Thank You so much for all of the support so far which has seen the petition hit 700 signatures.
It can still be shared even though the original deadline for the planning comments has passed (see below on uncertainty as it seems to remain open now)...
There was a little drama with the County Council Planning Application system yesterday when it stated that the application had closed for comments before the deadline had passed! Possibly as a result (or after widespread cries for an extension by Councillors and nearby Parish councils some of whom were not aware of this), the Expiry Date For Consultation has currently been removed and is currently not shown and objections can still be reasonably submitted. (here: https://planning.derbyshire.gov.uk/Planning/Display/CW9/1022/22)
I submitted the petition (so far) yesterday so that it met the original deadline, along with a letter that justified the landscape/visual effect grounds it relates to it.
Since it is possible to submit additional comments, because there is no stated expiry date now on the application, and because the council have said they will continue to accept comments after this date, then I shall look to submit the further/final petition data at a later date (which I'll establish with them). The text is copied below (apologies that I am a wordy person!):
"
Dear Derbyshire County Council Planning,
CW9/1022/22: Land adjacent to Willshee's Waste And Recycling Limited, Keith Willshee Way, Swadlincote, DE11 9EN
I write to submit to you, the signatures, and comments of 690 people who object to the incinerator (known as the ERF at the Swadlincote Resource Recovery Park). Signatories believe that this would cause detrimental harm to the National Forest landscape.
The petition was conducted online over a period of 5 days from the 5th to the 10th January 2023: https://www.change.org/p/save-the-national-forest-landscape-from-a-60metre-incinerator
I believe the petition text appended provides a valid and factual representation of the impact harms that the LVIA outlines, and that the weighting of some 700 in agreement might hold some value towards our representations against the development at the heart of this application.
Establishing the Landscape and Impacts
Establishing the Harm to the Landscape
The Landscape and Visual Impact Assessment (LVIA) that accompanies the application includes extensive appraisals of the effects of change on the views available to people and their visual amenity both close and within approximately 2km of the development. The LVIA appendices contain visual support in the form of photomontages and viewpoint photos with wire grid perspectives which show significant disruption to the view and visual amenity of ‘village estate farmlands’ characterised in the Landscape Character descriptions pertinent to this area.
The LVIA states the sensitivity, magnitudes and significance of the impacts on National Forest landscape and views. The descriptions of these contained within table 5.8, which our petition used as a reference. It outlines ‘large-to-medium’ impact (magnitude) and of ‘major-to-moderate significance. This would be permanent. The photomontages support this.
The Village Estate Farmlands characteristic of the National Forest would be most impacted.
Changes in the content and character of views will result from this development
These cannot be mitigated in line with the LVIA: “due to the large-scale nature of the Proposed ERF, the new planting is not likely to appreciably reduce adverse visual effects during operation” (LVIA, p.26).
Visual effect
The landscape falls within National Forest designation and is noted as being of particular character in Natural England’s National Character Area profiles (which outline its ‘tranquillity), it meets various demonstrable attributes of GLVIA3.
The changes in views from the Caldwell, Drakelow, Rosliston, Newhall (West) and Stanton (West) are those most under objection. The landscape that would be impacted is currently intact (with the exception of pylons in some locations) and there are no significant or inconsistent elements that currently disrupt this. Unlike the regenerated and restored environments under the black-to-green ethos of the National Forest, the countryside of this landscape is original and in its natural form, suggesting further landscape quality - this also makes it rare in the local context. Indeed, this article in the National Archives Mease and Sence Lowlands [typo error removed] states "Caldwell is a small agricultural village over 1000 years old. In 1972 the author of this article comments ... and how Caldwell remained mainly untouched by the effects of industrial revolution."
From the location outlined above, There is good scenic quality and the landscape appeals to the senses by the nature of several kilometres of rolling fields and estate farms to woodland at the far vista. The particular character (pertaining to representativeness in the GLVIA) and perceptual aspects, as outlined in the National Character Area profile are described as ‘tranquil’. The landscape holds much recreational value given the extensive bridleways, footpaths and quieter roads that give rise to more pleasant recreational pursuits such as walking and cycling (particularly to those in more urban Burton upon Trent). The impacts for recreational users and indeed this landscape can be seen in LVIA appendix viewpoint 6 at grid reference 425889 317985 which demonstrates a fairly typical view of the rolling fields and character of the area, it demonstrates the extensiveness of the development on this view.
