Council Meeting re the Adoption of the Isle of Wight Core Strategy Plan

name removed 23 Oct 2012 made this Freedom of Information request to Isle of Wight Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

name removed 23 Oct 2012

18 February 2012

Dear Isle of Wight Council, Mr Lacey, Mr Bacon Isle of Wight Councillor Brading, St Helens and Bembridge, Mr Joyce Isle of Wight Councillor Brading, St Helens and Bembridge, Mr Turner MP for the Isle of Wight, Mr Pickles Secretary of State,

As there is a Full Council Meeting on 21 March 2012 to convene to adopt the altered Plan, it is now an urgent requirement for this Register of all

a] the Settings of each and every Nationally Listed Building on the Isle of Wight to be made public - so as to avoid legal challenge that can end up in the High Court with massive public monies at stake as well as much time and effort and money by the owners of Listed Buildings

b] the Curtilages to be made public - note not the boundaries of the sites of where these Listed Buildings are because the Listed Building Curtilages can be different - and hence the knotty problems that can end up in the High Court with massive public monies at stake unless there is total clarification for each and every Listed Building

c] the precise details of each and every Listed Building Curtilage Building and Curtilage Structure to be made published so as to avoid legal challenge in the High Court as it is a contentious matter as to what is and is not a Listed Building Structure or Building - as I have found out over the last 3 years.

Without these details, I believe that the Isle of Wight Council might be on very shaky ground - literally and metaphorically speaking - and there could be a great deal of toing and froing in light of the new presumption for sustainable development on account of the new proposals for the national planning framework within which each local planning authority will have to make decisions.

Clearly this is of national proportions - each authority has to provide its strategy plan.

A great deal of energy has gone into getting this Core Strategy Plan to be accepted by the Planning Inspectorate.

Did the Isle of Wight Council produce the Register of its hundreds of Listed Buildings and Listed Structures to the Planning Inspectorate complete with the register of all the curtilages of each and every Listed Building and each and every Listed Structure; and of each and every Listed Building Curtilage Building and of each and every Listed Buidling Curtilage Building; and of each and every Listed Building setting?

For English Heritage has stated to me that this is the regulatory duty of the Isle of Wight Council as it is they and not English Heritage which has the responsibility to register these details.

And so I come again to request these details just as I did previously.

Please may I have the url link to your Register as requested above via whatdotheyknow website - it must include the precise details of all the Listed Building and Listed Structure settings, all the Listed Building curtilage buildings, all the Listed Building curtilage structures, all the Listed Building and Listed Structure precise details of their curtilages.

This way when people want to know whether or not there are any potential blocks to their applications rather than wait until they get to a High Court to argue the toss, they can look BEFORE making any planning application and then consider their options thereby saving not only them money and time but also the Council considerable effort and money in trying to find out what is actually the position.

Thank you very much for your help and I look forward to receiving the data I have requested.

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Salter, Karen, Isle of Wight Council

1 Attachment

Dear Mrs [last name removed]

 

Please find attached our letter acknowledging your Freedom of Information
request.

 

Kind regards

 

Karen

 

Karen Salter | Business Support Assistant | Planning and Regulatory
Services
Isle of Wight Council | Seaclose Offices | Fairlee Road | Newport | Isle
of Wight | PO30 2QS
Tel: (01983) 823552  | Fax: (01983) 823851 |

Email : [email address]

 

Lacey, Ian, Isle of Wight Council

1 Attachment

Dear Mrs [last name removed]

Please find the attached reply to your recent request for information

 

Kind regards

 

Ian Lacey

name removed 23 Oct 2012

7 MARCH 2012

Dear Mr Lacey,Isle of Wight Council, Mr Turner MP for the Isle of Wight and Mr Pickles, Secretary of State, and the Planning Inspectorate,English Heritage,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Isle of Wight Council's handling of my FOI request 'Council Meeting re the Adoption of the Isle of Wight Core Strategy Plan'.

I thank you, Mr Lacey, for your response to my FOI Request explaining the Isle of Wight Council's response under the Environmental Information Regulations,IWC Ref iw12/2/49999 .

