Object

Representation ID: 5252

Received: 21/12/2022

Respondent: CCB Investments

Agent: RCA Regeneration

Legally compliant? No

Sound? No

Duty to co-operate? No

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. 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 Judgement2 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 carried 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 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.