Neighbourhood Plan Submission by SPAG:
19 Nov 2015
Deer Park LGS status - Policy 11, NP page 52
1. On 15 Sept 2015, OPC decided to include the Deer Park in the NP with LGS
status. The area selected was that bounded on the north by the hedge abutting F/P
21 and on other sides by the settlement boundary. This well defined area is
commonly known as the Deer Park, and consists of what was historically known
as Little Park together with the fishpond area. It is widely acknowledged that this
area was perceived by the public to be the Deer Park in the consultation process.
Criteria for LGS status - NPPF (DCLG 2012)
2. 77 ..... The designation should only be used:
• Where the green space is in reasonably close proximity to the community it
serves;
• Where the green area is demonstrably special to a local community and holds a
particular local significance, for example because of its beauty, historic
significance, recreational value (including as a playing field), tranquillity or
richness of its wildlife; and
• Where the green area concerned is local in character and is not an extensive
tract of land.
3. The selected area patently qualifies under the first two criteria, the reasons why
it is of particular local significance having been well aired, including findings by
Historic England in 2012. The third was questioned by NPSG advisers, but SPAG
challenged that and was supported by useful precedents. These, together with the
area being so well defined, led to the decision that, in the absence of formal
guidance as to what constitutes an 'extensive tract of land', this should be put
forward to the independent examiner as meeting the basic conditions for the
Neighbourhood Plan, particularly given the characteristics of the Deer Park.
Landowner objection
4. The landowner has a right to be consulted. In the 'Responses to OPC
Questions' by Bell Cornwell in Nov 2015 it was stated at Response 23 "The
landowner would rather not have the designation on the land and is not a willing
receiver of the designation on the land and therefore it will be objected to and
taken to the Examiner for final decision over whether it meets the NPPG
expectations."
5. Landowners may object to such designation but in this case the only reason is
the desire to make a commercial gain - as made plain at Bell Cornwell's Responses
18 and 22. That is NOT a valid reason for altering a policy as to a land use
decided on behalf of the community. The stated intent to challenge the decision is
however the reason for this submission. Any objection must be on policy grounds
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of which there has been no suggestion by Bell Cornwell. Individual planning
applications are irrelevant, and there is as yet an unstated case against such an
application anyway.
6. The area is part of Character Area 1 of the Odiham Conservation Area, which
gives it designated heritage asset status. It also enjoys HDC Local Gap status.
Although it has been suggested that the area needs no more layers of protection,
the threat of development in parallel with the NP consultation process fully
justifies the addition of LGS status.
Related NP policies
7. These are extensive and so are taken to an Appendix.
Bespoke policy for the Deer Park
8. SPAG argues that there should be a bespoke policy for the Deer Park in the
Neighbourhood Plan.
9. The grounds for this are threefold:
(i) All the evidence is that the status of this area should be protected as far as
possible from development, notably (a) the very strong heritage factors with
associated Conservation Area and designated heritage asset status, identified by
Historic England, and (b) the degree of value attached by the community to the
area as a green space and Local Gap as recorded in the NP.
(ii) Although individual planning applications are not in themselves reason to
generate policy, the fact that the area is under serious threat of pressure for housing
development is good reason to adopt a protective policy in the NP.
(iii) Neighbourhood Plans are essentially based on community opinion. The
Odiham and N Warnborough Plan (OnwardPlan) was delegated to the Steering
Group (NPSG) to consult the community for the express purpose of recording that
opinion and to formulate policy. The recommendations of the NPSG were clearly
suppressed by OPC, and SPAG believes it failed in its duty as the representative
body for the community. A detailed chronology has been recorded.
10. For the opinion evidence underlying Ground (i) we rely on the Appendix which
serves also our submission as to LGS status
SPAG
APPENDIX
NEIGHBOURHOOD PLAN (pre-sub NP Doc 2) QUOTED EXTRACTS:
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http://onwardplan.com/library/pre-submission-plan-oct-2015/ [SPAG inserts in purple]
1. INTRODUCTION & BACKGROUND
1.5 In addition, the Neighbourhood Plan must be able to show that it has properly
consulted local people and other relevant organisations during the process of
making the Plan and has followed the Regulations.
Community Views (1.15 - 1.24)
1.18 [bullet 3] ‘The preservation of our heritage, including conservation areas and
view/landscape’ was considered a priority. The open spaces most valued by the
community were the Canal, the Deer Park, Odiham Common, Broad Oak Common
and Dunleys Hill.
2. VISION & OBJECTIVES
Vision
2.1 The proposed vision for the Parish in 2032 is:
“Odiham and North Warnborough will remain special historic Hampshire villages but
each with their own distinctive character. The villages will remain separated by an
attractive green space that will be made more accessible for recreational use by the
local communities and visitors. [NB that any housing or fencing off will make it less
accessible.]
....
A key consideration in managing development will be to secure the preservation of
the many special and significant views both within, from and towards the settlements
and consequently retaining the essentially rural nature of the villages’ location and
surrounding landscape.
