HITCHIN: A former farm that the county council has earmarked for future housing development may have to be sold back to its original owner.

Plans to replace Wrights Farm, in Pirton, three miles south-west of Hitchin, with a development of four houses have been drawn-up by the county council.

They are currently lodging an appeal against a refusal to grant outline planning permission by North Herts District Council.

But at a meeting of the county council on Tuesday (October 18) resident Marilyn Parkin questioned whether the council had the right to build on the land at all.

Ms Parkin told the councillors that the land had been purchased for food production by compulsory purchase under the Agriculture Act (1947).

She said, legal officers had confirmed that so-called 'Crichel Down' rules meant that – once surplus to requirements – the land had to be offered back to the former owner or their heirs at market value.

"HCC has not yet made contact with the heirs of the Wrights Farm seller who now lives in Pirton," she suggested to the council.

"The other question hanging in the air is, have other sellers of other farms been deprived of their rights under the law of compulsory purchase. Does this need to be investigated?"

Ms Parkin had also pointed to the council's environmental ambitions to improve nature on HCC land by 20 per cent by 2030 and to improve wildlife across the county by 20 percent by 2050.

And she questioned whether the proposed development on the site of Wrights Farm fitted with these ambitions.

She pointed to the impact the development would have on the chalk stream and springs environment .

And she highlighted the plans to concrete over five per cent of the site for two 'SuDs', which she described as concrete lined basins to divert ground water.

Executive member for the environment Cllr Eric Buckmaster confirmed that the council had appealed against NHDC's refusal of outline planning permission for the demolition of existing building and the erection of four new buildings.

But he stressed that this was for 'outline' permission – 'to determine that the site is capable of comfortably accommodating four new dwelings'.

And he stressed that should it go ahead planning conditions would be required to deal with drainage measures and habitat management, as well as underlying ecological appraisal of the site as part of the application.

He said Herts and Middlesex Wildlife Trust and Herts Ecology were consulted during the consideration of the outline application.

And he said the impact on nature and wildlife was not cited as a reason for refusal by NHDC.

"The provision of additional rural housing within existing settlements aligns with the national planning policy framework of sustainable development in rural areas," he said.

"The land is largely previously developed and the new houses would be energy efficient, in accordance with principles of sustainability.

"The dwelling replacing the agricultural building would have the same footprint as the existing structure and is in walking distance of the village services.

"So the proposed development aligns with county aims to improve nature and wildlife and has demonstrated appropriate regard to the site context."

Cllr Buckmaster said that the other issue raised by Ms Parkin relating to the requirement to offer the land to the former owner or heir was such a 'specific matter' that he would need to respond later.

Following the meeting, a spokesperson for Hertfordshire County Council said "Officers are aware of the Crichel Down provisions and how they may be applicable to this site. They will continue to take [the] advice of their solicitors at the appropriate stages."

Following the meeting, a spokesperson for Hertfordshire County Council said "Officers are aware of the Crichel Down provisions and how they may be applicable to this site. They will continue to take [the] advice of their solicitors at the appropriate stages."