Eastney Naturists

Campaigning to Save the Beach

Letter sent by PCC to QinetiQ, dated 9 August 2010


Nearly five years have elapsed since, on 30th November 2005, the Council’s Development Control Committee resolved to authorise me to grant outline planning permission, subject to the completion of legal agreements.

Since then there have been many changes in the relevant circumstances, not just in relation to the planning policy framework, but other factors too. I attach to this letter an appendix listing the matters where I believe the context has changed. Your consultants may be able to identify other areas that also need updating.

In my opinion these factors are material considerations, and I cannot be satisfied that if they were taken into account the Committee would reach the same decision. Accordingly I am under a duty, before issuing any consent to refer the application back to the Committee for their consideration in the light of all current relevant considerations; see Kings Cross Railway Lands Group v LB of Camden [2007] EWHC 1515 and R (Irene Kides) v South Cambridgeshire DC [2002] 4 PLR 66.

In order to take this matter forward therefore I propose to adopt the following timetable: I require the submission of all information including an updated Environmental Assessment including results of bird surveys, plus Transport Assessment   within 3 months of the date of this letter. I hope you are able to meet this timetable.  If the additional information is provided within the timetable then I expect the application could be in a position to be reported following a further 3 month period allowing for public consultation and as well as statutory consultation

With regard to the outstanding agreements, this will provide a sufficient opportunity for negotiations to be concluded so that, in the event that the Committee decide it would be appropriate to grant permission, the agreements can be concluded without delay and the consent issued accordingly.
Yours sincerely

Head of Planning Services


Changes in Policy Framework

The information accompanying the applications needs to address the following changes in national guidance:-          

PPS1 plus Planning and Climate Change Supplement 2007
PPG3 replaced by PPS3
PPG9 replaced by PPS9
PPG15/16 replaced by PPS5
PPG20 replaced in part by PPS25 Supplement – Development and Coastal Change
PPG25 replaced by PPS25 including accompanying Practice Guide

Local Planning Policies

Hampshire County Structure Plan has been superseded as has Portsmouth City Plan 1995.  Document needs to have regard to saved policies of the Portsmouth Local Plan 2006 and the emerging policies in the Portsmouth Plan (Core Strategy).  The applications also needs to be assessed against new intervening policies set out in the following Supplementary Planning Documents:-

Air Quality SPD
Tall Buildings SPD
Residential Parking Standards SPD
Reducing Crime Through Design SPD
Planning Obligations SPD

You should also have regard to the document Providing Affordable Housing in Portsmouth.

Environmental and Other Information

Traffic Assessment – need to update survey information based on 2004 survey, plus up to date accident information, LTP Policy Framework, bus services.

Air Quality information – needs to be updated.

Human Beings – submitted information now out of date e.g. population projections, retail spend based in 2003 figures.

Archaeology and Cultural Heritage – needs to be updated to reflect listing of anti-tank emplacements on Eastney Beach.

Ecology – applications needs to be based on up to date survey information including results of breeding bird survey.

Cumulative Effects – this needs to be updated to reflect current commitments.

Policy and legislative section needs to be brought up to date.

Flood Risk Assessment – needs to be based on up to date information including Strategic Flood Risk Assessment. 

© Eastney Naturist Beach Liaison Group- Eastney Naturists