Planning Application 2006/3212

Notes produced by Hackney Marsh User Group.

A planning application has been submitted by Turley Associates, London Development Agency agents, to the London Borough of Hackney. It can be seen on the LDA website. [1]

A copy of the application has been sent to HMUG with the request that comments are submitted within 21 days - ie by December 20th. We have seen no public notices of this planning application.

Application is for:

1. a permanent site of seven pitches;
2. each pitch to house two caravans and their vehicles on a hardstanding with seven residential buildings, access road and turning space;
3. site around the current access road to the depot from Homerton Road, to take in open space between the path along river, between depot gate and Homerton Road, the original depot office and area around it which is planted up with many varieties of Lawson cypresses;
4. some unused depot buildings and much space that is now grassed with trees and rose bed;
5. destruction of trees: application does not specific how many or which trees. Probably: five scots pines, two big cone pines, one sweet chestnut, six cherries, possibly a fine cedar and a large cluster and hedge of Lawson cypress. These trees are an important habitat for many birds and animals;
6. new access road to the depot. This would come through the northern edge of the Tree Nursery and involve cutting down some trees (mature Norway maple and ash).

The application fails to acknowledge that the site is designated as Common Land and Metropolitan Open Space. Instead it claims that the land is 'surplus to requirements'.

Hackney Marshes

In 1894 the Lammas/Common Land rights to Hackney Marshes were acquired - at great cost - for the people of Hackney for their recreational use 'in perpetuity'. This was the result of a long struggle by the people of East London and Hackney Council who are the current caretakers of Hackney Marshes and charged with the duty of preserving them for future generations of East Londoners to enjoy.

The whole of Hackney Marshes (including the land now under threat) is registered as Common Land under the Commons Registration Act, 1965 as can be seen on Hackney’s Common Land Register. The whole of Hackney Marshes (including the land now under threat) is designated - and clearly marked out as such- in Hackney's Unified Development Plan.

HMUG is objecting to the application on the following grounds:

1. The permanent loss of the Common Land of Hackney Marshes.

The land the LDA wish to expropriate to build a Gypsy and Traveller site is registered as Common Land, as evidenced by reference to LBH’s Register of Common Land .

As Hackney’s UDP makes clear, the taking of Common Land is approved only when there are clear recreational benefits for local people (OS3):

"Much of the Borough's open space is registered as Common Land under the Commons Registration Act 1965. The Act requires that any development or enclosure of Common Land be approved by the Secretary of State for the Environment. In the experience of the Council such approval is unlikely to be given except where there is likely to be a clear recreational benefit to the local community".

The Acquisition of Land Act, 1981, requires exchange land of equal size and worth is provided prior to taking Common Land.

The application provides no information about the exchange land it is required to offer. It does not give any rationale why LBH should hand over Common Land for the construction of permanent residential structures and no rationale for its failure to provide exchange land.

This application should be rejected because it involves the enclosure of Common Land with no recreational benefit for the local community or offer of exchange land.

2. The loss of Metropolitan Open Space.

The land the LDA propose to expropriate for a permanent Gypsy and Traveller site is designated in Hackney’s UDP as Metropolitan Open Space.

Hackney's position on the use of Metropolitan Open Space, as evidenced by its UDP is as follows:

‘The council will seek to ensure that the areas shown as metropolitan open space remain in predominantly open use. Any built development should be associated with the open space, nature conservation and/or recreational use of metropolitan open space and will be subject to the following requirements:

• that its prime function should be ancillary to the maintenance or use of the adjoining open land;
• that, wherever possible new buildings are sited close to existing built development or on the periphery of the open land;
• that it has a high standard of design and landscaping.

This policy seeks to safeguard open land and a presumption against inappropriate development applies. The land is therefore considered as strategically important open space in London’.

This policy reflects the London Plan which states:

The Mayor will work with strategic partners to protect and promote London’s network of open spaces, to realize the current and potential value of open spaces to communities, and protect the many benefits of open spaces….. (Policy 3D.7)

Policy 3D.9 states: The Mayor and boroughs should maintain the protection of Metropolitan Open Space (MOS) from inappropriate development.