I wish to request an Internal Review of the answers to my requests as detailed by Mr Lacey in his response as follows:

Re LISTED BUILDINGS SETTINGS:

"The Council does not have a full list of all the listed buildings settings, in fact there is no such list in existence, nor is it possible to produce such a list. Setting is the surroundings in which a listed building are experienced (English Heritage guidance) and page 5 of the guidance refers to the definition of setting given in Planning Policy Statement 5 (PPS5) - “the surroundings in which (the asset)is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve.”

The guidance then goes on to provide information on the principles that enable the concept of setting to be better understood, but importantly it clearly states that “setting does not have a fixed boundary and cannot be definitively or permanently described as a spatially bounded area or as lying within a set distance of a heritage asset” Planning Officers use their professional judgement and guidance from English Heritage to assess the setting of Heritage Assets - http://www.english-
heritage.org.uk/publications/setting-heritage-assets/

The setting of a listed building will often mean something wider than its curtilage or just the land that can be seen from it. In practice the question is not what is the boundary of the setting, but rather does a particular proposed development affect the setting of a listed building in the vicinity. The answer to this is likely to depend upon the nature of the proposal as much as on that of the listed building. Therefore it would not be possible to identify the ‘setting’ of every listed building on the Isle of Wight as this must be dealt with on a case by case basis taking into account the type of development proposed."

re CURTILAGES OF LISTED BUILDINGS:
"The Council does not hold a register of all of the curtilages of the listed buildings, not is it
legally required to do so. Listed buildings are listed by English Heritage and the information is provided to the Local Planning Authority by English Heritage. The Local Planning Authority identify if a building is listed, or not from the information supplied by English Heritage. Planning officers use their judgement to assess the cartilage based on the details of the specific site and the information provided by English Heritage."

re ISLAND PLAN CORE STRATEGY AND THE PLANNING INSPECORATE:
"The council has not provided a register of listed buildings and structures to the Planning Inspectorate as part of the Island Plan Core Strategy examination. Such information was not requested by the Inspectorate, or by English Heritage. As you are aware, English Heritage has been a statutory consultee in the Island Plan Core Strategy process and at no point did they request that such information was provided, or indeed quote any legislation or guidance that required the council to do so. Both the statutory listing of buildings and local listing of buildings are processes which are outside of the Local Plan process. Therefore whether a building is listed or not (statutory or locally) is not an for consideration through the core strategy process. However, for your information, the core strategy when finally adopted will be accompanied by a set of proposals maps, which will include information provided to the LPA from English Heritage which identifies listed buildings and locally listed buildings identified by the LPA.

The soundness of the Island Plan Core Strategy and it being adopted is not dependent upon, or related to, the provision of any register of listed buildings."

Reasons for my request are as follows:

1] The Island Plan Core Strategy deals with the Environment, and as Mr Lacey has identified that my Request comes within the Environmental Regulations, then I believe that the Listed Buildings and Listed Structures and their curtilages and curtilage structures and curtilage buildings and Listed Building Settings ARE crucial to the Island Plan Core Strategy and must perforce be part of the negotiations with the Planning Inspectorate - and as part of the national planning framework.

2] For the national planning framework to be workable and sustainable, information must surely be made available to all developers and planners alike so that INFORMED decision-making can take place. And that is why I requested the information.

3] If you do not have a register per se, at the very least please provide for each and every listed building and listed building structure on the Isle of Wight the exact curtilages of each listed building and listed structure, and also which specifically are the listed building curtilage structures and listed building curtilage buildings. As you are aware, I have been involved since 2009 regarding various complex issues surrounding Listed Buildings and still I am confused by some of the answers I have received.

4. I return to my request for the information to be disclosed to the public that which is known by the Isle of Wight Council regarding ALL the nationally listed Listed Buildings and Listed Structures on the Isle of Wight and their associated Curtilage Structures and Curtilage Buildings and exact Curtilages. English Heritage told me that it is the responsibility not of them but of the Local Authority - ie the Isle of Wight Council specifically - to keep records of what exactly is there. I do not have this in writing.

