HC Deb 26 June 2002 vol 387 cc930-6

Motion made, and Question proposed, That this House do now adjourn.—[Derek Twigg.]

7.7 pm

Mr. Bernard Jenkin (North Essex)

I am privileged, and indeed extremely grateful, to have been granted the opportunity to raise the subject of this Adjournment debate—the development of the James and Stone shipyard, Brightlingsea. I should explain that the shipyard is quite a large site on the waterfront of a small Essex fishing town on the Brightlingsea creek, which is part of the River Colne estuary in my constituency. The site has been derelict for a number of years: it certainly requires development, and no one would oppose the principle of development. What is wanted, however, is development that is sympathetic in character to the town and in scale with the existing buildings of the town; that is the nub of the case that I wish to present to the House and the Minister this evening.

I have set out all the salient matters in correspondence both with the Deputy Prime Minister, who now has responsibility for planning matters, and with his predecessor, the then Secretary of State for Transport, Local Government and the Regions, the right hon. Member for Tyneside, North (Mr. Byers). I very much hope that having read those and other representations the Minister will see fit to call for a full public inquiry into that planning application, which is in effect trapped in outdated thinking, and I shall set out the reasons why. The result would involve plonking a very large and inappropriate development into that very sensitive site in an historic fishing town, which would be to the detriment of the community.

Before I set out the key points, I should add that the situation has had a long gestation. For many years, I have been seeking to engage the developers in more constructive conversation and the local authority in putting more severe pressure on the developers to produce more practical and sensible proposals and to engage the townspeople more actively in the process. In the end, I got the false impression that the scheme would be accepted. It was only when I finally launched a campaign to hold a public inquiry that I was absolutely overwhelmed by the strength of representation against the development and in favour of a public inquiry.

I have circulated a questionnaire, and the response has been huge. There have been no more than a couple of dozen returns against. It is overwhelmingly in favour of a public inquiry. I hope shortly to submit a petition to the House that will carry a substantial number of signatures, certainly representing a substantial minority of those on the voting register in Brightlingsea, if not a majority of those who live in the town. I have the support of the town council in making these representations. So let there be no doubt that there is overwhelming public support for the position that I have adopted, and that the townspeople have moved from sullen acceptance of what they thought was inevitable to the hope that Ministers might be able to do something to rescue the situation.

I also wish to place on record the fact that I do not believe that the local authority is to blame for this situation, because planning policies have developed very dramatically in the past 10 years. We started with an out-of-date concept of what the development should be. Outline planning permission was given some 10 years ago for a very much larger development than modern planning guidance would suggest is reasonable. That is shown in a curious conflict: the current local plan, which is nearing its renewal date, suggests not more than 100 residential units for the site, but the outline planning permission already allows for 150 units. If one looks at the design brief, which is also much more recent than the outline planning permission, it becomes apparent how the difficulties have arisen.

The local authority has been trapped in a conundrum involving a succession of events, and it is pre-committed to proposals that would not be acceptable if they were begun from scratch now. Indeed, they are completely out of line with the much more enlightened planning policies on modern and sensitive design. Some of those policies were introduced by the previous Government, but I fully admit that others have been introduced by the present Government.

As I say, the planning authority is preparing to grant approval in principle based on conforming with the outdated design brief, which gives a range of 100 to 150 units, although the local plan gives only 100 units. The authority appears beholden to the numbers in the design brief, which is 14 years old, antiquated and quite inappropriate for today's standards. An impracticable and unsustainable development is proposed. The new design brief, based on modern thinking and reflecting Brightlingsea today, would specify a much more limited and sympathetic development.

The design brief is inherently flawed: it is impossible to see how 150 units could ever be delivered, given the other requirements of the brief, according to which the development should be sympathetic to its position within the Brightlingsea Conservation Area in terms of style, diversity and scale and maintain and enhance the sense of place at The Hard". I should emphasise that the Hard is social centre of activity on Brightlingsea waterfront, where people sail small craft and a few yachts—all very much locally based waterfront entertainment.

Bob Russell (Colchester)

There are lots of beach huts.

