Holmes Chapel Neighbourhood Plan – Pre-Submission Version

Representations on behalf of Bloor Homes North West Ltd

Emery Planning 2-4 South Park Court, Hobson Street Macclesfield, SK11 8BS Tel: 01625 433 881 www.emeryplanning.com

Project Site address Client Date Author

: 15-438 : Land south of Middlewich Road, Holmes Chapel : Bloor Homes North West Ltd : 10 June 2016 : Ben Pycroft

This report has been prepared for the client by Emery Planning with all reasonable skill, care and diligence. No part of this document may be reproduced without the prior written approval of Emery Planning. Emery Planning Partnership Limited trading as Emery Planning.

Contents: 1.

Introduction

1

2.

The Basic Conditions

2

3.

National Planning Policy and Guidance

3

4.

The Adopted Development Plan

14

5.

The Emerging Local Plan

16

6.

Response to the HCNP – Pre-submission Version

18

7.

Summary and Conclusions

26

8.

Appendices

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

1. Introduction 1.1

Emery Planning Partnership is instructed by Bloor Homes to submit representations to the Holmes Chapel Neighbourhood Plan (HCNP). Our client’s specific land interest is the land to the south of Middlewich Road, which they are promoting for mixed use development. A site location plan outlining the land in our client’s control is attached at appendix EP1.

1.2

We note that at this stage the HCNP does not propose any specific site allocations. However should this position change we would wish to put our client’s site (land south of Middlewich Road, see EP1) forward as a housing allocation, and would be able to provide further details of the proposals.

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2. The Basic Conditions 2.1

The basic conditions are set out in paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 as applied to neighbourhood plans by Section 38A of the Planning and Compulsory Purchase Act 2004. The basic conditions are: a. having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the order (or neighbourhood plan). b. having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order. This applies only to Orders. c. having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order. This applies only to Orders. d. the making of the order (or neighbourhood plan) contributes to the achievement of sustainable development. e. the making of the order (or neighbourhood plan) is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area). f.

the making of the order (or neighbourhood plan) does not breach, and is otherwise compatible with, EU obligations.

g. prescribed conditions are met in relation to the Order (or plan) and prescribed matters have been complied with in connection with the proposal for the order (or neighbourhood plan).

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3. National Planning Policy and Guidance National Planning Policy Framework (NPPF) 3.1

The NPPF was adopted in March 2012. It sets out the Government’s planning policies for England and how these are expected to be applied. The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in paragraphs 18 to 219 of the NPPF, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system.

3.2

Paragraph 14 of the NPPF sets out the presumption in favour of sustainable development, which is the golden thread running through both plan-making and decision-taking. For plan-making this means that: • local planning authorities should development needs of their area;

positively

seek

opportunities

to

meet

the

• Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless: • any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or • specific policies in this Framework indicate development should be restricted.

3.3

Paragraph 16 states that the application of the presumption will have implications for how communities engage in neighbourhood planning. Critically, it will mean that neighbourhoods should: • develop plans that support the strategic development needs set out in Local Plans, including policies for housing and economic development; • plan positively to support local development, shaping and directing development in their area that is outside the strategic elements of the Local Plan; and • identify opportunities to use Neighbourhood Development Orders to enable developments that are consistent with their neighbourhood plan to proceed.

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3.4

Paragraph 17 identifies that within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decisiontaking. All of the principles set out (not repeated here for brevity) are relevant to the neighbourhood plan must be considered.

3.5

Paragraph 47 requires that to boost significantly the supply of housing, local planning authorities should: • use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period; • identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% (moved forward from later in the plan period) to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land; • identify a supply of specific, developable12 sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15; • for market and affordable housing, illustrate the expected rate of housing delivery through a housing trajectory for the plan period and set out a housing implementation strategy for the full range of housing describing how they will maintain delivery of a five-year supply of housing land to meet their housing target; and • set out their own approach to housing density to reflect local circumstances.

3.6

Paragraph 49 states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a fiveyear supply of deliverable housing sites.

3.7

Paragraph 156 requires local planning authorities to set out the strategic priorities for the area in the Local Plan. This should include strategic policies to deliver: • the homes and jobs needed in the area; • the provision of retail, leisure and other commercial development;

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• the provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat); • the provision of health, security, community and cultural infrastructure and other local facilities; and • climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape.