I would be most grateful for an urgent assessment before the Council Meeting meets to adopt the Island Core Strategy Plan because I believe otherwise it might be open to legal challenge as to its soundness. And we have already experienced the rejection of the plan produced in 2009, and it is not going to be good if this one fails at the last hurdle, I aver. We need our Core Strategy Plan to be watertight legally, and I wish the Isle of Wight Council well.

Thank you very much for your help in this matter,

Yours sincerely,

[first name removed] [last name removed]

Member of CPRE

Hazell, Georgina, Isle of Wight Council

Dear Ms [last name removed]

 

Request for Information Ref iw12/2/49999 Appeal iw12/3/14213

 

I write with reference to your appeal dated 7 March 2012 in connection
with your above referenced request under the Environmental Information
Regulations 2004 (“EIR”). Your request specifically referred to “the
settings of listed buildings and detail of every listed building curtilage
building and curtilage structure”. 

 

In accordance with the councils Access to Information Policy, an
independent review has been undertaken to determine whether any further
information is held that is relevant to your request. I have carried out
this independent review which included seeking clarification from relevant
officers and departments and can confirm the following:

 

a] the Settings of each and every Nationally Listed Building on the Isle
of Wight to be made public

 

I find that the Isle of Wight Council does not hold a full list detailing
the ‘settings’ of listed buildings. This is due to the settings being
judged on a case by case basis as the building setting will not have a
fixed boundary. I therefore uphold the finding that no information is held
in relation to this element of your request and apply the exception under
12(4)(a) EIR.

 

b] the Curtilages to be made public and c] the precise details of each and
every Listed Building Curtilage Building and Curtilage Structure to be
made published.

 

I find that the Isle of Wight council does not hold a register of all
curtilages of the listed buildings, this again is due to the curtilages of
buildings being judged by officers from guidance through the English
Heritage on a case by case basis I therefore uphold the finding that no
information is held in relation to this element of your request and apply
the exception under 12(4)(a) EIR.

 

d] Did the Isle of Wight Council produce the Register of its hundreds of
Listed Buildings and Listed Structures to the Planning Inspectorate
complete with the register of all the curtilages of each and every Listed
Building and each and every Listed Structure; and of each and every Listed
Building Curtilage Building and of each and every Listed Building
Curtilage Building; and of each and every Listed Building setting?

 

I can confirm that the Isle of Wight council was not required to produce a
list of the listed buildings to the planning inspectorate. I also find
that we do not hold a list of all curtilages nor settings of the listed
buildings therefore did not provide this to the planning inspectorate, in
relation to this element I apply the exception under 12(4)(a) EIR.

 

e] The url link to your Register

 

You can find the facility to search listed buildings at the following link
or you can view the list at the planning offices at Seaclose Offices,
Fairlee Road, Newport, IW, PO30 2Q.

 

[1]http://www.iwight.com/living_here/conser...

 

You subsequently contacted the Isle of Wight council with the following
concerns:

 

1] The Island Plan Core Strategy deals with the Environment, and as Mr
Lacey has identified that my Request comes within the Environmental
Regulations, then I believe that the Listed Buildings and Listed
Structures and their curtilages and curtilage structures and curtilage
buildings and Listed Building Settings ARE crucial to the Island Plan Core
Strategy and must perforce be part of the negotiations with the Planning
Inspectorate - and as part of the national planning framework.

 

The Environmental Information Regulations 2004 entitles individuals to
access any information in written, visual, aural, electronic or any other
material form. This part of your appeal does not request copies or sight
of any documentation held by the Isle of Wight council; therefore I am
unable to supply you with any further documents regarding this comment.

 

2] For the national planning framework to be workable and sustainable,
information must surely be made available to all developers and planners
alike so that INFORMED decision-making can take place. And that is why I
requested the information.

 

Again, this part of your appeal does not request copies or sight of any
documentation held by the Isle of Wight council; therefore I am unable to
supply you with any further documents regarding this comment.  

