THIS WEBSITE IS CONSTRUCTED BY RESIDENTS OF FILEY TO INFORM
Firstly take a look at the highlighted issues on each page
Scroll down the 5 pages of information to see the issues,
click on the headers above to access the pages.
click on the download files to read the supporting document.
Scroll down the 5 pages of information to see the issues,
click on the headers above to access the pages.
click on the download files to read the supporting document.
Please note: That reference to Housing Allocation site HA21,HA23 and HA24 are all the same site as the Local Plan has evolved over 3 years plus the site ID has changed over time . Just to clarify at Draft Stage 2014 its ID was HA21. At proposed stage 2016 it was HA23. and now at adopted Local Plan stage 2017 it is HA24. So don't be confused by any reference on this website to HA21, 23 and 24 they are all the same site, which is currently Housing Allocation Site HA24. In The Scarborough Borough Councils Local Plan 2011-2032
Scarborough Borough Council- Adopted Local Plan Information:
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SBC Adopted Local Plan Map 15 of Filey . Download File to your left shows the Housing Allocations for Filey. The Land off Church Cliff Drive is now redesignated as HA24.
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Scarborough Borough Local Plan 2011-2032 . Full copy of the Local Plan .
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The Planning Services Managers Reports to Planning and Development Committee are now available to read.
This report covers the Proposal, Consultation and Comments, Plus the Planning Officers Recommendation on these Planning Applications
(see the reports in the download files attached below)
McCarthy and Stone Lifestyle Limited - Full Planning Application 17/02734/FL to Scarborough Borough Council, Planning Services.
9 months have passed since this application was submitted and it will be finally presented to the Planning Committee to Vote on .
The question is why has it taken so long?
Is it because this application contains so many breaches of Planning Policies and Building Regulations? see more information on this application below.
McCarthy and Stone have now submitted a separate planning application for the construction of a Drainage Bund Planning Application No 18/01504/FL. This proposed bund is also included in application No 17/02734/FL.
See the Letter/Article dated June 24th in the North Yorks Enquirer - www.nyenquirer.uk
Skullduggery in higher places - The Next PPI Scandal.
Ref. The BBC's recent Fleecehold article.
McCarthy and Stone Retirement Homes at Chantry Gardens and Brigg Court off Church Cliff Drive Filey.
Flooding in plots 6 and 7 . The footings and foundations have been submerged for months.
The residents raised concerns of this very issue in the planning and consultation process.
Flooding in plots 6 and 7 . The footings and foundations have been submerged for months.
The residents raised concerns of this very issue in the planning and consultation process.
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Scarborough Borough Council - Report to Planning and Development Committee. To be Held on Thursday 4th Oct 2018.
Planning Application 17/02734/FL Subject: Development of retirement living apartments and lifestyle living bungalows for McCarthy and Stone ' Church Cliff Drive , Filey. |
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Scarborough Borough Council- Report to Planning and Development Committee. To be Held on Thursday 4th Oct 2018.
Planning Application 18/01504/FL Subject: Construction of a Drainage Bund for McCarthy and Stone Retirement Lifestyles Ltd. Site off Church Cliff Drive, Filey. |
A Daily Mail - Article Dated: Wednesday - September 26th Shows McCarthy and Stone seem to be only interested in profits by simplifying building designs and going for the cheaper options. This is evident in the plans for this proposed development One foot out of the grave ? Questions are raised whether the turnaround will be bold enough? |
THE SCARBOROUGH REVIEW
The latest feature in The Scarborough Review - August Issue 60 - Your Letters section.
The Headline
" Filey housing plan still not right"..
The Editor wants to know what you think?
If you have any comments please email them into:
[email protected]
or write to The Editor, The Scarborough Review,
Oaktree Farm, The Moor, Haxby, YO32 2LH.
Scarborough Borough Council
PUBLIC NOTICE McCarthy and Stone Retirement Lifestyle Limited have now split the proposed bund showing on planning application 17/02734/FL Onto a separate planning application to construct a Drainage Bund this new application for planning permission number is 18/01504/FL Anyone wanting to make comments/representations should do so via the SBC planning public access website @ scarborough.gov.uk - Go to view planning applications and click on the box., this will take you into search area, In the status box change it to current, In enter a key word use the ref number 18/01504/FL then click search it will take you directly to the planning documents page where you can make comments, If this does not allow access try another way. Enter key word Filey then click search, construction of drainage bund under ref no 18/01504/FL will appear in the list click on it and it will also take you to the planning documents and make comments section. Or use the Email method address below or written letter method mailing address details below on previous amended application info. All comments/ representations on the proposed construction of this Drainage Bund outside of the Site HA24 development redline boundary and outside of Filey Town Development Limits need to be submitted by Tuesday 14th August 2018 |
Comments/representations submitted to SBC on Planning Application 18/01504/FL . Click on the Download files below to see the list of issues.
