Cromwell Bottom

Cromwell Bottom


April 2015 Updated Link on The future of Cromwell Bottom Sign our PETITION (click) to help Cromwell Bottom
WILDLIFE SITING /IDENTIFICATION Send Details or Pictures of finds for identification click to email RECORDS

Strategic Brief LDP

This Page is an Information Point For Environmental & Conservation Groups seeking to secure Green Space LNR or SSI as part of the Statutory Unitary Development processes  required from Calderdale Council

It is placed in the public domain in order to document the Councils Failure to liase with Local Groups and to demonstrate the failure of the council to provide material facts in a clear and unambiguous way to engage Stakeholder groups or in the alternative to demostrate the councils view to selecting particular groups not necessarity reflecting relevant issues

We expect CEO on a Salary of 137 K to perform and indeed any Directorate head Likewise in the Public Interest such not to compromise the Authority on any Legal issue or detriment to the environment


Understanding the Process

The Calderdale Local Plan will be the new development plan for Calderdale, upon adoption will supersede the Replacement Calderdale Unitary development plan 2006 (RCUDP). Until the Calderdale Local Plan has completely replaced the RCUDP - not likely to occur until at least 2017 - planning decisions will be based upon the RCUDP and the NPPF (National Planning Policy Framework).

The LDF will be made up of a number of individual documents called Local Development Documents (LDDs). Some of these are statutory planning documents known as Development Plan Documents (DPDs). These documents are required by law and will, once adopted, form the basis for decision making on planning applications

All Development Plan Documents (DPDs) will be subject to an independent examination by an inspector who will use a number of tests which assess how documents have been prepared and what they say. This test is known as the ‘Tests of Soundness’. If a document is found to be ‘sound’, the Council can formally adopt the document and this will then be used in the decision making process.

In the Cromwell Scenario The Council assert that the process of Land Management is different to the Land Use currently dictated by the RCUDP and thence proposed by the LDP . In our view it is not so clear cut as it incorporates a full  consideration of other Points of  law and relevant Acts which would apply to any  piece of land , Eg Land fill, Flood Control  etc and in fact should properly and practically be considerred  . The Council cannot act Ultra Vires .

How Can I Participate ?

Councils Consultation Process.(Link) - NoteOn the LDP note not Land Management  -  at this stage make a representation as only Members of the public who made representation have the right to appear at the Examination by the independent inspector at the final stages of the process

In theory Yes , albeit under the auspices of the Councils Directed Process , it does not however preclude you in any way at all making an independent representation as an Active recording or Specific Interest Group . More on this to Follow, but it certainly does not ammount to the statement of Friends of The Earth on the Councils first and only commentary praising them for a legal process they are required to undertaeke

My understanding is at this moment 15 09 2015 process is closed so for evaluation it can be open at a later date . However as this is an ongoing matter consultation and representation at any point can not be precluded , so if you are a Stakeholder Group ensure your concerns are formally made and lodged , they can not be ignored 

The Cromwell Bottom Test

Now !! I refer to the enormous ammount of effort and public monies given to Consulting on Cromwell Bottom . where you told at any point by the devlopment model that what you where consulting on was a larger model of Land Use ? Indeed as a Stakeholder Group where you given information to make reasoned outcome on consultation - Re Councils Refusal to meet with stakeholders ? Given the decommisioning of the Landfill Site at Cromwell Bottom North Loop which is inherently in intimate geographic proximity to half the Wast Site

In the  matter of Cromwell Bottom North Loop ( and existing nature reserve )

The Consultation  More Here as to why we believe it to be flawed. For avoidance of doubt the most common challenge in the courts to Local Authorities is in regard  to the Right to Object being prejudiced under Unitary Development Process

Its interesting why 20 yrs of evidential ecological records have  been ignored by teh Council on this site

It also raises the importance sadly to the detriment of Local Wildlife Groups , in regarding to a planning application on the existing site to which FEET have objected to  and somewhat summarised by the current notice on site

Land Grab

The questions arising at any statutory test where and have the council openly and transparently consulted . Is anything the Council have done to date prejudiced any outcome of consultation .

The issue that the Council faces is to secure development Land within the Lower Valley but it must take due regard of Flood Zones . It therefore follows that the Authority through a scoping process must identify potential existing housing sites on Brownfield to help protect the integrity of Green Belt.


" Both brownfield and greenfield sites. The Council is particularly keen to receive information on brownfield sites whatever their size "

The obligation is on the Council to undertake a properkly formed scoping process to take into consideration Flood Control , Infrastructure and Environmental Impact Assessments

As many may be aware the Landfill Site at Cromwell Bottom which has ironically become a site of important ecological interest evolving back to the pristine River Valley it was

In  this instance  this , to use the Councils own words Large tract of land has become of commercial interest to the council in a number of ways

Some What is precocious ?????? Click on the Councils view to undermining Yours below

Master Plan Approved Hudds Examiner

Vast Tracks of Land  Yorkshire Post

Click Link For Policies in Force under the Current RCUDP
Enter postcode in search HD6 2RG
Hover over area to see UDP policies in force For the purpose of planning

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