  

3] If you do not have a register per se, at the very least please provide
for each and every listed building and listed building structure on the
Isle of Wight the exact curtilages of each listed building and listed
structure, and also which specifically are the listed building curtilage
structures and listed building cartilage buildings. As you are aware, I
have been involved since 2009 regarding various complex issues surrounding
Listed Buildings and still I am confused by some of the answers I have
received.

 

As explained above, the council holds a register of listed buildings
(please find attached), but it does not hold details of curtilages.

    

4] I return to my request for the information to be disclosed to the
public that which is known by the Isle of Wight Council regarding ALL the
nationally listed Listed Buildings and Listed Structures on the Isle of
Wight and their associated Curtilage Structures and Curtilage Buildings
and exact Curtilages. English Heritage told me that it is the
responsibility not of them but of the Local Authority - i.e. the Isle of
Wight Council specifically - to keep records of what exactly is there. I
do not have this in writing.

 

For your information details of listed buildings can also be found by
visiting the English Heritage website at
[2]http://list.english-heritage.org.uk/maps...

 

Based on the information already provided to you and the fact that the
council does not hold some of the specific information requested, I
believe that the matters you raised in your appeal dated 7 March,
including your appeal, have now been resolved.

 

Any subsequent requests for information will be logged as new requests and
will be allocated new reference numbers. Please note, this only relates to
requests for recorded information, under the Freedom of Information Act,
or Environmental Information Regulations where the information relates to
controls/measures concerning the state of land/sea/water/air etc. 

 

If you are at all dissatisfied with the way in which the Council has dealt
with your request, and/or appeal, you have the right of further appeal to
the Information Commissioners Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.([3]www.ico.gov.uk). The Information
Commissioner is the governing body for the Freedom of Information Act and
Data Protection Act.

 

Yours sincerely

 

 

Georgie

 

Georgina Hazell, Information Access Officer, Corporate Information Unit,
Legal Services,Room 322, Floor 3, County Hall, Newport, Isle Of Wight,
PO30 1LA | Telephone 821000 ext 6330 | [4][email address] |
Web: [5]www.iwight.com

 

------------------------

References

Visible links
1. http://www.iwight.com/living_here/conser...
2. http://list.english-heritage.org.uk/maps...
3. http://www.ico.gov.uk/
4. mailto:[email address]
5. http://www.iwight.com/

Hazell, Georgina, Isle of Wight Council

1 Attachment

Dear Ms [last name removed]

 

Further to my below email, please find attachment referred to in question
3.

 

Yours Sincerely

 

Georgie

 

Georgina Hazell, Information Access Officer, Corporate Information Unit,
Legal Services,Room 322, Floor 3, County Hall, Newport, Isle Of Wight,
PO30 1LA | Telephone 821000 ext 6330 | [1][email address] |
Web: [2]www.iwight.com

 

From: Hazell, Georgina
Sent: 19 March 2012 15:13
To: '[FOI #106514 email]'
Subject: Request for Information Ref iw12/2/49999 Appeal iw12/3/14213

 

Dear Ms [last name removed]

 

Request for Information Ref iw12/2/49999 Appeal iw12/3/14213

 

I write with reference to your appeal dated 7 March 2012 in connection
with your above referenced request under the Environmental Information
Regulations 2004 (“EIR”). Your request specifically referred to “the
settings of listed buildings and detail of every listed building curtilage
building and curtilage structure”. 

 

In accordance with the councils Access to Information Policy, an
independent review has been undertaken to determine whether any further
information is held that is relevant to your request. I have carried out
this independent review which included seeking clarification from relevant
officers and departments and can confirm the following:

 

a] the Settings of each and every Nationally Listed Building on the Isle
of Wight to be made public

 

I find that the Isle of Wight Council does not hold a full list detailing
the ‘settings’ of listed buildings. This is due to the settings being
judged on a case by case basis as the building setting will not have a
fixed boundary. I therefore uphold the finding that no information is held
in relation to this element of your request and apply the exception under
12(4)(a) EIR.

