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Jan 3 . Luton Airport Expansion Consultation. First feedback...

Thirty five events were held across the district in Nov/Dec 2019.

4,000 people attended.

People could respond via the official feedback document on line or by post.

1,700 forms were received and are being analysed

Jan 28 Masterplan event packed all evening with local residents keen to question the potential development leading to 580 new homes for NW Harpenden on green belt as part of the SADC draft Local Plan.

‘Our vision is to deliver high-quality infrastructure and homes, including affordable housing, a school, alongside exceptional green spaces and supporting services.’

Jan 22. Harpenden Estate £multi million proposed purchase by SADC.

A good investment for the future of Harpenden’s High Street OR

A reckless idea that could leave ratepayers with an astronomical bill?

Background information

This project has been under internal discussion for many months and is included in the new St Albans Corporate Plan / Budget documents.2020/2024 (available online) St Albans City and District Council Cabinet’s ‘in principle’ decision to purchase the freehold of a property estate in Harpenden was considered by a special meeting of a Scrutiny Committee on Monday 28th October. By keeping the estate under single ownership, the Council will be able to curate the tenant mix to ensure a complementary range of businesses providing services tailored to the wants and needs of local people. In the long term, should the buildings prove to no longer be fit for purpose, the Council will be in a position to regenerate the block taking a place- shaping approach to suit the needs of the locality at that time.

This acquisition will give the Council oversight of a key retail parade at the heart of Harpenden. This will enable the Council to ensure that relatively low-cost retail and office units remain available to local businesses.

Cllr Teresa Heritage, Chairman of the Planning, Housing, Resources and Commercial Scrutiny Committee 2 said

“The issues raised related to the site’s valuation; the level of debt being proposed to fund it; the process followed in arriving at the ‘in principle’ decision to buy; the lack of consultation; and a lack of clarity of aims and outcomes for the acquisition.”

However until the last few days this information  has not been broadcast to the public.

Actions from the Harpenden Town Council Extraordinary, CouncilThursday, 24th October, 2019 7.30 pm

+The Town Clerk is to write to the Chief Executive of St Albans City & District Council to express the Town Council’s dissatisfaction with the lack of consultation on the original proposal.

+The Town Council expressed concerns that the case for the purchase being in the public interest is not substantiated because the Business Case focuses entirely on running the Estate for commercial interest.

+The Town Council considers that the papers as presented show no coherent case for how this investment will be managed. This is particularly worrying given the lack of skills and knowledge within the District Council of managing a retail estate of this size. There is also no clear way forward presented for the future rejuvenation of this Estate.

SADC Council Meeting Wednesday, 15th January, 2020 7.00 pm

This is a major ongoing story for the future of the

Harpenden High Street. Harpendia will keep you updated.

Ron Taylor    Editor

Jan 28. ‘Serious concerns in relation to legal compliance and soundness’ say examining inspectors of the SADC Local Plan following a week of sessions in St Albans.

IN ADDITION TO THE ABOVE

A further 760 residences would  be built to the north of Batford on a site known as ‘North East Harpenden’, again on  green belt land.

This draft plan will be examined by the Planning Inspectorate over the next month at Council Chambers in St Albans.

Can Harpenden cope with this massive increase?

More traffic congestion on the Luton Road & Lower Luton rd, parking capacity in the Town, the availability of school places and the impact on Harpenden’s train service.

Not taking into account all the new build that is currently taking place all over Harpenden and thus within the greenbelt, the 1,340 new homes being planned for ‘North West’ and ‘North East’ Harpenden equate to 3,350 new residents at 2.5 residents per household.

Assuming 2 cars per household, there will be an extra 2,680 cars on the Town’s roads.

If only 15% of those car owners want to park in central Harpenden, we will need an extra 402 car parking spaces in a Town which already has insufficient car parking spaces.

Information on the above courtesy of The Harpenden Green Belt Association

SADC planning staff were on hand to explain how the site could be developed with new homes inc many affordable, a school, green spaces and high-quality infrastructure. In response they wanted to hear ideas and priorities on how all these elements would work together, how they would look and how environmentally sustainable they would be.

They were less interested in the legality issues, overdevelopment, contentious issues of excess traffic and lack of services as these would be considered when feed back with opinions had been received and analysed.

