Campaign to save the 'Grassy Patch'
...the green space adjacent to Blackies Lane. This page was last updated on: 14th December 2022.
This land, known locally as the 'Grassy Patch', is popular with Aston Lodge residents, walkers, dog walkers and those interested in nature (as it provides a wildlife haven for many different species). So, when residents heard about plans to build on this land in 2016, they decided that they would prefer to save it as an 'open green space', in keeping with the theme of the estate (regularly interspersed with green spaces).
The following report, charts the course of events, from the first planning application, to the present day.
2016
April
Fradley Developments apply to build 10 executive homes.
Stafford Borough Council (SBC) deny the application because the plot is outside the settlement boundary and local housing needs are met.
2017
February
Fradley submits a new development plan, for up to 20 affordable homes, citing the C5A Rural Exception Policy as criteria for allowing the application on land that is outside the settlement boundary.
June
Stafford Borough Council gives outline approval for the application subject to Section 106 provisions.
July
Town Councillor Andy Osgathorpe, campaigner for green spaces, raises public awareness of the application and SBC's approval, which he believes is an error given the C5A Rural Exception Policy should not apply to Stone, a medium sized town and given that the site is within the town boundary.
Aston Lodge Residents Association (ALRA) is formed to galvanise the community and carry out its wishes, regarding the site and planning application.
November
With the support of residents, ALRA successfully persuades SBC to review the application and overturn their previous decision, thus denying planning application.
2018
May
HM Planning Inspectorate agrees to hold an inquiry into the planning application and the SBC decision at the request of Fradley Developments.
ALRA receives significant feedback, support and donations from residents which instructs and enables ALRA to get appropriate legal advice for the hearing.
October
ALRA participates at the hearing as an 'interested third party' ready to present evidence and fight the case on several fronts including ecology, flood risk and C5A Rural Exception Policy.
SBC admits at the inquiry that its C5A Rural Exception Policy is badly worded and therefore indefensible, despite their own glossary of terms, making clear the wording used within the plan.
2019
January
The inspector rules in Fradley's favour based on this. All other evidence is considered incidental because of SBC's capitulation at the hearing.
March
ALRA launches an appeal directly to the Secretary of State for Housing, resulting in the inspector's decision being overturned, on the basis that aspects of the evidence at the first hearing, were not properly considered.
May
A second inquiry is announced, with a new inspector. ALRA consults with the residents to establish if they wish to continue to fund the case. As a result of significant support and further donations from residents, ALRA is able to participate in the inquiry, with professional legal advice and the services of a barrister.
November
The second inquiry is held. It is more thorough and even handed, with SBC mounting a more detailed defence on housing supply. ALRA's barrister presented on the flawed policy wording. Fradley's legal team fought on housing need and policy wording. Residents presented on flood risk.
2020
October
Inspector visits the proposed site, on 28th October.
November
The redetermination hearing was held, on 3rd November. The inspector visits the site for a second time, on 10th November.
2021
January
The inspector found in Fradley's favour, but with considerable restrictions to the proposed development.
Here is a summary of the decision notice:
- The inspector has determined that the C5A Rural Exception Policy is applicable to the site. This is his view, based on the literal wording of the policy, but ignores the Development Plan glossary definition.
- He acknowledges that SBC are meeting housing targets, but determined that the development of this site is small scale compared to the overall Local Development Plan and is thus acceptable.
- He has determined that only half of the site can be developed, because the other half is now designated as Flood Zone 2 and 3. This reduces the potential development.
- He acknowledges that the site on Lichfield Road, which has planning permission for shops and 20+ affordable homes, is not yet viable because a Housing Association will not take on the homes, unless Stafford is included in the catchment cascade area for residents.
- The inspector agrees with the first inspector, who determined that the ecology of the grassy site does not afford it being specially protected. He states that the ecology of the area will not be materially harmed, providing the necessary mitigation is written into the planning permission details.
- The inspector states that he has sympathy for the case put forward by ALRA, regarding the interpretation of C5A, but he gives more weight to the precise wording of the C5A policy document, rather than a common-sense interpretation.
2022
June
No new planning application has been submitted for the Blackies Lane site. Feedback from SBC officers confirms that housing providers have not shown interest in this site, or the similar site at Lichfield Road, which is prerequisite for any planning application for affordable homes on a rural exception site.
September
A revised planning application for the 'Land Adjacent to Lichfield Road' (near Watson's Scrap Yard), was submitted: 22/36324/FUL.
The above land, has had an outline planning application on it, since October 2018,'seeking planning permission for affordable (local) housing and a local shopping and service centre including the provision of a local food store' (18/27783/OUT).
The developer for this site has used the same misinterpretation of the C5A - Rural Exception Policy that Fradley Developments has used, to propose the building of affordable homes on the Blackies Lane site. Both sites are outside the settlement boundary and do not form part of the current Local Development Plan for housing.
- SBC have confirmed that no other enquires have been made about the Blackies Lane site (or any other site around Stone), based on the C5A policy interpretation.
- SBC have stated, that they are looking to improve the wording of their C5A policy, to prevent future misinterpretation by developers. They've also stated, that they remain on target for housing, within their five-year plan, and would not have proposed such a development within the Local Development Plan.
October
This latest application (22/36505/REM), is for: 'approval of reserved matters on application 18/27783/OUT - access, appearance, landscaping, layout and scale'.
Outline planning permission, was granted for this development (18/27783/OUT), by SBC on 7th October. So, we must now turn our attention to, the Proposed Housing Allocations (STO13 and STO16), adjacent to Aston Lodge, on the 2020-2040 Local Plan.