3.8

Paragraph 159 states that local planning authorities should have a clear understanding of housing needs in their area. They should: • prepare a Strategic Housing Market Assessment to assess their full housing needs, working with neighbouring authorities where housing market areas cross administrative boundaries. The Strategic Housing Market Assessment should identify the scale and mix of housing and the range of tenures that the local population is likely to need over the plan period which: •

meets household and population projections, taking account of migration and demographic change;

•

addresses the need for all types of housing, including affordable housing and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes); and

•

caters for housing demand and the scale of housing supply necessary to meet this demand;

• prepare a Strategic Housing Land Availability Assessment to establish realistic assumptions about the availability, suitability and the likely economic viability of land to meet the identified need for housing over the plan period.

3.9

Paragraph 184 states that Neighbourhood plans must be in general conformity with the strategic policies of the Local Plan. To facilitate this, local planning authorities should set out clearly their strategic policies for the area and ensure that an up-to-date Local Plan is in place as quickly as possible. [our emphasis]

3.10 Paragraph 198 sets out that where a Neighbourhood Development Order has been made, a planning application is not required for development that is within the terms of the order. Where

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a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted.

National Planning Practice Guidance (PPG) 3.11 The PPG was launched in March 2014. It replaced a number of practice guidance documents that were deleted when the PPG was published. 3.12 The Government’s guidance sets out the correct sequence of events in neighbourhood plan preparation set out at Paragraph: 080 Reference ID: 41-080-20140306 A summary of the key stages in neighbourhood planning which provides (so far as relevant) and subsequent PPG paragraphs: “Step 1: Designating neighbourhood area and if appropriate neighbourhood forum … Step 2: Preparing a draft neighbourhood plan or Order Qualifying body develops proposals (advised or assisted by the local planning authority) •gather baseline information and evidence •engage and consult those living and working in the neighbourhood area and those with an interest in or affected by the proposals (e.g. service providers) •talk to land owners and the development industry •identify and assess options •determine whether European Directives might apply •start to prepare proposals documents e.g. basic conditions statement Step 3: Pre-submission publicity & consultation The qualifying body:

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•publicises the draft plan or Order and invites representations •consults the consultation bodies as appropriate •sends a copy of the draft plan or Order to the local planning authority •where European Obligations apply, complies with relevant publicity and consultation requirements •considers consultation responses and amends plan / Order if appropriate •prepares consultation statement and other proposal documents”

Step 4: Submission of a neighbourhood plan or Order proposal to the local planning authority •Qualifying body submits the plan or Order proposal to the local planning authority •Local planning authority checks that submitted proposal complies with all relevant legislation •If the local planning authority finds that the plan or order meets the legal requirements it: ◦publicises the proposal for minimum 6 weeks and invites representations ◦notifies consultation bodies referred to in the consultation statement ◦appoints an independent examiner (with the agreement of the

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qualifying body)…”

3.13 Paragraph: 001 Reference ID: 41-001-20140306 What is neighbourhood planning? provides (so far as relevant): “…Neighbourhood planning provides a powerful set of tools for local people to ensure that they get the right types of development for their community where the ambition of the neighbourhood is aligned with the strategic needs and priorities of the wider local area.”

3.14 Paragraph: 003 Reference ID: 41-003-20140306 What are the benefits to a community of developing a neighbourhood plan or Order? provides: “…Neighbourhood planning provides the opportunity for communities to set out a positive vision for how they want their community to develop over the next ten, fifteen, twenty years in ways that meet identified local need and make sense for local people. They can put in place planning policies that will help deliver that vision or grant planning permission for the development they want to see….”

3.15 Paragraph: 004 Reference ID: 41-004-20140306 What should a Neighbourhood Plan

address?

provides: “…A neighbourhood plan should support the strategic development needs set out in the Local Plan and plan positively to support local development (as outlined in paragraph 16 of the National Planning Policy Framework.”

3.16 Paragraph: 007 Reference ID: 41-007-20140306 What weight can be attached to an emerging neighbourhood plan when determining planning applications? provides: “…The consultation statement submitted with the draft neighbourhood plan should reveal the quality and effectiveness of the consultation that has informed the plan proposals….”

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3.17 Paragraph: 009 Reference ID: 41-009-20140306 Can a Neighbourhood Plan come forward before an up-to-date Local Plan is in place? provides: “…Where a neighbourhood plan is brought forward before an up-to-date Local Plan is in place the qualifying body and the local planning authority should discuss and aim to agree the relationship between policies in: the emerging neighbourhood plan the emerging Local Plan the adopted development plan with appropriate regard to national policy and guidance. The local planning authority should take a proactive and positive approach, working collaboratively with a qualifying body particularly sharing evidence and seeking to resolve any issues to ensure the draft neighbourhood plan has the greatest chance of success at independent examination. The local planning authority should work with the qualifying body to produce complementary neighbourhood and Local Plans….”