Despite being reminded that Local Plan  Examining Inspectors had questioned many aspects of the draft plan at the sessions the previous week and had cancelled the final 2 weeks of sessions until satisfactory explanations had been received, they said that this would only be a temporary hitch and the event would provide data for the long term.

Opinions were being collected on an inadequate small form.

HOWEVER the web site is now live with the same data collection questions and images of the display panels which showed various aspects of the site development option.

Please see :  www.nwharpenden.co.uk

Follow the 3 stage guide on the right to give your views.

FEB 3. Emsrayne advise Hyde Parish Council that they will not be proceeding with their application for the Incinerator proposal at this time

From the minutes of the January Hyde Parish Council meeting

 Andy Brewer provided an update on LBEP – Mr Brewer stated that whilst he had the application ready to submit he would not be proceeding to submit an application at this stage for the Incinerator proposal.  Mr E Phillips also provided an overview of the situation regarding the Luton Hoo Estates Management. He gave a brief history of the estates. He confirmed that they are now looking at alternative projects for that site. He provided a list of options. Cllr Woodcock asked what the situation currently was with the alternative options. Regarding the option of the incinerator it was confirmed it is still an option. Cllr Martin felt that there was still no certainty for the future. He felt that if the incinerator plans were being considered the village would not move forward.

March 30. THIS PROJECT PUT ON HOLD BY SADC

March 4. PRESS RELEASE from Conservative Group at St Albans and District Council. £18.8 million speculative acquisition of Harpenden Estate

The Lib Dem run District Council is proposing to hand over £18.8 million to acquire a complex site on Harpenden High St including a large number of retail properties and flats. Approximately 107% of the cost of the acquisition will be funded through borrowing.

Conservative and Independent  Councillors oppose this ill-judged property speculation and wanted it removed from the Council's Budget. However, an alliance was formed between the Lib Dem and Labour Councillors to force this through.

Experts in commercial property say this is a top of the market price, at a time when the Royal Institute of Chartered Surveyors report that the value of High St properties is falling. Professional investors, such as the current owners, are trying to sell retail property as fast as they can.

Retail occupancy and rents are coming under increasing pressure due to changes in shopping habits and the growth of internet shopping. Currently, the Harpenden site is ‘well let’ ie it is nearly fully occupied at a good rent level. There is limited opportunity to protect against a falling market.

The Liberal Democrats say this speculative deal is needed to ‘plug’ the budget gaps that have arisen since they took over the Council. However, it is likely to make them worse. The net return is currently reported to be £90K. If units fall empty or rents start to fall, this tiny return could easily turn into a loss.

They also say it will enable them to ‘support the Harpenden High St’ by giving ‘favoured’ retailers special reduced terms. Experts say that if they do this, any reduced terms offered to one tenant will likely be sought by others, further reducing the rent received. This means local council tax payers risk ending up having to meet the management costs and debt repayments if rental income falls short.

April 22. Government Inquiry launched into local authority commercial investments

The Public Accounts Committee inquiry comes after a February report by the National Audit Office found councils spent £6.6bn on commercial property from 2016-17 to 2018-19 – 14.4 times more than in the preceding three years and mostly financed through borrowing.

The report also found that changes made by the Ministry of Housing, Communities and Local Government to statutory guidance have not stopped some authorities borrowing large sums to invest in commercial property.

The Public Accounts Committee will question officials from the MHCLG on gaps in the commercial skills of officers in local government, and the extent to which the department formally monitors commercial activity and long-term exposure to risk. Questioning will take place on 11 May, with the deadline for evidence set as 6 May.

Joanne Pitt, Local Government policy manager at CIPFA said: "With both the growing interest in commercial property investment and the current PWLB consultation, the PAC inquiry is not unexpected.

“Practically speaking, the launch of the inquiry amid the ongoing COVID-19 crisis will allow the sector to test the strength of commercial decisions against the current economic environment. For the long-term financial sustainability of the sector, it is important that we fully understand the options, risks and decisions being made in local government.”  

“Recognising the challenges faced by local authorities, CIPFA released its Prudential Property Investment guidance in December 2019, intended to support local government to ensure that private acquisitions are prudent”, she said. “We look forward to responding to the committee in line with our guidance.”

