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LOCAL PLAN (PART ONE) STRATEGIC POLICIES EXAMINATION

MATTER 1 SUPPLEMENTARY INFORMATION

June 2014 The following additional information has been provided by West and Council in response to representations made relating to Matter 1: The Duty to Co-operate. The correspondence included within this additional information is intended to provide further detail relating to the Council’s correspondence with the following bodies:

Cheshire East Council

English Heritage

Flintshire Council

Halton Borough Council

Highways Agency

Knowsley Borough Council

Shropshire Council

Natural

Warrington Borough Council

Wrexham County Borough Council

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Mr Stuart Penny CH1 2HS Planning Policy Manager 01244 973887 Westfields www.cheshirewestandchester.gov.uk Road CW11 1HZ

our reference your reference: please ask for: date: Duncan McCorquodale 14 October 2013 Tel: 01244 973104 Email:[email protected]

Dear Stuart,

CHESHIRE WEST AND CHESTER LOCAL PLAN – DUTY TO COOPERATE

Further to our recent meeting Cheshire West and Chester Council has published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked with and informed Cheshire East Council during the preparation of the Local Plan. Examples of co-operation and consultation include:

Meetings held between planning policy officers (Cheshire East and ) on 12 November 2012, 22 January 2013, 5 March 2013 and 7 October 2013 where issues discussed included:

12 November 2012 Working with the Local Enterprise Partnership in the light of proposals for sub- regional evidence base. Green Belt – discussed latest approaches to Green belt reviews in Cheshire East and Cheshire West. Middlewich – linkages with proposals in and potential need to pursue transport improvements between Winsford and M6 (via Middlewich). Gypsy and Traveller Accommodation – noting the brief being developed for joint GTAA (including Cheshire East, Cheshire West, Halton and Warrington).

Minerals and Waste – considered future possibility of some joint working between Cheshire East and Cheshire West. Landscape Character – Cheshire East undertaking some borough wide work. Cheshire West also looking to commission some work in early 2013.

22 January 2013 Working with the Local Enterprise Partnership in the light of proposals for sub- regional evidence base. Green Belt – not considered to be any strategic / cross boundary issues in latest Core Strategy work. Middlewich – meeting needed as soon as possible between Cheshire East and Cheshire West to discuss growth and cross boundary issues. Gypsy and Traveller Accommodation – brief for joint GTAA awaiting sign off Minerals and Waste – further discussion on possibility of some joint working using resources currently in place at Cheshire West. Update on Winsford Neighbourhood Plan consultation which had recently closed. HS2 – announcement imminent with associated route North of Birmingham.

5 March 2013 Discussion of how Middlewich should be treated in both Local Plans given its location at the boundary of the two authorities. Improvements to west-east links through Winsford discussed Sources of funding for future schemes discussed Approach to waste planning in each Local Plan discussed CWAC re-iterated that comments had been made through the consultation on the development strategy that if CE approach to waste planning was to look to use facilities in Cheshire West then this needs to be discussed formally Both authorities need to be aware of findings in each others HRA documents. CWAC have made HRA consultants aware of CE document which will be taken into account in the preparation of the HRA for the Publication Draft Plan.

7 October 2013

Middlewich – discussion of policy approach set out in Cheshire West Publication Draft Local Plan noting further work to be undertaken to inform policy that would feature in Local Plan (Part 2) in due course.

Noted progress on Gypsy and Traveller Assessment evidence base. Waste management issues discussed between Cheshire West and Cheshire East. Cheshire West’s set out position that the Publication Draft plan is seeking to ensure the borough meets its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements. Agreed that Cheshire East will need to ensure that they are satisfied that they can develop a policy approach in their plan to reflect the position of Cheshire West. Housing/economic issues touched on latest position on housing land supply and general observations on meeting objectively assessed need.

Consultation letters were sent out to your organisation at the following key stages of preparation of the Local Plan:

o Core Strategy Topic Papers o Issues and Options o Development Options o Preferred Policy Directions o Draft Publication Plan consultation

We have used the comments you submitted to us previously to inform relevant planning policy.

Specific meetings with Cheshire East were held to discuss minerals and waste policy matters on 17 November 2010, 13 March 2013 and 21 May 2013. In addition, duty to cooperate matters were discussed at the North West Waste Network meetings on 30 January 2013, 22 May 2013 and 25 September 2013. Moreover, meetings have taken place between the two authorities on matters pertaining to Middlewich on 26 June 2012 and 5 March 2013.

Please confirm whether you agree with the evidence listed above and let us know if you have any information to add to the list.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your organisation. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been resolved How remaining issues are being dealt with Proposed Housing Evidence base that supports the Figures (22,000 from Publication Draft Local Plan sets 2010-2030) – ensuring out rationale that Cheshire West no impact in terms of and Chester has undertaken an housing requirements for objectively assessment of housing Cheshire East need in the borough and consequently has no need to rely on Cheshire East to meet any of Cheshire West and Chester’s housing requirement. Proposed Employment Evidence base that supports the Allocations (including Publication Draft Local Plan sets Strategic Road Network – out rationale that Cheshire West employment allocations and Chester has undertaken to in Winsford and impact assess employment requirements on A54) and allocations in the borough and consequently has no need to rely on Cheshire East to meet any of Cheshire West and Chester’s employment requirement. Green Belt Review Focussed review on Chester – linked into general requirement for housing (see first row of this table) and therefore no impact upon Cheshire East. Middlewich Policy STRAT7 in Cheshire West Further detail will be and Chester Publication Draft developed through joint Local Plan sets out approach. working to feed into Cheshire East does not rely on Cheshire West and Cheshire West and Chester to Chester Local Plan (Part deliver any objectively assessed 2) where evidence is housing need or employment forthcoming to justify allocation in its emerging Local covering potential Plan. allocations and associated detailed

policies. Minerals and Waste See paragraphs set out in this Planning letter below. Gypsy and Traveller Policy SOC4 sets out approach to Further detail will be Requirements providing Gypsy and Traveller forthcoming from Accommodation. Cheshire West updated evidence base and Chester have collaborated (GTAA) that will inform with Cheshire East and other local Cheshire West and authorities on a joint evidence Chester Local Plan (Part base. 2).

Please confirm whether you agree with the contents of the table and whether you have any suggested amendments or additions.

We recognise minerals and waste matters as strategic issues for the two authorities. Liaison has taken place on these matters at the Duty to Co-operate meeting held and the North West Waste Network Meetings (formerly the North West Regional Technical Advisory Body for Waste) and the North West Aggregate Working Party. We do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time. Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester West and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements. We would be grateful if you could inform us whether the aims as set out generally above or more specifically in the emerging Policies ENV 8 and ENV9 in the Local Plan (Part One) give rise to any effects on facilities within Cheshire East or has any impact on existing waste and minerals policies.

