.
  3. These figures are wrong and include double counting.
MM215/FM111, p.144, Policy BK2 and MM216/FM112, p.144, Policy BK3
  1. These two Further Modifications introduce identical wording as a bullet point in Policies BK2 and BK3 as follows: “Contribution towards travel by sustainable modes of transport between Barley and Barkway schools”.
  2. This sentence proposes that S106 contributions for development in Barkway should be unfairly shared with Barley.
MM219/FM114, p.144, Paragraph 13.39
  1. Paragraph 13.39 has been re-written and containing the wording “Contribution towards travel by sustainable modes of transport between Barley and Barkway schools”.
  2. This sentence proposes that S106 contributions for development in Barkway should be unfairly shared with Barley.
ED170 Council's further response to Inspector’s Letter of 9 August (EX168)
  1. This Examination document puts forward the argument for the new “Villages for Growth” category as a factual reflection of the five settlements outside the towns where more than 200 homes are anticipated to be delivered.
  2. Following NHDC’s letter to the Inspector of 23 Nov 2020 recommending that BK3 be removed from the Plan, this statement became false.
ED 175 Council’s response to Inspector 9 July 2019
  1. This Examination Document describes the approach NHDC were taking at that time, to justify the inclusion of the Reserve School Site into BK3.
  2. Following NHDC’s letter to the Inspector of 23 Nov 2020 recommending that BK3 be removed from the Plan, the Reserve School Site would remain as it was originally represented in the Plan, as a Reserve School Site. This is the correct way to deal with the site.
 
 
Transparency and Omissions
  1. The transparency of the process following the latest set of hearings with no public correspondence from the Inspector or reasoning for not agreeing to NHDC’s request to remove BK3 and retain the Reserve School Site as such, is faulty and the Parish Council has no confidence in the conclusions or the reasoning that has led to them.
  2. This situation needs to be rectified so that comments can be made on the Inspectors thought process.
  3. The lack of discussion about BK3 and the position with the Reserve School Site at the Hearing on Matter 30 is also of concern.
  4. The proposal to delete BK3 from their Plan, by NHDC has not be registered as a Modification of any kind. The fact the proposal has been rejected has not generated a Further Main Modification has resulted in there being nothing for Barkway Parish Council to object to.
  5. A failure has occurred in the process.

 
Reason for Objection – Inconsistency in Settlement Hierarchy justification and Evidence of Number of HomesMM010/FM039, p.32, Policy SP2, Settlement Hierarchy and Spatial Distribution
MM012/FM041, p.33, New paragraph after paragraph 4.12
MM217/FM113, p.144, Table after Policy BK3
  1. Modification MM010/FM039 shows the figure for housing in Barkway has been reduced by one home to 208.
  2. The Sustainability Appraisal Addendum Table 2 shows MM010/FM039 to include “Barkway is re-categorised as a Category A village” to be screened into the SA. We very much wish this was the case. However, in the Schedule of Further Proposed Main Modifications, Barkway has not been re-categorised as a Category A village.
  3. We continue to challenge the categorisation of our village. Barkway does not have enough services to be a Category A village, let alone a village that has been identified to support higher levels of new housing allocations than the Category A villages and be a focus for development in the rural east of the district (MM012/FM041).
  4. In the Barkway Section of Chapter 13 after the policy for site BK3 there is a table summarising the housing position for the parish (MM217/FM113). The figures are incorrect. The total number of homes should be 217 and not 230. The number of completions and permissions has been increased by the number of homes with permission on BK1, which is double counting the homes allocated on BK1.To be factually correct, based on the inclusion of BK3 as a site allocation and the removal of BK1 (recently completed), the table should be corrected with the blue bold figures:
  