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Submitted comments/representations to SBC on Planning Applications 18/01504/FL and 17/02734/FL
comments by residents around the proposed development area of HA24 Land off Church Cliff Drive Filey. All downloads here referring to comments on this planning application can also be viewed on the SBC public access website under application 18/01504/FL. |
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Comments/representations from a resident on Wooldale Drive around the HA24 area, these comments are on the SBC public access website under application 18/01504/FL.
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Comments/representations from a resident on Wooldale Drive adjacent to site HA24, These comments can also be viewed on the SBC public access website under planning application 18/01504/FL.
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Scarborough Borough Council
Public Notice Amended Application: On the McCarthy and Stone Apartments and Bungalows at Church Cliff Drive, Filey. Anyone wanting to make representations should do so via the Public Access Site on the web @ www.scarborough.gov.uk Go to view the planning applications, View Planning - Click on comment or track planning applications. In the status box change to current. In Enter a keyword - use the reference; 17/02734/FL Then Click Search. this will take you into the planning application pages and documents section - here Click on Make Comments. you can now make comments direct and online. Or by Email to: [email protected] Reference Planning Application 17/02374/FL Or in writing to : Planning Services. Scarborough Borough Council Town Hall St Nicolas Street Scarborough YO11 2HG. All representations need to be submitted by Friday 20th July. When commenting please make it clear whether you are in favour or object to the proposed plans. Please note that many issues are still unresolved with this planning application. See the amended plan directly below. |
.Copy of the Amended Application . Proposal: Development of Retirement Living Lifestyle Apartments and Lifestyle Bungalows.
Applicant: McCarthy and Stone Retirement Lifestyles Limited. Amendment: Revisions to layout and house types. Compared to the previous proposed Plan, ( Below). Planners have addressed some but not all amenity and privacy issues highlighted by residents on Wooldale Drive. However there is still conflict with the number of proposed dwellings on this site as the HLSMA paper states maximum 30 dwellings for this site in the Local Plan Housing Allocation assessment and single storey development specifically on this site. Plus the proposed bunding at the top of this plan is outside of the proposed development redline boundary and Filey Town Development Limits, this is in breach of Planning policies and Regulations in reference to this application. |
Previous Plan of the McCarthy and Stone plan by Architects - Darnton B3
Plan showing 20 Bungalows plus a large L shaped 2 storey apartment block containing 39 residencies/ dwellings. equals 59 residences/dwellings in total. The HLSMA and Conservation Officers Site Appraisal states , max 30 residences/dwellings and single storey development specifically on this site. Please read the three comments Download File below to see the current issues on this planning application 17-02734-FL OVER 100 RESIDENTS AROUND THE PROPOSED DEVELOPMENT SITE AND FILEY TOWN COUNCIL HAVE OBJECTED TO THE CURRENT PROPOSED PLANS. We now await the SBC planning and development committee date to be set some time in march or April ? NOW LOOKS LIKE IT COULD BE OCTOBER? SBC have now missed the 3 month planning decision notice deadline date .NO REVISED DATE HAS BEEN PUBLISHED? |
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Copies of the objections already submitted on the amended planning application 17/02734/FL.
Description of Amendment: Revision of layout and houses. Proposal: Development of Retirement Apartments and Lifestyle Living Bungalows. Site Address: Site at Church Cliff Drive Filey |
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Comments/representations to SBC Planning Services.
Please feel free to download this copy and send it to SBC Planning Services if you wish to object to the amended planning application 17/02734/FL .And now the planning application No 18/01504/FL Save to your desktop, name and address it on the last page Then attach it to an Email and send to: [email protected] |
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AS ABOVE
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AS ABOVE
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AS ABOVE
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Residents are appalled that McCarthy and Stone are actively marketing these proposed apartments and bungalows before planning permission has been granted, knowing of all the policy and regulation breaches in this planning application and before a SBC planning and development decision notice has been determined.
McCarthy and Stone's facebook page advertised apartments for sale on Sunday 3rd June . This was announcing the sale of apartments on Church Cliff Drive, Filey and they would be " coming soon". It was interesting to note that the post was removed shortly after a negative post was made directing interested parties to this website address.
McCarthy and Stone also had these apartments advertised for sale on a website called smartnewhomes.com. and Zoopla.co.uk
with no reference to being subject to planning.
Surely SBC and McCarthy and Stone are in breach of codes of conduct in reference to planning process and The Advertising Standards Authority A.S.A Codes Of Conduct Ref; 3 misleading advertising.
This current planning application has NOT been voted on or granted by the Local Planning Authority Committee.
Or is marketing/advertising like this to be expected in this done deal culture we now seem to be living in?
McCarthy and Stone's facebook page advertised apartments for sale on Sunday 3rd June . This was announcing the sale of apartments on Church Cliff Drive, Filey and they would be " coming soon". It was interesting to note that the post was removed shortly after a negative post was made directing interested parties to this website address.
McCarthy and Stone also had these apartments advertised for sale on a website called smartnewhomes.com. and Zoopla.co.uk
with no reference to being subject to planning.
Surely SBC and McCarthy and Stone are in breach of codes of conduct in reference to planning process and The Advertising Standards Authority A.S.A Codes Of Conduct Ref; 3 misleading advertising.
