HOW Planning LLP

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Your ref: Our ref: 1715/JS/RJ 29 January 2018

Planning Policy Team West and Council 4 Civic Way Ellesmere Port CH65 0BE

Dear Sir/Madam

CHESHIRE WEST AND CHESTER COUNCIL LOCAL PLAN (PART TWO) LAND ALLOCATIONS AND DETAILED POLICIES PUBLICATION DRAFT DOCUMENT

On behalf of HOW clients, we thank you for the opportunity to submit representations to Cheshire West and Chester (CWAC) on the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document as well as the draft policies map, draft Sustainability Appraisal Report and draft Habitats Regulations Assessment.

These representations are submitted in relation to a site at Lane, Chester. We respectfully request that these representations are taken into account in the preparation of the next version of the Local Plan (Part Two) Land Allocations and Detailed Policies document.

BACKGROUND TO THE SITE

The site comprises a self-contained parcel of undeveloped grassland extending to approximately 1.1 hectares. There is a single pond located to the south-east corner of the site. The site is located towards the south of the Lache area of Chester. It is surrounded by residential dwellings to all aspects, including properties accessed off Lower Field Road to the east, Rowcliffe Avenue to the south east and Lache Lane to the north-west.

A site location plan is provided at Appendix 1 of these representations.

A pre-application request was submitted to CWAC on 15th June 2017 and a pre-application meeting held on 16th August 2017 with Planning Officer Bethan Armstrong in relation to a proposed residential development on the site comprising 24 dwellings. A formal pre-application response was received on 24th January 2018. The response confirmed that the site is considered to be within a sustainable location for new residential development.

CURRENT AND PROPOSED DESIGNATIONS

Within the adopted Chester and District Local Plan, the site is identified as 'Other Greenspace' under saved policy ENV 17. The site is also designated as a 'Local Wildlife Site' under policy ENV 4 of the

Planning and Environmental Advisers

Partners: Associates: HOW Planning LLP Gary Halman BSc FRICS MRTPI Conor Vallelly MTCP MRTPI Registered Office: 40 Peter Street, Manchester M2 5GP Richard Woodford BA (Hons) BSc BTP MRICS MRTPI Keith Jones BA (Hons) MSc MRTPI Registered in and Wales Registered Number: OC318465 Jon Suckley MTCP (Hons) MRTPI Emma Jones BA (HONS) DipEP MRTPI HOW Planning LLP is a Limited Liability Partnership Richard Barton BSc (Hons) MA MRTPI Andrew Johnston – MTCP MRTPI MNZPI Any reference to Partner means a member of HOW Planning LLP Neil Lucas MRTPI Fiona Woodford

Julie Halman

Cheshire West and Chester Local Plan (Part One) Strategic Policies, adopted in 2015. The site is located within the Chester District Settlement Boundary.

Chester Settlement Boundary

Map 117 of the supporting documents out for consultation shows the site as remaining within the Chester settlement boundary and covered by draft policy CH1 which states that development proposals within the defined settlement boundary of Chester which are in line with the relevant Development Plan policies will be supported. This approach is supported.

Open Space

Map 3 of 'Policy Map Changes 1-46' confirms that policy ENV 17 (Other Green Spaces) of the adopted Chester District Local Plan will be deleted from the Policies Map upon adoption of the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document.

Map 338 of 'Policy Map Changes 337-345' of the supporting documents includes sites to be allocated under policy SO6 'Open space, sport and recreation' of the Local Plan (Part One). While it was initially unclear as to whether the site at Lache Lane was designated under this policy or not, it was confirmed via email correspondence with Claire Woodward on 20th December 2017 that the site is not proposed to be allocated as open space under policy SOC 6 of the adopted Local Plan (Part One).

We strongly support the sites exclusion from adopted policy SOC 6 of the Local Plan (Part One). Policy SOC 6 states that the Council will seek to protect, manage and enhance existing open spaces, sport and recreation facilities to provide a network of diverse, multi-functional open space. It is appropriate and supported by HOW clients to not designate the site under policy SOC 6 of the Local Plan (Part One) for the following reasons:

 The site is in private ownership;  The site cannot be accessed or used by members of the public;  There are no public footpaths which run through the site;  The site has been used for private pony grazing and paddock for the past 10 years.

Given the above, the site has no recreation or public open space use or value.

Protecting and Enhancing the Natural Environment

It is difficult to determine from Map 325 whether the site is covered by draft policy DM 44 (Protecting and Enhancing the Natural Environment - Corridors and Stepping Stones), however recent pre- application feedback from the Council confirms that the site is proposed to be covered by this policy due to its aquatic diversity and potential grassland, which we dispute.