PPG 17 Planning for Open Space, Sport and Recreation provides guidance from central government about Open Space.

Paragraph 10 reads as follows:

Maintaining An Adequate Supply Of Open Space And Sports And Recreational Facilities

10. Existing open space, sports and recreational buildings and land should not be built on unless an assessment has been undertaken which has clearly shown the open space or the buildings and land to be surplus to requirements. For open space, 'surplus to requirements' should include consideration of all the functions that open space can perform. Not all open space, sport and recreational land and buildings are of equal merit and some may be available for alternative uses. In the absence of a robust and up-to-date assessment by a local authority, an applicant for planning permission may seek to demonstrate through an independent assessment that the land or buildings are surplus to requirements. Developers will need to consult the local community and demonstrate that their proposals are widely supported by them.

Paragraphs 16 and 17 address developments within Open Spaces

16. The recreational quality of open spaces can be eroded by insensitive development or incremental loss of the site. In considering planning applications - either within or adjoining open space - local authorities should weigh any benefits being offered to the community against the loss of open space that will occur. Planning authorities may wish to allow small-scale structures where these would support the existing recreational uses (for example, interpretation centres, toilets, and refreshment facilities), or would provide facilities for new recreational uses. They should seek to ensure that all proposed development takes account of, and is sensitive to, the local context.

17. Local authorities should:

i. avoid any erosion of recreational function and maintain or enhance the character of open spaces;

ii. ensure that open spaces do not suffer from increased overlooking, traffic flows or other encroachment;

iii. protect and enhance those parts of the rights of way network that might benefit open space; and

iv. consider the impact of any development on biodiversity and nature conservation.

The proposed development would mean the permanent loss of Metropolitain Open Space and the predominantly open use of the area. The caravans, hard standing and built facilities, and security fencing are in no way ancillary to the open space, nature conservation and/or recreational use of the Metropolitan Open Space of Hackney Marshes. It is therefore counter to policies in Hackney’s UDP, the London Plan, and PPG17.

The use of the terms ‘disused’ and ‘surplus to requirements’ is inappropriate with reference to Metropolitan Open Space. As the policies make clear, the openness or lack of ‘use’ of open space is what makes it so beneficial to communities.

3. The loss of amenity at the eastern Gateway to Hackney adjacent to Sites of Metropolitan Importance for Nature Conservation.

The proposed site is positioned at the Eastern Gateway to Hackney, with Wick Woodland to the south, the pleasant vista of open space, trees and dramatic hedging in front of the depot to the north. The site is immediately adjacent to the Old River Lea and across the road from Wick Woodland. These are both included in the Lea Valley Site of Metropolitan Importance for Nature Conservation (M071). Far from being 'disused', the area is:

• planted with a fine array of mature and many specimen trees and trees planted by volunteers. These include: Indian bean tree, White and pink Japanese cherries, cedars, big cone pine (the only specimens in the Borough), Scots pine, gingko, turkey oak, whitebeam, sweet chestnut and Lawson cypresses.
• edged with mature hedges, including over 100 Lawson Cypresses and willow
• attractive and of important amenity value, visible from Homerton Road by the many thousands who pass each day as walkers, cyclists, bus passengers, and drivers of cars, vans, taxis and lorries.

The site is also of considerable biodiversity value: Wick Woodland and the trees along the bank of the Old River Lea along the edge the proposed site are designated by the Mayor and GLA as of highest (Metropolitan) significance for biodiversity.

The trees and hedges provide roosting and nesting sites for many birds, including song thrush, missel thrush, green woodpecker, goldcrest, robin, blue tit, great, tit, jay, pied wagtail, magpie, blackbird, chaffinch.

The Old River Lea is an important and internationally recognised migration route for birds: it is important for teal, tufted duck and gadwall which overwinter on the river, and for residential birds such as kingfisher which feed and nest along the Hackney stretch of the river.

