POLICY & PLANNING LAW
Neighbourhood Planning
The Localism Act 2011 provides National Planning Guidance for Local Authorities.
A paper published by the UK government titled “Guidance - Neighbourhood Planning” sets out detailed guidance for Local Authorities including the following statement:
“Where a Neighbourhood Development plan has been “made” the Local Authority is required to follow the policies contained therein”.
A referendum on The Hilperton Neighbourhood Development Plan was held 1st November 2018 and Wiltshire Council confirmed that said plan was now “made”.
The Inspector's comments: “There is no need for the Neighbourhood Development Plan to consider in more detail anything other than local need in accordance with its Large Village status under WCS Core Policies 1 and 2. Because this need is modest and is likely to be met through windfall developments, it has not been found necessary to allocate sites for homes in the Neighbourhood Plan at this time. This however is subject to monitoring and review during the plan period”.
HAAG believes this last sentence should not enable Wiltshire Council to completely ignore the spirit and intent of the Neighbourhood Development Plan.
Hilperton Village Design Statement Part 2: Planning Guidance
"The open countryside setting is an essential part of Hilperton’s rural character. Recommendations: the natural beauty of the landscape including flora, fauna features should be respected and where appropriate enhanced and protected; new development in open countryside should be avoided."
Hilperton's Neighbourhood Development Plan
The original Hilperton Neighbourhood Development Plan was for the period 2017-2026, the dates chosen to tie in with the Wiltshire Core Strategy. It had not been anticipated that this would be due for any substantial revision, but in the light of the Trowbridge Local Review there is a need for urgent review of the plan.
The Neighbourhood Development Plan drew on the work of the Village Design Statement, which was completed in 2004. There were a number of documents that provided background information to the Neighbourhood Plan: the Consultation document; Scoping and Background Evidence Report; the Landscape and Visual Evidence Report. These examined the importance of location as well as the economic, social and physical needs of the community.
In the above documents the Hilperton Gap was identified as an important visual and recreational asset for Hilperton; there was no discussion regarding the merits of areas to the East and North of Hilperton as these were not considered to be under any threat of development and were outside the village policy limits.
Proposed Development
The Wiltshire Core Strategy quoted in the Neighbourhood Development Plan states:
“It is recognised that the villages surrounding Trowbridge, particularly Hilperton, Southwick, North Bradley and West Ashton have separate and distinct identities as villages. Open countryside should be maintained to protect the character and identity of these villages as separate communities.”
The location of the proposed development is principally on Greenfield sites: a mix of improved and unimproved pasture and arable fields. There is also a small industrial area. Many hedgerows have been cleared since being initially documented on the 1837-8 Tithe Map, but there remain old boundaries: hedges, ditches and byways.
Wiltshire Core Strategy
The massive proposed development in the Hilperton area contradicts several points in the Wiltshire Core Strategy of January 2015:
Core Policy 1
4.15
“At Large Villages, settlement boundaries are to be retained”.
“Development outside the settlement boundary will be strictly controlled. Relaxation of the boundaries will only be supported where it has been formally reviewed through a subsequent DPD ( Housing Sites Allocation Development Plan Document) or a community led Neighbourhood Plan”
5.150
It is recognised that villages surrounding Trowbridge, particularly Hilperton, Southwick, North Bradley and West Ashton have separate and distinct identities as villages. Open countryside should be maintained to protect the character and identity of these villages as separate communities.
Core Policy 29
Hilperton is identified as a Large Village as are North Bradley and Southwick.
Wilts. Site Allocation Plan adopted Feb.20
2.8.
Settlement boundaries have been used in development plans for the County for a number of years. The WCS retains them.
In general, development within the settlement boundary is, in principle, acceptable, whereas development outside the settlement boundary is, with limited exceptions, not acceptable.
2.22
“...and where neighbourhood plans have been made or are well advanced the Plan leaves decisions on the scale and locations for growth in settlements to the communities concerned”
Appendix A from the above document clearly states that the historic boundary of Hilperton is to be retained.