The committee will also explore how the coronavirus pandemic is impacting local government finances.

PRESS RELEASE from SADC

April 28. Inspectors detail Local Plan concerns

Planning Inspectors have provided detailed feedback to St Albans City and District Council following concerns expressed earlier in the year over its draft Local Plan.

Back in January this year, the Inspectors wrote to the Council to say they had “serious concerns in terms of legal compliance and soundness” of the draft plan, following initial hearing sessions earlier that month.  Now, in a letter dated 14 April 2020, the inspectors have provided details of what those concerns are.

Local Plans set out a blueprint for development in an area over a specified period, in this case 2020 to 2036.  They cover aspects such as housing, and jobs, as well as what infrastructure is needed like schools and medical facilities.

The Planning Inspectors cite six areas of main concern in their letter. A major issue is what they feel to be the failure of St Albans Council to ‘engage constructively and actively’ with neighbouring authorities on the Radlett Strategic Rail Freight Interchange proposal in drawing up the draft Local Plan that was submitted for examination in March 2019.

In 2014, the then Secretary of State gave outline planning permission for a strategic rail freight terminal at a site near Park Street to the South of St Albans. This site is the location of one of the areas identified for housing in the Council’s draft Local Plan. 

In their letter the Inspectors highlight what they consider to be the Duty to Cooperate “in order to safeguard the Strategic Rail Freight Interchange (planning) permission”.  In short, the Inspectors feel the Council should have done more in seeking that neighbouring authorities accommodate either the Strategic Rail Freight Interchange, or the housing proposed for the site.

Another area of concern for the Inspectors are the Council’s Green Belt Studies.  In 2017 and 2018 the Council received warnings that it would face government intervention if it failed to deliver its local plan in a timely manner. The latest of the Council’s three main Green Belt Studies was completed swiftly as a result.  The Inspectors’ letter questions whether adequate evidence has been provided to support the Council’s contention that exceptional circumstances exist to alter the boundaries of the District’s Green Belt.

The Inspectors also set out concerns that the draft Plan has not been prepared in accordance with the Council’s Statement of Community Involvement; that it fails to meet objectively assessed needs; and that key pieces of supporting evidence are absent. 

While most of these matters would usually be dealt with during the Local Plan Examination process, the Strategic Rail Freight Interchange matter is more complex.

Councillor Jamie Day, Portfolio Holder for Planning at St Albans City and District Council said: “It’s extremely important that the Council progresses this Local Plan so that it is able to manage the District’s growth in a sustainable and positive way.  We are keen to deliver much needed housing in sustainable locations, but our efforts to do so are curtailed somewhat by the complexities involved.

“The Strategic Rail Freight Interchange is a central feature in the feedback received from the Inspectors. The Council is in the unique position of having a Government-permitted strategic rail freight terminal site actively promoted by the landowner for alternative housing use.

“Over recent years, the Council has made improved efforts to work with its neighbouring councils and the County Council to demonstrate its commitment to cooperating with our neighbouring authorities, so it’s disappointing to be called out by the Inspectors on that point.

“We will be responding to the Inspector’s letter to address the concerns raised. We had already engaged the Local Government Association to review the way that our Planning Department works and benchmark it against other local authorities to strengthen it for the future. But this review has been unavoidably delayed by the ongoing coronavirus control measures.” 

Councillor Richard Curthoys, Conservative Group spokesperson on the Planning Policy Committee said: “We are disappointed at the planning inspectors’ letter. It’s clear that the many iterations of the duty to cooperate (DtC) meetings between 2017 and 2019 have not been recognised.

“Furthermore, the Inspectors’ statement that "a lack of objections (to the plan) is not an indication that duty to co-operate has been complied with" is particularly confusing.  The plan was discussed and presented to all statutory consultees who were then asked both verbally and in writing if they had any objections and if DtC had been complied with.

“The inspectors’ conclusions about duty to cooperate and the Strategic Rail Freight Interchange site are also perplexing given the topographical nature of the requirements of this type of site.”

Councillor Malachy Pakenham, Labour Group spokesperson said: “The Rail Freight Interchange Site (Radlett site) was always going to be difficult to incorporate into the Local Plan as the Park Street Garden Village.

