Aylesbury Vale Area

Object

VALP Main Modifications

Representation ID: 2771

Received: 24/11/2019

Respondent: Mrs Mandy Lewcock

Legally compliant? No

Sound? No

Representation Summary:

I object to the VALP Proposed Main Modifications because of Non-Compliance or Issues with the following (all references contained in my full representation):-
1. HELAA Methodology paras 1.20, 1.21, 2.15; Appendix 2.
2. PPG paras 3-008, 3-019.
3. Settlement Hierarchy (para 5.16).
4. Inspector's Interim Findings paras 36, 41.
5. NPPF paras 17, 34, 112, 151, 155, 158, 165, 182.
6. VALP paras 4.120 (now para 4.1), 4.152 (now para 4.147), 4.153 (now para 4.148) 9.51.
I consider that the entire allocation is unsound and not legally compliant.

Change suggested by respondent:

Policy MMO006 needs to be deleted from the VALP to ensure that the VALP is sound and legally compliant.

Full text:

I object to the VALP Proposed Main Modifications for the following reasons:-

 Insufficient consideration has been given to the rural setting of site MMO006, which is in contravention of NPPF (paras 17 and 112), and allocation of the site is inconsistent with VALP para 9.51. In particular, VALP para 9.51 has been informed by HELAA v3 (2016) whilst site allocations in the VALP have been informed by HELAA v4 (2017). Para 9.51 is therefore wrong if site MMO006 remains as an allocated site in the VALP, and retaining site MMO006 in the VALP makes the VALP unsound.

 The allocation of site MMO006 is contrary to NPPF para 34 as inadequate consideration has been given to highways and public transport; refer to the assertion in the Inspector's Interim Findings para 36, which he says makes the VALP unsound. The unsuitability of the narrow lanes to take the additional traffic from this development is a major source of concern - there has been an RTA fatality in the recent past. On the basis that it is in breach of the NPPF, the entire allocation is unsound and not legally compliant.

 This Final Consultation includes consultation on the Sustainability Appraisal. The allocation of site MMO006 is in conflict with VALP para 4.152 (now para 4.147), which claims that the most sustainable site in Maids Moreton has been allocated for development. In fact, the Technical Annex to the VALP Sustainability Appraisal shows site MMO006 as being the least sustainable site in Maids Moreton. Why has this anomaly been allowed? Allocating site MMO006 in the VALP is in contravention with NPPF paras 151 and 165, and makes para 4.152 (now para 4.147) of VALP factually incorrect. This alone causes the allocation to be unsound and not legally compliant.

 There has been a total lack of public consultation on the amendment in HELAA v4 which designated this site as 'suitable' for development; neither was there any consultation with Maids Moreton Parish Council, Buckingham Town Council or Foscote Parish Meeting. The consultation on HELAA v3 showed overwhelming support for the site being designated as 'unsuitable' for development. The only consultation thereafter was the public consultation on the Submission VALP, which consulted on the allocation of the site in the Submission VALP not the designation of the site as suitable for development in the HELAA. Relying on the designation of this site in the HELAA as a source of evidence would therefore be in breach of NPPF para 155, HELAA Methodology paras 1.20 and 1.21, and the PPG para 3-008. It is also incompatible with HELAA v4 appendix 2. I do not agree with increasing the size of the plot and no longer limiting the number of houses to 170, and I consider that the allocation itself is unsound and not legally compliant.

 During the Examination Stage regulation 19 objectors were initially informed that site MMO006 would be deleted from the VALP, but were not made aware that AVDC had changed its position with regard to the allocation of this site prior to holding a hearing session. This is manifestly wrong. The allocation still has not been adequately and openly scrutinized and remains procedurally unfair. Because of this, I neither agree with the modifications nor accept that the allocation itself is sound and legally compliant.

 The designation of site MMO006 as 'suitable' for development in HELAA v 4 is not based on any evidence, and is therefore conflicting with VALP para 4.120 (now para 4.1). If this source of evidence was used for the allocation of the site, it would be in contravention of NPPF paras 158 and 182. The allocation itself is unsound and not legally compliant.

 I have been unable to find any evidence that a robust Groundwater Run-Off Assessment has been undertaken. As our driveway and path have been inundated on many occasions, the most recent being 14th November, the lack of an Assessment of the impact of 170 houses in the vicinity demonstrates further that the whole process is unsound.

 The v4 modification has added the words 'at least' 170 houses. Maids Moreton is a 'smaller village' as defined in the Settlement Hierarchy para 5.18: see ED228 - it only has 4 key criteria. The allocation of site MMO006 in a 'small' settlement is unsound and not legally compliant. In addition, a further allocation of 12 dwellings has been made in MM283, which raises the total number of proposed dwellings in Maids Moreton to 182. VALP para 4.153 (now para 4.148) shows that 170 houses are excessive even for a 'medium' village, which Maids Moreton is not. I do not agree with the modifications in MM101 of increasing the size of the plot and no longer limiting the number of houses to 170, and the inaccuracy in the Settlement Hierarchy renders the entire allocation of site MMO006 unsound and not legally compliant.

 The designation of the site in HELAA v4 does not properly follow HELAA Methodology (paras 1.20, 1.21 and 2.15). It does not meet the factors that should be considered when assessing the suitability of a site for development (PPG para 3-019). The whole allocation, therefore, is not legally compliant.