3.18 Paragraph: 040 Reference ID: 41-040-20140306 What evidence is needed to support a neighbourhood plan or Order? provides: “While there are prescribed documents that must be submitted with a neighbourhood plan or Order there is no ‘tick box’ list of evidence required for neighbourhood planning. Proportionate, robust evidence should support the choices made and the approach taken. The evidence should be drawn upon to explain succinctly the intention and rationale of the policies in the draft neighbourhood plan or the proposals in an Order. A local planning authority should share relevant evidence, including that gathered to support its own plan-making, with a qualifying body. Further details of the type of evidence supporting a Local Plan can be found here Local Plan.”

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3.19 Paragraph: 041 Reference ID: 41-041-20140306 How should the policies in a neighbourhood plan be drafted? provides: “A policy in a neighbourhood plan should be clear and unambiguous. It should be drafted with sufficient clarity that a decision maker can apply it consistently and with confidence when determining planning applications. It should be concise, precise and supported by appropriate evidence. It should be distinct to reflect and respond to the unique characteristics and planning context of the specific neighbourhood area for which it has been prepared.”

3.20 Paragraph: 042 Reference ID: 41-042-20140306 Can a neighbourhood plan allocate sites for development? provides: “A neighbourhood plan can allocate sites for development. A qualifying body should carry out an appraisal of options and an assessment of individual sites against clearly identified criteria. Guidance on assessing sites and on viability can be found here and here.” [These link to PPG, Housing and economic land availability assessment and Viability]

3.21 Paragraph: 043 Reference ID: 41-043-20140306 What if a local planning authority is also intending to allocate sites in the same neighbourhood area? provides: “If a local planning authority is also intending to allocate sites in the same neighbourhood area the local planning authority should avoid duplicating planning processes that will apply to the neighbourhood area. It should work constructively with a qualifying body to enable a neighbourhood plan to make timely progress. A local planning authority should share evidence with those preparing the neighbourhood plan, in order for example, that every effort can be made to meet identified local need through the neighbourhood planning process.”

3.22 Paragraph: 047 Reference ID: 41-047-20140306 What is the role of the wider community in neighbourhood planning? provides: “A qualifying body should be inclusive and open in the preparation of its neighbourhood plan or Order and ensure that the wider community:

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is kept fully informed of what is being proposed is able to make their views known throughout the process has opportunities to be actively involved in shaping the emerging neighbourhood plan or Order is made aware of how their views have informed the draft neighbourhood plan or Order.”

3.23 Paragraph: 048 Reference ID: 41-048-20140306 Should other public bodies, landowners and the development industry be involved in preparing a draft neighbourhood plan or Order? provides: “A qualifying body must consult any of the consultation bodies whose interest it considers may be affected by the draft neighbourhood plan or Order proposal. The consultation bodies are set out in Schedule 1 to the Neighbourhood Planning (General) Regulations 2012 (as amended). Other public bodies, landowners and the development industry should be involved in preparing a draft neighbourhood plan or Order. By doing this qualifying bodies will be better placed to produce plans that provide for sustainable development which benefits the local community whilst avoiding placing unrealistic pressures on the cost and deliverability of that development.”

3.24 Paragraph: 051 Reference ID: 41-051-20140306 Is additional publicity or consultation required where European directives might apply? provides: “European directives, incorporated into UK law, may apply to a draft neighbourhood plan or Order. Where they do apply a qualifying body must make sure that it also complies with any specific publicity and consultation requirements set out in the relevant legislation. The local planning authority should provide advice on this. The legislation that may be of particular relevance to neighbourhood planning is: •the Environmental Assessment of Plans and Programmes Regulations 2004 (as amended) •the Conservation of Habitats and Species Regulations 2010 (as amended)

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•the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended) It may be appropriate, and in some cases a requirement, that the statutory environmental bodies English Heritage, the Environment Agency and Natural England be consulted.”

3.25 Paragraph: 053 Reference ID: 41-053-20140306 Does the local planning authority consider whether a neighbourhood plan or Order meets the basic conditions when a neighbourhood plan or Order is submitted to it? provides: “…The local planning authority should provide constructive comments on an emerging plan or Order before it is submitted.”

