The Rt Hon Ruth Kelly MP

Secretary of State for Communities and Local Government and Minister for Women

 Planning application WB/04/00040/OUT

 THE WEST DURRINGTON DEVELOPMENT 

Dear Secretary of State 

We the undersigned, and supported by Dame Anita Roddick, representatives of Protect Our Woodland, The East Preston and Kingston Preservation Society, The Worthing Society, Worthing Friends of the Earth, The Ilex Group, The West Sussex Green Party together with The Worthing Green Party are deeply concerned by an application for a 875 house and infrastructure development on a Greenfield site and the impact it will have on one of the last remaining block of Ancient Woodland on the coastal plain of Southern England. We are also concerned that the local community has lost confidence in the planning system.

Therefore we are requesting that this planning application for 875 houses at West Durrington, Worthing, and alterations to Titnore Lane should be called in and referred to a Public Inquiry.  Worthing Borough Council’s Development Control Committee voted (by 6 to 4) to approve this planning application at its meeting on March 28th 2006. The Section 106 agreement relating to this application has not, however, been signed; and the Worthing Society has threatened to institute proceeding for a judicial review if planning permission is granted. The matter challenged, would be the Council’s decision to approve alterations to Titnore Lane. Worthing Borough Council has agreed that it will not sign the Section 106 agreement while it reconsiders its decision concerning the alterations to Titnore Lane. West Sussex County Council has meanwhile stated that it will not insist on these alterations being made if the development at West Durrington goes ahead.

The issues this planning application raises, concerning the various inconsistencies between the application and the Worthing Local Plan and the Inspector’s Report on it, the indirect impact on the proposed South Downs National Park, together with other issues of public concern should be exposed to public examination before an Inspector. The case for calling a public inquiry was argued by many organisations in the summer of 2005, after the Development Control Committee of Worthing Borough Council had voted to recommend approval of the planning application for the development at West Durrington, but it was rejected by the then Secretary of State. His decision was reported to Worthing Borough Council in a letter from Ms Susan Barnes of GOSE to Mr J. Appleton of WBC on July 26th 2005.

  This letter argued, despite the impact on the proposed National Park, that the decision to approve development at West Durrington has not generated controversy at national level, nor substantial regional controversy, as it did not raise matters of more than local importance. The Secretary of State had decided that he should leave the question of whether to grant planning permission to the local planning authority. 

1.      Worthing Local Plan

 When Worthing Borough Council published its proposed modifications to the Worthing Local Plan in May 2002, it stated that it agreed to all the Inspector’s Recommendations concerning Policy H4 West Durrington. One of the Inspector’s recommendations was that there should be “the minimal linkage between parcels 1,2 and 7”.

 The layout of the development that the Development Control Committee voted to grant planning permission on March 28th includes a spinal road, running from an entrance on Titnore Lane to the centre of the development. This layout of the development clearly contravenes the Inspector’s recommendation that there should be the minimal linkage between the development in the fields fronting Titnore Lane and the rest of the development. If the development followed the Inspector’s recommendation, there would be only a footpath and cycleway between these two parts of the development. WBC has failed to implement its own agreement to the Inspector’s recommendation.

 The Inspector also commented on having further investigation into an access off the A27 to the development rather than Titnore Lane.

Finally the Inspector recommended that there should be a Transport Impact Assessment before planning permission was granted. This assessment, undertaken by the developers’ transport consultants, was limited to estimating the effect of various access strategies, with and without an entrance on Titnore Lane, on the number of accidents in Durrington. It did not consider the environmental impact of the various strategies. 

 The estimates it produced of the effect on accidents were worthless: the study predicted the effect on accidents in Durrington if there was no entrance on Titnore Lane and there was therefore more traffic in Durrington; but it did not predict the effect on accidents in Titnore Lane if there was this diversion of traffic from the lane to Durrington. There was therefore more traffic in the case where there was no entrance on Titnore Lane than there was in the case where there was an entrance on Titnore Lane. This study, with its elementary error, was used to justify an access strategy that placed a main entrance on Titnore Lane.

 2. Highways Agency

 The Highways Agency maintain that the A27 through Worthing is ‘at capacity’ and at a recent Public Inquiry gave that reason for objecting to the construction of 90 houses near the eastern boundary of Worthing. They also offered initially the same ‘at capacity’ objection to the 875 house etc development in Durrington on the Western boundary – yet later withdrew that objection without explanation. Our consultants are mystified by this turn around as the Durrington development is directly adjacent to the A27 and residents intending to travel east to Lancing/Brighton etc would join the A27 at Patching and would therefore be using the road space that the Highways Agency admit is already at capacity.

 We might also add that should Worthing hospital be downgraded and lose its A&E department, a further 875 households might need to use the A27 to receive treatment in another hospital.