Current consultation

The Draft Local Plan is being published for an eight week period which began on Friday 6 September and ends at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

D W McCorquodale

Duncan McCorquodale Local Plan Manager

From: ASPINALL, Charlotte [mailto:[email protected]] Sent: 28 November 2013 09:34 To: Hrycan, Emily Subject: Cheshire West and Chester - Duty to Co-operate

Morning Emily,

It was good to meet with you yesterday.

As discussed, please find attached a copy of the Duty to Cooperate letter. I have inserted some text in the table relating to the strategic issue which we discussed and would be very grateful if you could confirm that you agree with the content so we can complete our Duty to Cooperate Statement today.

For completeness I also attach the meeting log.

I look forward to hearing from you.

Kind regards

Charlotte

Charlotte Aspinall Senior Planning Officer - LDF Team Growth and Prosperity Cheshire West and Chester Council

Tel: 01244 973183 Email: [email protected] Location: Spatial Planning, 2nd Floor, The Forum Offices, Chester, CH1 2HS Visit: cheshirewestandchester.gov.uk

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Portico: your gateway to information on sites in the National Heritage Collection; have a look and tell us what you think. http://www.english-heritage.org.uk/professional/archives-and-collections/portico/ English Heritage - Meeting Log

Local Plan Preparation (Part One) Strategic Policies Date In attendance from In attendance Meeting Title and Location Issues Discussed Council from EA Sept 2009 Phill Bamford, Judith Nelson English Heritage Liaison Initial advise on the preparation of the Core Strategy and Charlotte Aspinall Meeting issues to address 19/11/2009 Phill Bamford, Judith Nelson English Heritage Liaison Issue and Options to address within the Core Strategy for the Charlotte Aspinall Meeting historic environment. Requirements of national policy. 23/06/2012 Charlotte Aspinall, Judith Nelson English Heritage Liaison Emerging Local Plan policy for the historic environment. Linda Sharp, Mike Meeting Requirements of national policy. Suggested amendments to Morris, Nick wording and issues to include within the policy. Grimshaw 23/06/2012 Charlotte Aspinall, Judith Nelson Chester Green Belt Study Methodology for the Green Belt Study, impact on the historic Beth Fletcher, Joy core of Chester. Site visit of the 10 parcels of Green Belt land Gill identified within the study. 05/02/2013 Charlotte Aspinall, Judith Nelson English Heritage Liaison Emerging Local Plan policy for the historic environment. Linda Sharp, John Meeting Requirements of national policy. Suggested amendments to Healy, Mike Morris, wording and issues to include within the policy. Jill Collens

Document Subject to Consultation Date response English Heritage Officer received Core Strategy Issues & Options 04/04/2008 Judith Nelson CWaC Statement of Community Involvement 24/02/2009 Judith Nelson SHLAA – Draft Methodology 11/09/2009 Judith Nelson Draft SA Scoping Report for Core Strategy 11/11/2009 Judith Nelson Core Strategy Issues and Options 11/01/2010 Judith Nelson Preferred Policy Directions 12/11/2012 Judith Nelson

Chester Historic Character Assessment – Local Plan Evidence Base Document

Date In attendance from In attendance Meeting Title and Location Issues Discussed Council from EH 01/11/2010 Phill Bamford, Judith Chester Historic Character Steering Group meeting with Taylor Young, CWaC Officers and Charlotte Aspinall, Nelson/Anna Assessment Steering Group – EH – included discussion regarding links with emerging 06/01/2011 John Healey and Boxer Hall, Chester planning policy Development 10/02/2011 Management

10/03/2011

14/04/2011

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Andy Roberts CH1 2HS Head of Planning Policy Environment Directorate 01244 973140 Flintshire County Council County Hall, www.cheshirewestandchester.gov.uk Mold Flintshire CH7 6NF

our reference your reference: please ask for: date: DTCFCC Gill Smith 5th November 2013

Dear Andy,

Duty to cooperate Cheshire West and Chester

Cheshire West and Chester Council published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period beginning Friday 6 September and ending at 5pm on Friday 1 November 2013. You will have received a separate communication inviting comments on the publication plan. A meeting was held between Cheshire West and Chester Council, Flintshire County Council, Wrexham County Borough Council and TAITH during the consultation period. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council have worked closely with Flintshire County Council during preparation of the Local Plan. Examples of co-operation and consultation include:

Meetings with Flintshire

Date Location Attending 22/09/2010 Chester CWAC Transport Strategy, Spatial Planning: FCC Highways, FCC Planning Policy 22/09/2011 Mold CWAC Transport Strategy, Spatial Planning: TAITH; FCC Highways,

FCC Planning Policy 15/09/2012 Chester CWAC Transport Strategy, Spatial Planning: TAITH; FCC Highways, FCC Planning Policy 09/04/2013 Mold CWAC Transport Strategy, Spatial Planning: TAITH; FCC Highways, FCC Planning Policy 22/10/1013 Chester Joint meeting with Cheshire West and Chester Planners and Transport; Flintshire CC Planners and Wrexham CBC Planners and Highways.

Consultation letters were sent out to Flintshire County Council at the following key stages of preparation of the Local Plan. Flintshire did not make any representations to the Local Plan at the following stages.

o Issues and Options o Development Options o Preferred Policy Directions o Publication draft plan

Whilst co-operation between the authorities has taken place there is no mechanism to prepare any joint-plans given the different planning systems that operate in Wales and England.

Separate meetings have been held with the North Wales Mineral and Waste Planning Service on 16 June 2011 and 26 March 2013 to discuss cross border mineral and waste planning policy issues.

The Mersey Dee Alliance (MDA) is a partnership that supports strategic economic activity spanning the North Wales/ border. Its geographical area of focus is North East Wales, West Cheshire and Wirral. Cheshire West is the accountable body for the partnership that includes higher education institutions as well as Flintshire CC, Wrexham CBC, TAITH (North East Wales Regional Transport Consortia) and Merseytravel.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your local authority. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been How remaining issues

resolved are being dealt with Policy context of Wales The Mersey Dee Alliance No remaining issues. Spatial Plan and (MDA) was recognised emerging City Regions as a key body for cross- agenda. Recognition of boundary working. economic cross-border Ensured that the role of relationship. planning policy to facilitate growth and development was raised with key Members and officers of the MDA. Levels of development Flintshire supportive of No remaining issues. levels of development in borough and Chester in particular. Recognised CWAC plan seeks to meet its own housing needs within the Borough. Location of development During the Green Belt No remaining issues. and Green Belt review in review CWAC took the Chester approach to look at the Flintshire area bordering Chester. It was noted this was Green Barrier in the Flintshire UDP and the UDP Inspector had not supported development on this land or removal from the Green Barrier. ARUP through their Green Belt review report identified the land was at significant risk of flooding. Options within Chester West for Green Belt release not in flood risk areas were available. Flintshire are at an early stage of Local Development Plan preparation. Strategic Transport Discussion over major No remaining issues.