This current planning application has NOT been voted on or granted by the Local Planning Authority Committee.
Or is marketing/advertising like this to be expected in this done deal culture we now seem to be living in?
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North Yorkshire County Council -Heritage Services Archaeological planning advice on this proposal. By Mr Peter Rowe Principal Archaeologist. This response states, " the site is of archaeological significance". a Written Scheme of Investigation (WSI) will have to be followed NO development to commence until a full WSI has been submitted to and approved by the local planning authority in writing. See the conditions in the pdf 711784 on the left.
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The Scarborough Review feature - Issue 56 - April 2018. ww.scarboroughreview.com - covering Filey and Hunmanby.
Update on Filey Plan. A recent feature sent into the Editor and published in the Letters section. |
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Copy of a comments / representations document that residents have sent Scarborough Borough Council - Planning Services
highlighting the current issues with this controversial proposed plan 17/02734/FL. Read more about the issues scroll down the page. |
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Residents comments to SBC on this controversial planning application 17/02734/FL . 61 Residents on this one Petition.
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Filey Town Council - Comments submitted by FTC in support of NO development on this proposed site until Filey Flood Alleviation is in place, plus support of only single storey development on this proposed site.
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The proposed Planning Application by the Developer has Misinterpreted Green Space SPD and appears to NOT account for off-site financial contributions? It is likely that this element of the submission will need to be amended in light of this response.
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In addition to comments above the latest is: Yorkshire Water's response on the Flood Risk Assessment and Mitigation Measures by the developer.
They State: "ARE NOT ACCEPTABLE"
They State: "ARE NOT ACCEPTABLE"
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Click on the download file to the left to open and read the comments Yorkshire Water have submitted ref: planning application 17/02734/FL. It is important to add comment here. Discharge of any surface water from this site HA24 into Church Cliff Ravine will have to meet the policies in place specific to Flood Zone 3. As Church Cliff Ravine is Identified by the Environmental Agency as a Flood Zone 3. The culvert drainage system here has already reached its finite limit in times of flooding , in previous flood situations the back pressure blows the drain covers off down church cliff ravine resulting in a dangerous free flowing water down the ravine road.
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NYCC- Heritage Services Response to the Developers Archaeological background and recommendations report.
Mr Peter Rowe. Principle Archaeologist, States " The developer has submitted an archaeological desk top report assessment with the planning application. I do not agree with the conclusions of the report, particularly the assessment of archaeological potential". So a geophysical survey has highlighted areas of interest within the site and trial trenches have been dug resulting in what seems to be Iron Age settlement activity in the south west corner of the site , the finds are now undergoing identification and carbon dating . |
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Comments by The Housing Strategy and Development Officer.
Who States " there is an over-provision of rented housing for the elderly in the Borough". and " We are concerned that the report contains a number of flaws and inaccuracies, especially in terms of the evidence base, which has a bearing on the conclusions of the report, and some care should be taken in taking on board its findings". Another submitted report deemed inaccurate on this planning application ,noticed by an independent specialist. |
In addition to the comments by the Housing Strategy and Development officer - Scarborough Borough Councils - Affordable Housing SPD Document PSM 18-191. States in Exceptions 3.4 "Institutional Care Homes , Nursing Homes and Almshouses Class C2 Houses are not subject to an affordable housing requirement. This does not include voluntarily age-restricted Class C3 uses, which will require to contribute towards affordable housing needs." The proposed McCarthy and Stone Development meets the class C3 requirement.
SBC - Affordable Housing SPD (August 2018)- Viability and Assessment Process. States in section 6.1 " The starting point for all development proposals is to be policy compliant in terms of affordable housing provision, On occasions when the developer confirms that they are unable to provide the appropriate level of affordable homes they will have to provide a full viability assessment.
6.2 This involves the provision of full financial details for appraisal, which in accordance with the NPPF (2018) WILL BE MADE PUBLICLY AVAILABLE."
SBC - Affordable Housing SPD (August 2018)- Viability and Assessment Process. States in section 6.1 " The starting point for all development proposals is to be policy compliant in terms of affordable housing provision, On occasions when the developer confirms that they are unable to provide the appropriate level of affordable homes they will have to provide a full viability assessment.
6.2 This involves the provision of full financial details for appraisal, which in accordance with the NPPF (2018) WILL BE MADE PUBLICLY AVAILABLE."
All the above public comments and consultee comments can be viewed on the Scarborough Borough Councils - Planning Application website @ www.scarborough.gov.uk
(View Planning Applications- Current Applications - Number 17/02734/FL)
(View Planning Applications- Current Applications - Number 17/02734/FL)
The fundamental argument is that SBC planning officers have not followed National Planning Policy Framework(NPPF), Planning Policy Guidance (PPG) for flood risk areas and The Strategic Flood Risk Assessment (SFRA).
If Methodology and Assessments had been followed correctly and precisely this site wouldn't have progressed to the stage it is now at.
Plus the latest issues highlighted in the comments-representations to SBC download file above.
Read the letters further down this page to Kevin Hollinrake MP they contain the key issues.
