Lord Bracknell
On fire
An interesting letter landed on my doormat this morning:-
20 November 2006
TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 77)
APPLICATIONS BY BRIGHTON AND HOVE ALBION FOOTBALL CLUB LTD
LAND NORTH OF VILLAGE WAY, FALMER
APPLICATION NOs: BH2001/02418/FP, LW/02/1595, BH2003/02449/FP, LW/03/1618
1. I refer to the Order of the High Court dated 6 November 2006, quashing the decisions of the First Secretary of State contained in his letter dated 27 October 2005. The applications now fall to be re-determined by the Secretary of State for Communities and Local Government.
2. Rule 19 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 requires the Secretary of State to send to persons entitled to appear at the inquiry and who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of her further consideration of the applications. Her statement is as follows.
3. Having regard to the Order of the High Court and the evidence available to the Secretary of State at present, she wishes to invite representations on the following matters:
a) The location of the site of the proposed development in relation to the built-up area of Brighton and Hove as identified in the adopted Local Plan 2005; and the significance of that location for the purposes of the Secretary of State's further consideration of the applications, having regard to policies in the adopted Brighton and Hove Local Plan 2005, the East Sussex Structure Plan 1991-2011 and the adopted Lewes District Local Plan 2003;
b) The interpretation and application to these planning applications of the Government's policy in relation to development in Areas of Outstanding Natural Beauty (AONBs) as stated in Planning Policy Statement 7 (PPS7); including, in particular, consideration of the need for the proposed development, having regard to:
* any national considerations;
* the need for regeneration;
* the impact of permitting the proposed development, or refusing it, upon the local economy;
c) The approach to assessment of the alternative sites put forward for consideration by the Secretary of State; and the merits of those sites including, in particular, the accessibility of the Sheepcote Valley site;
d) Any new matters or changes of circumstances (including in relation to the proposed designation of the South Downs National Park) which the parties consider to be material to the Secretary of State's further consideration of these applications.
4. You are now afforded the opportunity of submitting written representations to the Secretary of State in respect of the above matters. The Secretary of State considers that a period of 35 days to submit representations is reasonable in the circumstances of this case. However, 35 days from today's date would give a response date of December 25th. Taking account of the Christmas holiday period, you are therefore asked to submit any representations you wish to make no later than 28 December 2006 to the address given on the first page of this letter. Alternatively, you may ask for the Inquiry to be re-opened. In deciding whether the inquiry should be re-opened, the Secretary of State will consider all views that may be expressed to her on this matter.
5. I am writing in similar terms to Brighton and Hove District Council, Lewes District Council, and other persons entitled to appear at the inquiry and who did appear at it. A copy of this letter is also being sent to other interested persons who appeared at the inquiry. Please note that any replies received may be copied to other parties for their comment.
Yours faithfully
20 November 2006
TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 77)
APPLICATIONS BY BRIGHTON AND HOVE ALBION FOOTBALL CLUB LTD
LAND NORTH OF VILLAGE WAY, FALMER
APPLICATION NOs: BH2001/02418/FP, LW/02/1595, BH2003/02449/FP, LW/03/1618
1. I refer to the Order of the High Court dated 6 November 2006, quashing the decisions of the First Secretary of State contained in his letter dated 27 October 2005. The applications now fall to be re-determined by the Secretary of State for Communities and Local Government.
2. Rule 19 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 requires the Secretary of State to send to persons entitled to appear at the inquiry and who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of her further consideration of the applications. Her statement is as follows.
3. Having regard to the Order of the High Court and the evidence available to the Secretary of State at present, she wishes to invite representations on the following matters:
a) The location of the site of the proposed development in relation to the built-up area of Brighton and Hove as identified in the adopted Local Plan 2005; and the significance of that location for the purposes of the Secretary of State's further consideration of the applications, having regard to policies in the adopted Brighton and Hove Local Plan 2005, the East Sussex Structure Plan 1991-2011 and the adopted Lewes District Local Plan 2003;
b) The interpretation and application to these planning applications of the Government's policy in relation to development in Areas of Outstanding Natural Beauty (AONBs) as stated in Planning Policy Statement 7 (PPS7); including, in particular, consideration of the need for the proposed development, having regard to:
* any national considerations;
* the need for regeneration;
* the impact of permitting the proposed development, or refusing it, upon the local economy;
c) The approach to assessment of the alternative sites put forward for consideration by the Secretary of State; and the merits of those sites including, in particular, the accessibility of the Sheepcote Valley site;
d) Any new matters or changes of circumstances (including in relation to the proposed designation of the South Downs National Park) which the parties consider to be material to the Secretary of State's further consideration of these applications.
4. You are now afforded the opportunity of submitting written representations to the Secretary of State in respect of the above matters. The Secretary of State considers that a period of 35 days to submit representations is reasonable in the circumstances of this case. However, 35 days from today's date would give a response date of December 25th. Taking account of the Christmas holiday period, you are therefore asked to submit any representations you wish to make no later than 28 December 2006 to the address given on the first page of this letter. Alternatively, you may ask for the Inquiry to be re-opened. In deciding whether the inquiry should be re-opened, the Secretary of State will consider all views that may be expressed to her on this matter.
5. I am writing in similar terms to Brighton and Hove District Council, Lewes District Council, and other persons entitled to appear at the inquiry and who did appear at it. A copy of this letter is also being sent to other interested persons who appeared at the inquiry. Please note that any replies received may be copied to other parties for their comment.
Yours faithfully
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