Richard Ward PINS Reference 3253194; 3253230; and 3253232

Newton Park

Location of the field named ‘Gallows Croft’

Battlefield Restoration

Archaeological Survey

Part 1

Page 1 of 36 Gallows Croft and the Battle of Winwick Pass 1. There is more documentation on the St Helens Council website for the Phase 1 and Parkside link Road applications dated 04 Oct 2019 Interesting is the Archaeology report where the update document only has one small paragraph concerning the battlefield of Winwick Pass and links Gallows Croft to this event: "3.13 In the 17th century, the Red Bank Civil War Battle (also known as the Battle of Winwick and the Battle of Winwick Pass), took place to the north of Winwick on the 19th August 1648. Conflict took place between Lieutenant-General Cromwell and the rear of the Duke of Hamilton's retreating army, commanded by Lieutenant-General Bailey. Hamilton’s army was defeated, and the foot soldiers took refuge in Winwick Church. Local tradition records that some soldiers were executed in Gallows Croft, on the opposite side of Hermitage Green Lane to Red Bank. The battlefield site crosses the boundaries between Newton-le-Willows and Winwick, and has recently been designated a Registered Battlefield (List Entry Number: 1412878)."

2. Former Parkside Colliery, Newton-le-Willows Parkside Regeneration LLP Environmental Statement Non-Technical Summary page 30 states:

“Located to the east of the site is St Oswalds Well (1018082) which is designated as a scheduled monument and is grade II listed. It comprises a stone well that is supposedly situated at the place where St Oswald was killed at the Battle of Maserfelth in AD 642. This will not be impacted by construction activities given the intervening landscape and the proposed landscaping.”

The Phase 1 development is within the setting of St Oswald’s Well and this shows the applicant has first recognised the Battle of Maserfelth (Maserfeld - Saxon Chronicles terminology), and second has not considered this non-designated heritage asset NPPF 194 alteration or destruction; or development within its setting. For the actual physical battlefield being precisely unknown. Did the battle of Maserfeld, stand from West to East (from Newton Park to Woodhead at Hermitage Green); or stand from South to North (Winwick to Woodhead at Hermitage Green)? As the battlefield area is not eactly known To dismiss the battle and the battle’s main archaeological evidence being the St Oswald’s Well, a holy well; shows the Battlefield Maserfeld has not had or considered to have had a balancing exercise, by the respective Local Planning Authorities whether it be Phase 1 or the PLR, heritage assets are a fact that both developments must consider. page 30 also states: “It is purported that the site lay within the battlefield of the battle of Winwick Pass (13856). This was one of the last major engagements of the civil war in 1648. To the southwest of the Site is Gallows Croft which is thought to

Page 2 of 36 be where many of the prisoners captured were hanged (9129). Metal detecting and trial trenching survey work completed on the Site in November 2017 has shown no evidence of this. A recent Historic consultation sought to consider part of the application site and land to the south as a registered battlefield. The applicant has made representations and is firmly of the position following expert analysis and survey work that the proposed designation does not meet the required criteria for such status.”

This claim is shown that the whole Gallows Croft as per the 1849 map has not been surveyed, that is the field adjacent to the A49 Winwick Road row of houses. This area not surveyed has since at least 1648 has not been disturbed by and industrial processes. So any artefacts have a stronger possibility of being in this undisturbed area. The problem is just the depth the artefacts are located and the detecting depth methods used. There is a possibility that the graves of those Scots though to have been hung at Gallows Croft are located in the undisturbed and not surveyed area of Gallows Croft directly east of the of the Winwick Road houses

3. Parkside Regeneration LLP Former Parkside Colliery, Newton-le-Willows Environmental Statement Part 2 – Cultural Heritage Technical Paper 9