Also Read the "Issues and residents concerns" on the
Flood Risks and Drainage Issues, Page 2 on this website.
Development on this site in McCarthy and Stones current proposal is Questionable.
In breach of policies and assessment appraisals set in place to protect such areas?
This proposal for development and accommodation on two storeys is in conflict with the SBC Conservation Officer site appraisal, who states single storey development for this site in the HLSMA land appraisal.
The Conservation officer also states one of three alternatives needs to be used, not two alternatives combined as in this proposed plan. The HLSMA states.
" For development here not to have adverse effects on the heritage assets of Church Cliff Farm it needs to be one of three alternatives". (See HLSMA download below).
McCarthy and Stone used a public consultation at pre-planning application stage as a sales preview is that ethical before they have purchased the land and before the planning application for this site has been submitted!
Or is it to be expected in this done deal culture we now seem to be living in.
Residents perceive this practice to be contentious and manipulating the pre application assessment results.
However the results of this pre planning exhibition and consultation by McCarthy and Stone show:
(Just to clarify this is before the submission of the proposed plans and full planning application to SBC planning services).
67% of the pre application consultation responses objected to the development proposals for this site.
( Ref 3.8.2 Statement of community Involvement (SCI)- McCarthy and Stone. Supporting documents on SBC planning application ref 17/02734/FL)
Pre application consultation points raised more than once by respondents to the question,
Do you have any comments on the design and layout of the proposals?
51% objected to the buildings exceeding 1 storey.
.(Ref SCI 3.9ii ).
Pre application question" do you consider that this is a good use of the site for specialist housing for local older people".
57% of the respondents objected with the answer NO.
(Ref SCI 3.9 iii and Supported by the Conservation officers HLSMA appraisal).
The evidence to support residents arguments are substantial and remarkable
You make your own mind up.
See the latest information and Plans on site HA24 further down this page, See 17/02734/FF- Site -Layout-from the Planners.
just scroll down and click onto the Download File .
Please note since the announcement that Scarborough Borough Council
are to adopt the Local Plan .
The residents group are now seeking Legal Advice on the progression of site HA24 ( Previously HA23 and HA21 through the Local Plan process)
In reference to any breaches that contravene The Planning Application process, National Planning Policies Framework and Technical Guidance Laws, plus supporting documentation in said process.
Please note the recurrent phrase 'NO DEVELOPMENT' is used repeatedly in all past and present official documents when it comes to planning proposals in this HA24 area.(previously site HA23 and HA21 in the Local Plan Process)
Just because SBC do not formally recognise supporting reports and documentation or parts of
mean it can be totally dismissed when the reports and documents are within NPPF, NPPG and SFRA.
Yet Officers and members are abrogating any responsibility either Legal or Environmental in their pursuit of meeting their targets and wanting to develop site HA24.
Just because SBC do not formally recognise supporting reports and documentation or parts of
mean it can be totally dismissed when the reports and documents are within NPPF, NPPG and SFRA.
Yet Officers and members are abrogating any responsibility either Legal or Environmental in their pursuit of meeting their targets and wanting to develop site HA24.
Scarborough Borough New Local Plan
The examination in public for housing allocations and other developments in the area has come to a conclusion with the appointed planning Inspector - Mr William Fieldhouse, issuing his final report. The Inspector's duty was to consider whether the document complies with the legal requirements and ensure that the document is sound and complies with the relevant rules and regulations.
Copies of the Scarborough Borough New Local Plan (2011-2032) can be found at
http:/uploads.scarborough.gov.uk/localplanexamination/index.html
There are serious questions of transparency, good governance and questionable practices undertaken by officers and members concerning planned developments in Filey.
This concerns the planning permissions for housing in the town, with specific reference to the proposed development of land off church cliff drive. (Housing Allocation Site HA24 within the Local Plan) it is within a flood management zone
Copies of the Scarborough Borough New Local Plan (2011-2032) can be found at
http:/uploads.scarborough.gov.uk/localplanexamination/index.html
There are serious questions of transparency, good governance and questionable practices undertaken by officers and members concerning planned developments in Filey.
This concerns the planning permissions for housing in the town, with specific reference to the proposed development of land off church cliff drive. (Housing Allocation Site HA24 within the Local Plan) it is within a flood management zone
THE LATEST ON SITE HA24 FILEY
McCarthy and Stone Retirement Lifestyles Limited have acquired an interest in this Land site HA24 (Land off Church Cliff Drive, Filey)
McCarthy and Stone Retirement Lifestyles Limited have submitted a planning application Reference 17/02734/FL .
Development of Retirement Living Apartments and Lifestyle Living Bungalows. Site at Church Cliff Drive, Filey, YO14 9ES.
The proposed Plans and Supporting Documentation can be viewed on the Scarborough Borough Councils website - www.scarborough.gov.uk/planning where you can view this planning application pending consideration.
any comments can be made online through SBC public access site.
Development of Retirement Living Apartments and Lifestyle Living Bungalows. Site at Church Cliff Drive, Filey, YO14 9ES.
