In October 2013 Outline Planning Application was submitted for residential development of up to 190 dwellings with associated infrastructure, including means of access, sustainable Drainage System and open space. Planning Application number 2013/1705.
The application by LionCourt Homes was rejected by the Planning Committee on 30th January 2014. The land at the time was defined as green belt land within the Solihull Local Plan and the development was considered inappropriate.
As detailed above, a legal challenge was submitted to the High Court, by Gallagher Estates (Lowbrook Farm) and LionCourt Homes (Tidbury Green Farm). They claimed that the land at the sites they control should not be have been returned to Green belt and that Solihull’s Plan was flawed in the way that it was put together.
The judgement to the High Court appeal made by Gallagher Estates and LionCourt Homes, was made public on the 1st May 2014. The appeal succeeded on 2 of the 3 grounds raised against Solihull MBC, which relate the housing need figures used in developing the plan and its method used to assess revisions to the green belt boundary (Lowbrook Farm and Tidbury Green farm)
This meant that SMBC had to reconsider its housing needs and the method it used to assess revisions to the greenbelt boundary.
Besides paragraphs in the Solihull Local Plan dealing with housing numbers that have been deleted, the paragraph relating to the two sites in Tidbury Green that were to have been returned to the Green Belt has also been deleted. SMBC stressed at this point that this did not necessarily mean the sites were suitable for development or can now be developed.
SMBC asked the judge for permission to appeal his decision and that was been refused. However SMBC applied to the Court of Appeal for permission to appeal.
On the 16th July 2014 the Parish Council received notification that Lion Court Homes had appealed the decision to refuse Planning Application Number 2013/1705 – Outline Planning Application to build up to 190 at Tidbury Green Farm.
Following the submission of the appeal Tidbury Green Parish Council submitted further written representation, detailing why they object to the proposal.
SMBC were granted leave to appeal the High Court Decision on the Solihull Local Plan.
The court hearing to consider the appeal made by Solihull MBC against the decision by the High Court Judge on the Solihull Local Plan took place on the 25th and 26th November 2014.
On the 17th December 2014 Solihull MBC’s appeal was dismissed by the Court of Appeal, failing on both counts: housing numbers and Tidbury Green sites.
Given that the only argument that Solihull MBC used to refuse the application was the green belt and the fact that this is no longer the case, SMBC made the decision, not to contest the appeal. The Planning Inspector held a 2 day public inquiry on 9th April to consider the appeal.
Tidbury Green Parish Council attended the public inquiry in April 2015 and presented a statement providing views and arguments against the proposal to build 190 homes. The Parish council felt that all relevant points including sustainability, scale, drainage and traffic volumes were discussed and given full consideration by the Planning Inspector.
During the Public Inquiry the appellants submitted additional documentation, including a defence document, responding to statements raised by objectors. The Planning Inspector provided the Parish Council and others with an opportunity to respond to the documents.
The Parish Council worked hard to gather evidence and develop a detailed report, supported by information gathered to demonstrate poor sustainability credentials of Tidbury Green. This report was submitted to the Planning Inspector.
In the August 2015 Tidbury Green Parish Council Parish Newsletter (August 2015), there were updates regarding the Lowbrook Farm and Tidbury Green Farm undecided planning appeals. At that time we were advised that the Planning Inspector dealing with the Tidbury Green Farm appeal, had submitted his final report to the Secretary of State for him to make a decision.
The Parish Council believed that to ensure consistency of decision making and due consideration of the cumulative impacts of the proposals, that the decision should have been deferred until the Secretary of State had the Lowbrook Farm report available, and a decision on both proposal should then have been reached at the same time.
The Parish Council has wrote the attached letter to Rt Hon Caroline Spelman MP and recommended that if Parishioners supported the views, that they also write to Rt Hon Caroline Spelman, requesting that she lobbied the Secretary of State. Attached are the Map andReport referred to within the Parish Council’s letter submitted to Rt Hon Caroline Spelman MP.
Despite this and all other efforts to oppose this proposal the Parish learnt that the appeal brought by LionCourt Homes to build 190 homes succeeded.
The applicant will need to submit a detailed planning application providing specifics of the proposal, including layout and design details. At this point the Parish Council will review the plans and proposals in depth and provide appropriate feedback to SMBC. Whilst this is not the desired outcome the Parish Council believe that they should work to contribute and help shape the design of the development and aim to achieve some benefits for the community.
Latest Update
The Parish Council were extremely disappointed to hear that the appeal brought by LionCourt Homes to build 190 homes succeeded.
The applicant will need to submit a detailed planning application providing specifics of the proposal, including layout and design details. At this point the Parish Council will review the plans and proposals in depth and provide appropriate feedback to SMBC. Whilst this is not the desired outcome the Parish Council believe that they should work to contribute and help shape the design of the development and aim to achieve some benefits for the community.