3.26 Paragraph: 066 Reference ID: 41-066-20140306 When should a qualifying body consider the basic conditions that a neighbourhood plan or Order needs to meet? provides: “Throughout the process of developing a neighbourhood plan or Order a qualifying body should consider how it will demonstrate that its neighbourhood plan or Order will meet the basic conditions that must be met if the plan or order is to be successful at independent examination. The basic conditions statement is likely to be the main way that a qualifying body can seek to demonstrate to the independent examiner that its draft neighbourhood plan or Order meets the basic conditions. A qualifying body is advised to discuss and share early drafts of its basic conditions statement with the local planning authority.”

3.27 Paragraph: 067 Reference ID: 41-067-20140306 What should a local planning authority do to assist a qualifying body in considering the basic conditions? provides: “A local planning authority should provide constructive comments on the emerging neighbourhood plan or Order proposal prior to submission and discuss the contents of any supporting documents, including the basic conditions statement. If a local planning authority considers that a draft neighbourhood plan or Order may fall short of meeting one or more of the basic conditions they should discuss their concerns with the qualifying body in order that these can be considered before the draft neighbourhood plan or Order is formally submitted to the local planning authority.”

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4. The Adopted Development Plan 4.1

Neighbourhood Plans must be in general conformity with the strategic policies of the wider local area. The NPPF is clear at paragraph 184 that to facilitate this, local planning authorities should set out clearly their strategic policies for the area and ensure that an up-to-date Local Plan is in place as quickly as possible (our emphasis).

4.2

Under the provisions of the Planning and Compulsory Purchase Act 2004, policies in the Congleton Borough Local Plan First Review (CBLPFR) (adopted 27th January 2005) were valid for a period of three years. Local Planning Authorities were invited by the Department for Communities and Local Government (DCLG) to make an application to the Secretary of State to issue a direction to save selected Local Plan policies beyond this 3-year period. The Secretary of State’s Direction came into effect on 27th January 2008 and accordingly all Local Plan policies not saved cease to have Development Plan status as of 27th January 2008.

4.3

The current CBLPFR cannot be considered to be ‘up-to-date’. The reasons for this are set out below: • The adopted Local Plan does not meet the full, objectively assessed need (OAN) for housing, as required by the NPPF. The housing requirement from the CBLPFR (3,800 dwellings for the period 1996 to 2011) was based upon the former Cheshire Structure Plan, which has long since been superseded (by the now revoked North West Regional Spatial Strategy (RSS)). It therefore cannot be given any weight. The North West RSS, which set a new housing requirement, was formally revoked on the 20th May 2013. Therefore there is no housing requirement in any part of the adopted development plan. The former Congleton borough now forms part of the Cheshire East Unitary Authority. However a Local Plan for Cheshire East is yet to be adopted, and the evidence of OAN points to a significantly higher housing requirement than that of the combined RSS requirement for the 3 former authorities that now makeup Cheshire East. Therefore the adopted Local Plan does not plan to meet any current housing requirement, let alone the full OAN. • The adopted Local Plan is time expired. The CBLPFR was adopted in 2005. The plan and its housing / employment land requirements only cover the period between 1996 and 2011. It therefore expired over 5 years ago. The settlement boundaries and consequently the definition of the countryside beyond it were designated to meet the former requirement to 2011 only. The plan should have been reviewed a great deal earlier than it already has.

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• The Council cannot demonstrate a 5 year housing land supply. This has been confirmed in multiple recent appeal decisions, and the Council has accepted this position in several recent committee reports.

4.4

A number of appeal decisions have demonstrated that additional housing is required outside of the existing settlement boundaries in Cheshire East, including in the former borough of Congleton, to meet development needs not planned for in the existing Local Plan.

4.5

In terms of housing distribution to Holmes Chapel, the adopted Local Plan indicates that 15% of development in the former Congleton Borough would be in the rural areas, which includes Holmes Chapel. However, the adopted Local Plan does not provide any specific allocations or policy. The adopted Local Plan therefore provides no strategic policy basis for the identification of a specific housing requirement for Holmes Chapel.

4.6

Consequently the adopted Local Plan is out-of-date and inconsistent with the NPPF.

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5. The Emerging Local Plan 5.1

Cheshire East Council is currently preparing a Local Plan containing two main DPDs. Firstly the Cheshire East Local Plan Strategy (LPS) will set out the overall vision and planning strategy for development in the Borough, including the housing requirement and distribution. It will also identify strategic sites and strategic locations for development. Following the adoption of the LPS, Cheshire East Council intends to produce a Site Allocations and Development Policies DPD.