Improvements schemes that have impacts cross-border. Improvements to double the rail line between Chester and Wrexham; the North East Wales Area Based Transport Strategy (A55 / A494 improvements).

Schemes have been taken account of in the Plan and through transport modelling work for CWAC. Chester Transport Emergence of potential CWAC identified this was Strategy new route for the Chester not being proposed Western Relief Road through the Local Plan. It running through was out forward as an Flintshire. option through the Chester Transport Flintshire had identified Strategy. It was intended that they wished the to stimulate discussion as Transport Strategy to to whether there could be become a wider piece of economic and transport work to take account of benefits to Flintshire to the travel to work area. look at an alternative route. Flintshire CC has made representations to the Transport Strategy.

In addition to the above we recognise minerals and waste matters as strategic issues for the two authorities. Liaison has taken place on these matters has taken place with the North Wales Minerals and Waste Shared Service. We do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time.

Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester west and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements.

A draft of this letter was discussed at the meeting on the 22nd October but I would be grateful if you could confirm you are happy with the contents of this letter and we have appropriately dealt with strategic issues between the authorities.

Yours sincerely

Gill Smith

Principal Planning Officer

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Alasdair Cross CH1 2HS Principal Officer 01244 973887 Planning & Transport Strategy www.cheshirewestandchester.gov.uk Municipal Building Kingsway

WA8 7QF

our reference your reference: please ask for: date: Catherine Morgetroyd 10 October 2013 Tel: 01244 973804 Email: [email protected]

Dear Alasdair,

Cheshire West and Chester Local Plan - Duty to Cooperate

Cheshire West and Chester Council is publishing its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked closely with Halton Borough Council during preparation of the Local Plan. Examples of co-operation and consultation include:

Meetings held between planning policy officers at Cheshire West and Chester Council and Halton Borough Council. For example, meeting held between planning policy officers on 28 September 2012 to discuss progress with the Local Plan, shared evidence base and potential strategic matters relating to the duty to co-operate. Meeting held between planning policy officers, transport officers and Merseytravel on 16 December 2009 to discuss progress with the Local Development Framework, city region connectivity, rail issues, access to Airport / Halton Curve and progress with the Mersey Gateway.

Regular meetings of the North West Waste Network (formerly RTAB) and North West Aggregate Working Party at which your organisation has been represented by the Environmental Advisory Service. Involvement in joint working groups / bodies, including joint working between Cheshire West and Chester, Halton, Cheshire East and Warrington with regard to Gypsies and Travellers and production of the Gypsies and Travellers Accommodation Needs Assessment. Work on joint documents such as the Liverpool City Region Overview Study, which identified housing and employment needs and provision in each area and opportunities for neighbouring authorities to deal with any shortfall. Also involvement in the Mersey Ports Masterplan, which includes sites in Cheshire West and Chester and Halton and the Cheshire Historic Landscape Characterisation Study (2007). Consultation letters were sent out to the local authority at the following key stages of preparation of the Local Plan: o Topic Papers consultation. o Issues and Options stage. o Development Options stage. o Preferred Policy Directions stage. o Local Plan Publication Draft. Consultation letters were also sent out to Merseyside Environmental Advisory Service at the following key stages of preparation of the Local Plan: o Issues and Options stage. o Development Options stage. o Preferred Policy Directions stage. o Local Plan Publication Draft.

Please confirm whether you agree with the evidence listed above and let us know if you have any other examples to add to the list.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your organisation. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been How remaining issues resolved are being dealt with Travel to work areas, Relatively small flows in No remaining issues. commuting and the impact terms of commuting with of proposed levels of some commuting from the housing and employment north and east of the borough development, including to Halton and lower flows major developments close back in. The proposed levels

to Borough boundaries. of housing and employment development in the Local Plan Publication Draft should enable Cheshire West and Chester to meet its own needs and therefore has the potential to reduce commuting. Housing demand and Some migration between No remaining issues. supply and implications of northern villages in Cheshire proposed housing West and Chester and developments and Halton. However, the allocations, including Green Strategic Housing Market Belt review. Assessment for Cheshire West and Chester identifies that the housing market in Cheshire West and Chester is relatively self contained. The Local Plan Publication Draft will help to meet the needs identified in the Strategic Housing Market Assessment and it these requirements will not need to be met in Halton. Gypsies and Travellers There is already joint working No remaining issues. on this issue and both Joint working in relation to authorities are aiming to Gypsies and Travellers meet their own needs. will continue. Strategic road network Junctions 11 and 12 of the No remaining issues. (M56) and Mersey Gateway M56 are currently under stress and this could increase as a result of the Mersey Gateway scheme. The Pinch Point programme identified potential schemes and the Highways Agency is proposing to undertake improvements to Junction 11. Junction 12 should be improved as part of the Mersey Gateway scheme. The proposals in the Cheshire West and Chester Local Plan Publication Draft are not anticipated to result in a significant additional impact

on the M56 or on Junction 11 or 12 and the Highways Agency have not raised any issues relating to this. Mersey Ports / Both authorities are generally No remaining issues. Ship Canal supportive of the proposals for Mersey Ports and Manchester Ship Canal. Mersey Estuary SPA / Both authorities have the The Cheshire West and Ramsar potential to impact on the Cheshire Local Plan Mersey Estuary SPA / Habitats Regulations Ramsar site. However, the Assessment Screening Habitats Regulations (June 2013) states that Assessment work undertaken Merseyside on both plans does not flag Environmental Advisory up any issues relating to in- Service have been tasked combination effects on the by the Merseyside Mersey Estuary, for example authorities with in terms of visitor pressure or investigating the water quality. recreational pressure issue further and advising on the appropriate next steps and they have expressed a willingness to work with Cheshire West and Chester Council to provide a unified investigation of any issues.

Please confirm whether you agree with the contents of the table and whether you have any suggested amendments or additions.

In addition to the above we recognise minerals and waste matters as strategic issues for the two authorities. Liaison has taken place on these matters at the North West Waste Network Meetings (formerly the North West Regional Technical Advisory Body for Waste) and the North West Aggregate Working Party. We do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time.

Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester west and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements.

We would be grateful if you could inform us whether the aims as set out generally above or more specifically in the emerging Policies ENV 8 and ENV9 in the Local Plan (Part One) give rise to any effects on facilities within Halton or has any impact on existing waste and minerals policies.