5.39. During the early Post-medieval period historic Ordnance Survey mapping including the 1849 edition shows that the study area maintained a rural character through to the Industrial periods. The Site consisted of fields and roads close to the boundaries of the five townships of Winwick with Hulme; Houghton; Middleton, and Arbury; Southworth with Croft; Newton in Makerfield; and Kenyon. These townships lay within the parish of Winwick and within the historic county of Lancashire. The study area lay to the north of urban area of Winwick and to the south of the settlement at Lowton. Two Civil War battles took place in Winwick. In 1643, Colonel Assheton defeated the Royalist forces and, in 1648, Cromwell defeated the Duke of Hamilton and his Scottish force (Farrer and Brownbill 1911, 140-2). The latter battle is purported to have taken place around Red Bank (13856 and 558) in 1648, which lies to the south of the site. Gallows Croft (9129) is reputedly where many of the prisoners captured were hanged (ibid).

5.46. ...During the course of the retreat and in fighting around the church and through Winwick around 1,000 royalist troops were killed (although Hodgson suggest 1,600), the rest being taking prisoner or managing to flee to .

All I can say is read: Captain John Hodgson’s memoirs and Major John Sanderson’s Letter dated 20 August 1648, regarding the inaccurate statment from the applicant, as it is the historical aspects of the heritage asset verses the applicants proposed development that is under scrutiny. To inaccurately mislead historical information in order to show the benefit of the development over the heritage asset makes the the applicants claim implausible. Especially, as the applicant has

Page 3 of 36 referenced Ward’s documentation where Hodgson’s and Sanderson’s documents have been reproduced to correctly quote. It is noted that the applicant has not even mentioned the role of Sanderson important correspondence as to the course of the battle and the important position the area of Newton Park.

4. PARKSIDE LINK ROAD ENVIRONMENTAL STATEMENT VOLUME 1 6.3.28 Battle of Winwick 19th August 1648, Winwick, Warrington (List Entry Number 1412878) (RHB1). Also known as Red Bank Civil War Battle and the Battle of Winwick Pass, lasted for three days from 19th August 1648. The conflict took place between Lieutenant General Cromwell and the rear of the Duke of Hamilton's retreating army, commanded by Lieutenant-General Bailey. A number of musket balls have been found within the study area, to the south of the Proposed Scheme, potentially testifying to the conflict. Hamilton’s army was defeated, and the foot soldiers took refuge in Winwick Church. Local tradition records that some soldiers were executed in Gallows Croft, on the opposite side of Hermitage Green Lane to Red Bank.

Interesting use of Words “Duke of Hamilton's retreating army,”. To retreat would mean the Duke of Hamilton was returning to Scotland, in fact the Duke of Hamilton invasion was to march on to restore King Charles to his rightful position as the divine ruler of the Kingdom of England.

5. APPENDIX A6.1: TEP Report BATTLE OF WINWICK REGISTERED BATTLEFIELD WINWICK, WARRINGTON HERITAGE IMPACT ASSESSMENT TEP have been commissioned to produce a Heritage Impact Assessment on behalf of Ramboll UK Ltd, on behalf of St Helens Metropolitan Borough Council, in association with planning permission for the Parkside Link Road project.

4.9 The Royalist army was defeated, and the remaining infantry took refuge in Winwick

Church. The opposition's cavalry managed to outmanoeuvre the fleeing soldiers which meant many were killed in the fields before they reached Winwick. Local tradition records that some soldiers were executed in Gallows Croft, on the opposite side of Hermitage Green Lane to Red Bank. Major John Sanderson, a parliamentary officer), recorded that "all the highways, corn fields, meadows, woods and ditches were strewn with the dead all the way from Wigan to Warrington" (HE 2018). Due to the defeat at Winwick, surrender was soon given by the Royalist Cavalry at Warrington, and consequently the rest of the Royalist forces elsewhere in the south also surrendered, leading to the end of the Second Civil War. To the south of Hermitage Green Lane, a number of lead musket balls have been found within the study area (MEAS, 2017, pers. comm). This type of bullet for firearms was carried by both the infantry and cavalry during the Civil Wars in England. The lead bullets were also used in smaller cannon when engaging at close quarters and cannon balls held at Warrington Museum are purported to have come from the site.

