Object

Representation ID: 5143

Received: 19/12/2022

Respondent: St Philips

Agent: RCA Regeneration

Legally compliant? Not specified

Sound? Not specified

Duty to co-operate? Not specified

We have considered Policy HC10 and note that there is a lack of reference to character areas in major sites, so this should be given greater emphasis as it will be sought by the council in any case.

We also consider that the policy needs to be supportive of flexible approaches to planning applications (such as a hybrid outline) now that the Hillside Judgement has been released. The Hillside Judgment reaffirms the ‘Pilkington principle’. This establishes that where a development has already been built in accordance with and under a first permission, the ability to lawfully implement a second permission on part of the same defined site is dependent on whether it is physically possible to carry out that second permission based on what has already been caried out in the first permission. This occurrence is sometimes referred to as a ‘drop-in permission’.

With regard to point J in Policy HC10: ‘Gives safe and convenient ease of movement to all users prioritising pedestrians and cycle users’, this point, in our view, should include the requirements for developments to be adequately lit to ensure the safety of pedestrians and cycle users.

In order to be considered consistent with para 82 of the NPPF, this policy requires greater flexibility.