Current consultation

The Draft Local Plan is being published for an eight week period ending at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

Catherine Morgetroyd Principal Planning Officer

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Simon Clarke CH1 2HS Highways Agency 01244 973887 Piccadilly Gate Store Street www.cheshirewestandchester.gov.uk MANCHESTER M1 2WD

our reference your reference: please ask for: date: Mark Allen 9 October 2013 Tel: 01244 973592 Email: [email protected]

Dear Simon,

CHESHIRE WEST AND CHESTER LOCAL PLAN – DUTY TO COOPERATE

Cheshire West and Chester Council has published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked with and informed the Highways Agency during preparation of the Local Plan. Examples of co-operation and consultation include: Meetings held with you, most recently on 26 February 2013, 14 November 2012, 3 October 2012 and 24 January 2012, where strategic road network issues in the Borough were discussed and resolved where possible. Joint working groups / bodies, including liaison with the Council’s Planning and Transport departments. Documents such as the Local Transport Plan and Infrastructure Delivery Plan have been prepared with your input and support and have formed part of the evidence base for preparation of the Local Plan. Consultation letters were sent out to your organisation at the following key stages of preparation of the Local Plan: o Issues and Options o Preferred Policy Directions o Draft Publication Plan consultation

Your responses have been used to inform relevant planning policy within the Draft Local Plan.

Please confirm whether you agree with the evidence listed above and let us know if you have any other examples to add to the list.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your organisation. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been How remaining issues resolved are being dealt with M56 Chester – Proposed levels of No remaining issues , capacity of development incorporated this motorway and into ongoing Transport junction with M53 Modelling work and future capacity improvement schemes M53 – Proposed levels of No remaining issues capacity of this motorway development incorporated corridor into ongoing Transport Modelling work and future capacity improvement schemes A55 Chester, capacity Proposed levels of No remaining issues around Chester and the development incorporated junction with the A483 into ongoing Transport Modelling work and future schemes including A483/A55 junction improvement. A556 / M6 – Proposed levels of No remaining issues and Winsford development incorporated into ongoing Transport Modelling work and future schemes, including A556 to Bowdon improvement scheme.

Please confirm whether you agree with the contents of the table and whether you have any suggested amendments or additions.

Current consultation

The Draft Local Plan is being published for an eight week period which began on Friday 6 September and ends at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

Mark Allen Senior Planner

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Jonathan Clarke CH1 2HS Policy Manager 01244 973887 Places and Neighbourhoods Knowsley Council www.cheshirewestandchester.gov.uk First Floor Annexe Municipal Buildings Archway Road

L36 9YU

our reference your reference: please ask for: date: Catherine Morgetroyd 10 October 2013 Tel: 01244 973804 Email: [email protected]

Dear Jonathan,

Cheshire West and Chester Local Plan - Duty to Cooperate

Cheshire West and Chester Council is publishing its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked with Knowsley Council during preparation of the Local Plan. Examples of co-operation and consultation include:

Regular meetings of the North West Waste Network (formerly RTAB) and North West Aggregate Working Party at which your organisation has been represented by the Merseyside Environmental Advisory Service. Work on joint documents such as the Liverpool City Region Overview Study, which identified housing and employment needs and provision in each area and opportunities for neighbouring authorities to deal with any shortfall. A consultation letter has been sent out to the local authority at Local Plan Publication Draft stge.

Consultation letters were also sent out to Merseyside Environmental Advisory Service at the following key stages of preparation of the Local Plan: o Issues and Options stage. o Development Options stage. o Preferred Policy Directions stage. o Local Plan Publication Draft.

Please confirm whether you agree with the evidence listed above and let us know if you have any other examples to add to the list.

Strategic, cross-boundary issues

As part of the Council’s duty to co-operate we are required to ensure that we have co- operated with relevant authorities on any key, strategic, cross-boundary issues that are considered to be relevant to your local authority. Based on the policies within the Draft Local Plan (Part One) Strategic Policies document, and the absence of any previous issues raised by your local authority at previous stages in its development, it is not considered that any such issues exist.

Please confirm whether you agree and whether you have any suggested additions.

In addition to the above we recognise minerals and waste matters as strategic issues for the two authorities. Liaison has taken place on these matters at the North West Waste Network Meetings (formerly the North West Regional Technical Advisory Body for Waste) and the North West Aggregate Working Party. We do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time.

Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester west and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach

recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements.

We would be grateful if you could inform us whether the aims as set out generally above or more specifically in the emerging Policies ENV 8 and ENV9 in the Local Plan (Part One) give rise to any effects on facilities within Knowsley Council or has any impact on existing waste and minerals policies.

Current consultation

The Draft Local Plan is being published for an eight week period ending at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

Catherine Morgetroyd Principal Planning Officer

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Mr Andy Mortimer CH1 2HS Development Services 01244 973887 Council Shire Hall www.cheshirewestandchester.gov.uk Abbey Foregate Shrewsbury Shropshire SY2 6ND

our reference your reference: please ask for: date: Linda Sharp 10 October 2013 Tel: 01244 973783 Email: [email protected]

Dear Andy,

CHESHIRE WEST AND CHESTER LOCAL PLAN – DUTY TO COOPERATE

Further to our recent telephone conversation Cheshire West and Chester Council has published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked with and informed during preparation of the Local Plan. Examples of co-operation and consultation include:

Meetings held between planning policy officers on 11 October 2012 where issues including:

Travel to works areas, commuting and impact of proposed levels of housing and employment, Migration and housing demand and supply Joint aims, Community Infrastructure Levy were discussed and resolved where possible.

Consultation letters were sent out to your organisation at the following key stages of preparation of the Local Plan: o Issues and Options o Preferred Policy Directions o Draft Publication Plan consultation We have used the comments you submitted to us previously to inform relevant planning policy.

A meeting was held on 6 March 2013 to discuss minerals and waste policy matters.

Please confirm whether you agree with the evidence listed above and let us know if you have any other examples to add to the list.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your organisation. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been resolved How remaining issues are being dealt with Travel to work areas, Keep neighbouring authority No remaining issues commuting and impact of updated on any major schemes proposed levels of close the authority boundary or housing and employment within Shrewsbury or Chester that development. might have an impact on the other area. Joint aims: Cross boundary impacts generally No remaining issues Improving rail service restricted to southern end of between Chester and CWAC and northern part of Shrewsbury. Shropshire only, but some links beyond Chester and Shrewsbury. Supporting tourism along Support to joint aims such as the Shropshire Union improving rail service between Canal. Chester and Shrewsbury; supporting tourism along the Protecting environmental Shropshire Union Canal; protecting networks. environmental networks – corridors of wildlife movement .

Please confirm whether you agree with the contents of the table and whether you have any suggested amendments or additions.

In addition we recognise minerals and waste matters as strategic issues for the two authorities. However we do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time. Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and

gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester west and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements.