Policy DM 44 of the Local Plan (Part Two) states that development likely to have an impact on protected sites (statutory and non-statutory) protected/priority species, priority habitats or geological sites must be accompanied by an Ecological Assessment that complies with industry best practice and guidance alongside other criteria which includes identifying the assets of biodiversity / geodiversity value on and within the vicinity of the site; evaluates the value and extent of the assets; assesses the impact of the development on assets; identifies the net losses and gains for biodiversity / geodiversity; identifies the options to enhance the value of the assets and contributes towards the borough's ecological network; and provides sufficient information to inform a Habitats Regulation Assessment.

On behalf of HOW clients, we do not support the designation of the site under policy DM 44 of the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document. The approach the Council have taken to this policy and the sites it relates to is unclear. Policy DM 44 has been influenced by policy ENV 4 of the Local Plan (Part One), however it does not provide a list of sites the policy

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specifically relates to, policy DM 44 also does not provide a list of sites. It is understood that information of Local Wildlife Sites was compiled following a review of the former Sites of Biological Importance that were produced by Cheshire County Council and Sites of Nature Conservation Value (SNCV) that were produced by Chester City Council and Ellesmere Port and Neston Borough Council. This comprises field survey work that was first completed in 2010 and a further review in 2012/2013. There has not been any further field survey works done since 2013.

It is noted that the Local Wildlife Sites are an ongoing process of additional survey and review so the Council may add or remove sites from their register. The Council are now reviewing the Local Wildlife Sites as part of the Local Plan (Part Two) process however, there does not seem to be any updated assessments undertaken or that are available as part of the current consultation.

The site at Lache Lane was previously in the Chester Local Plan and proposed for housing. It has since been designated as a Local Wildlife Site in the Chester Local Plan (Part One). The value of the site however since it was designated as a Local Wildlife site has significantly diminished. The site is in private ownership and has been used for pony grazing and as a pony paddock for the past 10 years. Whilst the grass has been maintained sufficiently, its ecological value has diminished due to its ongoing use. Furthermore, an eDNA survey in June 2016 found that there were no Great Crested Newts in the pond onsite, which further supports the view that the sites ecological quality has reduced since it was designated as a Local Wildlife site in the Local Plan (Part One).

Given the above, it is clear the Council’s 2013 evidence base and review of Local Wildlife Sites is out of date and the site should no longer be designated as a Local Wildlife Site. On this basis we consider the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document to be unsound.

At the time the Council provides further clarification and information relevant to Local Wildlife Sites, we reserved the right to comment further at that time.

Notwithstanding the above, the submission of Ecological Assessments with a planning application as required by policy DM 44 is generally supported. However if the assessment identifies a low ecological value of the site then it may not be necessary to provide all of the requirements listed in the current policy wording. As such the following amendments are made to policy DM 44 in bold:

“Development likely to have an impact on protected sites (statutory and non-statutory), protected/priority species, priority habitats or geological sites must be accompanied by an Ecological Assessment that complies with industry best practice and guidance, and:

1. identifies the assets of biodiversity/geodiversity value on and within the vicinity of the site;

2. evaluates the value and extent of the assets;

3. assesses the likely expected impact of the development on assets of biodiversity/geodiversity value taking into account the mitigation hierarchy where appropriate;

4. identifies the net losses and gains for biodiversity/geodiversity, using a biodiversity metric calculation where appropriate;

5. identifies the options to enhance the value of the assets and contribute towards the borough's ecological network where appropriate; and

6. provides sufficient information to inform a Habitats Regulations Assessment (HRA), where development could have an individual or in combination significant effect on a European Site or its supporting habitat where appropriate.

Commensurate with the size and scale of potential impact, proposals must:

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7. be designed in line with the mitigation hierarchy, with compensatory measures only considered as a last resort;

8. include a long term habitat and species management plan, if applicable;

9. include a management plan for invasive species, if applicable; and

10. utilise native species in landscaping schemes, where appropriate.

Development that makes a positive contribution towards the borough's ecological network will be supported. Within the components of the ecological network, as identified on the policies map, proposals should:

11. increase the size, quality or quantity of priority habitat within core areas, corridors or stepping stones where appropriate;

12. within corridors and stepping stones, improve the connectivity of habitats for the movement of mobile species where appropriate;

13. in restoration areas, improve the structural connectivity, resilience and function of the network where appropriate;

14. in buffer zones within core areas and around protected meres and mosses, minimise adverse impacts from pollution or disturbance where appropriate; and

15. contribute towards the integration and creation of green infrastructure and habitats in line with Local Plan (Part One) policy ENV3 where appropriate.

Soil resources must be protected and used sustainably to retain ecosystem services, in line with accepted best practice.”

OTHER LOCAL PLAN (PART TWO) POLICIES Proposals for Residential Development

Policy DM19 (Proposals for Residential Development) of the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document states that proposals for residential development within identified settlements, on sites that have not been allocated/designated for a particular use, will be supported in line with the relevant Development Plan policies.

