29 September 2020

Alan Jarrett 
Medway Council

27 August 2020

Dear Councillor Jarrett,

As leader of the Conservative group of councillors on Medway Council, I am sure you will welcome your government’s recent initiative contained in the August 2020 White Paper, ‘Planning for the Future’.

Having studied your government’s timely intervention in the planning system, I would like to bring to your notice several elements of the White Paper that will have a significant impact on the Emerging Medway Local Plan.

One particular element of the White Paper has received considerable publicity. This is the proposal to designate three types of planning area: 1. Growth, 2. Renewal and 3. Protected.

More than half of the Medway Council area is comprised of areas of globally significant habitat and biodiversity, along with their corresponding impact risk zones.

Under the Act of Parliament that will follow the White Paper, these areas will be designated as ‘Protected’ areas and stringent planning procedures will be in force to ensure that these areas are given the protection they merit.

Presently of course these areas are protected under the Berne and Bonn conventions, and until recently this protection has been the responsibility of Commissioners in the European Parliament. This responsibility has recently been passed on to ‘Natural England’ with the passing of the ‘Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

You may recall that at the time the above legislation was considered in Grand Committee by the House of Lords, the Chairman, Lord Gilmour of Kimble, gave the assurance that ‘The technical changes made by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019¹ enable the UK to continue to meet its international commitments, such as the Berne and Bonn conventions, and ensure that regulations transposing the EU habitats and wild birds directive as operable.’

The noble lord, went on to give the following assurances regarding ‘imperative reasons of overriding public interest that may apply in the granting of a planning application for a proposal which may adversely affect priority habitats, but where there is no feasible alternative’. Lord Gilmore stated. ‘It is my understanding that imperative reasons of overriding public interest have never been deployed in relation to priority features with regard to planning proposals anywhere in the UK’.

Lord Gilmour of Kimble went on to confirm that ‘This instrument will ensure that the strict protections that have been in place for many years for our most vulnerable habitats and species are maintained when we leave the European Union’. He also stated that ‘Any amendment under this provision which cannot be supported by expert opinion is open to challenge in Parliament or the courts.’

You are, of course, aware of the international significance of the Hoo Peninsula and Medway Estuary and the global importance of the habitats and species that belong there.

The Emerging Medway Local Plan, however, pays no regard to the value of the area in terms of its ecology, biodiversity and estuarine environment, and is therefore in direct contravention of ‘The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’

The ‘Planning for the Future’ White Paper affords Medway Council an opportunity to bring its Local Plan into line with both national and international law. The many Green Party members in Medway would, I am sure, urge you to take the necessary action to protect what is a unique and special environment.

It is assumed that the Emerging Medway Local Plan is in the process of complete revision in the light of the on-going Covid 19 pandemic and the changes that this has brought about in peoples’ lives and work patterns.

Further amendments to the Local Plan, in line with government policy, as mentioned above, would also be greatly appreciated.

I would welcome your personal views on this matter.

Yours sincerely,

Bernard Hyde. Dip. Arch. RIBA. Dip.TP.
On behalf of Medway Green Party

References:
1. Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. House of Lords, 6 March 2019.

 

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Response from Cllr Jarrett received 18th September 2020

Dear Mr Hyde

Thank you for your letter of 27 August.  I welcome your comments and note your concerns as they relate to the Government's White Paper 'Planning for the Future'.

Before we are able to ascertain the extent to which the White Paper could impact upon Medway's emerging Local Plan, there is a need to better understand the Government's intentions and the detail associated with the practical execution of the Paper.  I assure you that the Council Officers will continue to monitor the situation closely.

It would be improper for me to comment on the detail of the Local Plan at this stage as I would not wish to pre-empt any outcome.

My Conservative colleagues and I will always continue to act in the interests of the people of Medway - balancing the need to respect and protect our greenspaces with the duty to provide homes and infrastructure to support our growing community in a sustainable manner.

Yours sincerely,

Councillor Alan Jarrett
Leader
Medway Council

 

 

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