The proposed Plans and Supporting Documentation can be viewed on the Scarborough Borough Councils website - www.scarborough.gov.uk/planning where you can view this planning application pending consideration.
any comments can be made online through SBC public access site.
Scarborough Borough Councils - Public Notice at the Church Cliff Drive site.
This planning application will be considered in the next Filey Town Council Planning meeting to be held at 7PM on Monday 12th February 2018 at the Filey Town Council Chambers, 52a Queen Street, Filey, YO14 9HE .The public can attend this meeting if you want to comment on the proposed plans. The Scarborough Borough Council Planning Committee meeting to consider and vote on this planning application has not been set yet. This meeting when set will be the final decision meeting on planning application 17/02734/FL The planning decision may go to a planning committee vote. where the committee will vote yes or no ! The public can attend this meeting , But will only be allowed to speak if they follow the details laid down by the scheme of public speaking , arrangements to speak must be made at least 2 clear working days before the appropriate committee meeting date .Details of the scheme can be obtained by ringing SBC on 01723 232323 . so please use the planning consultation period now to submit any comments/representations you have before its to late. Submit comments by Thursday 15th February 2018 see above notice to the public/residents on how to do this. Also use any information from the letters below in your comments/representations as they are still relevant to the application. |
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The proposed site layout from the planners Darnton B3 .
McCarthy and Stones Lifestyle Limited. |
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Example 1: On left download files. Examples of letters sent as responses to The Remarkable Group. Representatives for McCarthy and Stone Lifestyle Limited at the pre planning exhibition and consultation stage. Please note these letters have been sent into the developer before the Planning Application to Scarborough Borough Council- Planning Services.
Highlighting the issues and conflict between the proposed plan and HLSMA site appraisal. There have been NO changes in the plans shown at the pre planning exhibition compared to the Submitted plans to SBC Planning Department. |
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Example 2: Second letter as above. This letter highlights the proposed plan contravenes official SBC guidelines, aims of the Local Plan and does not conform to the National Planning Policy Framework (NPPF).
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Example 3:Third letter highlighting the conflict between the planning application proposals and the planning policies it should comply with.
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McCarthy and Stone Objected to this site allocation at the Draft stage of the Local Plan for the following reasons .Stating the proposed allocation is NOT Legally Compliant and Sound. why have McCarthy and Stone now changed their viewpoint on this site? when there has been NO material changes to the site. Objection submitted by their representatives Planning Prospects Ltd.
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HLSMA Assessment for Filey HA23 (now site ID HA24) pages 11-18. Question 13 Historic Environment . The SBC Conservation Officer gives three alternatives for development on HA23. The Officer States Single Storey development for this site. A large L shaped 2 storey building is not sympathetic to the surrounding area and will look totally out of character in this setting . Especially with the topography of the land sloping upwards away from Church Cliff Farm .This is pushing beyond the boundaries of acceptable development for this site. The conservation officer gives three separate alternatives for development on this site why has this plan got two alternatives combined in the proposal?(Bungalows and an L shaped accommodation).
There is Conflict between the HLSMA and the Proposed Plan |
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Copy of the current Land Register for HA24. McCarthy and Stone Retirement Lifestyles Ltd now have a vested interest in this Land. The register states Megginson and Hudson are still the owners with McCarthy and Stone as a Beneficiary. Tenancy in Common
The Sale of this land is still subject to contract. McCarthy and Stone have not acquired the land . As yet. |
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Residents please use these questions and statements at the Public Consultation Stage . A list of pertinent questions asked by councillors and residents at the Evron Centre meetings Tues 3rd October. Presented to The Remarkable Group representing McCarthy and Stone . They had few answers to the questions on the day.They most probably won't have answers on the 14th Nov.
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Letter to Kevin Hollinrake MP .on 29th September. Observations raised by the Church Cliff Farm Residents in reference to way in which SBC have dealt with the site Allocation of HA21/23/24 Filey as the sites id has changed over the Local Plan Methodology and assessment process. highlighting national planning policy breaches, also presented to McCarthy and Stone at the Evron Meetings Tues 3rd October
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Letter to Kevin Hollinrake MP . on 29th September.The issues Filey residents have is the manor in which SBC have dealt with the housing allocation of HA21/23/24 as the sites ID has changed through the Local Plan process and the gross miss-assessment for this site in the HLMSA methodology and assessment. also presented to McCarthy and Stone at the Evron meetings Tues 3rd October .
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The Residents most recent Letter to the media.
Residents please read before you submit your feedback/ comments to the Remarkable Group/ McCarthy and Stone. Copies have been sent out to Newspapers investigative journalists and Television investigative news programmes |
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Scarborough Borough Council adopted Local Plan Policies Map 15 Filey. Local Plan Adopted on 3rd July 2017. This map shows the Housing Allocation sites within the boundaries of Filey.
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THE RESIDENTS GROUP STATEMENTS HAVE BEEN SUBMITTED TO THE INSPECTOR - REF: LOCAL PLAN - EXAMINATION IN PUBLIC SEE BELOW.
