An unsustainable development threatens the village of Milverton
An unsustainable development threatens the village of Milverton
Latest: April 24, 2017
We put our case to the Council this week!
This week we meet with Taunton Deane to kick-start the next phase of our campaign. Mr John Houghton, Senior Counsel at Bond Dickinson, who has given so generously of his time and expertise, has advis…
Read moreHow lawful is a Certificate of Lawfulness? We are aiming to raise a minimum of £4,500 to secure an opinion from an eminent planning QC confirming that it would be unlawful for our Local Planning Authority to allow a developer to implement a planning permission granted more than 30 years ago.
For ten years, the village of Milverton, Somerset, has battled to encourage the Local Planning Authority to uphold its adopted sustainable planning policies and to refuse an unsustainable development proposal which threatens to blight this Outstanding Heritage Settlement.
In 1975, when matters like heritage, environment, traffic and affordable homes were just not on anyone's radar, our Local Council granted permission for a development on a 10-acre greenfield just outside the village settlement boundaries. For complex reasons, the development, utterly unsustainable by today's standards, was never built.
For the next 28 years, the Local Council resolutely refused any application to develop the site on the grounds that 'By virtue of its prominent location, any development would totally undermine the character, social fabric and form of this Outstanding Heritage Settlement'.
Fast forward to 2007.
A developer applied for and was granted a Certificate of ‘Lazarus’ – well, really a Certificate of Lawfulness, but it might as well be 'Lazarus' because it effectively raises the old planning permission from the dead.
With such a Certificate, the developer can build the original 1979 scheme if he chooses. More to the point, however, it makes it hard for the Local Council to refuse any new planning application which the developer brings forward. And a new application is exactly what this developer has in mind for the site – a scheme for 70 executive houses when Milverton badly needs affordable and starter homes.
Our Council Planning Committee [bless them!] did, in fact, refuse the developer's new planning application and the refusal was upheld on appeal. VICTORY!!! Well, not quite, because the developer still has the Certificate of 'Lazarus' – sorry, Lawfulness. Until the Certificate is finally struck down, our battle won't be won.
While we have been provided with an interpretation of the meaning of Section 192(4) of the TCPA 1990 which effectively would render the Certificate null and void, there does not appear to be any decided authority on the meaning of the Section. We, therefore, seek the services of an eminent planning QC to review the papers concerned and to confirm, if possible, our interpretation of the TCPA 1990 in order that we can, once and for all, drive a stake through the heart of the Certificate and ensure that it never rises again.
Our solicitor writes:
'Unsustainable and unwelcome development in Milverton stands or falls on the merit of a Certificate of Lawfulness which resurrected a planning permission granted 40 years ago. A strong legal argument creating new legal precedent could undermine the merit of that Certificate. Our client's interpretation of the law looks promising, but funding the opinion of a top planning barrister could provide the gravitas needed to consign the troublesome Certificate to history.' Fergus Charlton, Solicitor, TLT, LLP 1 Redcliff St., Bristol, BS1 6TP, United Kingdom
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I'll share on FacebookMichael J Reynolds
April 24, 2017
We put our case to the Council this week!
This week we meet with Taunton Deane to kick-start the next phase of our campaign. Mr John Houghton, Senior Counsel at Bond Dickinson, who has given so generously of his time and expertise, has advised us that our chances of success are likely to be higher if we seek, from the outset, to include the Council in our current initiative. Therefore, we plan to invite the Council to participate with us in seeking the opinion of a high level planning QC on a matter relating to the Certificate of Lawfulness – that invidious document which set off this long struggle.
Seeking the Council's participation, however, has added to our estimated costs of this initiative since we have had to make a greater call on the services of our solicitor, Fergus Charlton. We will need to raise a further £1,000 to £1,500 to accommodate the increased costs we anticipate.