Page 4 of 36 Interesting that this paragraph has the only mention and quote from Major John Sanderson, in the Appendix 6.1. Where the same letter written by Sanderson to which paragraph 4.9 quotes, has details of the battle. In Fact Sanderson writes details of his troop of Horse and other regiments were located on the left flank, this can only be in Newton Park. Also, Lieutenant John Hodgson of Colonel Bright’s Regiment of Foot (as at 1648, later became Captain), regarding Hodgson’s written observation of the battle, can only be seen by Hodgson from Colonel Bright’s Regiment also being situated on the left flank in Newton Park. These details of the battle have been surprisingly left out to detract the importance of Newton Park. As Newton Park is the proposed area of the two developments

The local tradition regarding Gallows Croft is not substantiated, as the correspondence written at the time Sanderson state at least 1500 were held in Winwick Church; Cromwell states 2000 prisoners and Hodgson states 4000 prisoners Where all quote circa 1000 to 1600 were killed in the heat of battle of Winwick. With Cromwell accepting capitulation at Warrington Bridge after the battle on 19 Aug 1648 and writing his correspondence to Parliament (London) on 20 August 1648 on the treatment and recording of Prisoners. For the claim to have executed in Gallows Croft when the prisoners were held in Winwick Church does not hold correct. As Gallows Croft is recorded on maps to have been in the fields where the Parliament army central and left flank faced the Scots in the area of Newton Park to the Post Road. In fact due to the realigning of the Post Road circa 1800-1810 by the Warrington/Wigan Turnpike Trust the actual location of the Gallows Croft area is more than likely situated where the current A49 Winwick Road and houses on the east of the A49. As the Newton Park area was first used as the Lord of the Manor Hunting ground then later used as a farm for cattle and pigs.

The maps that have been after 1849 to modern times shows that "Gallows Croft" location first being drawn the 1849 map nearer to Newton then subsequently being drawn nearer and nearer to Hermitage Green Lane, Winwick. The applicant now insisting that Gallows Croft is the actual Hermitage Brook Valley next to the A49 just to the north of Hermitage Brook. This area during the heat of battle would have been a major part of the battle at the post road defence by the Scots.

It must be pointed out that the Applicant in their document:

5. APPENDIX A6.1: TEP Report BATTLE OF WINWICK REGISTERED BATTLEFIELD WINWICK, WARRINGTON HERITAGE IMPACT ASSESSMENT concur to the field location being called Gallows Croft as shown in the 1849 map together with stating in both the Phase 1 and the PLR application documentation:

“the Site is Gallows Croft which is thought to be where many of the prisoners captured were hanged” and “Local tradition records that some soldiers were executed in Gallows Croft, on the opposite side of Hermitage Green Lane to Red Bank.”

The Archaeological Survey was undertaken by the applicants Parkside Regeneration LLP (St Helens Council as Highway Authority and company Langtree) for the Phase 1 development. The Applicant (St Helens Council as Highway Authority) for the Parkside Link Road (PLR) development, used the Archaeological Survey that was undertaken by Parkside Regeneration LLP for the Phase 1 development, as part of the PLR environmental Impact assessment. Thus confirming an overlap between the two proposed development. The Archaeological Survey was a factor stated in the St Helens Council Local Planning Authority Planning Officers Committee Report dated 17 December 2019 Assessments for both applications for the planning committee, who passed a simultaneous decision approving both applications. The Phase 1 application and PLR application by using the same Phase 1application Archaeological Survey; the Committee having the two separate Planning officers reports which stated the survey for the PLR Assessment paragraph 7.156 and for the Phase 1 Assessment paragraph 7.136,

Page 5 of 36 became a cross refer in documentation between the two applications as simultaneous determination in contravention to the proper operation of planning control under the [Wingfield] Judgment, paragraphs 63,64.