Click on the pdf/ download files below to open and read.
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Residents response to Main Modification SBLP- MM_ 044 Ref: Flood Zones. Residents find this attempt by SBC Officers to redefine Storm water run off and Critical Drainage areas to be underhand and Unscrupulous.
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Residents response to Main Modification SBLP-MM_044 Ref: Flood Zones. Inappropriate development in areas at risk of flooding should be avoided, less vulnerable sites in Filey are shown with evidence to support in Matter 2.
( see matter 2. download file -lower down on this page) |
Map of Area HA23 ( now HA24), Proposed Housing Allocation SBC Local Plan. Showing the site to be in an Approved Flood Management Zone .
National Planning Policy Framework States NO development to be in these areas. SBC Plans 15/02657/RG3 for Filey Flood Alleviation Scheme Area1, Site Plan Sheet 2 of 4 , Drawing number PB1154/9005. The Filey Flood Alleviation Scheme has been approved and full funding is in place. Work to commence early 2017. NOW ON HOLD WHY? This scheme does not include any Housing/Residential Development within the plan. The only development allowed in such areas is essential infrastructure. See SFRA Policy C1 ENV25 further down this page. Housing/Residential does not qualify. The Strategic Flood Risk Assessment for Filey states NO DEVELOPMENT in this area until FFAS is completed. When the alleviation works are complete on proposed site HA24 The Housing Land Selection Methodology and Assessment (HLSMA) Criteria will still not meet the assessment requirements to go forward as a Housing Allocation Site. Reason see Lidar Model below. |
Filey Town Council. Flood Alleviation Scheme when completed Lidar Model .showing how it works with scheme in place and flood area depths at times of future flooding. Proposed new development should not be passed in flood management areas. Supported by The Strategic Flood Risk Assessment for Filey, The National Planning Policy Framework ( Policies 100-103) and supporting Technical Guidance notes for flood risk areas NPPF. All Matters raised at the Examination in Public are on this website. see below. |
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Matter 1. Issue1.2 : Questions about failures in Legal Compliance, Localism Act, Community Involvement, Public Consusltation and Engagement.
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Matter 1. Issue 1.5 (HA23 now HA24) :Objection and Question of viability highlighted by Jason Tait, Planning Prospects. Representatives for McCarthy and Stone, Retirement Lifestyle Ltd.
Objection to HA23 within the Local Plan. Ref: Constraints to site. Do you think the Local Plan to be legally compliant and sound. Their answer is NO. When McCarthy and Stone acquired Bramcotes School, Scarborough for development, This submission was retracted . Hmmmm! |
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Matter 1. Issue 1.6 (HA23 now HA24) : Questions about Methodology and Procedures followed have been deficient.
Breaches of policies within NPPF.NPPG and SFRA. |
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4 Matter 2 . (HA23 now HA24) : Housing needs and requirements, alternative site recommendations following Precautionary Principles Policies and Methodology for site allocations the following sites in Filey are less vulnerable and more suitable.( all within the proposed Local Plan)
See sites 03/I and 03/J These properties have been unused for years. See footnote 7 and 8 Brownfield sites /promote efficiency of land/maximising the re-use of previously developed land, following the precautionary principles these sites are less vulnerable / more suitable sites. The sites are in existing development limits and could come forward within 5 years same as HA24 in the local plan. REMOVE HA23 AND REPLACE WITH 03/I and 03/J This meets the Flood Risk and Sequential approach and methodology policy. Housing needs and requirements for Filey are still met. |
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Matter 5 . Issue 5.4 HA23 (now HA24) :
Viability and Housing Density. Ref: constraints to the site. buffer zones, drainage infrastructure, single storey buildings. etc. |
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Matter 10 . Issue 10.2 HA23 (now HA24) : Flood risks, Methodology and procedures followed have been deficient.
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Matter 10 . Issue 10.2 . Question 89 :
Questions about OS10 Open space allocation. Mitigation deemed to be required (in hind sight) for the approved Filey Flood Alleviation Scheme should not be provided by allocations in the Local Plan |
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Filey Flood Investigation Location of Incidents Atkins Map 5002531/WA/017A, Internal and External flooding Incidents,
Proof of previous flooding shown in Church Cliff Farm Area. Storm water ran off the site of HA24 across the road and into Church Cliff Farm properties. flooding occurred in 2002 and 2007 Twice within 5 years. |
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SBC Report to Planning and Development Committee. 10th March 2016. REF: PSM/16/67.Application Ref: 505113-487983. No previous mention of housing development within the FFAS documentation prior to this report.
now item 7.28 appears in this report an in hind sight get out clause. never previously mentioned in the FFAS Plan process. This item is flawed and misleading. Ref: site HA23 now HA24.( e.g. the bunds alongside Church Cliff Drive ) is within the bunds. So will NOT provide protection to the potential new area of housing. See map area HA23 now HA24 above PB1154/9005.(HA23 green outline) However Ref: Site HA22 now HA23 (e.g. the bunds to the rear of Sycamore Ave and Cherry Tree Drive) is without the bunds, the bunds are before the allocated site, so will provide protection to the potential new housing. |
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Filey Flood Alleviation Information .Evidence to support above statement. Exhibition Plan showing the position of flood protection embankments.
