Good news on the campaign to save 60% of the Irvine Road Orchard.
IRARA September 2018 newsletter
IRARA March 2018 newsletter
So far, so good on the footpath between the schools, but we will have to wait and see for final confirmation.
IRARA Quiz Night – book the edge of your seat now!
IRARA is holding a quiz night on Saturday the 28th of April to help raise funds for the management of the proposed new Irvine Road community orchard, so please do make the effort to come along and help a very good cause.
Tickets are only £5 per person and there is a very cheap licensed bar, but you will need to book in advance and bring your own snacks.
The fun starts at 7.00pm, so save the date and book now. Call Claire Murphy on07764 939169 or email Claire on: murph.claire@ hotmail.co.uk.
You do not need to be an IRARA member and everyone is welcome, but unfortunately tickets cannot be sold at the door.
Community orchard here we come!
Finally, IRARA have reached agreement with local property developers Lexden Restorations on the way forward for the Irvine Road Orchard. Local residents voted to go for a 50 year lease on the land (at a peppercorn rent) which would allow us to develop it into a proper community orchard and nature reserve, of benefit to the local community and schools.
Details have yet to be worked out as the lease on the 60% to be retained as an orchard is yet to be drawn up and the working arrangements of separating the two areas of land before housing development begins, but it is now safe to say that general agreement has been reached and everyone is keen to get on with the new project.
We will be keeping you up to date with work schedules (and requests for volunteers) as things progress, but right now the big news is that the decade-long fight to keep the orchard is over. It’s true that we have had to compromise, but at least now 60% of the land will be genuinely accessible to the community and within our control.
It’s up to us to make a success of it.
IRARA 2017 Christmas Party
It will soon be that time of the year again and the social event of the season has been scheduled for Friday December 8th, so the obvious way to relax after a hard day’s Christmas shopping is to enjoy a glass of wine (or two) at the Arclight Bowls Club.
The IRARA annual get-together has proved quite popular and is a great way to get to know your neighbours, particularly if you are a new arrival in the area. There will be nibbles and very reasonably priced drinks, so come along and get social.
IRARA 2017 AGM
a bit later than normal , but finally the IRARA Annual General Meeting is scheduled for next Wednesday (November 29th) and will be held at the Arclight Bowls Club in Eudo Road. The meeting starts at 7.30pm and everyone is welcome.
You don’t need to be a member to go, but you will have to join if you want a vote. You can join on the day for only £3. Bargain!
The meeting is later than usual this year because a lot has been going on behind the scenes with the Irvine Road Orchard, so there is a lot to talk about and work to set up the community orchard needs to begin soon, so if you are interested please come along.
The Irvine Road orchard: Decision time
It’s been a long trek from the residents’ meeting a year ago when we discussed whether it was worthwhile trying to come to an agreement with the developers who now own the orchard, and those members who were present may recall that the meeting voted overwhelmingly in favour of exploring a compromise. It does, however, appear to have been worth the effort as the developers have come back with a list of options for ownership or leasing which give us a genuine choice for the future.
IRARA representatives will be canvassing the area soon to find out your views on the way forward, but obviously there are limits to how much information can be imparted on the doorstep, so this post is an attempt to provide some background information so that your decision is as well informed as possible.
At this stage you will be asked simply to decide whether to accept a deal with the developer to develop some of the orchard in return for leasing or selling the majority of the land to the community, or continue to fight any development at all. It’s an important decision, and we hope the information below helps you make a choice.
History of the campaign
Some of what follows is old news, but it may be new to some and we think it does provide some valuable context:
1. The Irvine Road orchard was originally owned by David and Mary Locke but eventually bequeathed to a selection of charities and some individuals, the intention being that they develop it for profit.
2. Up until about 15 years ago the orchard had been designated as residential/development land and a planning application to develop the entire orchard had been submitted and approved, but for reasons best known to themselves the Locke family allowed this to lapse.
3. Since that time IRARA has worked to try and preserve the orchard intact and obtained an Area Tree Preservation Order on the trees, hedgerows and boundaries and was successful in getting the orchard designated as a Local Wildlife Site in the current Local Development Plan. However, this was not enough to prevent the managing agents from destroying the mature plane trees along The Chase and clearing the undergrowth at the side.