Show this area is of an Archaeological importance as to date no records exist of where the 1000 to 1600 Scots were buried after the battle. With the applicant now showing that Gallows Croft is a site where executions by hanging of the Scots took place and hence the name. The area needs to be investigated to prove if Gallows Croft is the site of the Scots burials

From the Maps held on the National Library of Scotland shows Gallows Croft as follows: https://maps.nls.uk/view/102344102 1849

Page 6 of 36 https://maps.nls.uk/view/126523337 1893

Page 7 of 36 https://maps.nls.uk/view/101104028 1894

Page 8 of 36 https://maps.nls.uk/view/126523340 1907

Page 9 of 36 https://maps.nls.uk/view/101104025 1908

Page 10 of 36 https://maps.nls.uk/view/126523343 1928

Page 11 of 36 https://maps.nls.uk/view/101104022 1929

Page 12 of 36 https://maps.nls.uk/view/101104019 1946

Page 13 of 36 https://maps.nls.uk/view/101104016 1951

Page 14 of 36 Phase 1 Application consultation August 2019 Taken From: RAIL_ALIGNMENT-1086449 submitted map for the Rail Spur shows Gallows Croft

Page 15 of 36 Taken from: GALLOWS_CROFT_BOUNDARY_ILLUSTRATIVE_SECTION-1084573

Page 16 of 36 Taken from: GALLOWS_CROFT_BOUNDARY_ILLUSTRATIVE_SECTION-1084573

Page 17 of 36 taken from: AMENDED_LOCATION_OF_TPOS_AND_LOCAL_WILDLIFE_SITES-1084426

As you can see the Gallows Croft has progressed south with now the Phase 1 and the PLR applications claiming that Gallows Croft is the area along the north side of the Hermitage Brook which is the Parliamentary Army area of attack across the valley conveniently away from the Phase 1 and PLR boundaries. This is indicating that Cromwell executed (only execution can occur after the battle has been won and not during the battle). With the Phase 1 applicant stating that Gallows Croft is where Cromwell executed prisoners and the environmental maps as part of the application show the location of gallows croft:

Where is the archaeological survey of Gallows Croft in Newton Park?

Page 18 of 36 The more likely history of Gallows Croft will have occurred during the time after the Norman Conquest 1066 where the Lord that controlled the area through to at least 1600 where the area north of Hermitage Brook was under the Barony of Newton. Gallows were usually at the borders of the town to warn travellers to enter in peace or else. As the Barony of Newton passed hands during the reign of Queen Elizabeth from the Langton's to Fleetwood's. Where Lord Newton (Fleetwood Family) was declared delinquent during the Civil War and in the early 1650's Lord Newton (Fleetwood Family) was sequestrated and had to first sell Newton Park, first sold to The Legh family in 1655, who subsequently sold Newton Park to William Banks, a private landowner in 1657; and secondly, the Fleetwood Family had to sell Barony of Newton, purchased by the Legh Family in 1660 for £3,500 (The Legh Family still have the Barony of Newton, Lord Newton).

Then the use of the gallows was more than likely, pre-Fleetwood, used as a sentence to charges through the Barons Courts which were held in Newton.

So the Phase 1 and PLR applications have two separate events, one, being an area for criminal prosecution, and two, being the place where Cromwell ordered disruptive Scots prisoners to be hung, at the area known as “Gallows Croft”. But since 1849 the record of this field is shown to be heading south with time to the point it is now along the Hermitage Brook Valley. The more likely Gallows Croft Location is where the Phase 1 and PLR applications are located using the 1849 map as follows:

1849 map showing the realigned Post Road (Mill Lane) circa 1800 to 1810 1849 map modified to show the original Post Road prior to 1800 and the more likely location of Gallows croft prior to circa 18 century.