Mr. Jenkin

The hon. Gentleman may he a regular visitor to those beach huts, and I am grateful to him for his support today.

The design brief goes on to say that the buildings should be set back into the site and of domestic and vernacular scale…in sympathy with the neighbourhood". There is absolutely no doubt that the proposed buildings are not set back or built in vernacular style, as a layman would understand it. I am not allowed to show the plans on the Floor of the House, so I have to describe them.

There is a problem with any waterside development in a place like Essex in that all the new housing has to be built above a certain datum that is significantly above the maximum high-water mark of the tide to prevent flooding. Moreover, the properties would be built out of piers that are thrust into the creek. Admittedly, many of those piers already exist, but they would have to be raised very substantially to meet the requirement to be beyond flooding level.

The development would not only be very much higher than the existing buildings on the surrounding land, but would thrust deep into the creek, blocking views, completely dominating the waterfront and completely changing the character of Brightlingsea. It would be detrimental to the amenity that the waterfront provides. Nowhere does the design brief make it obvious that the development would stick into the creek to such an extent and to such a height.

The current application, if granted, would result in a large, dominant high-density development, which would be out of character with the small scale of the coastal location. It would be a London Thames-side development in character, but it would be imposed on a small Essex creek.

The proposal exploits the brief to justify a major addition to the site, which would protrude well out from the foreshore. Some 80 units would be on the foreshore, where there are currently no permanent buildings. That would be to the detriment of the harbour, its users and visitors. The harbour is a vibrant summer sailing centre and small commercial port, with national and international regattas and regional events. Some 38,000 visitors are afloat each year, apart from local residents.

Much training and launching from the adjacent historic Hard and sailing club slipway are at risk because of the proposal's wind effects and the Hard is at risk of silting. It may well be that those technical matters can be addressed, but they underline how big the development's likely impact would be. Although the development would not intrude inside the harbour boundary, it would be right against the narrow fairway, where people launch and haul out their boats and where ships manoeuvre at high tide.

As I have already said, the views are unique to the town. They are the superb, unspoilt coastal Essex views across the Colne estuary to Mersea island and over to the Blackwater estuary. Those views are important in attracting 188,000 tourist and leisure visitors to the town each year, and the numbers are growing. The views will be largely blocked by the development on the foreshore. Some 90 local jobs are sustained by tourism and leisure.

I have written to the Deputy Prime Minister about the environmental concerns which have been raised by English Nature. The conundrum at the heart of the proposal is that it is intended that the environmental concerns should be addressed by closing the marina, which will be enclosed by the large piers, for a proportion of the year. Practically speaking, what is likely to happen is that once the marina is built, and people have their boats there, they will want to take them out at times different from the season. Of course, they will want to keep testing—reapplying for—the planning permission to open up the marina for different times of year. I guarantee that it is only a matter of time before the condition placed on the development is ignored or set aside, as it will come to be seen as completely unreasonable. Whether or not it is the right place for a major marina—there is certainly scope for mooring of boats and a small—scale marina—it is wrong that environmental concerns should be addressed in this temporary and unsatisfactory way.

As a final aside, there are serious traffic concerns about a major development at Brightlingsea. Only one access road into the town exists, the B1029, which is an accident-prone access road that ends at a tangle of narrow streets and blind bends by the site. The local plan notes that traffic and parking are key issues, and the town council is particularly concerned that those have not been sufficiently addressed. The highways authority avoided its responsibility, however, by making no comment whatever on the application. That reflects a general neglect of Brightlingsea.

Brightlingsea is a town right on the edge of Essex—people never go there unless they are going there. Not many people really know Brightlingsea. I know Brightlingsea. It is one of the favourite corners of my constituency, an historic Cinque port, which gives a sense of the history of the place. Part of the development of the site includes what is known as "The Old Wreck House". The people of Brightlingsea are a very stable population with a tremendous community spirit, and they feel that their wonderful town is very precious. The development represents a very serious threat.

A viable, sustainable, medium-density low-rise scheme is possible on the dry land without the considerable expense of constructing major new and much higher protrusions from the shore haul. That would meet all the environmental and statutory requirements and be to scale and in character with the location. Such an alternative concept—one has been drawn up by a local architect—could sustain perhaps 50 to 60 units with a variety of community uses, such as retail and so on.