- As part of our attempts to preserve the orchard, we looked into the possibility of getting public funding to buy and maintain it as a community orchard and wildlife site. In the end we failed, principally because a number of built in ‘catch 22’ clauses in the funding policies of most of the major funders. These either required us to already own the land to get funding or to show that it would benefit a much larger number of people than the residents of this neighbourhood.
5. Eventually the orchard came up for sale and a group of local residents agreed to contribute to buy the orchard, following a similar example in Bures where local residents raised £90,000 to buy their local open space from a developer. Again we failed, not because we didn’t raise the cash, but because the land was sold at a slightly higher price than our offer with a built-in clause requiring the purchaser to ‘make all possible efforts’ to develop the land, with the beneficiaries of the previously mentioned will receiving a significant proportion of the profits. Even if we had purchased the land we would have been legally bound to develop it!
If the planning application is initially turned down by Colchester Council, the developer is legally bound by the conditions of sale to appeal and this would be heard by an independent planning inspector who would solely be concerned with planning-related matters.
2017 – 2033 Emerging Local Development Plan
6. When the consultation period for the latest ‘Emerging’ Local Development Plan for 2017 –2033 began in 2015 the orchard appeared on the list of sites submitted for potential building development. IRARA and many residents immediately objected on the grounds of its designation as a Local Wildlife Site and the Area Tree Preservation Order.
7. As part of the development of the Local Plan, Colchester Borough Council undertook a survey and review of the site, which turned out to be less than favourable to us.
8. When the draft Local Development Plan was published we were shocked to discover that Colchester Borough Council had this to say about the orchard:
“The 2016 Local Site Review concluded that this site is in favourable but declining status as an orchard with no management of the fruit trees or other vegetation in recent years. The grassland is becoming rank and the Prunus scrub which is spreading, is already dominant in some areas. The northern edge of the site is also being managed inappropriately, from a conservation point of view. This lack of active and appropriate management if not addressed over time, will result in further decline in the ecological value of the site. This could result in it eventually being de-designated as a Local Site if it fails to meet the qualifying criteria for designation.
Whilst the site has some limited wildlife value, a small amount of development, of up to a maximum 8 dwellings, covering no more than 40% of the site is considered appropriate at this location. The remaining 60% of the site should be brought back into suitable condition with management to improve the sites ecological value and to ensure it continues to contribute to the local Green Infrastructure network. A detailed ecological management plan and mitigation plan should be prepared as part of any future development proposal to conserve the most valuable habitats/part at this site.
Development of this site will be supported where it provides:
(i) Up to 8 new dwellings of a mix and type of housing to be compatible with surrounding development;
(ii) Access via existing track off Irvine Road;
(iii) A maximum development area of 40% of the site;
(iv) An Ecological Management Plan and Mitigation Plan for the remaining 60% of the site to improve and enhance its ecological value.”
9. In effect, this policy, while obviously seeming like a reasonable compromise to the planners, completely undermined our attempts to save the orchard in its entirety and gave notice that the Colchester Planning Department would approve a planning application that met the requirements listed.
10. Following this development IRARA members voted overwhelmingly in favour of talking to the developers to see what kind of deal could be reached while retaining our position that we may still choose to fight any and all development. We wanted to keep our options open.
The options available to us
To cut a long story as short as possible, after 9 months of discussions, here are the various options for the 60% of land that would not be developed that we are talking to the developers about, each with a brief summary of what we regard as the pros and cons.
Option 1: Lease
A 50 year lease at a peppercorn rent (with restrictions on use based on it being a community orchard). The charities would not agree to any restrictive covenants beyond the 50 year lease period and there would be no automatic right to renew that lease.
Pros: Quick, easy, cheap. We could begin work on restoring the 60% immediately. We think, and hope, volunteers and funding would be available if we had long term tenure.
Cons: Not freehold, so not permanent. Could be argued that it means the orchard will be developed in 50 years’ time. As tenants we would not be in total control of our own destiny and a future change of ownership of the freehold could change things for the worse at any time.