Page 19 of 36 The End of the Baronial usage of the Gallows Croft With reference to the Sequestration of Sir Richard Fleetwood as detail in The Royalist Composition Papers vol II C-F by J.H.Stanning 1892 http://archive.org/details/recordsocietyfo08chesgoog https://ia902607.us.archive.org/18/items/recordsocietyfo08chesgoog/recordsocietyfo08chesgoog.pdf page 321 is John Fleetwood of Penwortham Page 323 is Sir Richard Fleetwood of Newton page 336 is Thomas Fleetwood The field known as Gallows Croft in 1640 to 1655 was Barker Close as reference in Stanning (Lodge Close was the field that was next to Newton Park Farm): Page 331 states Re a Petition from Phillip Roper, Gentleman. (First Series, Vol. liv.. No. 1,710, fol. 499.) Petition from Philip Roper, gentleman, setting forth that Sir Richard Fleetwood, then late of Chalwidge [Colwich], in the county of Stafford, knight, had demised to petitioner for a term of two hundred years certain lands lying within the parish of Winwicke, co. Lancaster, called Barker close and Lodge close, containing by estimation 117 acres, at a peppercorn rent. That petitioner the same year re-demised the said lands to Sir Richard Fleetwood for 199 years, for and in consideration of a yearly rental of £30, with a proviso that if any rent should be behind and unpaid for the space of half a year then the petitioner might re-enter into all the premises, &c. .

Page 332 LANCASHIRE ROYALIST COMPOSITION PAPERS. (First Series, Vol. c, No. 3,993, fols. 103, &c.) fo. 107. Letter dated at Warrington, 4 July, 1653, signed by Nicholas Cunliffe and Ro : Massey, mentioning that upon the petition of Phillipp Roper, gentleman, alleging that Sir Richard Fleetwood, knight, then deceased, by lease dated i December, 21 (?) Jacobi, in consideration of ;^300, demised to petitioner for a term of two hundred years certain lands in the parish of Winwicke, called Barker close and Lodge close, containing 117 acres, and that Roper in the same year re-demised it to the said Sir Richard Fleetwood for 199 years, in consideration of a yearly rent of £30 to be paid to the petitioner during the said term, they were required to examine the matter of the said petition with witnesses on oath, and to certify the cause of the sequestration. In observance thereof, they certified that neither the petitioner, nor any on his behalf, at any time to their knowledge, either before them or the former Commissioners, produced any witnesses for proof of the matters alleged in the petition, and that, as they conceived, was the reason why the same had not up to that time been certified; and, having perused the survey of Sir Thomas Fleetwood's estate, formerly belonging to his father, made by Mr. Aspinwall, one of their fellow Commissioners (a copy whereof was enclosed), they did not find any such close as Barker close mentioned, only Lodge close, containing twenty-six. acres, which, during the lifetime of Sir Richard Fleetwood, was under sequestration for his popery and delinquency, and after his death two thirds of it only were sequestrated for the recusancy of his son the said Sir Thomas Fleetwood, as by an order (dated 17 October, 1650) appeared.

So Lodge close is stated as being 26 acres and therefore, Barker Close was said to be 117 – 26 = 91 acres in size though no record could be found only the Letter dated at Warrington, 4 July, 1653, signed by Nicholas CunlifTe and Ro : Massey, mentioning that upon the petition of Phillipp Roper, gentleman.

Page 20 of 36 So where was Barkers Close and Lodge Close?

Using the Yoxhall Map dated 1745

Page 21 of 36 1745 Yoxhall Estate map from website: www.newton-le-willows.com

Yoxhall map 1745 with the addition of Barker Close and Lodge Close (red text)

Page 22 of 36 When the Barony of Newton owned by the Fleetwood family had to sell Newton Park due to being sequestrated in 1655 to William Banks. Was it William Banks who renamed Barker Close to Gallows Croft?? Or was it already known as Gallows Croft, as Barker Close was shown in the sequestration court transcript by Stanning: “they did not find any such close as Barker Close mentioned”?