The current application has very little to commend it. I am disappointed that the developers have made so little effort to engage constructively with me to come up with a more viable proposal. Against the background of an outdated design brief, only a full public inquiry can unblock all the issues that have been raised, take a seriously objective view, set aside the history and decide in favour of what the vast majority of the people of Brightlingsea seem to want—a recommendation for a much smaller and more sympathetic development.

7.23 pm
The Parliamentary Under-Secretary of State for the Office of the Deputy Prime Minister (Mr. Tony McNulty)

I begin by congratulating the hon. Member for North Essex (Mr. Jenkin) on securing this debate. As it happens, I know Brightlingsea. The parents of very good friends of mine had a hostelry down in Brightlingsea. Although I confess that I have never been to the beach huts there, Brightlingsea was at that time blessed with several hostelries that were all rather close to each other. That made for inviting tours, popping in and out of each one. I did that many years ago, so I am familiar with the location and the description given by the hon. Gentleman.

The hon. Gentleman's interest in the proposed redevelopment of the James and Stone shipyard site comes as no surprise because, as he said, he made the Government Office for the East of England aware of his concerns about this matter back in February. I am also aware that he subsequently wrote on 30 April to the then Secretary of State for Transport, Local Government and the Regions, my right hon. Friend the Member for Tyneside, North (Mr. Byers), setting out his concerns in more detail and requesting that the planning application be called in for my right hon. Friend's determination. Tendring district council was formally directed on 14 June, under article 14 of the Town and Country Planning (General Development Procedure) Order 1995, not to grant planning permission until we have had the opportunity to decide whether call-in would be appropriate.

Before I proceed, it might be as well to remind the hon. Gentleman that our general approach is not to interfere with the jurisdiction of local planning authorities unless it is necessary to do so. Parliament has entrusted them with responsibility for day-to-day planning control in their areas, and it is right that they should normally be free to carry out those duties. There will be occasions, however, when we may consider it necessary to call in a planning application for determination by my right hon. Friend the Deputy Prime Minister instead of leaving the decision to the local planning authority. Our policy is to be very selective about using that power and, in general, we will take that step only if planning issues of more than local importance are involved. We have given as examples of cases that might be called in: those which may conflict with national policies on important matters; those which could have significant effects beyond their immediate locality; those which give rise to substantial regional or national controversy; and those which may involve the interests of national security or of foreign Governments. I am not saying that the shipyard falls into the latter category.

In addition, potential candidates for call-in are those applications that raise significant architectural and urban design issues. I am sure that the hon. Gentleman will appreciate that our consideration of this case has only just begun, and that it will be a while yet before we will be in a position to reach a view as to whether call-in would be appropriate.

Mr. Jenkin

I had not thought of raising the issue of national security, and I shall refrain from doing so. I submit that I make this plea on the grounds of architectural and urban design. I ask merely that the Minister refers to some of the very enlightened spatial development policies that the Government have introduced in recent years and that the Deputy Prime Minister has championed. The Minister will see that this development falls far short of what we expect in modern planning guidance. I hope that he will consider it in those terms.

Mr. McNulty

If the hon. Gentleman bears with me, I will touch on many of those policies and policy documents to which he refers.

As I was saying, I can give no undertaking at this stage about a call-in, and neither would the hon. Gentleman expect it, given my position. I can assure him, however, that the case will be looked at on its individual merits, and that very careful consideration will be given to the arguments for intervention that he has made today and in writing. I should make the point that in reaching our decision on call-in, we will look solely at the issues raised by the proposed development and not at its planning merits. It is not for us to judge whether planning permission should be granted, but only to decide whether that decision should be taken by my right hon. Friend the Deputy Prime Minister rather than Tendring district council, which is, essentially, the call-in process.

The hon. Gentleman underlines the importance of design in new development, and the Government are committed to encouraging good design. It is central to creating high-quality, sustainable places wherever new developments take place. It is central to delivering the vision set out in the urban White Paper, and is integral to the rural White Paper. Urban design is the art of making places for people. It is not just about making places visually attractive, important as that is, but is crucial to how places function, to maintaining and enhancing the vitality and viability of villages, towns and cities, to regenerating rundown areas, and to creating safer communities where people feel secure.