Feasibility: This is the baseline option assuming we can get the developer to commit to this deal. If the orchard was developed into a truly valuable wildlife site it could be much harder to get permission to develop. Who really knows what the development landscape will look like in 50 years’ time. We would need to continue to work to make future development as difficult as possible.
Option 2: Freehold Sale
They will agree to a freehold sale, but at a figure of £35,000 with covenants to protect against future development and the use of the Orchard. That amount could be paid in two stages, £15,000 straight away and £20,000 in 3 years time.
Pros: We would own the freehold, so be free of developers; not required to come up with the full amount immediately.
Cons: A lot of money to raise; they still want covenants in place to restrict what can be done with the orchard. These would need to be looked at very carefully; we would need to form a legally constituted body to own the land, but this is true in all cases. Very difficult to see how we could commit funds now before any planning application is available.
Feasibility: Raising the cash is possible, we’ve proved that, but raising it from external funders is more complicated and time consuming. It could be done but would require hard work.
Option 3: Lease with an Option to Purchase
They would grant the 50 Year Lease at a peppercorn rent, but with an option to purchase the freehold in five years time, but at the higher price of £45,000 which in part reflects the additional legal fees that would be incurred. Again there would be covenants imposed restricting the future use of the land.
Pros: We get five years to raise the purchase price and the the lease would continue if we failed.
Cons: Even more money to raise; again more covenants; a legally constituted body (like a charitable trust) would need to be formed; a lot of effort to raise that kind of cash; it might take effort away from setting up the Orchard and bringing it back into health and getting people involved.
Feasibility: Good news and bad news in that we get the lease anyway and the time to raise the cash, but it’s even more cash to raise. It may prove quite difficult to do in the time.
Option 4: Oppose any attempt to develop any of the orchard
There is nothing to prevent any organisation or individual from objecting to any attempt to develop the orchard. The overwhelming majority of the IRARA committee do not support this approach, given the context provided above.
Pros: If successful, we could block any development on the orchard.
Cons: Even if we were successful in blocking development this time around, the orchard remains private property and presumably all bets are off. We know there is no chance of buying it and the obligation to develop will remain, so it will remain neglected and the developers will probably apply to have it de-designated. Certainly no benefit nor access to the community. Strong pressure for re-development in the next planning cycle (in 5 years time) seems very likely.
Feasibility: Given the current housing demand, the council’s emerging Local Plan, the current planning ‘climate’ and the obligation to seek development that comes with the ownership of the orchard, the chances of successfully opposing a planning application appear slim, given that the developer is duty bound to appeal and the decision will then be in the hands of an independent inspector. There is a risk that outright opposition may result in a larger development being put forward, either now or soon after an initial application, as the developer would have nothing to lose by doing so.
What would development look like?
The drawing above was put forward by IRARA as the most acceptable way of developing 40% of the orchard and broadly agreed by the developer. It still leaves a sizeable area of orchard and hedgerows with which to work and provides for a green link onto Shady Lane and the open playing fields beyond, which is integral to the orchard’s ecological importance. Since this drawing was submitted, the proposed number of houses has been reduced to six, which also reduces the traffic/parking congestion potential slightly.
At this stage we are deciding whether or not to accept the development of 40% of the orchard and possible options for ownership or long term tenure, so details of the development and management plans for the remaining 60% are still to be discussed and obviously depend upon the outcome of this consultation. In the long term, our aim is to maintain it as a community orchard, a truly valuable local wildlife site and an outdoor learning resource for the local schools.
If you need any further information, or would like to tell us what you think, please email us at: info@irara.org.uk
IRARA Summer Street Sale
Due to popular demand, we have decided to have another IRARA street sale this year, on Sunday the 11th of June, so if you have any hidden gems in your attic, keep them and dig out the old tut you don’t want. But seriously, folks, we will be putting the word out so it will be a good opportunity to get rid of unwanted stuff and maybe pick up a bargain.
Non-members will also be able to join at the Street Sale (no, it’s not compulsory) as we have discovered it’s one of the most convenient ways for members to join or renew. Don’t forget, we now are able to enlist members from the wider area, so you don’t have to live in one of these streets to join. If you care about the same issues as we do, that’s good enough for us, and tell your friends.