 

b] the Curtilages to be made public and c] the precise details of each and
every Listed Building Curtilage Building and Curtilage Structure to be
made published.

 

I find that the Isle of Wight council does not hold a register of all
curtilages of the listed buildings, this again is due to the curtilages of
buildings being judged by officers from guidance through the English
Heritage on a case by case basis I therefore uphold the finding that no
information is held in relation to this element of your request and apply
the exception under 12(4)(a) EIR.

 

d] Did the Isle of Wight Council produce the Register of its hundreds of
Listed Buildings and Listed Structures to the Planning Inspectorate
complete with the register of all the curtilages of each and every Listed
Building and each and every Listed Structure; and of each and every Listed
Building Curtilage Building and of each and every Listed Building
Curtilage Building; and of each and every Listed Building setting?

 

I can confirm that the Isle of Wight council was not required to produce a
list of the listed buildings to the planning inspectorate. I also find
that we do not hold a list of all curtilages nor settings of the listed
buildings therefore did not provide this to the planning inspectorate, in
relation to this element I apply the exception under 12(4)(a) EIR.

 

e] The url link to your Register

 

You can find the facility to search listed buildings at the following link
or you can view the list at the planning offices at Seaclose Offices,
Fairlee Road, Newport, IW, PO30 2Q.

 

[3]http://www.iwight.com/living_here/conser...

 

You subsequently contacted the Isle of Wight council with the following
concerns:

 

1] The Island Plan Core Strategy deals with the Environment, and as Mr
Lacey has identified that my Request comes within the Environmental
Regulations, then I believe that the Listed Buildings and Listed
Structures and their curtilages and curtilage structures and curtilage
buildings and Listed Building Settings ARE crucial to the Island Plan Core
Strategy and must perforce be part of the negotiations with the Planning
Inspectorate - and as part of the national planning framework.

 

The Environmental Information Regulations 2004 entitles individuals to
access any information in written, visual, aural, electronic or any other
material form. This part of your appeal does not request copies or sight
of any documentation held by the Isle of Wight council; therefore I am
unable to supply you with any further documents regarding this comment.

 

2] For the national planning framework to be workable and sustainable,
information must surely be made available to all developers and planners
alike so that INFORMED decision-making can take place. And that is why I
requested the information.

 

Again, this part of your appeal does not request copies or sight of any
documentation held by the Isle of Wight council; therefore I am unable to
supply you with any further documents regarding this comment.  

  

3] If you do not have a register per se, at the very least please provide
for each and every listed building and listed building structure on the
Isle of Wight the exact curtilages of each listed building and listed
structure, and also which specifically are the listed building curtilage
structures and listed building cartilage buildings. As you are aware, I
have been involved since 2009 regarding various complex issues surrounding
Listed Buildings and still I am confused by some of the answers I have
received.

 

As explained above, the council holds a register of listed buildings
(please find attached), but it does not hold details of curtilages.

    

4] I return to my request for the information to be disclosed to the
public that which is known by the Isle of Wight Council regarding ALL the
nationally listed Listed Buildings and Listed Structures on the Isle of
Wight and their associated Curtilage Structures and Curtilage Buildings
and exact Curtilages. English Heritage told me that it is the
responsibility not of them but of the Local Authority - i.e. the Isle of
Wight Council specifically - to keep records of what exactly is there. I
do not have this in writing.

 

For your information details of listed buildings can also be found by
visiting the English Heritage website at
[4]http://list.english-heritage.org.uk/maps...

 

Based on the information already provided to you and the fact that the
council does not hold some of the specific information requested, I
believe that the matters you raised in your appeal dated 7 March,
including your appeal, have now been resolved.

 

Any subsequent requests for information will be logged as new requests and
will be allocated new reference numbers. Please note, this only relates to
requests for recorded information, under the Freedom of Information Act,
or Environmental Information Regulations where the information relates to
controls/measures concerning the state of land/sea/water/air etc. 