This first part of policy DM19 is supported within the context of the site at Lache Lane, which is within the Chester District Settlement Boundary.

THE JUSTIFICATION FOR RESIDENTIAL DEVELOPMENT AT THE SITE

Although the site is not specifically allocated or proposed to be allocated for residential development, the principle of residential development on the site is broadly supported by policy STRAT 2 (Strategic Development) of the Local Plan (Part One) Strategic Policies. This policy states a need to deliver at least 22,000 new dwellings within the plan period and that development will be brought forward in line with the settlement hierarchy within which the majority of new development will be located within or on the edge of the city of Chester as well as other towns. Clearly, the site is located within Chester and has already been considered by the Council to be in a sustainable location.

The Housing and Economic Land Availability Assessment (HELAA) was endorsed by the Local Plan Working Group in February 2017 and forms part of the current evidence base for the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document.

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The site off Lache Lane, Chester, is considered under site reference HAP/0019 for proposed residential use. Paragraph 2.55 of the HELAA states that sites that have been assessed as being potentially developable, i.e: suitable, available and achievable for housing or employment development are set out in Appendix C of the report. Furthermore, paragraph 4.7 states:

"In total, 254 sites have been identified as potentially being suitable, available and achievable for residential development within the plan period. The summary of each site is set out in Table 3 of Appendix C. The potential housing capacity and delivery forecasts were subsequently calculated and this is set out in Table 4 of Appendix C."

The site at Lache Lane is included within both Tables 3 and 4 of Appendix 3.

Table 3, which is an assessment of sites considered to be potentially suitable, available and achieved housing development within the plan period, considers the site at Lache Lane to be suitable, available and achievable. Against availability, it states that there are no known ownership issues.

Table 4, which is an assessment of potential housing capacity and delivery forecasting considers on a site area of 1.05 hectares that a density of 30 dwellings per hectare could be achieved. It again, considers the site to be suitable, available and achieved and estimates a development potential of 25 units to be delivered in 11-15 years.

Clearly, the Council have assessed the site to be a suitable site for residential development. This is supported by its inclusion within the Housing Land Monitor Report (2016-2017). Appendix 2 of the Housing Land Monitor Report covers the housing delivery forecasts where it suggests delivery of 18 units at the site, however notes the site does not have planning permission.

Summary

On behalf of HOW clients, the Council's assessment of the sites suitability, availability and achievability for residential development is supported.

Furthermore, the Councils’ assessment that suggests 25 units can be delivered at the site is also supported. However, the delivery timescales that is suggested of 11-15 years is not supported and delivery in 1-5 years is appropriate.

The next section outlines the case for why the site is suitable for residential development and further supports why the 'Other Greenspace' designation should be deleted, given that the site is not accessible for recreational use and could support residential development.

A Sustainable Site

The site is located approximately 2.4 km from Chester City Centre and within the Chester settlement boundary. It has very good pedestrian accessibility and is well connected to public transport links. Several shops are located approximately 0.5 km to the east of the site at Westminster Park and can be safely accessed on foot via Rowcliffe Avenue. The parade comprises a Co-op store, butchers, fishmongers, deli/cafe, greengrocers, pharmacy, two beauty salons, two takeaways and associated parking.

There are also a range of schools and community facilities in the immediate area including Belgrave Primary School and Pre-School and Westminster Park Community Centre, located approximately 0.5 km to the east of the site. Approximately 1.1 km to the north-west is Lache Primary School and Community Centre and The King’s School, an independent co-educational school including a Primary School, Secondary School and Sixth Form is located approximately 1.3 km to the south east of the site. The Catholic High School and West Cheshire College’s Chester Campus are also located within walking distance of the site to the north east. Westminster Park, which offers a range of public sport and

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recreational facilities including an outdoor gym, play area, tennis courts, golf course, BMX track, football and cricket pitches and a bowling green is located approximately 0.8 km to the north.

In addition, the site is located approximately 1.6 km from Chester Business Park where a range of businesses are located including Bank of America, M&S Bank, MBNA Ltd, GB Group, APS Group, Tetrapak and many more. There is also a BP petrol station located adjacent to the business park on A483/Wrexham Road. A private hospital, The Grosvenor Hospital, a gym and Chester Lawn Tennis Club are located approximately 1.3 km to the north east of the site on Wrexham Road. From the A483, there is good vehicular accessibility to North Wales via the A55, as well as good links to the M53. Travel times by car to Liverpool and Manchester City Centre are approximately 45 minutes and 1 hour respectively.