5.2

The Submission Version of the Cheshire East LPS was published for consultation in March 2014. It proposed to provide an average of 27,000 dwellings for the period 2010-2030, with the annual requirement phased to gradually increase throughout the plan period.

5.3

In terms of Holmes Chapel, the Cheshire East LPS identifies Holmes Chapel as a Local Service Centre. There are 13 Local Service Centres in total (draft Policy PG2), and at the time the LPS was submitted, it was expected to accommodate in the order of 2,500 new homes (draft Policy PG6). The Cheshire East LPS does not propose any site allocations in Holmes Chapel (or any of the other Local Service Centres); the intention is for site allocations in the Local Service Centres to be dealt with by the Site Allocations DPD.

5.4

Following a series of examination hearing sessions in September and October 2014, the Local Plan Inspector found that the LPS as submitted was unsound in a number of respects. The Inspector raised a number of serious concerns, including shortcomings in the assessment of the OAN. The Inspector specifically identified that the proposed level of housing provision seems inadequate to ensure the success of the overall economic, employment and housing strategy. These conclusions aligned with the representations we made on behalf of Bloor Homes in 2014.

5.5

The examination was then suspended to allow the Council to undertake further work in respect of its OAN and Green Belt assessment. During the suspension, the Council prepared and submitted additional evidence to the examination in relation to these issues. In summary, the new evidence indicated that the OAN was 36,000 dwellings (i.e. 1,800 dwellings p.a.), not 27,000 as set out in the submission version. Following further hearing sessions to examine this additional evidence in September 2015, the Inspector confirmed that he was generally satisfied with the new evidence in December 2015, but that the evidence and the changes to the submitted version of the LPS would need to be consulted on.

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5.6

Most recently, the Council consulted on the proposed changes to the Local Plan Strategy in March and April 2016. The proposed changes included a proposed housing requirement of 36,000 dwellings and changes to draft policy PG6, which would now mean that 3,500 dwellings would be required across the 13 service centres, not 2,500 as set out in the submitted version. As with the submitted version of the plan, this did not disaggregate the 3,500 allocation across the 13 service centres. This will be addressed at the site allocations stage.

5.7

The Council is considering all of the representations made in March and April 2016. It will then submit the proposed changes to the LPS and the representations made to the Inspector. Additional hearing sessions to consider the proposed changes are currently scheduled to take place in September 2016.

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6. Response to the HCNP – Pre-submission Version Section 1: Introduction Neighbourhood Plan Boundary 6.1

Section 1.5 of the consultation document explains that the HCNP has been prepared based on the existing housing settlement boundary set out in the CBLPFR. As explained in section 4 of this statement above, the settlement boundaries of the CBLPFR were drawn within a completely different context to meet housing needs to 2011 based on an out of date structure plan requirement. As explained above in section 5 of this statement, CEC is preparing a new local plan.

6.2

Whilst settlement boundaries for Local Service Centres will be reviewed by CEC through the Site Allocations process, the HCNP may draw new settlement boundaries. However this can only be done where the development requirements for the settlement have been adopted in an up-todate plan, i.e. the CEC LPS. We note that the settlement boundary shown at Appendix 1 only updates the existing settlement boundary to allow for recent commitments. We support the recognition that the settlement boundaries will be reviewed in due course by CEC once the development requirements for Holmes Chapel have been identified.

6.3

Our representations conclude that the HCNP should consider allocating our client’s site at land to the south of Middlewich Road. Consequently, we recommend that the settlement boundary set out in figure 3 of the consultation document be amended to include our client’s site.

Comment [BB1]: Not accepted. No specific site allocations are being made.

Section 2: Our Village – Past, Present and Future Cheshire East Local Plan Settlement Hierarchy 6.4

Section 2.1.1 of the consultation document states that the draft CEC LPS identifies Holmes Chapel as a Local Service Centre. The description of a Local Service Centre in the evidence base for the CEC LPS is given as follows: “Smaller settlements with a limited range of services and opportunities for employment, retail and education. They serve a limited local catchment and contain a lower level of access to public transport”

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6.5

The description of the higher tier key service centre is given as follows: “Settlements with a range of services and opportunities for employment, retail and education, they serve a wide catchment area and contain good public transport links”.