The value of such sites and their protection is articulated in Policy 3D.12 of The London Plan:

The Mayor will identify sites of Metropolitan Importance for Nature Conservation (SMIs)... Boroughs should give strong protection to these sites in their UDPs. The Mayor will and boroughs should resist development that would have a significant adverse impact...

It goes to on say that: Where development is to be permitted because the reasons for it are judged to outweigh significant harm to nature conservation, appropriate compensation should be sought.

A built development would severely detract from this attractive area with its trees and amenity value and would have an adverse impact on the important habitats for nature conservation.

4. Detract from the recreation use and quiet enjoyment of the southern end of Hackney Marshes.

The development would impact particularly on the use of the quiet path along the Old River Lea between Homerton Road and East Marsh Bridge, and the Community Tree Nursery and Sensory Garden.

The Tree Nursery is:

• a base for growing and caring for trees which are planted out in Hackney parks. Volunteers have obtained funding to construct ponds and bog area, and plant an edible garden. These improve the biodiversity value of this area of the Marshes and help make connections between food and growing;
• tended by volunteers from Hackney Marsh User Group and Tree Musketeers, in partnership with Hackney Parks and Hackney Tree Gang and with funding from (amongst others) Green Gateway, Single Community Programme and NRF. HMUG works with Youth Offending Team who created a fence round the ponds.
• a resource for local school children enabling them to get close to and find out about nature, about the links between nature and food, to engage in physical activity (including walking to and from schools), and contribute to enhancing the biodiversity of Hackney Marshes by planting and caring for trees, hedge and bushes.

The value of the Tree Nursery and its work with local schools is recognised in the Strategy for Hackney Marshes being put together for the LDA. A key component of this Strategy is a southern hub, with facilities for schools and HMUG where volunteers can work with school children.

A permanent housing site at the southern end of Hackney Marshes close to the Tree Nursery and a new access road which will cut through the Tree Nursery threaten the continuation of Tree Nursery and Sensory Garden as a safe and accessible community resource where volunteers can engage in physical activity and work with children, and schools and funders can feel confident about the safety of the site and sustainability of projects.

Undermining the dedication of community volunteers and their work with local school children sits particularly badly alongside Mayoral statements about encouraging people to get involved in volunteering in their communities and in the Olympic Games.

5. Building on a Flood Plain.

Because of the risk of flooding, the site requires a ‘dry access’ to comply with regulations. This would an exit from the site onto the path along the Old River Lea.

Building permanent residential accommodation next to a river liable to flood should not be given planning permission.

6. Betrayal of commitments not to build facilities for the Olympics on Hackney Marshes.

We have received repeated commitments from the Olympic Project that Hackney Marshes would not be concreted over for the games. The Bid Team (Hackney Gazette, July 2003) and London Mayor’s Olympics adviser, Neale Coleman (July 2004 at a well attended public meeting in Hackney) stated that Hackney Marshes would be safeguarded from any permanent or temporary Olympic facilities or development.

The Mayor of London continues to give an undertaking on his website that there will be no permanent Olympic development on Hackney Marshes.

These commitments run counter to what is happening.

Arena Field, White Hart Field, and Morris Field are being taken permanently for Olympics structures.

East Marsh is being taken for coach and car park with the permanent loss of a yet unknown number of trees. There is a commitment to replacing the sports pitches on East Marsh after the Games. However, this week Ken Livingstone and Tessa Jowell have both said, in response to reports of ever spiraling costs, that land in the Lower Lee Valley will be sold off after the Games.

This application is yet another example of the Olympics Project riding roughshod over its commitments about open space to local people.

Precedents for the future. Not only does this proposal represent a further failure by the Olympics project to stand by its own commitments on Hackney Marshes. It also raises concerns about how many more attempts there will be from the Olympics project- and others- to grab land on Hackney Marshes.

Once National, Regional and local policies protecting the open character of open space are breached, a precedent is set for future land grabs, by Olympics Projects and other developers.