......
Objectives
2.2. The following [five] goals and objectives for the Neighbourhood Plan have been
drafted by the Steering Group:
....
• [3rd bullet] To enable development that as far as possible does not harm
Conservation Areas and other designated heritage assets and preserves valued
views and green spaces, which is within reasonable walking distance of village
facilities.
....
3. LAND USE PLANNING POLICIES
Land Use Policies
Policy 6: Odiham Conservation Area [p40]
Proposals for development within the Odiham Conservation Area and its
setting will be supported, provided they sustain and enhance its special
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significance as a designated heritage asset and they have regard to the
following policies and design guidance:
i. Views into and out of Odiham should be protected, particularly the views
shown in Plan D below;
.....
ix. The significance of the Deer Park to the north and the open land to the
south of the village should be respected, .....;
Plan D: Odiham Conservation Area Views [p42]
[showing 'important views' from the footpaths to the village]
3.37 This policy establishes important design principles for development in the
Conservation Area derived from the Odiham Conservation Area Character
Appraisal and Management Proposals (see separate report in the evidence base).
That report defines the character of the Area and identifies heritage assets that
make a contribution to the significance of the Area’s character. [See map p42]
Policy 11: Local Green Spaces
[p48]
The Neighbourhood Plan designates the following locations as Local Green
Spaces, as shown on the Proposals Map:
.......
vii. Deer Park
........
3.45 This policy designates seven Local Green Spaces to protect and preserve
them, except in very special circumstances, for the plan period and beyond. It does
not change existing rights of public access (or lack of) nor does it change the
ownership or management of the site. This protection has the same status as the
land being designated Green Belt land.
3.46 Following Neighbourhood Plan consultations earlier this year (C1) the five
green spaces most valued by residents are the Basingstoke Canal, Deer Park,
Odiham Common, Broad Oak Common and Dunleys Hill land between Odiham and
North Warnborough. ......
3.47 Criteria for designating a Local Green Space, taken from the National Planning
Policy Framework section 77: [see Submission para 2 above]
......
All the sites proposed meet these criteria as follows:
.......
The Deer Park [p51]
3.55 An area of the Deer Park is designated as part of a larger Local Gap by saved
Policy Con 21 of the Hart District Local Plan (as redefined by Policy 3 of this Plan).
The function of the Gap is to avoid the coalescence between the two settlements of
Odiham and North Warnborough. The Deer Park by virtue of its historic importance
is included within the Odiham Conservation Area and as such is a designated
heritage asset.
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The Plan also designates part of the Deer Park as a Local Green Space (as shown
on the Proposals Map). This part of the Deer Park is currently used as farmland and
adjoins the settlement boundaries of Odiham and North Warnborough. It is
accessible to the community via a number of gated entrances, with a network of
public footpaths that cross and circumnavigate the land with recreational value to
walkers. The area offers many valued views from the footpaths, including ones into
and from Conservation Areas. It has historical significance, informal recreational
value, beauty and tranquillity. The area designated as a Local Green Space is
clearly defined on all boundaries by field hedgerows, fences and ancient walls that
provides an open space for people to enjoy.
EVIDENCE FOR LOCAL GREEN SPACE DESIGNATION BY SITE/AREA
(pre-sub NP Doc 5)
Summary of Community Views on LGS
[p1]
The importance of green space to the Community has been in evidence throughout
the Steering Group’s engagement and consultation to date.
In January 2015, 84% of the public (or 348/412) prioritised ‘the preservation of our
heritage, including conservation areas and views/landscape over the provision of
new community/recreation facilities.’
........
[p2] In May 2015, a series of public consultation events were carried out, that offered
the opportunity to complete a survey on various aspects of the Draft Plan, including
specific questions on local green spaces.
666 of the 711 respondents to the survey questionnaire answered Question 6 (see
below for the question), ranking any sites that they agreed should ideally be
designated as Local Green Spaces. [6 sites listed]
Q6. GREEN SPACES “We are currently giving consideration to the possibility of
designating any one or more of the following 6 sites as Local Green Spaces (LGS) if
they are capable of qualifying as such. If they do qualify, it affords them a higher
level of protection from development. You can see these sites on the Proposals
Map. These open spaces are believed to be valued by the community for reasons
such as their beauty, views, historic importance or recreational use and
consequently are where future development should be resisted. Please note that
designation as LGS does not create rights of public access in addition to any that
might already exist (e.g. a public footpath), nor impose any obligation on the
landowner to maintain the land for public benefit. Please rank any sites that you
agree should ideally be designated as Local Green Spaces, ticking 1 for your
highest priority down to 6 for your lowest priority”
Most respondents (95%) ranked all sites as contenders for LGS designation; a
minority were selective and ranked fewer. This Appendix includes quantitative data
from this May 2015 survey. A seventh candidate for LGS designation - the Deer
Park - is included in this Pre-Submission Draft Plan. This reflects the strength of
community feedback in consultation and more recent information regarding the size
of spaces being designated as LGS following Examination in some recent
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Neighbourhood Plans. [A number of people questioned why the Deer Park was not
originally included for potential LGS designation. A number of answers to Q7 also
said that the Deer Park should be an LGS, and many others were consistent. An
Analysis on behalf of SPAG is available on request.]