“The Inspectors disagree with the Council’s approach that the Radlett site be allocated for housing ahead of the Strategic Rail Freight Interchange and as such allege a breach of legal compliance in that the Council failed in its legal duty to cooperate with neighbouring authorities over whether the site should be used as a Freight Interchange or for housing.  The Inspectors further allege that the Council failed to ask neighbouring authorities if they could have taken the sites allocation of housing within their boundaries as the site is a strategic site, currently allocated for a Freight Interchange.

“The Inspectors also criticised other aspects of the Council’s Plan, namely the Green Belt Review, the exclusion of other potential sites for housing and the non-inclusion of previously developed land, as well as other concerns.  However, the key issue for me is their comments about the Duty to Cooperate, as this is a statutory requirement.  If found by the Inspectors, it would make the Local Plan null and void.

“Having read the eighteen pages of the Inspectors letter carefully I’m of the view that the Council’s options are limited, and the plan may have to be withdrawn and the process started again. However, the Council will urgently need to look at all its options to consider the best way forward.”

The Council will now consider how to respond. Until it does, the Inspectors set out in their letter that they will not reach an absolute or final position on the draft Local Plan.

In progressing the Local Plan, the Council will need to understand the Government’s current position on intervention in complex circumstances such as those in St Albans.  It will also need to consider the Government’s forthcoming Housing White Paper, and lower demographic growth projections than previously.

July. LOCAL PLAN SHOCK NEWS

SADC have now cancelled the development of

a Garden Village on Radlett’s former Park Street

Aerodrome, leaving the way open for a massive

Rail Freight development and new locations in the

district for the 1,600 homes that would

have been built there.

IMPLICATIONS for Park Street.

Years of building work and heavy commercial traffic will blight the life of residents during the development with a total change in living thereafter.

IMPLICATIONS for Harpenden.

* Seven years of timetable disruption whilst new rail lines are installed followed by ongoing problems scheduling freight trains with commuter trains.

* A large number of the sites for the 1,600 homes which may be allocated to Harpenden, think north of Redbourn and North West Harpenden.

All the above in response to the criticisms of the Local Plan by Government Inspectors in their Post Hearing letter of April 14.

SADC Planning dept, having taken advice from leading Counsel, have written an eleven  page letter (July 2nd. full of technical comments) to the Inspectors justifying their original Plan proposals and recommending the changes above.

Conclusions in the letter:

Overall Conclusions

For the above reasons, the Council would ask that the Inspectors conclude that, with the main modification on the SRFI referred to above, the Duty has been satisfied and that there are no other legal reasons for recommending that the plan is withdrawn at this stage.

The remaining soundness and evidence base issues are each capable of being addressed through the examination process without prejudice to any other party.

The result of this approach is that the Plan process will continue. We would respectfully suggest that, given the lack of effect on third parties, it would be in no parties’ interest for the examination to end. Withdrawal of the Plan will lead to a further, very considerable elongation of the Council’s overall plan-making process, to the detriment of the local area and its residents.

SADC did not involve the Conservative councillors in drafting the letter.

Bim Afolami MP and  St Albans Lib Dem MP Daisy Cooper are opposed to the Rail Freight

development.

We all await the response from the Inspectors.

Local politicians of all persuasions and residents action groups will be making their voices heard in the coming weeks. RON TAYLOR. Editor

Sept 3. Final Nail in the Coffin for The Local Plan

by SADC.

The Planning Inspectors have responded to SADC’s July 2 letter which attempted to mitigate the criticisms leveled about the Plan in January this year with the subsequent removal of housing in Radlett’s former Park Street

Aerodrome to be replaced with the Strategic Rail Freight Depot (SRFD)

   The Inspectors have now concluded in law that that the Duty to Cooperate requirements have not been met and so the Plan should be withdrawn. Furthermore, the inspectors say that they find it “clear that the Council had no intention of allocating the Radlett site for a SRFI in the Plan and that in allocating the site for housing, to help meet its housing need, it knew that would prevent the creation of the regionally and nationally important SRFI.”

    The situation will now be considered by the Council’s Planning Policy Committee on Sept 8.

Read the Inspectors letter below: