Agenda item

To consider the motion to be proposed by Councillor Mandy Bannon. Seconded by Tim Hamilton-Cox, Dave Brookes, Abi Mills and Gina Dowding.

“Full Council notes that the letter from council officers to the Planning Inspector, which has gone online from 3/7/2019, says:

"Land at Willow Lane, Lancaster (Policy DOS5), Local Green Spaces(Policy SC2).

With regard to the Inspector’s judgement that available evidenceindicates that the area identified as SC2.1 of Policy SC2 and referredto in Policy DOS5 does not fulfil the criteria set out in paragraphs 76and 77 of the National Planning Policy Framework (2012) for designationas a local green space and accordingly, this site (SC2.1) should bedeleted and the policies amended as necessary:The Council accepts the direction of the Inspector and will, through theprocess of proposed modifications, consult on the removal of the NPPFLocal Green Space designation at Freemans Wood, Lancaster, accompaniedby the consequent revision to the Local Plan Policies Maps to delete thearea identified by Policy SC2.1."

However, Council disagrees with this response. Instead, Council resolves to seek advice from an experienced planning counsel on ways that evidence provided by the planning consultants Satnam on Local Green Space designation for Freeman's Wood can be challenged. Council wishes to defend Freeman's Wood and will seek best advice on how to do this.

The advice sought from counsel will be agreed in conjunction with the cabinet member for Planning and Marsh Ward councillors. Full Council will be informed of the response and will decide on how to proceed accordingly.”

An officer briefing note is attached.

Councillor Bannon had submitted the following motion, giving the required notice to the Chief Executive in accordance with Council Procedure Rule 15:-

"Land at Willow Lane, Lancaster (Policy DOS5), Local Green Spaces(Policy SC2).

With regard to the Inspector’s judgement that available evidenceindicates that the area identified as SC2.1 of Policy SC2 and referredto in Policy DOS5 does not fulfil the criteria set out in paragraphs 76and 77 of the National Planning Policy Framework (2012) for designationas a local green space and accordingly, this site (SC2.1) should bedeleted and the policies amended as necessary:The Council accepts the direction of the Inspector and will, through theprocess of proposed modifications, consult on the removal of the NPPFLocal Green Space designation at Freemans Wood, Lancaster, accompaniedby the consequent revision to the Local Plan Policies Maps to delete thearea identified by Policy SC2.1.”

However, Council disagrees with this response. Instead, Council resolves to seek advice from an experienced planning counsel on ways that evidence provided by the planning consultants Satnam on Local Green Space designation for Freeman's Wood can be challenged. Council wishes to defend Freeman's Wood and will seek best advice on how to do this.

The advice sought from counsel will be agreed in conjunction with the cabinet member for Planning and Marsh Ward councillors. Full Council will be informed of the response and will decide on how to proceed accordingly.”

Following submission of the motion, Councillor Bannon informed Democratic Services that she wished to alter the motion to:

“This Council notes that the letter from council officers to the planning inspector, which has gone online from 3/7/2019, says:

“Land at Willow Lane, Lancaster (Policy DOS5), Local Green Spaces(Policy SC2).

With regard to the Inspector’s judgement that available evidenceindicates that the area identified as SC2.1 of Policy SC2 and referredto in Policy DOS5 does not fulfil the criteria set out in paragraphs 76and 77 of the National Planning Policy Framework (2012) for designationas a local green space and accordingly, this site (SC2.1) should be deleted and the policies amended as necessary:The Council accepts the direction of the Inspector and will, through theprocess of proposed modifications, consult on the removal of the NPPFLocal Green Space designation at Freemans Wood, Lancaster, accompaniedby the consequent revision to the Local Plan Policies Maps to delete thearea identified by Policy SC2.1."

Full Council maintains that Freeman’s Wood is a precious and much-used, wildlife-rich, green space in the Marsh area of Lancaster.