The nearest bus stops are located approximately 140 metres to the west of the site on Lache Lane and approximately 170 metres to the south of the site on Rowcliffe Avenue. Both provide hourly services between Chester City Centre and North Wales, including the villages of Dodleston, Higher Kinnerton and Hope and Mold Town Centre. Chester Train Station is located 3.8 km from the site and provides direct services to London, Manchester and Liverpool, as well as frequent services to Crewe station from which there are a range of connecting routes to locations across the UK.

The site is situated within a highly sustainable location. It is within close proximity to a range of local amenities including shops, schools and leisure and recreational facilities. It is also highly accessible for both pedestrians and cyclists and well served by public transport, reducing reliance on private motor vehicles. The site provides an excellent opportunity for development to bring forward high-quality residential units within an already well-connected and well-established residential area of Chester.

A Deliverable Site

As well as being sustainable, the site is in a suitable condition for development and does not have any constraints which would restrict it coming forward within the next five years. Technical considerations that impact the suitability of the site are summarised below:

 Flood Risk - The Environment Agency Flood Map indicates the site lies entirely within Flood Zone 1 which means there is less than a 0.1% (1 in 1000) chance of flooding occurring each year. As such, no detailed flood analysis is required for the site and there are no known flooding constraints preventing the site coming forward for future residential development.

 Ground Conditions - Based on Environment Agency records, the site is not located within a historic landfill area, coal extraction area or in proximity to any mining waste facilities. The site is located on a bedrock geology of Kinnerton Sandstone Formation with superficial deposits of Till. There are no known ground conditions that represent a constraint to any future residential development of the site.

 Highways - Current access to the site is provided via an access point at Lache Lane to the north of the site which is sufficient to accommodate a future residential development of up to 25 units. As such, there are no highway constraints that would prevent the site coming forward for future residential development. In addition, a Highways Consultant has liaised with the Council's Highways Officer with regards to potential residential development at the site where it was agreed that the access road from Lache Lane was satisfactory.

 Ecology - A Great Crested Newt (GCN) eDNA Survey Report was prepared by Avian Ecology Ltd in July 2016. Results obtained indicated an absence of GCN in the pond on the site, therefore this does not represent an ecological constraint to any future development of the site. The results of the eDNA survey also supports the site’s diminished ecological status since the site was original designated as a Local Wildlife Site in the Local Plan (Part One).

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 Trees - An Arboricultural Impact Assessment & Method Statement was prepared by Tree Solutions Ltd in October 2017. The survey concluded that in order to accommodate the proposed new vehicular access, it will be necessary to remove 4 trees on the site, however these trees are classified as Grade B and C, therefore are of a moderate/low quality with no material conservation or other cultural value and can be easily replaced post development as required. There are therefore no arboricultural constraints preventing the site coming forward for future residential development.

Summary

In summary, on behalf of HOW clients, the inclusion of the site within the Chester settlement boundary within the Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document and associated draft policies map is strongly supported.

It is also strongly supported to not allocate the site for 'Open space, sport and recreation' under policy SO6 of the Local Plan (Part One) and support the deletion of policy ENV 17 (Other Greenspace) of the Chester District Local Plan. This is particularly justified given that the site is currently within private ownership and is not accessible to or used by the public for recreational purposes.

Designation of the site under policy DM 44 Local Plan (Part Two) Land Allocations and Detailed Policies Publication Draft Document is not supported. The Council have not undertaken a review of its Local Wildlife Sites since 2013 despite this being an ongoing process of additional survey and review that the Council can remove and add to. The value of the site however since it was designated as a Local Wildlife in the Local Plan Site (Part One) has significantly diminished. The site is in private ownership and has been used for pony grazing and as a pony paddock for the past 10 years. Whilst the grass has been maintained sufficiently, its ecological value has diminished due to its ongoing use. Furthermore, an eDNA survey in June 2016 found that there were no Great Crested Newts in the pond onsite, which further supports the view that the sites ecological quality has reduced since it was designated. It is clear the Council’s 2013 evidence base and review of Local Wildlife Sites is out of date and the site should no longer be designated as a Local Wildlife Site. At the time the Council provides further clarification and information relevant to Local Wildlife Sites, we reserved the right to comment further at that time.

The site is located within a highly sustainable location within the Chester settlement boundary, benefits from strong transport links and is close to a variety of local services and facilities. Furthermore, the location and configuration of the site is such that it is capable of delivering a high-quality residential development of a modest scale within the plan period, contributing to the supply of much-needed new housing in the borough. This is supported by the Council's housing assessments which consider the site to be suitable, achievable and available for housing.

We request that these representations are taken into account in the preparation of the next stage of the Local Plan.

Should you require further information then please do not hesitate to contact me.

Yours faithfully

Rachel Jones Planner Direct Dial: 0161 831 5887 Email: [email protected]

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APPENDIX 1: SITE LOCATION PLAN

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