             3. Local Public Concern

 There is considerable local unrest due to the feeling that the democratic process has been overridden in order to approve the application at all cost. Despite residents collecting over 4000 signatures on petitions (one of which was handed to the Mayor by the M.E.P) hundreds of individual and standard letters, the borough’s planning officers hardly mentioned them in documents to the Development Control Committee and only replied to a few. 

The local community showed their feelings of disgust at the local elections when only 21% turned out to vote and now objectors to the scheme have taken direct action with an occupation of the woods.

4. Environmental Impact Assessment  

The environmental assessment was undertaken over 4 years ago, is out of date and woefully inadequate. For example, the surveys for just three (as there are to many to list here) key protected species (great crested newts, bats and dormice) reported on here, are all afforded full legal protection and the developers are required to obtain DEFRA licences, yet, even at this stage in the application process both the developers and the council appear not to be taking this issue very seriously.

Therefore Friends of the Earth Legal Department forcefully issued a request on 17 June 2006 for up to date surveys to be carried out. To date, despite regular chasing, the council has failed to respond.

*Bats :*

A considerable number of mixed native woodland trees will be felled, yet the surveys only looked at 13. Even for this small amount, no one actually climbed them to check for suitable roosting holes, someone just stood at the bottom with bat detectors to see if any bats emerged in the time that they were there.

South Lodge Rue will have trees removed to allow for an access road, yet it was not surveyed at all. In the bat surveys it mentions 1 tree, but no specifics on what (if any) surveying has been carried out. This whole area needs to be surveyed.

A long standing maternal bat roost was there when these surveys were carried out, but those completing the survey missed it; also this maternal roost contains brown long-eared bats, which are notorious for being hard to pick up on bat detectors and emerge much later at night than other species. As the surveys were only carried out from sunset for one hour to darkness, this shows how the other roost sites could have been missed.

Bats were surveyed in August 2002, with an update in August 2003 yet no specifics given except for 'no change'.


*Great Crested Newts*

Only surveyed on a few occasions each year, some years some ponds have not been surveyed at all. Titnore Lake has never been surveyed. This has been taken up with the Planning Dept, but to date they have given no reason as to why.

The land around the ponds where Great Crested Newts are present has been left fallow and it is likely that newts are directly in areas where roads/houses are to be built.

Last surveyed June 2003.

*Dormice*

*Dormice were last surveyed in October 2003

All the surveys were carried out on the east side of Titnore Lane, therefore nothing is known of viable populations on west side of Titnore Lane. Should any road works take place that removes the tree canopy from arching over the lane, it will mean that potentially those dormice seen/recorded on the west side will not be able to cross the lane to the rest of the woods, as dormice are arboreal.
With much of the woodland and hedgerow on the development site considered good potential for dormice, the majority of these hedgerows – although classified as 'important' under Hedgerows Regulations 1997 - are to be removed, in which case this in itself will put any dormice at risk when this work is carried out, it would also mean that there would be more reason for any dormice on the east side of the lane wanting to get to the relative safety of the non-developed west side of Titnore Lane
(Titnore lane itself cuts through the ancient woodland).

Dormice last surveyed October 2003.

Other surveys relied upon for the Environmental Impact Assessment: 
Botanical        - carried out September 2000
Birds              - carried out September 2000
Invertebrates - carried out June 1992
Fungi             - carried out October 2000
Badgers        - carried out November 2000
Reptiles         - carried out July 2003
Water voles   - carried out June 2003
 

            5. Effect on the Proposed National Park 

The designated boundary of the proposed South Downs National Park runs along part of the border of the proposed West Durrington development; the back gardens of many houses would run up to the boundary of the Park. Furthermore the development would add an inappropriate urban element to the view as it would be visible from Highdown Hill, a unique feature of the Park owned by The National Trust. The developers proposed, at the South Downs National Park Inquiry, that this adverse effect of the development implied that the boundary of the Park should be moved further north and west, away from the development. If the protection of the landscape is the priority however, it’s the development that should be moved away from the Park.

Conclusions 

We the undersigned feel that this combination of factors, including Worthing borough council’s failure to implement its own agreement to the Inspector’s Local Plan recommendation, makes it appropriate that the decision of your predecessor should be reversed, and this application should be called in for examination before a public inquiry.                                                                   

On Behalf of: 

Protect Our Woodland                                                             Signed__________________

 

The East Preston and Kingston Preservation Society          Signed__________________

 

 

The Worthing Society                                                                Signed__________________

 

Worthing Friends of the Earth                                                   Signed__________________ 

 

The Ilex Group                                                                             Signed__________________                       

 

The West Sussex Green Party                                                  Signed__________________ 

 

The Worthing Green Party                                                         Signed__________________ 

 

Dated__________________________________