We would be grateful if you could inform us whether the aims as set out generally above or more specifically in the emerging Policies ENV 8 and ENV9 in the Local Plan (Part One) give rise to any effects on facilities within Shropshire or has any impact on existing waste and minerals policies.

Current consultation

The Draft Local Plan is being published for an eight week period which began on Friday 6 September and ends at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

Linda Sharp Principal Planning Officer

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Kate Wheeler, CH1 2HS Lead Adviser, 01244 973887 Natural England, Land Use Operations Team, www.cheshirewestandchester.gov.uk 3rd Floor, Bridgewater house, 60 Whitworth Street, Manchester,

M1 6LT.

our reference your reference: please ask for: date: Linda Sharp 17 October 2013 Tel: 01244 973783 Email: [email protected]

Dear Kate

CHESHIRE WEST AND CHESTER LOCAL PLAN – DUTY TO COOPERATE

Cheshire West and Chester Council has published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked with and informed England Nature during preparation of the Local Plan. Examples of co-operation and consultation include:

Consultation letters were sent out to your organisation at the following key stages of preparation of the Local Plan: o Issues and Options o Preferred Policy Directions o Draft Publication Plan consultation We have used the comments you submitted to us previously to inform relevant planning policy.

Please confirm whether you agree with the evidence listed above and let us know if you have any other examples to add to the list.

Strategic issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your organisation. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been resolved How remaining issues are being dealt with Potential impacts of plan Article 6 of the Habitats Directive 1992 No remaining issues. proposals on Natura 2000 states “Any plan or project not directly sites (Special Areas of connected with or necessary to the Conservation, SACs, Special management of the site but likely to have Protection Areas, SPAs) a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.” Cheshire West and Chester have carried out a Habitats Regulation assessment of the potential effects of the Local Plan and high level objectives on the Natura 2000 network and Ramsar Sites. The HRA has identified that the Cheshire West & Chester Local Plan can be screened out as not leading to a likely significant effect on European sites. It is considered that the Cheshire West & Chester Local Plan comprises a sufficient policy framework to enable the subsequent delivery of necessary measures to avoid or mitigate adverse effects on the integrity of European sites. Potential significant The Local Plan has been subject to an No remaining issues. environmental, social and iterative Sustainability Appraisal process economic effects of the plan since its preparation began. The results both within and outside the of the assessment published at key plan area. stages in the plan preparation. The methodology incorporates the requirements of the Strategic Environmental Assessment Directive; Health Impact Assessment and Equality Analysis. This assesses the significant environmental, social and economic effects of the plan within and outside the plan area and how these will be addressed or mitigated by the policy framework. The results of the

Sustainability Appraisal have directly influenced the Plan. It has assisted in choosing the options for policies, has recommended changes to and additions to policy working and set out mitigation and enhancement measures at each stage to improve the policy framework.

Please confirm whether you agree with the contents of the table and whether you have any suggested amendments or additions.

Current consultation

The Draft Local Plan is being published for an eight week period which began on Friday 6 September and ends at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

Linda Sharp Principal Planning Officer

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Kate Wheeler CH1 2HS Consultation Services Hornbeam House 01244 973887 Scott House www.cheshirewestandchester.gov.uk Electra Way

Crewe Business Park CW1 6GL

our reference your reference: please ask for: date: Louise Hilder 19 November 2013 01244 975913 louise.hilder@ cheshirewestandchester.gov.uk

Dear Kate,

Cheshire West and Chester – Publication Draft

I am writing in relation to Natural England’s comments, dated 30th October 2013, on the Cheshire West and Chester Publication Draft Local Plan Part 1: Strategic Policies on the Habitats Regulation Assessment. This letter has been prepared in consultation with URS Infrastructure and Environment UK Limited who have prepared the Habitats Regulation Assessment (HRA) report for Cheshire West and Chester Council on the Local Plan Part 1: Strategic Policies.

We have a number of comments to make in response to Natural England’s stance in relation to water quality.

Firstly, there is a matter of consistency. The approach recommended in the HRA for Cheshire West & Chester (i.e. a policy ensuring that adequate treatment infrastructure is in place before housing within that catchment is delivered) is identical to that which is being undertaken in the Core Strategies and Local Plans of all the Merseyside Authorities (which relate to most of the same European sites as Cheshire West & Chester). Natural England has not previously objected to this approach for any of those authorities and you did not raise any objections on this issue in previous rounds of consultation on the Cheshire West & Chester Local Plan Part One.

Secondly, clarification is provided on the point being made in relation to deterioration of water quality and the deliverability of housing sites as we feel that there is confusion on those matters.

You have stated in your letter that “there is a tension within the HRA if it assumes either that the sewerage undertaker can simply accept any associated increases in wastewater irrespective of limitations in capacity, or that such capacity issues can simply be resolved by EA consenting options which avoid adverse effects on European sites”. However, the HRA does not make such an assumption. In relation to whether or not a likely significant effect on any European site will result

from the plan, the Habitats Regulation Assessment has advocated the Council’s policy which ensures that new housing will not be delivered unless the necessary infrastructure/capacity is available. This will ensure that the Council does not consent planning applications for new housing if the receiving STWs are unable to deal with it within the headroom of their post-Review of Consents.. This would protect the European sites as the housing won’t be there to result in consents being exceeded. Whilst that may result in questions over deliverability of the Council’s full housing targets it is not clear why this should be a concern for Natural England in commenting on the HRA.

Your response then goes to state that “we would strongly recommend that the HRA needs to identify the quantum of development within each wastewater treatment works catchment and demonstrates the basis upon which it is reasonable to assume that reasonable permitting options are available to enable the works to receive the wastewater from planned new development without adverse impacts upon European sites”. The details of where and when housing is to be delivered within the borough are not known at this stage as they are dependent on exact sites locations and phasing of development which is the role of Part Two: Land Allocations and Detailed Policies of the Local Plan. Given this, it is considered that a broader policy ensuring that housing would not be delivered unless the necessary infrastructure is available was a more appropriate approach at the broad strategic- policy level of Local Plan Part One: Strategic Policies. Further, we would point out that none of the local authorities in the Merseyside area have had to undertake the level of detailed analysis recommended for their Local Plan Core Strategies. It is therefore not clear why Cheshire West & Chester should be a special case. Background evidence on the capacity of the wastewater treatment works in relation the growth proposed in the Local Plan Part 1: Strategic Policies has been prepared. This has been investigated through the Water Cycle Study and the Infrastructure Development Plan. Liaison has also already taken place between United Utilities, Welsh Water and the Council throughout the development of policies in the Local Plan Part One. This has been to ensure that the mechanisms are in place to allow the necessary infrastructure to be provided to facilitate the growth and that the growth proposals in the Local Plan Part One are taken into account in the development of the Asset Management Plans of the water companies. This liaison will continue in the development of the Local Plan Part Two: Land Allocations and Detailed Policies and the Asset Management Plans of the water companies going forward. The Local Plan Part Two: Land Allocations and Detailed Policies will also be subject to HRA. We would be happy to add this clarification into the HRA report for the Local Plan Part One.