It becomes a matter of interpretation of the written evidence at the time. But one thing, both Barker Close and Gallows Croft appear to be victims of local hearsay.

When the road was realigned in 1800-1810, did the road engineers find unmarked graves of those who were sentenced to the gallows, or Civil War artefacts, during the re-aligned road construction.?

Hence the name was created and the Cromwell myth?

Page 23 of 36 Another Map of 1745 taken from the Planning applications St Helens Council P/2009/0830 or P/2009/0831 confirms the location of Lodge Close:

As this map has a reference number and identity for each field the Legh Estates information that accompanies the Yoxhall Map 1745 will confirm field names.

Page 24 of 36 BUT, St Helens Council in 2006 show in the list of local sites the following entry: Downloaded file name: lsn-97-gallows-croft.pdf from the website: https://www.sthelens.gov.uk/media/9941/lsn-97-gallows-croft.pdf Where extracts follows:

Page 25 of 36 Page 26 of 36 Page 27 of 36 Where only the local plant species are listed as this is assessed by the Merseyside EAS 31/01/2006, where the record map shows the Gallows Croft site in name only not as to its true origin. The name Gallows Croft in this document does not reflect why the name has been attributed to this steep sided area directly north of the Hermitage Brook along the Hermitage Green Valley and Hermitage Green Lane. [Note St Helens Council has incorrectly shown part of this Gallows Croft area as not following the borough boundary between the borough of St Helens and the borough of Warrington which is Hermitage Brook and not the northern corner of Hermitage Green Lane at the A49. This error has been translated to the Phase 1 maps shown above. The above maps show an undefined area of the boundary as being a line through the “boggy ground” to the south of Hermitage Brook and north of Hermitage Green Lane. This area can only be said to be a “Carr” being virtually permanently flooded due to the failure of the incorrectly sized culvert of Hermitage Brook under the A49 to drain the water in this area. With the recent culvert works in November 2017, The area has become a permanently flooded that drains only under the Turnpike Trust road and Highways Authority foundations for the A49. As this area clearly shows no definitive boundary the two respective councils agreed that the Hermitage Brook was a definitive boundary line at this area and not the mythical undefined line as shown of the maps.

The Winwick with Hume 1835 Tithe plan and 1849 Tithe information Taken from A to Z Map Street Atlas Warrington 1996 Edition 1 Edition 1A (Part clearly shows the lands are owned by the incumbent Reverend of Revision) 1998 Winwick Church since and before as detailed in the Doomsday Book 1086.]

The change of boundary confirmed on an official A to Z map 1998 below. Note that Newton Brook is shown to be the border between Merseyside and running along Hermitage Green Lane, instead of the correct name, Hermitage Brook. This incorrect naming could be the cause of a wrong description of the Battle of Winwick Pass at the onset of Historic England’s planning application proposal for public consultation to register the battlefield in October/November 2017; registered on 31 January 2018.

Page 28 of 36 Page 29 of 36 One point from the Tithe Plan is field number 50 ‘Pool Meadow’, this field as recorded is named for a reason. This is named accordingly as a flood plain for Newton Brook in times of excessive weather conditions where the upstream flow of Newton Brook and Hermitage Brook could burst the banks of Newton Brook to alleviate downstream flooding and hence its name Pool Meadow. In recent years the owner of Pool meadow has created Cop Holt Wood Stables which has partially covered Pool meadow, unsure whether planning permission was applied for to Warrington Borough Council; or even the Environmental Agency or the Rivers Authority were made aware of this change to Newton Brook banking at Pool Meadow, or whether an Archaeological survey was undertaken? More recently the remaining area of Pool Meadow has had 1000’s of tonnes of rubble deposited and covered with top soil and sown as grass. The effect of this combination of rubble and top soil in Pool Meadow has raised the height of the field by 1 to 2 metres above the pool meadow flood plain level. These works on Pool Meadow is known not to have had a planning application for the works according to Warrington Borough Council, not sure if the environmental agency or the Rivers Authority were informed of this change to Newton Brook banking at Pool Meadow?.

