Protection of Open Spaces

I am submitting this document to the consultation being held by Westmorland and Furness Council, to inform the early stage of a new Local Plan, on behalf of Eden Open Spaces Group (EOSG). EOSG are a group of residents from various small villages and hamlets across Eden District, who have a shared concern for the protection of green spaces within our smallest settlements and communities. We formed at the time of the adoption of the 2014-2032 Eden Local Plan as we were worried that it removed or weakened pre-existing protections of open spaces and wanted to raise awareness of the issues and persuade Eden District Council to address this. EOSG worked closely with Lorayne Wall from Friends of the Lake District, and I have attached a document she submitted to EDC regarding the issues of concern. Main issues of concern 1 For many years most villages in Eden had green and open spaces which were specifically protected from development and identified on maps contained within the Eden policies on housing and development, some of these had public access (Public Open Space) and others did not (Amenity Open Space). In 2015 an Open Space Study was carried out by EDC, which informed the current Local Plan. Unfortunately, 34 smaller villages and hamlets were not surveyed (Appendix 1), and consequently many lost previously protected, designated, Amenity Open Space. Curiously, in an area of such natural beauty, history and wildlife such as the Eden Valley, only publicly accessed Open Space was given protected designation in the current Local Plan. Many other councils still offer designation for sites which have benefits other than those requiring public access. Despite several enquiries since 2018, EDC have been unable to provide a reason for this rationale and why the 34 villages and hamlets were not surveyed, resulting in significant loss of protected open spaces. 2 During the course of our discussions with the planning officers in Eden we received assurances that in the smaller villages and hamlets, previously protected amenity open spaces would be protected by policies within the current plan which limit housing development to that described as “modest”, require landscape and local character to be taken into account, and also place limits on the growth of small settlements over the duration of the plan. EOSG contributed to the consultation for the Housing SPD, requesting that the term “modest infill” be made more explicit. This request was incorporated into the Housing SPD 3.1 What is modest infill development? 3.1.1 Existing areas of open space within Smaller Villages and Hamlets can make an important contribution to their appearance and character. The requirement for ‘modest infill’ development is to protect settlements from unjustified and inappropriate development eroding their character. Therefore the impact on the character of the settlement will be taken into account. 3.1.2 To conform to Policy LS1 of the Eden Local Plan infill development should fill a ‘modest gap’. The Council will take the following matters into consideration: - the scale of the proposal in relation to the number of existing dwellings that form the existing settlement; - the length of the site; and - the size of the overall site area. 3.1.3 In most cases modest development is considered to be development that would fill a gap in an otherwise continuous built frontage of not more than two dwellings. Unfortunately, judgements made by the planning inspectorate in relation to an appeal on a site previously designated and protected as amenity open space APP H0928/W/20/3249785 , confirmed our fears about the flimsy nature of protection in the EDC Local Plan, raising a question about its fitness for purpose. These judgements were : • That development of four houses on an infill site in a hamlet could be considered modest and not limited to two as stated in the Eden Plan (section 3.1.3 of the Housing SPD) • That a development amounting to a 9% growth in the size of a small village, (45 dwellings) was acceptable. This is virtually the same as the guideline of 10% for the much larger settlements. • That such growth would not significantly alter the rural character of the hamlet and actually accords with policies in the Eden Local Plan. This contradicts the Cumbria Landscape Character Guidance and Toolkit, which recognises that Open Spaces in villages are part of their character and distinctiveness. In effect the inspector found against some of the standards and measures in the Eden Local Plan 2014-2032 which are used by planners when agreeing or refusing permissions. These are the very standards that we were assured would protect our open spaces, and ensure that we have a locally led planning system that provides homes the community needs whilst also protecting and enhancing our green spaces and countryside. We urge Eden and Furness Council to consider the following issues when producing the new Local Plan ; • To place a priority on tightening the definitions of acceptable scales of development in its smaller villages and hamlets so that they are less vulnerable to wider interpretation by the Planning Inspectorate • To undertake a survey of the smaller villages and hamlets of the area to identify and /or restore the specific protections for green spaces and amenities extant in the penultimate Eden Local Plan, and to consider protection of both public and non-public open spaces, which are special and valued by their communities. Thank you for your kind consideration of our concerns, Yours sincerely, Linda Holmes (on behalf of Eden Open Spaces Group)

For many years most villages had green open spaces which were specifically protected from development and identified on maps contained within the Local Plan. These areas were a mix of Public Open Space and Amenity Open Space.  The Amenity Open Spaces were valued by communities as areas of beauty, abundant wildlife and special to the character of the village. Unfortunately in Eden the designation of Amenity Open Space, and therefore protection of these areas, was removed in the current Local Plan, consequently putting communities at risk of losing much valued open space. This is especially true for the smaller villages and hamlets as many (34) were not even surveyed in the 2015 Open Space Study which informed the current Local Plan. 

It is vital that Westmorland and Furness , an area of much beauty, history and both ecological and geological diversity, includes protection of former Amenity Open Spaces and spaces identified by communities as special, in the forthcoming Local Plan.