Your generous support has made this initiative possible and we are confident that the additional funds can be raised before the deadline. Anything you can do to broaden the reach of our appeal to those who may yet be willing to contribute will be most welcome. Best wishes to all and sincerest thanks for your generous support to date.
Michael J Reynolds - Chair - Pro Tem - The Save Milverton Action Group
Michael J Reynolds
March 19, 2017
Minimum target achieved
Congratulations to all!!! In less than 48 hours, your most generous contributions have propelled us to our minimum fund-raising target of £4,500 and beyond – a truly remarkable and praise-worthy accomplishment. We offer a special thanks to those contributors who are not Milvertonians, but who gave in a spirit of solidarity with our cause. We are now heading for what the folks at the CrowdJustice site call the 'Stretch Target'.
So, having reached our minimum target, why do we need to carry on fund-raising?
The rules of the CrowdJustice site require that the minimum target be reached within the 30-day time frame or else NO FUNDS WHATEVER ARE COLLECTED, so setting too ambitious a minimum target to start with would just become a 'shoot-yourself-in-the-foot' exercise. We felt that £4,500 was a reasonable and probably achievable goal.
Further, our estimate of the cost for the advice we will be seeking from an eminent planning QC was just that – an estimate – although based on previous experience and the considered view of our solicitor, Fergus Charlton of TLP, who has acted in the past for both the Action Group and The Parish Council. Our 'Stretch Target' of £5,500 will give us the financial headroom necessary to ensure we get the best advice possible.
What happens now?
We will continue to push for our 'Stretch Target'.
With the funds contributed so far now unlocked, we will activate our instructions to Fergus who has already identified a couple of prospective high-level planning QC candidates to approach.
We will assist Fergus to draft the legal questions which we want our selected Counsel to examine and given an opinion on.
Once a candidate planning QC has been chosen, Fergus will then instruct Counsel regarding our requirements.
Assuming the opinion of Counsel proves favourable to our cause, we will then activate the next stage of our current strategy. For the moment, that next stage will have to remain confidential in order to maximize our advantage.
PLEASE WATCH THIS SPACE
Michael J Reynolds
March 18, 2017
Contribution from Chile
We have received notice that Nick, in Chile, will be making a contribution to our campaign. Nick's father, Gordon, lives in Milverton. Your help is greatly appreciated, Nick.
Michael J Reynolds
March 18, 2017
Special Contribution
We much appreciated the contribution from Mark who commented that his community was also under siege from over-development. We are most grateful for your support, Mark and wish your community well.
Michael J Reynolds
March 18, 2017
Contribution by cheque
Mrs. Audrey Meadows very kindly gave a contribution by cheque in favour of the Save Milverton Action Group. In posting her contribution, I omitted to click on the option which would have displayed and acknowledged her donation. Thank you, Audrey.
Michael J Reynolds
March 18, 2017
An astounding response!
What an amazing achievement!!! In less than 24 hours, we have hit over 80% of our minimum target of £4,500. The kind folks at CrowdJustice who administer this very valuable fund-raising website tells us that successful campaigns typically hit 30% in the immediate aftermath of a Case Page launch. Your response to our appeal has been truly overwhelming and is a tribute to the generosity of all who have contributed. Our challenge now is to maintain this truly remarkable post-launch momentum so that it carries us to and beyond our minimum goal. Bearing in mind that a CrowdJustice campaign is an 'all or nothing' affair reaching that £4,500 level is crucial. If another 35 people contributed £25 each we would cross the finish line with ease. Thanks seems to be a very inadequate word for such a tremendous display of support for our cause. Michael J Reynolds
Michael J Reynolds
March 17, 2017
Our first contributors!!!
This pledge of £1,215 represents contributions in cheque or cash from the following: The Save Milverton Action Group [balance of earlier fund-raising efforts]; Penny Price and the 'Custard Creams'; Gillis Burgess, Ann Le Clere; Gilly & Julian Goodbody; Susan Lady Lethbridge. Their contributions are most welcome and much appreciated.
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