6.6

Whilst we accept that the Local Plan Inspector has confirmed he is generally satisfied Holmes Chapel should remain as a Local Service Centre, this is of course only until the end of the LPS plan period in 2030. Given that Holmes Chapel already has a wide catchment area (the consultation document itself confirms that it serves Brereton, Cranage, Goostrey, Twemlow, Swettenham, Allostock, Lower Peover, Upper Peover, Somerford and Chelford) and good public transport links (unlike many of the other Local Service Centres, it has a mainline railway), in our view its status could be elevated to become a Key Service Centre before the end of the plan period. This should be recognised in the HCNP.

Comment [BB2]: Noted. HC status is an LSC and cannot be changed in the Plan.

Summary of key issues 6.7

Section 2.2 of the consultation sets out the key issues. It states that whilst there is a strong view expressed by most residents would not welcome further housing development, there is an understanding that there is a need to ensure the future of the settlement as a place to live retains its charm whilst meeting the needs of the future. Our client welcomes the following comments made in this section of the consultation document: • that there must be a balance between a growing and changing population affecting housing development, the need to provide employment opportunities and an infrastructure that will support it; • that part of the research has considered geographic locations for future housing, commercial and industrial development areas in years to come and that it is not just about housing numbers; and • that it is possible if there is clear evidence, then further housing and commercial / industrial development will be necessary.

Comment [BB3]: Noted and welcomes the support.

The vision for Holmes Chapel 6.8

Section 2.3 of the consultation document sets out the vision for Holmes Chapel. We consider that the vision should be amended to state “By 2030, Holmes Chapel will be a…”

Comment [BB4]: Not accepted. The vision covers the future and should not be limited to a date.

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Section 3: Neighbourhood Plan Policies Housing 6.9

Section 3.1 of the consultation document confirms that Holmes Chapel is classified as one of 13 Local Service Centres in the draft CEC LPS, which according to the proposed changes are expected to develop at least 3,500 dwellings between 2010 and 2030. Whilst figure 3 of appendix 2 shows a proposed method that may be used by CEC to allocate the number of houses in each of the 13 local service centres, the 3,500 figure will not be disaggregated until the site allocations process after the LPS has been adopted. Until that takes place and the methodology for doing so is consulted on, any proposed method for disaggregating the 3,500 figure carries limited weight. Indeed when considering the minimum housing requirement for each local service centre, a range of issues will need to be considered. The 13 Local Service Centres vary considerably in terms of size, services and facilities. In addition, many are included within the Green Belt or have other restrictions such as conservation areas. Consequently, the site allocations process is still some way off identifying the requirement for each Local Service Centre.

6.10 The consultation document states that planning permission has been granted for 599 dwellings since 2010, and assumes that this would be sufficient to meet the minimum housing requirement for Holmes Chapel once the 3,500 figure has been disaggregated down. However this is dependent upon an up-to-date requirement for Holmes Chapel being adopted. Until the requirement is established and adopted, it cannot be assumed that additional sites will not be required. 6.11 Notwithstanding the above, there is a general acceptance in the consultation document that there should not be a cap on housing development and Holmes Chapel may need to consider further development in the period 2020 to 2030, depending on social and economic circumstances or if a higher number of houses for Holmes Chapel through the CEC Local Plan. This acceptance is welcomed by our client.

Comment [BB5]: Noted

6.12 Paragraph 4 of this section then states that consideration has been given to possible future areas in the Parish where housing and other development could be considered dependent on substantial contributions towards infrastructure improvements. It states that the location of any further development would be better suited to the west of Holmes Chapel towards the M6 motorway junction 18 rather than to the east side of the Holmes Chapel, which is restricted by

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two narrow bridges and streets. Paragraph 4 continues by stating that the HCNP makes no specific provision or site allocation for development in the area west of the Parish.

Comment [BB6]: Noted

6.13 Given our client’s land interests in the western part of the parish, this paragraph is generally supported. We would however recommend that the HCNP considers allocating our client’s site. In addition to providing new housing, our client’s site is the only site which could reasonably

Comment [BB7]: Not accepted. No specific site allocations are being made.

assist in facilitating other policy aspirations of the HCNP, namely: • the potential expansion of Holmes Chapel Comprehensive School in accordance with policy CW2; • the potential start of a relief road connecting the A50 and A54 with junction 18 of the M6 in accordance with policy TT2; and • a new footpath to the east as shown in appendix 4 and in accordance with policy CE1. 6.14 It could also facilitate the following, which would be limited to sites close to junction 18 of the M6: • new industrial and commercial use (use classes B1, B2 and B8) close to junction 18 of the M6 in accordance with policy ES2; and • short and long-stay parking for car sharing and commuting near to the M6 junction 18.

