Campaigners have won a hard-fought victory in Plymouth to protect a small but valuable undesignated green space from development.
Plymouth City Council had reached an agreement to dispose of the open space as “surplus to requirements” in 2020, to allow its development for what were promised to be affordable homes. So keen was the Council to develop the site for these affordable homes that they accepted a discounted offer for the land and waived the community infrastructure levy.
Despite the Council later accepting that the land was not in fact surplus to requirements, and it instead being the only open space available and easily accessible to residents, the planning committee approved the building of 5 homes, which would have resulted in the almost total loss of the open space and the felling of most of the mature trees and hedgerow on the site.
It was only after campaigners complained about the developer’s wholly inaccurate biodiversity calculations that the Council accepted that instead of resulting in a 6% biodiversity net gain (BNG), the development would in fact result in -47% BNG, in other words an overwhelming net loss. This was explained away in the officer’s report and the scheme was approved. However, despite the purported reason for the scheme being the need for affordable homes no condition or s.106 agreement secured the fact that these homes ought to be affordable.
Following pre-action correspondence, the Council conceded that their decision was unlawful, but refused to pay our client’s costs, despite the well-established principle in M v Croydon LBC [2012] EWCA Civ 595. They then failed to file and serve a claim in time, naming the correct parties, requiring campaigners to file their own claim. The decision of the Council was ultimately quashed and our client awarded substantial costs.
The decision was then remitted for reconsideration. Due to the efforts of campaigners, making clear the impact of the loss of open space, trees and biodiversity in exchange for a small number of homes in one of Plymouth’s most densely populated areas, the Council rejected the application. It is now hoped this precious green space can be transformed into a village green.
Alice Goodenough of Goodenough Ring Solicitors acted for Frank Hartkopf, instructing Brendon Moorhouse of Six Pump Court Chambers. The Open Spaces Society helped fund legal costs.