See item number: 5 Area 1 - Parish Fields - Site HA24 WITHIN Flood protection Embankment 6 Area 2 - Sycamore Ave - Site HA23 WITHOUT Flood protection Embankment ( Embankment shown before allocated housing site) Also on SBC Site Map 15/02657/RG3 - PB1154/9010 + 9013. |
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Response to SBC EX15R+A.
Highlighting the councils refusal to recognise Surface water runoff zone, the area is identified and is correct. NOTE: The constructors of the SFRA report use the same computer model to build the reports supporting maps. So increase both maps to the same scale and superimpose the result is the Icons are in the area of Wooldale Drive, Church Cliff Farm and area HA23 now HA24. |
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Correction to response from J Mook to EX15A
RE:PPG supersedes PPS25. Planning Policy Summary 25 (PPS25) approach and methodology is now Planning Policy Guidance (PPG) to the National Planning Policy Framework (NPPF) flood risk and sequential approach and methodology. Planning officers have a legal obligation to follow PPG within the National Planning Policy Framework. |
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SBC Response to EX15R
(responding to the residents comments on EX15) Mook and Agus responses to SBC- EX15 Many of the Councils responses are NOT valid |
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SBC EX15- Response to the questions the Inspector asked about Church Cliff Drive, Filey - Site HA23 now HA24 (Flooding Information)Explain the process by which the site was assessed in terms of flood risk.
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Residents response to the above SBC EX15 ANSWER ( Mook)
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Residents response to the above SBC EX15 ANSWER ( Agus)
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The Good Councillors Guide 4th Edition , Ref: The Nolan Principles
page 22. The residents letter to the Editor of The North Yorkshire Enquirer.
see letters @ www.nyenquirer.uk |
FILEY TOWN COUNCIL- PROPOSED SUBMISSION TO THE LOCAL PLAN (ID46762) SBLP 384 .
Response Date 16/12/2016 @11.50 - Policy HC2 - New Housing Delivery.
This submission states " Members would NOT wish this site to come forward for housing until after the Filey Flood Alleviation Scheme had come to fruition and achieved its anticipated protection of this area of Filey against future flooding incidents"
So after the FFAS has been completed.
Providing any future planning applications are passed?
(This is doubtful as the area will be classified as a functional flood zone when FFAS is completed, see Lidar model info above)
"Any future properties on this site should also be bungalow style to fit with existing surrounding estate"
STRATIGIC FLOOD RISK ASSESSMENT (SFRA) REPORT FOR:
Ryedale DC, Scarborough BC and North York Moors NPA. North East Yorkshire SFRA,
Report Title: C1 - Policy ENV25: Development and Flood Risk. - Item A (iii) States.
" In all other high risk areas outside development limits proposals which involve general purpose housing and residential or institutional accommodation will not be permitted".
(ove arup + partners ltd. issue 16th February 2010.
j:\200000\209466-00\10ARUP\0-12WATER\0-12-8REPORT\0025FINALREPORT(SFRAUPDATE).DOC
Please note this document was in the proposed Local Plan pre adopted Local Plan .Before development limits where extended to include Site HA23 ( now HA24).COMPLETELY IGNORED AT THE EXAMINATION IN PUBLIC STAGE
Ryedale DC, Scarborough BC and North York Moors NPA. North East Yorkshire SFRA,
Report Title: C1 - Policy ENV25: Development and Flood Risk. - Item A (iii) States.
" In all other high risk areas outside development limits proposals which involve general purpose housing and residential or institutional accommodation will not be permitted".
(ove arup + partners ltd. issue 16th February 2010.
j:\200000\209466-00\10ARUP\0-12WATER\0-12-8REPORT\0025FINALREPORT(SFRAUPDATE).DOC
Please note this document was in the proposed Local Plan pre adopted Local Plan .Before development limits where extended to include Site HA23 ( now HA24).COMPLETELY IGNORED AT THE EXAMINATION IN PUBLIC STAGE
FILEY TOWN COUNCIL - PLANNING MEETING - BOROUGH LOCAL PLAN - 1st SEPTEMBER 2014. See page 2 , Para 3, Mr Hand Replied....
See the full copy of the minutes on the NPPF and TECHNICAL GUIDANCE PAGE, on this website LAST PAGE DOWN THE BOTTOM.
" Mr Hand (SBC - Planning Officer) replied to all the questions and stated that the land in question at HA21 (now HA24) was at present time a flood zone 3 and therefore until the flood alleviation scheme is in situ there could be NO development on this site until then."
See the full copy of the minutes on the NPPF and TECHNICAL GUIDANCE PAGE, on this website LAST PAGE DOWN THE BOTTOM.
" Mr Hand (SBC - Planning Officer) replied to all the questions and stated that the land in question at HA21 (now HA24) was at present time a flood zone 3 and therefore until the flood alleviation scheme is in situ there could be NO development on this site until then."