 

If you are at all dissatisfied with the way in which the Council has dealt
with your request, and/or appeal, you have the right of further appeal to
the Information Commissioners Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.([5]www.ico.gov.uk). The Information
Commissioner is the governing body for the Freedom of Information Act and
Data Protection Act.

 

Yours sincerely

 

 

Georgie

 

Georgina Hazell, Information Access Officer, Corporate Information Unit,
Legal Services,Room 322, Floor 3, County Hall, Newport, Isle Of Wight,
PO30 1LA | Telephone 821000 ext 6330 | [6][email address] |
Web: [7]www.iwight.com

 

References

Visible links
1. mailto:[email address]
2. http://www.iwight.com/
3. http://www.iwight.com/living_here/conser...
4. http://list.english-heritage.org.uk/maps...
5. http://www.ico.gov.uk/
6. mailto:[email address]
7. http://www.iwight.com/

name removed 23 Oct 2012

19 March 2012

Dear Ms Hazell and Mr Lacey,

Thank you very much for your kind assistance.

You have mentioned inter alia that there will be a Map to accompany the list of Listed Buildings that will be placed in the Adopted Island Core Strategy.

Will this map show:

1] the PRECISE details of the Curtilage of each and every single Nationally listed Listed Building on the Isle of Wight;

2] the PRECISE details of the Curtilage Building(s) and/or Curtilage Structure(s) of each and every single Nationally listed Listed Building on the Isle of Wight so that developers and owners and local residents can know EXACTLY what is Heritage protected and needs to have Listed Building Consent.

I am very grateful for your expositions and wish the Isle of Wight Council every good fortune with the Island Strategy Plan, and that we will all see great benefits.

With best wishes,

[first name removed] [last name removed]

Hazell, Georgina, Isle of Wight Council

Dear Mrs [last name removed]

Thank you for your below email.

I have been informed that we do not hold any information regarding the curtilages and settings of listed buildings, therefore this detail will not be placed on the future map.

Any subsequent requests for information will be logged as new requests and will be allocated new reference numbers. Please note, this only relates to requests for recorded information, under the Freedom of Information Act.

Yours Sincerely

Georgie
 
Georgina Hazell, Information Access Officer, Corporate Information Unit, Legal Services,Room 322, Floor 3, County Hall, Newport, Isle Of Wight, PO30 1LA | Telephone 821000 ext 6330 | [email address] | Web: www.iwight.com

show quoted sections

name removed 23 Oct 2012

21 March 2012

Dear Mr Lacey, Ms Hazell, Mr Pugh Council Leader Isle of Wight Council, Mr Murphy Planning Officer Isle of Wight Council, Mr Beynon CEO Isle of Wight Council, English Heritage, Mr Joyce Councillor Brading, St Helens and Bembridge, Mr Turner MP for the Isle of Wight, Information Commissioner, Environment Agency, Planning Inspectorate, Mr Pickles Secretary of State for Communities and Local Government,

I thank the Isle of Wight Council for their response that the map will not show the curtilages or the settings of the Listed Buildings.

I note that the document provided to me does not actually state what the names of these Listed Buildings and Listed Structures are, which I believe could be most helpful to provide on the list itself as very few people think in National Grid numbers whereas they will readily identify with the name of a listed building such as Bembridge School Chapel GVII, for example, or Osborne House.

In view of the proposed National Planning Framework, I would like to ask who precisely DOES have the information I seek viz the precise curtilages of all the National Listed Buildings on the Isle of Wight, and all list of all the Curtilage Buildings and Curtilage Structures of all the National Listed Buildings on the Isle of Wight as well as the Listed Buildings and Listed Structures themselves.

Is it the Environment Agency?

Is it the Planning Inspectorate?

Is it English Heritage?

Is it Government or its agencies?

Is it the Department of Communities and Local Government?

I look forward to hearing from you, and wish the Isle of Wight well with the Core Strategy Plan Adoption.

Yours sincerely,

[first name removed] [last name removed]

Hazell, Georgina, Isle of Wight Council

Dear Mrs [last name removed]

Thank you for your email.