I hope these clarifications enable you to update your advice on this matter. We look forward to hearing from you. If you wish to meet to discuss this matter please let me know as we would be happy to facilitate this.

Yours sincerely,

Louise Hilder Principal Planning Officer

Date: 2 December 2013 Our ref: 104919

Natural England Consultation Service BY EMAIL ONLY Hornbeam House Electra Way [email protected] Crewe Business Park CREWE CW1 6GJ

T: 0300 060 4276

Dear Ms Hilder

Cheshire West and Chester Local Plan Part 1– Natural England’s advice on Publication Draft

Thank you for your recent letter, dated 19 November, in response to Natural England’s advice on the publication draft of the Cheshire West and Chester Local Plan Part 1.

Natural England welcomes the further information and clarity provided in your letter and therefore is optimistic that our outstanding concerns can be resolved before Examination.

Please find our detailed comments below:

Consistency of advice When formulating our advice to Local Plans we focus our comments on the evidence put forward during the consultation process. Our advice on water quality impacts emerged as a result of comments provided in the Habitats Regulations Assessment (HRA), in particularly concerns that the EA were ‘unable to conclude that current levels of some discharges are not adversely affecting the integrity of some European sites’ .

This carries a degree of uncertainty from Natural England’s perspective in terms of the capacity of existing and proposed infrastructure to meet the demand of future housing. Any uncertainty should be explored to ensure the Plan is compliant with Regulation 102 of the Conservation of Habitats and Species Regulations 2010.

Natural England acknowledges the comments made on the consistency of advice provided by Natural England. This issue has recently arisen with respect to other Local Plans in the North West; in view of this Natural England is committed to providing consistent advice on this subject and would like to work with the relevant Local Planning Authorities (LPAs) to address these concerns, particularly as site allocation plans emerge.

Water Quality impacts Natural England notes that the LPA’s policy on water quality states that new housing will not be delivered unless the necessary infrastructure/capacity is in place. Your letter states that this ‘may result in questions over deliverability of the Council’s full housing targets’ and goes on to state that it is ‘not clear why this

should be a concern for Natural England in commenting on the HRA’. To provide some explanation on this point, Natural England advises that the Local Plan process provides an opportunity to explore strategic infrastructure requirements with the aim of limiting environmental issues at the project stage. Therefore, if further detail on expected infrastructure can be provided at this stage it would help to provide certainty that housing can be delivered during the plan period. This is related to your further comments on infrastructure provision (see below).

Infrastructure requirements Your letter provides further clarity on the Local Plan process and current uncertainty relating to the location of land allocations. We note that Part Two of the Local Plan (Land Allocations and Detailed Policies) will provide the exact site locations and phasing of development. Therefore Natural England concurs that a broad policy approach appears logical at this stage with the aim of providing further detail in relation to Part 2 of the Local Plan.

Your letter also confirms that liaison has taken place between Cheshire West and Chester Council, United Utilities and Welsh Water with respect to proposed growth and required infrastructure, taking into account the Water Cycle Study and the Infrastructure Delivery Plan. This is useful detail and we welcome your suggestion that this clarification can be added to the HRA report for Local Plan Part 1. It would be useful to explain what mechanisms are in place to allow the necessary infrastructure to be provided to facilitate growth and how this is transferred to the Asset Management Plans of the water companies.

We also note that liaison will continue during the preparation of Local Plan 2. Natural England would welcome involvement in these discussions to offer advice in relation to the Habitats Regulations.

I hope the above offers sufficient clarity from Natural England’s perspective. We confirm that provided the additional detail is added to the HRA, as outlined above, this would alleviate the concerns raised in our letter dated 30 October 2013 (ref 96646).

I look forward to your response on these matters. If we can provide any further advice relating to this consultation, please do not hesitate to Kate Wheeler on 0300 060 427 [email protected]. For all other correspondence, please contact the address above.

Yours sincerely

Zoë Buddle Senior Adviser Land Use Operations

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Kate Wheeler CH1 2HS Lead Adviser Land Use Operations 01244 973887 Natural England www.cheshirewestandchester.gov.uk

By Email Only

our reference your reference: please ask for: date: Louise Hilder 16 January 2014 01244 975913 louise.hilder@ cheshirewestandchester.gov.uk Dear Kate,

Cheshire West and Chester Local Plan (Part One) – Habitats Regulation Assessment

Thank you for your letter dated 2 December 2013 which updated and clarified Natural England’s advice and position on Cheshire West and Chester’s Local Plan (Part One) Habitats Regulation Assessment.

We welcome the clarification on the consistency issues we raised. In response to the request for further information to be added to the Habitats Regulation Assessment screening report on infrastructure provision, this has now been carried out. It is included in the screening report that accompanies the Submission Local Plan Part One. Natural England’s original response to the Local Plan (Part One) also raised some issues in relation to the consistency of policy wording quoted in the screening report. This has also been addressed. A copy of the updated screening report and the Submission Draft Plan is attached with this letter.

The Local Plan (Part One) was submitted to the Secretary of State on 23 December 2013. The updated screening report was submitted alongside it. The full set of documentation will be published shortly on our website. Natural England will be formally notified of the submission, the publication of the documents on our website and the arrangements for the examination. I hope that the changes made to the screening report will assist in resolving Natural England’s concerns raised at the Publication Draft stage on the Habitats Regulation Assessment and this will be reflected in your submissions to the examination process.

Yours sincerely,

Louise Hilder

Principal Planning Officer

3 February 2014

Customer Services Hornbeam House Crewe Business Park [email protected] Electra Way Crewe BY EMAIL ONLY Cheshire CW1 6GJ

T 0300 060 4276

Dear Ms Hilder

Cheshire West and Chester Local Plan - Submission Draft HRA Screening

Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.

Thank you for your correspondence received 16 January 2014.

In response to our request for further information to be added to the Habitats Regulations Assessment screening report on infrastructure provision, we welcome that this has now been carried out. Natural England also welcomes the revisions to the policy wording quoted in the screening report as shown in the updated screening report and the Submission Draft Plan.

Natural England’s original concerns raised at the Publication Draft stage on the Habitats Regulation Assessment have been satisfactorily addressed.

For any queries relating to this consultation please contact Kate Wheeler by email at [email protected] or on 0300 060 4276. For all other correspondence, please email [email protected], or if it is not possible to consult by email, please send to the above address.