The IRARA Social Season 2017
While IRARA will always be at the forefront of protecting and enhancing our local neighbourhood, we do like to relax sometimes, and get to know people in our area better and this year we have decided to make more of an effort on the social front. So here it is, the IRARA 2017 Summer Season!
IRARA Summer Barbecue: To be held on the Irvine Road Field. Date not yet confirmed, but probably end of August. It’s an informal get together and you will need to bring something to sit on, and your drink. Barbecues will be in action. Watch this space!
IRARA Annual General Meeting: Not really a social event, but still a good opportunity to meet the neighbours and keep up with what’s happening locally. Date to be confirmed, but probably Friday September 15th at the Arclight Bowls Club, Eudo Road (on the other side of Shrub End Road behind the tennis courts). Non member are welcome and can join on the night if they want.
IRARA Half Term Litterpick: Again, not really a social event (unless you really have nothing else going on) but a good thing to do as it keeps the place tidy for a week at least and makes us all feel better. Date to be confirmed, but probably Sunday October 22nd for a few hours 10.30 onwards at the allotments/Shady Lane.
IRARA Quiz Night: For the first time ever, an IRARA Quiz Night to be held at the Arclight Bowls Club. Great prizes, lots of fun for our brighter members. The rest of us losers can enjoy the cheap drinks and snacks. Date to be confirmed, depending on the venue, but hopefully in November, so watch this space.
IRARA Winter Social: The winter social event at the Arclight Bowls Club has been a successful get-together for the last two years, so we have decided to organise another one, hopefully the first week in December, but again the date will depend on the venue availability. Cheap drinks and nibbles available, again, watch this space.
As always, if you have any ideas and suggestions to help with the events, let us know.
IRARA AGM Saturday September 17th!!
Yes, it’s that time of the year again, but this year we’re having the AGM on a Saturday evening, at the Arclight Bowls Club in Eudo Road.
For the uninitiated, the Arclight Bowls Club is next door to the tennis club, behind the playing fields on Boadicea Way. Eudo Road adjoins Shrub End Road opposite the junction with Irvine Road, so it’s easy enough to find.
There will be a bar to help you deal with the excitement, and non-members are very welcome, but will not be able to vote (unless they decide to join on the day!).
There is a lot to talk about this year, so please try and tear yourself away from Strictly and come along.
Special Irvine Road Orchard meeting on August 15th
Update: August 18th
Over 30 residents attended a public meeting on 15th August to talk with Jonathan Frank, the owner of Lexden Restorations, who is planning to develop the ancient orchard behind Irvine Road. Jonathan Frank stated his willingness to work with the residents to develop a scheme along the lines of the latest planning consultation document issued by Colchester Borough Council.
This would allow development on 40% of the orchard on the condition that the remainder of the area remains intact and a conservation management plan is agreed and implemented. Key questions regarding the development were raised by the residents regarding parking, traffic, the number and style of houses, and what happens to the land that is not developed where there was a strong interest in creating an orchard owned and managed by the community. In response Jonathan Frank offered to come back to the residents with a proposed development that seeks to address as many of their concerns as possible and invited the residents to make a proposal for what they wanted for the remainder of the space.
Whether residents will support the development will depend on what Jonathan Frank comes back with but an overwhelming majority felt that this compromise development was worth pursuing further with only two residents either wanting more information or wanting to object to the development.
As a result, the IRARA committee will put together an outline proposal for the community orchard and seek residents views in October when we also expect to see the development proposals.
If you want to know more, please email info@irara.org.uk
IRARA have arranged a public meeting at the Arclight Bowls Club in Eudo Road to enable members and local residents to talk directly to the property developer planning to develop the ancient orchard behind Irvine Road. If you want to have your say, or just find out more, please come along.
As some of you may be aware, the latest planning consultation document issued by Colchester Borough Council has agreed to allow some development on the site of the ancient orchard, on the condition that 60% of the area remains intact and a conservation management plan is agreed and implemented, so there is a lot to talk about.
The meeting is scheduled to start at 7.30pm on Monday August 15th.
The Arclight Bowls Club is behind the Boadicea Way playing fields. Just follow the yellow arrow!