The planning system is a key means of delivering good design. Planning policy guidance note 1, "General Policy and Principles", sets out what is embraced by design and looks to all developments to uphold the principle of good design. It is policy to encourage good design and reject poor designs. That is underlined in more recent PPGs, and in particular in PPG 3 on housing. We expect local planning authorities to promote developments that bring together environmental, transport and planning best practice to create places with their own distinct identity and yet which are sympathetic to the local built environment. New development should help make places that are safe, attractive and of a quality that will endure. It should also be in sympathy with the character and setting of its surroundings.

Policy on design is supported by a number of good practice guides, and the hon. Gentleman alluded to some of them. "By Design", the companion guide to PPG 1, sets out the key principles of good urban design, how they might be applied and how to incorporate them into the planning and development process from the pre-application stage right through to the planning decision. "By Design" makes it clear that, as a matter of good practice, the fundamental design principles of a scheme should not be relegated for later consideration. They must be acceptable at the time that planning permission for the development is granted. "Better Places to Live", the companion guide to PPG 3, sets out the design principles and good practice that can secure quality in the design and layout of new residential environments, and it is equally important. "Places, Streets and Movement" emphasises the importance of designing new housing developments with people, and not just traffic, in mind.

Local planning authorities may have produced their own design guidance to aid applicants to bring forward development proposals, but they are expected to have regard to the more recent advice on design published by the Department and to ensure that this advice is reflected in any future revision of local design guidance that might be necessary.

In this case, the hon. Gentleman will be aware that an extant outline consent for development of the site to provide a mix of residential, leisure, marina and ancillary uses was also granted in 1994, with all matters reserved for subsequent approval. That permission was renewed in 1997, and I understand that an application for further renewal is also before the district council, although the article 14 direction, which I mentioned earlier and which has been served on the council, prevents it from determining that renewal application.

Local planning authorities are able to grant outline planning permission and reserve decisions on certain details until a later stage. Applications for approval of reserved matters—siting, design, external appearance, means of access and the landscaping of the site—effectively convert an outline into a full permission and must be approved before work can commence. Although design is a separate reserved matter, as is external appearance, it is important for local planning authorities to remember that urban design goes much wider than simply aesthetics. Siting, means of access and landscaping of the site all impact on the overall urban design.

My right hon. Friend the Deputy Prime Minister is able to call in an application for approval of reserved matters, but I must emphasise that intervention at the reserved matter stage is likely only in wholly exceptional cases. It must relate solely to the reserved matters and cannot look to reopen issues concluded by the granting of the outline planning permission.

Mr. Jenkin

Given that the previous planning permission is up for renewal and that, if there were a public inquiry, it would consider the renewal of that planning permission, am I wrong to assume that, within the purview of that inquiry, it could conclude that the number of dwellings in previous planning permissions granted has been excessive?

Mr. McNulty

With the best will in the world and given that I have had this role for only four weeks, I shall certainly not speculate on the outcome of public inquiries that may or may not happen in the immediate future. I am not entirely sure whether the article 14 direction, which would prevent a determination of the renewal, would lump the application for renewal in with the initial application that is before my right hon. Friend the Deputy Prime Minister. I shall write to the hon. Gentleman on that, because I am not entirely sure of the answer and it would be wrong of me to suggest that I am. I shall not be going into the other elephant trap that has been set because I have been in this post for only four weeks.

Once again, I congratulate the hon. Gentleman on securing this debate on what is clearly an important issue in his constituency. At present, however, we are concentrating on examining the case for calling in the latest full application. His points, together with those made in the petition when it is presented, will—if they raise material planning matters—be taken into account together with all other material planning matters.

As I said, I have a personal knowledge of Brightlingsea; I like the town. I have not been there for ages but, given the comments about beach huts, I may be tempted to visit them as well as the hostelries.

Question put and agreed to.

Adjourned accordingly at twenty-six minutes to Eight o'clock.