Updates
Today we wanted to track back on a couple of recent pieces in Somerset Confidential and update you on how things are progressing.
Dear readers
Today we have updates on our articles about Packsaddle Fields (Fury at Somerset Council’s “capitulation”) and planning enforcement (Unitary But Far From Unified).
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Packsaddle Fields
Readers may recall that Somerset Council have taken action to remove the permissive footpath that crosses Packsaddle Fields at the request, they claim, of developer LiveWest. Packsaddle Fields is owned by Somerset Council and officers had supported a planning application from the developer to take green open space and fill it with houses.
A quick recap:
Local residents (who formed a group: People for Packsaddle) fought back, Somerset Councillors rejected the planning application from their own council and a Planning Appeal found they were right to reject it. Further the Secretary of State told the developer that if they tried to go to court, the Government would defend the decision and seek costs.
All of which sounds clear enough.
However, Somerset Council say they have received formal notice of legal action by the developer against the Council for breach of contract of Option Agreement (signed with Somerset County Council on 27th July 2022). Somerset Council’s John Kulasek claims that as a result: “either this Council fulfils its obligations within the contract with the developer and fully supports and aids the developer in its pursuit of planning permission, or it will face challenge for breach of contract.”
How closing a footway down on land which cannot be developed, and that has been legally determined, is going to help the developer is unclear. To date, Somerset Council has been unable to explain how shutting the footpath will help the developer gain planning permission. Nor have they been able to explain how planning permission would be possible, given the views of Somerset Councillors, a Planning Inspector and the Secretary of State.
Added to which, people for Packsaddle have questioned the veracity of the statement by the council. We are definitely in the realms of legal niceties here. They say that John Kulasek’s statement doesn’t accurately reflect the Option Agreement which only states: “4.10. The Owner must cooperate with the Developer and use reasonable endeavours to assist the Developer in obtaining a Planning Permission and in the Developer pursuing any Appeal.”
People for Packsaddle say that reasonable endeavours is a long way south of: “fully supports and aids the developer in its pursuit of planning permission.”
It also begs another question. Given the decision of the Planning Inspector and Secretary of State, is it possible for any endeavours to help gain planning permission, never mind reasonable ones?
The reality is that Somerset Council is in a hole of its own making. It has signed an Option Agreement with terms that it cannot fulfil and its legal team and planners failed to anticipate the issues that they now face when drafting the legal agreement. Perhaps they should have considered the matter more carefully?
People for Packsaddle wrote to Somerset Council putting this view to them on 9 March. Somerset Council, which repeatedly tells us it is a listening council, has so far failed to respond.
Meanwhile, other support for the local community has come forward. On 12 March, local MP Anna Sabine raised the issue in the House of Commons no less, naming LiveWest in the process. She said: “For decades, local people in Frome have used Packsaddle fields as a valued space for walking, recreation and nature. Plans to build housing on the site were refused twice last year, because of the harm it would cause to the communities who use the land. Despite that, and the fact that it has no live planning application, LiveWest is now taking legal action relating to access to the fields and has forced Somerset council to fence off the area, which simply denies local people the many benefits of being able to enjoy the outdoors. Will the Leader of the House urge the Ministry of Housing, Communities and Local Government to consider whether it can be reasonable for land to be fenced off in that way and help me to organise a meeting with the relevant Minister to discuss it?”
She was offered a meeting but it has yet to take place.
Meanwhile Frome Town Council Leader Cllr Fiona Barrows has also written to Somerset Council noting: “We recognise the difficult position Somerset Council now finds itself in due to the threat of legal action and the potential cost to the public purse at a time when the Council’s finances are already under immense pressure. However, the decision to fence off this valued green space in response to pressure from a developer whose proposals have already been rejected through the democratic planning process is deeply concerning.
More broadly, this situation reflects growing concern in Frome about our relationship with Somerset Council. Since the creation of the Unitary Authority, many residents feel increasingly disconnected from decisions affecting our town. We hope this moment can prompt reflection about how Somerset Council works with Frome in the future. Earlier collaboration, meaningful engagement and a clearer focus on development that genuinely meets local needs would go a long way towards rebuilding trust.”
Planning Enforcement
It is probably just a coincidence, but a few days after James Garrett’s article Unitary But Far From Unified, there has been movement from the Planning Enforcement team at Somerset Council.
An enforcement officer wrote to CPRE Somerset to advise them that he had visited the site in Huish Cleeve referenced in James’s article and served a Temporary Stop Notice.
This stops any further work on site from occurring for a period of 3 months. The council hope that the owner will now engage with them and the planning breach will be regularised.
They have promised that further enforcement action will be taken if necessary.
Unfortunately, there has been no similar joy for the residents of Burtle, but we’ll keep you posted if there is.
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Does the fencing off of an open space not require planning permission?