From the location outlined above, those groups/people sensitive to these changes would be travelling on foot, bike, car or other means. Given the network of connecting villages served by the country roads, people may experience changes in views when travelling for work purposes, to directly engage in recreational purposes (for instance cycling those roads or using the extensive PROWs that connect the farms and villages), or to reach other attractions (for instance, the Rosliston Forestry Centre which attracts over 200,000 visitors a year). The particular pleasure in this section of countryside, as a tranquil bridge between Swadlincote and Burton, means its likely that those selecting this route to travel will be more susceptible to the change (i.e. they seek to enjoy the countryside break from those towns and urban settings to the east). Recreational users on the extensive PROWs would also be highly susceptible to any change, particularly of this nature. Again, as a gateway to the Rosliston Forestry centre, the views of the surroundings are an important contributor to the experience. Those communities benefitting from the views and what they add to the landscape setting would also be susceptible to the changes this development would bring.
The descriptions of the landscape within area profiles suggest their value. The Rosliston Forestry Centre states on its website that it boast ‘panoramic views’ and visitors can engage with a viewpoint close to the visitor centre that looks northeast towards the region where the development would dominate.
As the LVIA appendices demonstrate, those close to viewpoints from Newhall/Swadlincote, for instance whilst using the recently established Golf Course and Country Park will be experience a change to the view, given the recreational nature of people being there, they may be more susceptible to this change. The presence of nearby houses does disrupt the near views.
Given the changes are described as large scale then the visual effects are significant since the development is new and unlike any other structure nearby (and therefore non-characteristic). The proposed development would be significant and adverse, in that it intrudes on the panoramic views of those around Caldwell, Drakelow, Rosliston, Newhall (West) and Stanton (West). The large-scale of the development means this cannot be mitigated (as the LVIA states).
Additional Evidence in Support of The Landscape Character
Below is additional evidence that establishes the merit and value of this landscape.
· South Derbyshire Sustainability Appraisal (2018): "This indicates that access to open space is best around the National Forest area including Swadlincote and along the Trent Valley".
· Other: An article in the National Archives about Mease and Sence Lowlands Has endured states "Caldwell is a small agricultural village over 1000 years old. In 1972 the author of this article comments ... and how Caldwell remained mainly untouched by the effects of industrial revolution. "
· The National Forest Strategy (2014-2024): "The National Forest will be a transformed landscape across 200 square miles of the heart of England"; "The landscape is beginning to suggest the ultimate mosaic of woodlands and other habitats which will wend its way through transport links, factories, farms and settlements: a modern take on the medieval idea of a forest," (p.3); "The National Forest will strengthen its contribution as a national exemplar alongside being a local success story. It will develop as a centre of excellence, a test bed for innovation through landscape-scale change" (p.4); This includes all aspects of the forest, including non-wooded habitats and visitor attractions. The aim is to maximise the value of all kinds: commercial, landscape, recreational: (p.54 "with the forest on its doorstep. The forest is a source of pride for residents and partner organisations" (p.3)
· South Derbyshire Environmental Audit: South "Derbyshire District also lies within some important landscape-scale projects. The largest of these is the National Forest, " (p.1); 'OnTrent is a major partnership project to benefit wildlife, heritage & people in parishes along the Trent Valley, which flows along the south western border of South Derbyshire before cutting across the centre of the District. The aim of OnTrent is to create "A river that is rich in wildlife habitats, landscape and historic features for the benefit of all, both now and in the future". ' (p.1)
· Lowland Derbyshire Biodiversity Action Plan: "At a national level, effort and funding is already being targeted at landscape‐scale delivery" (p.17). Designates the impacted as 'village/village estate farmlands' which comprise the National Forest area (p.20).