SCARBOROUGH BOROUGH COUNCIL LETTER: MR D WALKER , SBC Planning Manager- 2ND AUGUST (201308)
Response to Complaint Letter FS3359149 Filey Flood Alleviation Scheme.
In the Appendix section of this letter - Comments from Respondents , item numbered 17 " States"
" It acknowledges the recent flood events and The Local Plan has always stated development is unlikely to come forward until the Filey Flood Alleviation Scheme has been successfully implemented".
Response to Complaint Letter FS3359149 Filey Flood Alleviation Scheme.
In the Appendix section of this letter - Comments from Respondents , item numbered 17 " States"
" It acknowledges the recent flood events and The Local Plan has always stated development is unlikely to come forward until the Filey Flood Alleviation Scheme has been successfully implemented".
Please note:
The Local Plan is the first step in the planning process for future housing delivery, if it passes this stage it then proceeds to development stage and planning application to build.
Residents have used independent qualified professionals to compile the reports and assess the methodology and process the authorities are legally obliged to follow.
HA23(now HA24), OS10 and FFAS. Hickling Gray Ass (Representatives for the Landowners) their responses to the residents comments to SBC Local Plan.
Please note this highlights the connection with SBLP, Site HA23 and FFAS this does not follow protocol. (see below)
Read the attached documents Objection to the inclusion of site HA23(was HA21at Draft Local Plan Stage) and 0S10.
A total of 80 residents from the area of Church Cliff Farm, Arndale Way , Fir Tree Drive and Wooldale Drive have sent in Objections to this proposed new housing allocation site. Plus12 Objections to OS10
Letters of complaint and Freedom of Information Questions to SBC,
LocalMP,Filey Town Council and The Environment Ageny.
Below are Previous Objections submitted at proposed and draft stage.
Objections to the inclusion of site HA23 within the Proposed Local Plan 2015.
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Objection report compiled by Emily Agus , MEng, PhD, AIEMA.
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Objection report comiled by Emily Agus, MEng, PhD, AIEMA.
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Objection report compiled by Residents in and around the area of HA23 and OS10
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Comments to SBC Ref: Filey Flood Alleviation Scheme.(FFAS) Includes assessment of comments made by Hickling Gray Associates. (Representatives for the Landowners)
Their response to the Proposed Submission Local Plan Objections. Highlights the connection between FFAS, Site HA23,Site OS10 and The Landowners. Residents have been told by Cllr M Cockerill they are not part and parcel of the same development scheme. THIS IS QUESTIONABLE? ( highlighting closed door meetings?) Surely there is a question over legal compliance? |
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Letter to Kevin Hollinrake Conservative MP for Filey
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Formal Complaint to Filey Town Council and Scarborough Borough Council.
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Letter to the Environment Agency
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Freedom of Information Questions to Scarborough Borough Council, Planning Officers
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Freedom of Information Questions sent to The Environment Agency. Scarborough Borough Council and Filey Town Council./FFAS
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SBC Response to the above Questions
SBC Response to FOI Questions specific to Filey Flood Alleviation Scheme Funding.
Scarborough Borough Council -Back Paper BP-3 May2016
See page 17 Filey 4.27- 4.29 page 49-64 Explanation Of Site Methodology HLSMA Assessment paper for HA23 Filey page 91-92 Hickling Gray comments |
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Residents identify errors , discrepancies, and conflict to policies within Local Plan HLSMA , NPPF and NPPG Policies Housing Land Selection Methodology and Assessment Paper
for site HA23 Filey . Pages 11 - 19. Please read this File. Residents Objections are mainly about incorrect assessment |
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Residents feel that the Forward planning officers have not complied with the Statement of Community Involvement - SCI
See Objection reports |
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Residents feel that forward planning officers have not complied to the Local Development Scheme - LDS
See Objection reports |
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Residents feel that forward planning officers have not complied to the Localism Act 2011. That the council have used the policies in their favour, but not followed the policies to inform hard to reach residents (ie older residents without internet) allowing them to submit comments.
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Background information on comments already submitted at the Draft Local Plan stage , September 2014.
Click on the Download File to read the full 2014 Objection report submitted by
Emily Agus, MEng (HONS) , PhD,AIEMA. ( @ bottom of page)
Comments on the inclusion of site HA21, now site HA23. (Land off Church Cliff Drive , Filey) as an allocated site for new housing delivery,Draft Local Plan 2014
Please note issues are still current.
Download Emily Agus full report submitted for the Local Plan Consultation Stage 2014.
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Emily Agus, Full Report on Draft Local Plan 2014 On site HA21, now site HA23.
Filey - Map 14 - Local Plan - NOV 2015 - Location HA23 |
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New Local Plan, Scarborough Borough Council, NOV 2015
PSLP Housing Allocation Statement Filey Site HA23. |
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Habitat Regulation Assessment, Scarborough Borough Council NOV 2015
Note: No Assessment shown on this document as the site HA23 would be under 100 properties. See the HLSMA |
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Statement of Representations Procedure - SBC - Proposed Local Plan 2015
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