  1. This issue with incorrect figures must be justified and explained with evidence.
  2. How is the figure of 208 homes within the settlement boundary made up in MM010/FM039?
  3. The figures in MM217/FM113 are stated as being within the Parish. How is the completions and permissions figure in the table made up?
  4. Of the additional documents the Inspector is inviting comments on, document ED170 Council's further response to Inspector’s letter of 9 August (EX168) refers in paragraph 3.3 to the new ‘Villages for Growth’ category as a factual reflection of the five settlements outside of the towns where more than 200 homes are anticipated to be delivered over the Plan period. The total of individual allocations (along with existing completions and permissions) for Barkway was stated as 209.
  5. Delivery, through the Local Plan, should relate to actual allocations of which there were only ever 173 and are now only 160. Barkway should never have been identified as a village with housing allocations totalling over 200 homes. In ED210 23 Nov 2020 ‘NHDC note to Inspector concerning Site BK3 Barkway’, paragraph 17 said:
“In terms of the other proposed allocations within the village, site BK1 has been developed and completed since the original hearings and it has been proposed this allocation is deleted (ED191B, paragraphs 14&15, p.3). It is proposed that Policy BK2 be retained. It is considered that this level of development is commensurate to the likely sustainability credentials of Barkway over the period to 2031 and consistent with national policy.”
The point being that the development to of Site BK1 together with Site BK2 constituted the right level of development for the village.
  1. The anticipation of the delivery of over 200 homes in Barkway was based on the inclusion of Site BK3 which NHDC later agreed should be deleted from the Local Plan.
  2. The housing figures for Barkway should be correct and clearly justified.
Reason for Objection – S106 Contributions Shared with BarleyMM215/FM111, p.144, Policy BK2
MM216/FM112, p.144, Policy BK3
MM219/FM114, p.144, Paragraph 13.39
  1. The contribution towards travel by sustainable modes of transport between Barley and Barkway schools, from construction of new homes in Barkway, is mentioned three times in the Schedule of Further Proposed Main Modifications.
  2. The Further Proposed Modifications in relation to BK2, BK3 and in paragraph 13.39 mention consideration of a school bus service between Barkway and Barley schools (presumably in perpetuity, as discussed at the recent hearing). Barkway Parish Council are aware that the landowner had previously dismissed the idea.
  3. Barley school is in Barley. S106 money payable on a large housing site in Barkway should not be spent on something for the benefit of Barley Parish. Barkway would effectively be being penalised.
  4. In addition, this would use up most if not all the S106 money. Barkway Parish Council was consulted on how they would want the estimated £500,000 to be spent in the village. The Parish did not suggest the S106 money should be spent on a school bus but did detail how they wanted the money spent. If this amendment was to be approved by the Inspector, then it would leave very little for the village in general and voiding the earlier discussions with the Parish Council.
  5. A school bus is already being provided, free of charge, by the generosity of Newsells Park Stud. Barkway Parish Council therefore object to this Further Proposed Modification on the basis that we have already identified the benefits we want to see for Barkway from the development of BK2 and BK3 and a free sustainable travel service already exists.
  6. Each of these three modifications should be deleted.
Reason for Objection – Inclusion of Reserve School Site in BK3ED 175 Council’s response to Inspector 9 July 2019
  1. The integration of the Reserve School Site owned by Hertfordshire County Council is discussed in document ED 175 Council’s response to Inspector 9 July 2019 Letter - Paper E (Additional Land) in relation MM389 (Enlarge housing allocation BK3 to include reserve school site). This paper documents the amendments to the Policies Map. ED 175 refers to the justification for this approach which was explained in a note submitted by the Council to the examination (ED148A, pp.3-5). This set out the Council’s view that “this change is the most pragmatic response having regard to the position of the education authority (HCC) and the approach taken for other sites in the Local Plan.”
  2. Barkway Parish Council continues to dispute the approach and the justification for the approach. The reserve school site, which will likely never be required by Hertfordshire Country Council should not be included in the housing site allocation BK3. This land is not housing land and should not be allocated as such.
Reason for Objection – Lack of Transparency and Omissions
  1. The most worrying of the outcome of the most recent Local Plan Examination hearings is that there has been no publicly available correspondence from the Inspector to explain how the decision has been made on the content of the Schedule of Further Proposed Main Modifications. Following the Main Modifications Consultation, the Inspector received and commented on a Draft Schedule of Main Modifications. There is no evidence that this process has been followed for the Schedule of Further Modifications. NHDC have informed our Local Councillor that the Inspector has told them that BK3 is to stay in the Local Plan as a Site Allocation and that it should include the Reserve School Site.
  2. In terms of the discussion on Barkway and BK3 and Barkway Parish Councils opportunity to object to the current proposed situation, our planning consultant was instructed by the Inspector at the hearing session on Matter 22 on Tuesday 24 November 2020, not to mention Barkway. The subsequent note published on the hearing sessions page of NHDC’s website https://www.north-herts.gov.uk/further-hearing-sessions-2020/hearing-sessions-timetable-and-documents on 25 November confirmed that the Inspector would not be discussing Barkway or Site BK3 at the Hearing Session for Matter 25 New land proposed for allocation (Site BK3)on 3 December or at the Matter 26 Hearing Session on 8 December. Our planning consultant did not attend these later hearing sessions.
  3. In ED211 25 Nov 2020 ‘Inspector’s note on Site BK3’, the Inspector says:
“As a consequence of this, I will not now discuss Barkway or Site BK3 at the hearing session for Matter 25 on 3 December or at the Matter 26 hearing session on 8 December. Instead, I will arrange for an entirely separate hearing session focussing on the modifications the Council now proposes.”
  1. All discussions on Barkway were held over to Matter 30 Barkway and Site BK3, including the new land proposed for allocation with Site BK3. This was programmed for Monday 1st February 2021. At that hearing session, most of the discussion heard by the Inspector was about housing sites in the Green Belt, from contributors who had no interest whatsoever in the Barkway Site BK3. Their only interest was in using the opportunity to discuss how sites in the Green Belt should be removed from the Local Plan in preference to the removal of Site BK3. Site BK3 is not in the Green Belt and so most of the discussion was irrelevant.
  2. The hearing session about Barkway and BK3 which was supposed to focus on the modification put forward by NHDC was in effect hijacked. As a result, Barkway Parish Council believes it has not had fair or proportionate opportunity to put its case against the inclusion of Site BK3 in the Local Plan or to uphold NHDC’s request to remove Site BK3 from their Local Plan.
  3. Because the Inspector has decided that there should be no change to the Local Plan following on from the Matter 30 discussion, there is now no opportunity to object to the decision, as it was not put forward as a modification and has become invisible.
 