Comment [BB8]: Noted

6.15 It is also important for the plan to recognise that CEC cannot demonstrate a five year housing land supply. The practical effect of this is further that all policies relevant to the supply of housing will be automatically out of date, by the operation of NPPF paragraphs 47 and 49. Paragraph 49 applies equally to Neighbourhood Plans as it does any other part of the development plan, as confirmed in a recent High Court Judgment (Woodcock Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2015] EWHC 1173 (Admin)). 6.16 The consultation document includes paragraph 8.34 of the draft CEC LPS. However, the proposed changes to the CEC LPS includes a number of changes to this paragraph as follows:

Comment [BB9]: Noted. Revised paragraph used in the final plan.

“In the other settlements and rural areas, the Local Plan Strategy approach is to support an appropriate level of small scale infill development that reflects the function and character of individual villages. Small scale growth may be appropriate where it supports the creation of stronger local communities and where a clear local need exists, which is not more appropriately met in a larger nearby settlement. Development will be restricted to locations well related to the built-up extent of these settlements. The identification of such

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

sites will achieved through the allocation of suitable sites and / or the designation of settlement boundaries is addressed as part of the Site Allocations and Development Policies Development Plan Document and / or in Neighbourhood Plans, where these come forward. Elsewhere, in order to reduce unsustainable sporadic development, new housing will be strictly controlled. In the case of Goostrey which adjoins Holmes Chapel, a larger Local Service Centre, it is anticipated that development needs will largely be provided for in Holmes Chapel. 6.17 Consequently, the proposed changed version of paragraph 8.34 should be included.

Policy HO1: Housing Type and Mix 6.18 Paragraph A. states that only where there is a clear justification of changing demographics or employment needs or a higher number of houses for Holmes Chapel within the final CEC LPS, further housing development for the period 2020 to 2030 beyond the housing number already approved will be supported. We recommend that this is amended to state that new development would also be supported to the west of the Parish where it would assist in facilitating other policy aspirations of the HCNP.

Comment [BB10]: The plan is not site specific.

6.19 Paragraph C. states that new homes of ten or more should be limited to one-third detached two or three storey properties, with the remainder being flats, bungalows, terraced or semidetached. Whilst we understand the reason why this is sought, larger family housing is usually provided on developments because of very high demand, particularly from families with children. This demand is partly driven by the national trend of older households remaining in larger houses, even when they no longer have dependents. New development creates churn in the housing market, meaning that households upsizing will free up smaller houses elsewhere.

Comment [BB11]: Research for the plan does not support this.

6.20 There must also be some recognition in the policy that new mixed use development, which is also going to deliver employment, 30% affordable housing in accordance with the CEC LPS, new starter homes once introduced into national policy, community benefits in terms of open space and infrastructure may not be able to provide lower proportions of detached houses. A mix of housing is supported, but the restriction put forward in this paragraph could render schemes with wider community benefits unviable. This paragraph should be amended.

Comment [BB12]: Not accepted. Each possible application would be considered on its merits

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

Policy HO3: Sustainable Development 6.21 Paragraph B. of this policy states that to mitigate the impact of a proposed development of new homes on the existing infrastructure and community, all developments of 10 dwellings or more, subject to viability must make a contribution towards the village infrastructure. Whilst our client does not object to providing contributions, where they are justified, planning obligations should only be sought where they meet all of the tests set out in paragraph 204 of the NPPF. This must be reflected in the policy to meet the basic conditions set out above.

Comment [BB13]: All policies will meet the NPPF basic conditions.

Policy HO4: Size, Scale and Density of New Developments 6.22 This policy states that proposals for developments greater than 10 dwellings outside the settlement boundary but within the boundary of the Holmes Chapel NP will only be supported if they are consistent with a series of criteria listed A-E. Criterion A is that new development needs to be consistent with the target housing supply for the period 2010 to 2030 set out in the draft CEC Local Plan. This appears to be at odds with the acceptance at the start of section 4 that a greater level of development may be required in the period 2020 to 2030, depending on social and economic circumstances. We consider this policy should be amended to reflect the fact that any housing requirement set by CEC for Holmes Chapel to 2030 will be a minimum requirement and not a cap on development. As with our comments to policy HO1, we also recommend that this is amended to state that new development would also be supported in order to assist facilitating other policy aspirations of the HCNP. 6.23 We re-iterate our concerns set out at paragraphs 6.1 to 6.3 of these representations, concerning the definition of the settlement boundary. Given that the boundary cannot be

Comment [BB14]: The policy is amended to reflect this and other comments.

properly

defined until the development requirements for the settlement are adopted, we are concerned that it is being applied in policy in advance of that process. 6.24 The inclusion of criterion E, which states that new residential development would only be supported to the west of the Parish, is supported.