· Landscape Character Description (Mease/Sence Lowlands) Part 1: The area is predominantly an open agricultural landscape with small copses and spinneys on ridges, and occasional trees scattered along watercourses. Woodland is apparent in association with parkland scattered through the area, as at Catton Park"; "Only adjacent to Burton-upon-Trent has there been any significant post-war development. The villages retain a largely remote and rural character" ( 1.10); "The overall landform, defining the Village Estate Farmlands, is that of gently rolling lowland with minor ridges and shallow valleys”(1.10); “The Mease/Sence Lowlands is primarily an agricultural landscape and most of its habitats are associated with farmland."(10.4).
· Landscape Character of Derbyshire (Part 2): "Development can and does impact on the landscape. In order to encourage the retention of the individual characteristics and distinctive features of Derbyshire's landscapes, guidance has been provided for the design and location of new development within the countryside." (1); 'Conservation of rural character, settlement pattern and vernacular patterns' is a primary aim outlined for the Village Estate Farmlands' (p.2-3).
As relevant to the District and Local Plan Sections
The SDDC Adopted Local Plan outlines various policies that seek to prevent harm to landscapes and that may be relevant in determining this application.
· Policy S1: “It is essential that the District’s heritage assets, landscape and rural character are protected, conserved and enhanced”.
· Policy E2: “All proposals under part A should be in scale with existing built development and should not give rise to undue impacts on the local landscape, natural environment or cultural heritage assets”.
· Policy E7: “i) it is supported by a sound business case; ii) the local highway network is capable of accommodating the traffic generated; iii) development will not give rise to any undue impacts on neighbouring land; iv) it is well designed and of a scale commensurate with the proposed use v) visual intrusion and the impact on the character of the locality is minimised.” Rural development asserted given that the development bridges the village boundaries of Stanton on district, Policies Maps and historical maps.
· Policy SD1: that “does not lead to adverse impacts on the environment or amenity of existing and future occupiers within or around proposed developments”.
· Policy INF7: “The District Council will seek to conserve, enhance and wherever possible extend green infrastructure in the District”. The LVIA clearly outlines hard to the PROWs
· Policy BNE4 B: States unequivocally that a development, “will not be permitted’ if it were to have an unacceptable impact on landscape character, visual amenity and sensitivity that could not be ‘satisfactorily mitigated”.
There are several legal cases that assert these landscape factors and the relevance of the LVIA assessments including photomontages as material planning considerations, particularly within energy contexts.
As relevant to the National Policy Planning Framework
· Para 130: Planning policies and decisions should ensure that developments: "are sympathetic to local character and history, including the surrounding built environment and landscape setting"
· Para 145: Once Green Belts have been defined, local planning authorities should plan positive to...retain and enhance landscapes, visual amenity or biodiversity".
· To achieve sustainable development the CCCC(SD) “contribute to protecting and enhancing our natural, built and historic environment”
· Para 146: "The National Forest and Community Forests offer valuable opportunities for improving the environment around towns and cities, by upgrading the landscape and providing for recreation and wildlife. "
· Para 155: "To help increase the use and supply of renewable and low carbon energy and heat, plans should: a) provide a positive strategy for energy from these sources, that maximises the potential for suitable development, while ensuring that adverse impacts are addressed satisfactorily (including cumulative landscape and visual impacts);"
· Para 174: “Planning policies and decisions should contribute to and enhance the natural and local environment by: a) protecting and enhancing valued landscapes...recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital"
Thank you for taking the time to consider the points raised.
The undersigned
Submitted by organiser Dr Tracey Wond
"
Should you wish to submit personal objections around these or other visual effects on the views and landscape then feel free to use or evolve some of the points made in the letter above. It would be valuable to submit further evidence if you have any. Those with a legal background might be able to outline past cases that are relevant (there appear to be several cases where visual effect and the LVIA have been used and upheld successfully for developments with far lesser impact and magnitude)
Comment on the application here: https://planning.derbyshire.gov.uk/Planning/Display/CW9/1022/22
An email from the County Council stated: " the Council will continue to accept and consider representations received after this minimum period [to the 10th] has expired, within a reasonable timescale prior to the determination of an application. "
Help on making an objection:
THANK YOU AGAIN FOR ALL OF YOUR SUPPORT TOWARDS THIS.