The PDF document of all listed buildings that I supplied to you in my initial response, includes the names of all the listed buildings e.g. Arreton Manor and The George Inn. Also the link to the English Heritage site map; if you click on the second tab on the left hand corner which has an arrow and a question mark; allows you to click on the blue triangle which identifies the listed building and will display details of that building. However I reiterate that I am only able to supply documents held by the Isle of Wight Council, therefore any enquiries or questions regarding the English Heritage data will need to be sent directly to them.

I note that you have sent your below email to several individuals and organisations, however I can only respond to requests relating to Isle of Wight Council records. I am unable to advise you who holds the data you are requesting and can only suggest that you contact them direct. I can confirm that the Isle of Wight Council does not hold details of Curtilages or settings of all listed buildings nor is it required to do so.

I have supplied to you all the information held by this authority within the remit of your request. If you remain dissatisfied with the information made available to you please contact the Information Commissioner. I believe this Request is now answered fully and therefore now closed.

Yours Sincerely

Georgie
 
Georgina Hazell, Information Access Officer, Corporate Information Unit, Legal Services,Room 322, Floor 3, County Hall, Newport, Isle Of Wight, PO30 1LA | Telephone 821000 ext 6330 | [email address] | Web: www.iwight.com

show quoted sections

name removed 23 Oct 2012

22 March 2012

Dear Mr Pugh Leader of the Isle of Wight Council, Mr Joyce Isle of Wight Councillor Brading, St Helens and Bembridge, Mr Beynon CEO Isle of Wight Council, Ms Hazell and Mr Lacey Isle of Wight Council, Mr Turner MP for the Isle of Wight, Planning Inspectorate, Mr Pickles Secretary of State for Communities and Local Government, the Environment Agency, English Heritage,

I am most grateful to both Mr Lacey and Ms Hazell for the information produced.

When I learn from the newspapers that any council without a local plan in place may have to accept ANY sustainable development as the DEFAULT position under the proposed National Planning Framework, I simply wanted to ensure that we do have a working plan in place, lest we be caught out. However, even on this, I have been assured by the Isle of Wight Council that our EXISTING plan still holds whilst the Core Strategy Plan is being debated and awaiting adoption.

As someone who has an interest in some of the Listed Buildings in Ryde and Bembridge, I wish to point out that the Curtilage BUILDINGS and Curtilage STRUCTURES that are part of the LISTED BUILDINGS must be recorded somewhere, and that somewhere the precise CURTILAGES of the Listed Buildings must be recorded somewhere. Otherwise there is the potential for extremely costly litigation for Local Planning Authority and Developers alike if they do NOT know what is PRECISELY in the Listed Building's Curtilage as a Curtilage Structure or Curtilage Building.

As you are aware, I have been lobbying for simplification of the planning system to make it clearer to everyone, and the production of a list of the precise curtilages and the precise curtilage buildings and precise curtilage structures of all the National Listed Buildings on the Isle of Wight must be held somewhere, otherwise I fear real dangers ahead.

This is NOT about the "settings" of the Listed Buildings, but about the tangible curtilage boundaries, which must be on deeds and registers somewhere because when the Listed Buildings and Structures were listed, anything that was in the CURTILAGE of any Listed Building or Listed Structure that was in place BEFORE a specific NATIONAL BENCHMARK DATE, IS DE FACTO A CURTILAGE BUILDING OR A CURTILAGE STRUCTURE WHICH NEEDS LISTED BUILDING CONSENT.

Unless Listed Building Consent is to be removed entirely, I fail to see how this is insignificant.

Please help to cut the Gordian Knot.

Thank you very much,

Yours sincerely,

[first name removed] [last name removed]

a member of CPRE

Campaigner for legal reform, liberty, truth and justice

name removed 23 Oct 2012

28 March 2012

Dear Ms Hazell and Mr Lacey,

I am most grateful to you for your help.

As the new National Planning Framework has been published, I believe that my request has become redundant.

As such, I thank you for the information you have provided, and wish you and the Isle of Wight Council every good fortune with the new planning framework.

With best wishes,

Yours sincerely,

[first name removed] [last name removed]