This application is yet another attempt to expropriate open space for the Olympics in the face of a series of commitments given to Hackney people. It further undermines confidence in Olympics project and commitments for future legacy.

From an editorial in the Evening Standard:

There are plans to bulldoze part of Hackney Marshes, home to dozens of pitches that are heavily used by east London’s amateur footballers in order to accommodate travellers displaced by the Olympic development. Clearly the gypsies need another site but it is madness to disrupt even the fringes of a much loved arena for amateur sport in the name of the 2012 Games.

This is supposed to be an Olympics that is all about popular participation. An established venue for amateur football and the landscaping that goes with it must not be threatened. The LDA must find somewhere else (October 17th 2006).

And the Hackney Gazette:

In the light of the outcry over its plans to tarmac the East Marsh and deprive the community and Sunday footballers of recreational facilities for two years, it beggars belief that the LDA would have the brass neck to entertain grabbing another piece of the Marshes.

The travellers have to be found a permanent new home ….. But the Marshes shouldn’t be used as a ‘quick-fix’ solution for faceless bureaucrats and politicians who want to avoid the inevitable ‘nimby’ protests over alternative sites. (April 13th 2006).

Hackney Marsh User Group (HMUG)

HMUG came into being in 1987 when Hackney Marshes were transferred from GLC to London Borough of Hackney. HMUG organises activities and events on Hackney Marshes with the aim of increasing the use of the Marshes by all sectors of community and to improve its biodiversity and nature conservation interest.

HMUG works with other voluntary organisations such as Hackney Tree Musketeers, NE London Ramblers, Hackney Parks Forum, with London Borough of Hackney Park Service, and Groundwork East London. As Chair of HMUG, Anne Woollett has served as a community rep on Hackney Wick Partnership for the last seven years and is a Trustee of Groundwork East London.

HMUG has a very active programme of events and activities. These are funded by, amongst others, Green Gateway, Awards for All, Single Community Programme, Hackney Voluntary Sector Grants Programme, NRF Actions for Biodiversity and Parklife. HMUG activities include:

• fortnightly work sessions at Tree Nursery where we have built a pond and bog garden, grow trees, herbs and ‘sensory’ plants, plant trees and are now planting an Edible Garden;
• regular series of walks;
• self-guided walks leaflets round Hackney Marshes and from the Marshes to other local parks and open spaces;
• tree and hedge planting and care including coppicing. We were actively involved in the creation of Wick Woodland in 1996, and since then in the creation and continued planting and care of Wick, Friends, Jubilee and Kingfisher Wood, and hedge along Homerton Road and in the Tree Nursery. In 2005 and 2006 HMUG have planted bushes and shrubs under some established trees with children from local schools;
• leaflets about the history, wildlife and trees of Hackney Marshes, East Marsh and Wick Woodland. The leaflet about Wick Woodland was produced to celebrate its tenth birthday in 2006;
• sessions with local school children to plant and care for trees and bushes, create sculpture using natural materials, find out about nature and make links between eating and growing food, and with Hackney’s Youth Offending Team and young people. In 2006 22 classes of children (over 500 children and their teachers) visited the Marshes and Tree Nursery;
• working with companies (eg Camelot) and government departments (eg Prison Service) who helped to plant and mulch trees, build beds for young trees, pot up small trees, acorns and seeds, coppiced trees;
• rubbish clearance; on several occasions volunteers cleared paths through the rubbish dumped by Travellers in Wick Woodland to enable Park staff to keep the paths mown and maintain public access to the Woodland;
• partnership with parks staff to improve recreational and wildlife value of the Marshes;
• campaigning for the recreational and wildlife value of the Marshes: opposed illegal occupations and development and use of the Marshes which are inappropriate to its Common Land and Metropolitan Open Space status and detract from the safe recreational enjoyment of all sectors of the local communities.

Information about HMUG activities, photographs of the Marshes and activities, and leaflets can be found on the Hackney Environment Forum website [2] and follow the links to Hackney Marshes.