Yours sincerely

Kate Wheeler Land Use Operations

Page 1 of 1 Please send consultations via email to: [email protected]

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Mr Garry Legg CH1 2HS Planning Policy and Programme Manager 01244 973887 Economic Regeneration, Growth and Environment Warrington Borough Council www.cheshirewestandchester.gov.uk New Town House Buttermarket Street Warrington

WA1 2NH

our reference your reference: please ask for: date: Duncan McCorquodale 14 October 2013 Tel: 01244 973104 Email:[email protected]

Dear Garry,

CHESHIRE WEST AND CHESTER LOCAL PLAN – DUTY TO COOPERATE

Further to our recent meeting Cheshire West and Chester Council has published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. This letter relates to this document and sets out information relating to compliance with the duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council has worked with and informed Warrington Borough Council during the preparation of the Local Plan. Examples of co-operation and consultation include:

Meetings held between planning policy officers (Cheshire East and Warrington) on 12 November 2012, 13 January 2013, 5 March 2013 and 7 October 2013 where issues discussed included:

12 November 2012 Working with the Local Enterprise Partnership in the light of proposals for sub- regional evidence base. Green Belt – discussed latest approaches to Green belt reviews in Cheshire East and Cheshire West. Middlewich – linkages with proposals in Winsford and potential need to pursue transport improvements between Winsford and M6 (via Middlewich).

Gypsy and Traveller Accommodation – noting the brief being developed for joint GTAA (including Cheshire East, Cheshire West, Halton and Warrington). Minerals and Waste – considered future possibility of some joint working between Cheshire East and Cheshire West. Landscape Character – Cheshire East undertaking some borough wide work. Cheshire West also looking to commission some work in early 2013.

13 January 2013 Working with the Local Enterprise Partnership in the light of proposals for sub- regional evidence base. Green Belt – not considered to be any strategic / cross boundary issues in latest Core Strategy work. Middlewich – meeting needed as soon as possible between Cheshire East and Cheshire West to discuss growth and cross boundary issues. Gypsy and Traveller Accommodation – brief for joint GTAA awaiting sign off Minerals and Waste – further discussion on possibility of some joint working using resources currently in place at Cheshire West. Update on Winsford Neighbourhood Plan consultation which had recently closed. HS2 – announcement imminent with associated route North of Birmingham.

5 March 2013 Discussion of how Middlewich should be treated in both Local Plans given its location at the boundary of the two authorities. Improvements to west-east links through Winsford discussed Sources of funding for future schemes discussed Approach to waste planning in each Local Plan discussed CWAC re-iterated that comments had been made through the consultation on the development strategy that if CE approach to waste planning was to look to use facilities in Cheshire West then this needs to be discussed formally Both authorities need to be aware of findings in each others HRA documents. CWAC have made HRA consultants aware of CE document which will be taken into account in the preparation of the HRA for the Publication Draft Plan.

7 October 2013

Middlewich – discussion of policy approach set out in Cheshire West Publication Draft Local Plan noting further work to be undertaken to inform policy that would feature in Local Plan (Part 2) in due course. Noted progress on Gypsy and Traveller Assessment evidence base. Waste management issues discussed between Cheshire West and Cheshire East. Cheshire West’s set out position that the Publication Draft plan is seeking to ensure the borough meets its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements. Agreed that Cheshire East will need to ensure that they are satisfied that they can develop a policy approach in their plan to reflect the position of Cheshire West. Housing/economic issues touched on latest position on housing land supply and general observations on meeting objectively assessed need.

Consultation letters were sent out to your organisation at the following key stages of preparation of the Local Plan:

o Core Strategy Topic Papers o Issues and Options o Development Options o Preferred Policy Directions o Draft Publication Plan consultation

Duty to cooperate matters were discussed at the North West Waste Network meetings on 30 January 2013, 22 May 2013 and 25 September 2013.

Please confirm whether you agree with the evidence listed above and let us know if you have any information to add to the list.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your organisation. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been resolved How remaining issues are being dealt with Proposed Housing Evidence base that supports the Figures (22,000 from Publication Draft Local Plan sets 2010-2030) – ensuring out rationale that Cheshire West no impact in terms of and Chester has undertaken an housing requirements for objectively assessment of housing Warrington need in the borough and consequently has no need to rely on Warrington to meet any of Cheshire West and Chester’s housing requirement. Proposed Employment Evidence base that supports the Allocations Publication Draft Local Plan sets out rationale that Cheshire West and Chester has undertaken to assess employment requirements and allocations in the borough and consequently has no need to rely on Warrington to meet any of Cheshire West and Chester’s employment requirement. Green Belt Review Focussed review on Chester – linked into general requirement for housing (see first row of this table) and therefore no impact upon Warrington. Minerals and Waste See paragraphs set out in this Planning letter below. Gypsy and Traveller Policy SOC4 sets out approach to Further detail will be Requirements providing Gypsy and Traveller forthcoming from Accommodation. Cheshire West updated evidence base and Chester have collaborated (GTAA) that will inform with Warrington and other local Cheshire West and authorities on a joint evidence Chester Local Plan (Part base. 2).

Please confirm whether you agree with the contents of the table and whether you have any suggested amendments or additions.

We recognise minerals and waste matters as strategic issues for the two authorities. Liaison has taken place on these matters at the North West Waste Network Meetings (formerly the North West Regional Technical Advisory Body for Waste) and the North West Aggregate Working Party. We do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time.

Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester West and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements. We would be grateful if you could inform us whether the aims as set out generally above or more specifically in the emerging Policies ENV 8 and ENV9 in the Local Plan (Part One) give rise to any effects on facilities within Warrington or has any impact on existing waste and minerals policies.

Current consultation

The Draft Local Plan is being published for an eight week period which began on Friday 6 September and ends at 5pm on Friday 1 November 2013. I have attached a copy of the letter relating to this document, which you should already have received. The attached letter explains where the document and background information can be viewed and how representations can be made. In addition to any formal representations you wish to make on the Draft Local Plan, please let us know if you feel that the Draft Local Plan raises any additional duty to co-operate issues that have not already been set out above.

Please confirm if there are any other issues relating to the duty to co-operate that you would like to raise.

Yours sincerely

D W McCorquodale

Duncan McCorquodale Local Plan Manager

Spatial Planning Spatial Planning Cheshire West and Chester Council The Forum Offices Chester Dave Watson CH1 2HS Planning Policy Manager 01244 973887 Community Wellbeing & Development Department www.cheshirewestandchester.gov.uk Wrexham County Borough Council Lord Street Wrexham

LL11 1LG

our reference your reference: please ask for: date: DTCWCBC Lucy Hughes 12th November 2013

Dear Dave,

Cheshire West and Chester Council published its Draft Local Plan (Part One) Strategic Policies for comment during an eight week period ending at 5pm on Friday 1 November 2013. You should have received a separate letter inviting comments on the Draft Local Plan. A meeting was held between Cheshire West and Chester Council, Wrexham County Borough Council, Flintshire County Council and Taith during the consultation period, on 22nd October 2013. This letter relates to compliance with Cheshire West and Chester’s duty to co-operate.