Comment [BB15]: It is not possible to amend the settlement boundary beyond what has been included. Comment [BB16]: The policy has been amended to remove west of the plan area as this is too specific.

Policy CW2: Holmes Chapel Comprehensive School and 6th Form College 6.25 This policy states that sustainable developments, which provide for any required extension of the facilities at Holmes Chapel Comprehensive School will be supported.

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

6.26 Given our client’s land interests, it may be possible for our client to assist in facilitating the growth of the school as part of a mixed use development. We would welcome the opportunity to discuss the potential for this with the school and HCNP Steering Group.

Comment [BB17]: Noted

Policy CE1: Footpaths and Cycleways 6.27 We note that an additional footpath is proposed within our client’s land interests to the east as shown on the plan at appendix 4 of the consultation document. 6.28 Whilst we do not object in principle to a footpath in this location, but we would welcome the opportunity to discuss the potential for this footpath further with the HCNP Steering Group and also given its proximity to the school, with HCCS.

Comment [BB18]: Noted

Policy ES2: Encourage Greater Employment Opportunities 6.29 Paragraph B. states that proposals for new industrial and commercial use (use classes B1, B2 and B8) close to junction 18 of the M6 will be supported. Given our client’s land interests, it may be possible for some land adjacent to the motorway junction to be reserved for employment use as part of a wider mixed use scheme. We would welcome the opportunity to discuss this further with the HCNP Steering Group. 6.30 This policy should be amended to reflect that according to draft policy PS6 of the CEC LPS, the 13 Local Service Centres are expected to accommodate 7 ha of employment land between 2010 and 2030.

Comment [BB19]: Noted

Policy TT2: Congestion and Highway Safety 6.31 This policy states that proposals that will provide a ‘Relief Road’ from the junction with the M6 to the A50, A54 and A535, circumventing the centre of Holmes Chapel will be supported. 6.32 Given the location of our client’s land interests, it may be possible for a future proposal to include the start of a relief road, in accordance with this policy. Indeed, given the restrictions to the north of Holmes Chapel, our client’s site is the only one capable of assisting in facilitating the connection of a future relief road with the junction of the M6. 6.33 We do not object to this policy, and would welcome the opportunity to discuss this issue further with the HCNP steering group.

Comment [BB20]: Noted

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

Policy TT3: Parking 6.34 Paragraph D. of this policy states that proposals to provide short and long-stay parking for car sharing and commuting near to the M6 junction 18 will be supported as long as they are consistent with all other policies in the plan. 6.35 Given the location of our client’s land interests, it may be possible for a future proposal to include parking in accordance with this policy. 6.36 We do not object to this policy, and would welcome the opportunity to discuss this issue further with the HCNP steering group.

Comment [BB21]: Noted

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

7. Summary and Conclusions 7.1

In summary, our client’s position is as follows: • The absence of a cap on new housing development, recognition that further development may be required within the plan period to the west of the parish are supported; • In addition to providing new housing, our client’s site is the only site which could reasonably assist in facilitating other policy aspirations of the HCNP, namely: 

the potential expansion of Holmes Chapel Comprehensive School in accordance with policy CW2;



the potential start of a relief road connecting the A50 and A54 with junction 18 of the M6 in accordance with policy TT2; and



a new footpath to the east as shown in appendix 4 and in accordance with policy CE1.

It could also facilitate the following, which would be limited to sites close to junction 18 of the M6: 

new industrial and commercial use (use classes B1, B2 and B8) close to junction 18 of the M6 in accordance with policy ES2; and



short and long-stay parking for car sharing and commuting near to the M6 junction 18.

Consequently, the allocation of our client’s site should be considered and the settlement boundary amended accordingly. Alternatively, consideration should be given to amending policies HO1 and HO4 to state that new residential development would also be supported to the west of the Parish where it would assist in facilitating other policy aspirations of the HCNP; and • We would welcome the opportunity to meet with the HCNP steering group to discuss our client’s proposals further. 7.2

This concludes our representations. However should you require further information, please do not hesitate to contact us.

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Holmes Chapel Neighbourhood Plan – Pre-submission Version Land south of Middlewich Road, Holmes Chapel 10 June 2016

8. Appendices EP1.

Site location plan

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EP1

Land South of Middlewich Road, Holmes Chapel

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