 

 
Conclusion
  1. The following amendments are necessary to ensure that the Plan is properly prepared, justified, factually up to date and effective.
MM010/FM039 – Amendment required:
  1. Justify the figure of 208 homes and justify how the village will be delivering more than 200 homes.
MM012/FM041 Amendment required: –
  1. Remove Barkway from the list of five villages that can support higher levels of housing site allocations than Category A villages.
  2. In relation to MM010/FM049 and MM012/FM041 above, and the statement in ED170 paragraph 3.3 that Barkway delivering more than 200 homes is a factual reflection. An amendment must be made to provide the justification, or the village be removed for the higher growth category.
MM215/FM111 (in relation to Policy BK2):
  1. The bullet point which says, “Contribution towards travel by sustainable modes of transport between Barley and Barkway schools” must be deleted, along with any reference to sharing contributions from development in Barkway, with Barley.
MM216/FM112 (in relation to Policy BK3):
  1. The bullet point which says, “Contribution towards travel by sustainable modes of transport between Barley and Barkway schools” must be deleted, along with any reference to sharing contributions from development in Barkway with Barley.
MM219/FM114/FM115 (in relation to Paragraph 13.39/13.30)
  1. The sentence stating, “Contributions to support sustainable travel between the two sites should be secured from new developments.” must be deleted, along with any reference to sharing contributions with Barley.
Justification for the Reserve School Site/ED 175
  1. The justification for the inclusion of the Reserve School Site within Site BK3 as a housing allocation (MM216 and MM219) is faulty. If Site BK3 is to remain in the Local Plan, the Reserve School Site should not be included in the BK3 Housing Allocation Site.
Lack of Transparency
  1. There has been no public correspondence between the Inspector and NHDC on the Draft Schedule of Further Modifications. This has resulted in the decision not to exclude Site BK3 from the Local Plan, and therefore not to include the Reserve School Site in BK3, having no modification assigned to it. The decision has not been transparent. The decision not to exclude Site BK3 from the Local Plan should be a Further Modification which Barkway Parish Council can challenge.