Evidence of co-operation and consultation

Cheshire West and Chester Council have worked closely with Wrexham County Borough Council during preparation of the Local Plan. Examples of co-operation and consultation include:

Meetings with Wrexham

Date Location Attending Wrexham CWAC Transport Strategy, Spatial 4/4/2011 Planning: Wrexham Planning Policy 3/10/2012 Wrexham CWAC Transport Strategy, Spatial

Planning, Wrexham Planning Policy 22/10/2013 Chester Joint meeting with Cheshire West and Chester Planners and Transport; Flintshire CC Planners and Highways and Wrexham CBC Planners and Taith Wrexham (liaison through N Wales Minerals and Waste Shared Service) 16 June 2011 26 March 2013

Separate meetings have been held with the North Wales Minerals and Waste Planning Service.

The Mersey Dee Alliance (MDA) is a partnership that supports strategic economic activity spanning the North Wales/North West England border. Its geographical area of focus is North East Wales, West Cheshire and Wirral. Cheshire West is the accountable body for the partnership that includes higher education institutions as well as Flintshire CC, Wrexham CBC, TAITH (North East Wales Regional Transport Consortia) and Merseytravel.

Consultation letters were sent out to Wrexham at the key stages of preparation of the Local Plan. Wrexham made representations to the Local Plan at the Development Options stage, supporting moderate growth option throughout the borough, which would help relieve pressure on Wrexham County Borough without undermining their strategy. It was felt that this would lessen development pressures for housing in Wrexham County Borough, while maintaining a range of job opportunities which complement the existing offer in Wrexham.

The response also set out the need for early major highway improvements at the junction of the A483/A55, and at Wrexham Road roundabout on the A483 to reduce the impact of the proposed growth.

Wrexham did not comment at the following stages -

o Issues and Options o Preferred Policy Directions

A meeting was held on 22nd October 2013 and the issues in this letter were discussed.

During the consultation period of the Publication Draft Plan 2 comments were submitted regarding draft policies STRAT 2 and STRAT 10.

STRAT 2 - Wrexham County Borough Council supports the level of housing and employment growth as it will help relieve housing pressure on Wrexham County Borough while helping to provide a range of job opportunities which complement the existing offer in Wrexham. This support is welcomed.

STRAT 10 – Wrexham Council Borough Council reiterates concerns about the A483(T) junction with the A55(T) and with the B5445. The Highways Agency has allocated £5.3m to undertake planned infrastructure to update the junction, due to be completed by March 2015. The supporting justification for STRAT 10 supports these works. WCBC welcomes the planned upgrades, but remains concerned that the planned works have not taken into consideration the potential additional population increases set out for Wrexham in the recent WG population projections and the proposed Chester Green Belt release. Wrexham therefore has concerns as to whether the infrastructure upgrades are adequate.

The reference to this proposal in STRAT 10 reflects a committed scheme being brought forward by the Highways Agency. The anticipated start date of the scheme is April 2014 with completion by March 2015. At this early stage in the preparation of Wrexham’s Plan, when it is currently not known with absolute certainty what new housing figures will be proposed, nor the exact location of any new housing, it is believed that the programmed and financed upgrades by the Highways Agency should continue to be supported.

Whilst co-operation between the authorities has taken place there is no mechanism to prepare any joint-plans given the different planning systems that operate in Wales and England.

Strategic, cross-boundary issues

The table below lists the key, strategic, cross-boundary issues that are considered to be relevant to your local authority. It also identifies how issues have been resolved, any remaining issues and how they are being dealt with.

Strategic issues How issues have been Continuing dialogue resolved Levels of development Wrexham generally Need to ensure both supportive of levels of authorities remain development in borough supportive of figures and and Chester. CWAC plan broad locations of to meet its own housing development. needs within the Borough.

Strategic Transport Discussion over major Need to ensure that both Improvements schemes that have authorities are kept up to impacts cross-border. date with Strategic Transport Improvements, General support for and continue dialogue improvements to the between the authorities A483/A55 roundabout, and Highway and but concerns that the Transport bodies. infrastructure upgrades may not be adequate for additional population increases.

Support for a new Park and Ride at Rossett, and the dualling of the rail line.

Schemes have been taken account of in the Plan and through transport modelling work for CWAC. Chester Transport Emergence of potential CWAC identified this was Strategy new route for the Chester not being proposed Western Relief Road through the Local Plan. It running through North was put forward as an Wales at Flintshire. option through the Chester Transport Strategy. CWaC to keep Wrexham updated on progress. Waters Meet Wrexham to keep CWaC Development updated about progress with Waters Meet. Employment Figures Need to ensure that the When allocations are right sites/allocations are made through the Local made for the right jobs, Plan process, each and check any impacts authority will have the which each authorities opportunity to comment. decisions may have on the other authority.

In addition to the above we recognise minerals and waste matters as strategic issues for the two authorities. Liaison has taken place on these matters with the North Wales Minerals and Waste Shared Service. We do not consider there to be any specific matters in relation to minerals and waste between the authorities at this time.

Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine contributing to the sub-national guidelines for aggregate land won sand and gravel whilst ensuring the prudent use of our important natural finite resources. The sub regional guidelines for aggregate land won sand and gravel being used are the agreed North West Aggregate Working Party aggregate apportionment requirements 2005-2020.

The Council’s approach to planning for waste management is to ensure that there is sufficient provision to deal with all types of waste generated in Cheshire West and Chester going forward. The Council’s principal aim is to maintain Chester west and Chester’s current waste net self sufficiency status throughout the plan period and supports the provision of sites for waste management whilst safeguarding existing landfill capacity and waste management facilities in appropriate locations.

The borough is planning to meet its own needs and the approach does not rely on provision of waste management capacity in other local authority areas. However, the approach recognises that there are cross boundary flows of waste in both directions between Cheshire West and Chester and neighbouring areas and further afield reflecting the market for waste management which is a key driver for the pattern of waste movements.

We would be grateful if you could inform us whether the aims as set out generally above or more specifically in the emerging Policies ENV 8 and ENV9 in the Local Plan (Part One) give rise to any effects on facilities within your authority areas or has any impact on existing waste and minerals policies.

Thank you for your continued helpful dialogue with Cheshire West and Chester. Please confirm whether you agree with the statement above and whether you feel that strategic, cross-boundary issues relating to the Local Plan have been covered.

Yours sincerely

Lucy Hughes

Principal Planning Officer