The seven areas of land proposed below are believed to meet all of the three NPPF
criteria, for potential LGS designation; as follows by site/area:
[First 6 sites considered - then:]
The Deer Park (approx 44 ha) [p19]
Meeting NPPF criteria
NPPF Criteria
Where the green space is in
reasonably close proximity to the
community it serves
Where the green area is
demonstrably special to a local
community and holds a particular
local significance, for example
because of its beauty, historic
significance, recreational value
(including as a playing field),
tranquillity or richness of its
wildlife
Comments
This space immediately adjoins the settlement
boundary, close to the main built up areas of
Odiham and within short walking distance of
the established residential areas to the West
and South (see site 11.vii on the Proposals
Map)
The historic importance of this space and its
contribution to the character of the two villages
is recognised by its designation as part of the
Odiham Conservation Area. It is an area of
gently undulating, large, open fields used for
grazing. There are six public footpaths
throughout this area used by many for dog
walking and recently for geo-caching (an
activity encouraged by the National Trust).
These footpaths give access to the canal, allow
a circular route around the area and can
provide a short cut from North Warnborough to
Odiham following the footpath along the
settlement boundary. The many public access
points into the area from the settlement
boundary give good access to a wide number
of the community and so reduces the need to
drive to other areas suitable for dog walking
and informal recreation. There are important
views across the Deer Park both into Odiham,
North Warnborough and out into the
countryside. There is a range of different
habitats from ancient undisturbed medieval fish
ponds to established hedgerows, ancient oaks
and rough grassland; there is an abundance of
wildlife.
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Where the green area concerned The space is approximately 44 ha in area and
is local in character and is not an is clearly defined by long established field
extensive tract of land
boundary hedgerows, the settlement boundary
and in part, ancient walls. An ancient brick wall
marks the end of the medieval burgage plot, is
listed and is therefore of great archaeological
importance. This area establishes the historic
curved settlement shape of both Odiham and
North Warnborough.
[Note: The DP uniquely represents a well-defined area of open countryside on the
doorstep of the communities of Odiham & North Warnborough. Almost certainly,
the wall represents the boundary to the site of Odiham Palace or Place, a Royal
mansion of which only traces remain, shown on Godson’s map of 1739.]
Further Evidence of Local Significance
“The Deer Park is a highly valued historic asset and provides
the ‘green lung’ between the villages of Odiham and North Warnborough.”
Resident, Consultation May 2015
In January 2015, when the community was asked in an open question which green
spaces they valued most, the Deer Park came second after the Basingstoke Canal.
The importance of the Deer Park to the community was further evidenced in the May
2015 NP survey by the total number of comments made relating to this land (more
than 300). This was a larger number of comments in the survey than those relating
to Housing Sites (232) or Q10 General comments (284).
[Note: The great majority of positive responses recognised the value of this space as
countryside free of the impact of urbanisation.]
In May’s NP questionnaire, the Deer Park was not included in the list of potential
LGS contenders as there was some doubt at that time whether it would in
examination be considered against NPPF criteria as ‘an extensive tract of land’.
Since then information has emerged based upon other recent Neighbourhood Plans
going through examination that large areas of land have been receiving LGS
designation.
In the light of more recent information regarding the results on examination of other
Neighbourhood Plans with respect to LGS size and differing Examiner
interpretations; plus the expressed value placed upon it by a large section of the
community in NP surveys, the Deer Park is included for LGS consideration in this
Pre-Submission Draft Plan as a potential Local Green Space.
In July 2012 whilst English Heritage decided not to include the Deer Park in its
National Register of Parks and Gardens. However, it did make the following
statement that recognised the Deer Park “for its strong local impact and high historic
significance. Its historical significance is clear as is the manner in which its presence
has strongly influenced later landscape character, management and development”.
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The earliest mention of the Deer Park occurs in 1216 when the park and Odiham
castle were retained for the king. The Deer Park has been used for agriculture for
the last 400 years and the formal field boundaries reflect the introduction of
Parliamentary enclosures in the 18th century. [Note: This is thought to be incorrect
as the field system probably pre-dates the smaller enclosures found outside the DP.]
The outline of the park is still of vital importance in influencing the layout of the
settlements of Odiham and North Warnborough. The Deer Park lies on the eastern
side of Dunleys Hill, forming the eastern boundary to North Warnborough, and
provides a very important open green space for both villages.
Most of this open space is used for grazing; mature trees mark boundaries but are
not generally particularly dense, in that there are no clumps of woodland. The open
spaces of the Deer Park contrast with the tightly concentrated Odiham village centre,
with its busy traffic, commercial uses, other activities.
[p21 - 2 photos here]
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