Accordingly, should the Inspector still see fit to remove the NPPF Local Green Space designation in his final report, Full Council resolves to utilise other options within its power to protect this valued open green space from development.

Action by the Council should include but not be restricted to:

• Maintaining protection via the Local Plan process for Freeman’s Wood under its current designation - Policy SC3: Open Space, Recreation and Leisure; and,
• Ensuring that Tree Preservation Orders affecting the site are adhered to in the interests of protecting the site’s amenity value and the valuable tree cover that they provide in this part of the city;

Council also notes that there are other, non-planning matters that it could choose to support in terms of protecting Freeman’s Wood, such as the City Council ensuring that it will not seek to use its own landholdings to facilitate access to the site for any proposed development.

Council also notes that a Town Green Application Public Inquiry is due to be heard by Lancashire County Council in their role as Commons Registration Authority (27 August 2019 at Lancaster Town Hall, and continuing on the subsequent 3 days if necessary).  Whilst acknowledging that this is a separate matter, and that Council cannot pre-determine the outcome of the Public Inquiry, Council wishes to place on record its broad, strong support for maintaining Freeman’s Wood as undeveloped open space.”

An officer briefing note, based on the wording of the original motion, had been circulated with the agenda.

Councillor Bannon introduced the altered motion, providing historical background to the Freeman’s Wood site.

The Monitoring Officer reminded Council that, in accordance with Council Procedure Rule 17.7 Council must take a vote to determine whether the motion could be altered or not. The Mayor asked Councillors to vote on acceptance of the alteration to the wording of the motion. The request to alter the motion was accepted by Council.

Councillor Hamilton-Cox seconded the altered motion proposed by Councillor Bannon.

Councillor Bannon and Councillor Brookes responded to questions about the motion and, after some debate, a vote was taken and the motion was clearly carried.

Resolved:-

This Council notes that the letter from council officers to the planning inspector, which has gone online from 3/7/2019, says:

“Land at Willow Lane, Lancaster (Policy DOS5), Local Green Spaces(Policy SC2).

With regard to the Inspector’s judgement that available evidenceindicates that the area identified as SC2.1 of Policy SC2 and referredto in Policy DOS5 does not fulfil the criteria set out in paragraphs 76and 77 of the National Planning Policy Framework (2012) for designationas a local green space and accordingly, this site (SC2.1) should be deleted and the policies amended as necessary:The Council accepts the direction of the Inspector and will, through theprocess of proposed modifications, consult on the removal of the NPPFLocal Green Space designation at Freemans Wood, Lancaster, accompaniedby the consequent revision to the Local Plan Policies Maps to delete thearea identified by Policy SC2.1."

Full Council maintains that Freeman’s Wood is a precious and much-used, wildlife-rich, green space in the Marsh area of Lancaster.

Accordingly, should the Inspector still see fit to remove the NPPF Local Green Space designation in his final report, Full Council resolves to utilise other options within its power to protect this valued open green space from development.

Action by the Council should include but not be restricted to:

• Maintaining protection via the Local Plan process for Freeman’s Wood under its current designation - Policy SC3: Open Space, Recreation and Leisure; and,
• Ensuring that Tree Preservation Orders affecting the site are adhered to in the interests of protecting the site’s amenity value and the valuable tree cover that they provide in this part of the city;

Council also notes that there are other, non-planning matters that it could choose to support in terms of protecting Freeman’s Wood, such as the City Council ensuring that it will not seek to use its own landholdings to facilitate access to the site for any proposed development.

Council also notes that a Town Green Application Public Inquiry is due to be heard by Lancashire County Council in their role as Commons Registration Authority (27 August 2019 at Lancaster Town Hall, and continuing on the subsequent 3 days if necessary).  Whilst acknowledging that this is a separate matter, and that Council cannot pre-determine the outcome of the Public Inquiry, Council wishes to place on record its broad, strong support for maintaining Freeman’s Wood as undeveloped open space.