News, News, News, News
Town Green ‘bid’ fails
The Society’s attempt to keep one of the few remaining green areas inside the inner ring roads has failed.
The Society under Section 15 (1) of the Commons Act 2006 had applied for Town Green Status for a small green area of approx 0.24 hectares and one of the last remaining in the town centre. The District Council & Warner Estates want to build an extension to the Hale Leys shopping centre right up to the road edge.
The Society is not against the development but tried to negotiate with the developers ways of retaining the green. We felt it could be an asset to the shopping mall and would provide an area for people to relax. It also contained some fine mature trees including 5 chestnuts at the road edge which helped break up the urban streetscape. After conversations with the developers and following revision to their plans which did not incorporate the green area the only way forward to protect the green was to apply to Bucks CC for registration as a ‘Town Green’. Notice was posted in August and naturally Warners and AVDC strongly opposed the application. Keith Robinson and I started a dialogue with the Warners culminating in them saying that if we did not withdraw the application then they would pull out of the development. They could not make any compromises on the retention of the green as Debenhams who were key to the development wanted to be seen from the road and also from shoppers exciting the proposed new Waitrose store opposite. Retention of the Chestnut trees would obscure their store. We e-mailed 92 members and sent letters to a further 140 to gauge their views on whether we should proceed with the application. 62 members replied supporting our action. Thirteen members were against the application and 7 were non-committal. In addition I received 7 phone calls supporting our action. We held an open meeting for members on 5 August when 33 members attended. At the end of the meeting they unanimously supported our action. We did not withdraw and Warners showed their intent by employing Nabarros to present their case.
The application was recommended for refusal by Bucks CC at their Rights of Way meeting on 8 October. Their Legal Opinion was as follows - Legal advice has been sought on the application from Counsel who appeared before the House of Lords in both the “Oxford Traps” and “Beresford” cases. Counsel’s opinion is at Appendix 1. Counsel considers that the powers under which the land was held and made available for the whole or most of the qualifying period means that, as a matter of law, any use could not be considered to be as of right and that the application should be rejected. He has considered the applicant’s comments on the objections and concludes that The Aylesbury Society has not produced any evidence to demonstrate that the application land was not held under the stated series of statutory provisions or that it was not purchased and held as a recreation ground. He does not consider that the allocation of the land in the Local Plan referred to in paragraph 35, can, of itself, provide any basis to contradict clear documentary evidence of the basis on which the land was acquired and subsequently held. He further considers that there is insufficient evidence of use by a significant number of inhabitants and that the use of the land as a site compound in 1998/9 provides an interruption to any use.
Conclusion We consider that the applicant has had the opportunity of dealing with the matters raised in objection by AVDC and Warner Estates Holding plc and the possible grounds for rejecting the application. As a matter of law that there is insufficient evidence to indicate that the land at Exchange Street should be registered as a town or village green and it is recommended that the application be rejected.
All is not lost. Key to the development was a Debenhams store being built on the ‘green’. In the current economic climate and with the demise of their investors the scheme may falter in its present state. (see further story Hale Leys Extension delayed)
AVDC’s Gateway offices go ahead despite request to ‘call in’
Despite opposition from The Society, Aylesbury Town Council and two Liberal Democrats, proposals for the district council's new offices and council chamber along Gatehouse Road in Aylesbury were effectively given an amber light in October.
AVDC councillors on the strategic development control committee granted permission for a 140-seat council chamber to be used for all council meetings as well as a conference centre for the public and offices to house all 400 staff. The decision was made despite a request to ‘call in’ the application. The Government Office for the South East (GOSE) act for Government Ministers on important planning issues affecting the region. They also on behalf of the Secretary of State on land use and planning matters in the South East. The criteria they would have applied to AVDC’s application would have included the following i) does it secure the most efficient and effective use of land in the public interest ii) does it direct new development such as housing, shops, schools and hospitals towards the most sustainable locations and where it is most needed. Part of GOSE directive is i) Effective land use for the well being of the country. ii) Delivering what people want: jobs, homes, lively city centres, better transport, and sensitive care for our historic buildings and the countryside. The Society felt that the application breached these simple rules but GOSS has decided to take no action and the District Council has virtually given itself planning permission.
The Society made the following comments on the principles of the planning application.
The Society believes that the location for the administration of Civic functions is in the town centre. We are concerned that the relocation of 400 weekday lunch-time shoppers will have dire economic consequences for shops and eating places in Aylesbury town centre.
We further believe that the relocation to an out of town site in Gatehouse encourages Council workers and members of the public to use their cars to get to work or to visit the Council on business. The existing offices in the town centre either in the High Street or in Great Western Street are served with buses from all over town and environs and this has been improved with the transport hub coming on stream. Gatehouse is only served with two regular routes from selected locations in the town i.e. Bedgrove, Elmhurst, Quarrendon and Haydon Hill. These routes do not run regularly along Gatehouse Road but along Bicester Road.
Finally we question the need in the current economic situation for the Council to spend a huge amount of taxpayer’s money on relocation particularly as this public sector investment will exacerbate regeneration of the town centre
Newly opened Walton Street car park misses out on Carbuncle Cup
Aylesbury’s newly opened Walton Street car park has already missed out on a prize, but it is not the sort the District Council will relish. Building Design magazines ‘Carbuncle Cup’ is to the Stirling Prize what the Razzies are to the Oscars.
P
hoto courtesy of John Giles/PA Photos
The 525 space carpark, which opened in September, was nominated for the Carbunkle Cup by Michael Zawadzki, from the architects firm of the same name in Rickfords Hill. He said "I think it's so ugly, the whole thing is pretty grim. I couldn't believe it when I saw it going up, I'm sure it works very well inside but it is not good on the eye."
Building Design Magazine, said it was one of the worst examples of new architecture in the country. The judges said "looks like it has been constructed from plans drawn up in 1974; if anyone is considering a remake, of A Clockwork Orange, the Walton Street car park surely deserves to feature. Stanley Kubrick filmed some scenes for A Clockwork Orange in Aylesbury. The Society has always felt that the car park is in the wrong place. It is quite a way from the shops and Theatre goers using it in a rainy night will get a soaking.
Walton Street Carpark did not win the Carbunkle Cup. That dubious honour went to The Radisson SAS Waterfront Hotel in Jersey..