This means that as Pool Meadow is no longer a flood zone for Newton Brook and Hermitage Brook then Newton Brook at Pool Meadow has a restriction due to the legal or illegal works to Pool meadow and Newton Brook banking. The consequence of this is that Newton Brook upstream will flood where the brook never flooded before, as well as the Hermitage Brook culvert under the A49 becomes a restriction for the current out flow of water upstream of Hermitage Brook. This is clearly seen along the Hermitage Green Valley, every time it rains, the valley floods and is now at a stage of being permanently flooded. This flooding will undermine the foundation structural integrity of the A49 as it crosses the Hermitage Green Valley.

To have the proposed Phase 1 and Phase 2 and eastern area of the Parkside Link Road to Woodhead Farm surface water flowing into Hermitage Brook as well as Newton Brook both now being restricted at Pool Meadow. The blame is on Warrington Borough Council, St Helens Borough Council, The Environmental agency, MEAS, and the Rivers Authority for failing to oversee the alteration(s) of Pool Meadow. From the St Helens Local Wildlife Site (LWS) for the South Newton Area shows Newton Brook bank within St Helens borough is also designated as a LWS, so the act of raising the level of Pool Meadow will affect the Newton Brook LWS. This had to have been a concern for the Conservation Officer(s) and the other authorities about the legal or illegal raising of Pool Meadow.

Conclusion The area shown as Gallows Croft is not just the area registered as a Local Wildlife Area but historically the field directly north that extends to the A49 entrance. This area is of archaeological importance as due to the given name and the fact that the field name was not stated in the Sequestration court of Lord Newton (Fleetwood Family) in the 1650’s. Therefore could be that Gallows Croft was indeed a consequential name given to the field following the Civil War and in particular the Battle of Winwick Pass.

If the Fields in Winwick were named as Scotch fields, Butch Crow, Butchers field, to mark the battle that occurred on 19 August 1648, then more than likely the possibility the field(s) in Newton could have also been named similarly to mark the battle. Thus giving credence to the local tradition that Oliver Cromwell could have order that the captured Scots if the prisoners did not obey order to put them to death. This is recorded by Cromwell himself in the Letter sent to Westminster from Warrington on 20 August 1648, for the Parliament Army guarding the Prisoners after the battle at Preston on 16/17 August 1648:

Page 30 of 36 “I have left Colonel Ashton's three regiments of foot, with seven troops of horse (six of Lancashire and one of Cumberland), at Preston; and ordered Colonel Scroop with five troops of horse and two troops of dragoons, 'and' with two regiments of foot (Colonel Lascelles's and Colonel Wastell's), to embody with them; and have ordered them to put their prisoners to the sword if the Scots shall presume to advance upon them, because they cannot bring them off with security.”

This could have been the same situation at Winwick Pass on 19 August 1648 on the battlefield between 3pm to 6pm, Cromwell order the same fate as the Scots infantry soldiers were captured, before Cromwell rode to Warrington where that evening with capitulation terms were discussed with the Scots Commander Lt- Gen William Baillie from 8pm to 9pm where the capitulation document was signed shortly after 9 pm at the Spotted Leopard, Warrington.

This places credence that the field known and named as “Gallows Croft”, as detailed on the 1849 map, could have graves of those Scots Prisoners who “if the Scots shall presume to advance upon them, because they cannot bring them off with security.” But as the Parliamentary Army were following the Solemn league and Covenant where in the article called those who were against the Covenant were classed as Malignants were to be treated accordingly. The rope was preferential over the sword from those Parliamentarians guarding the Scots prisoners, while Cromwell was at Warrington. Hence the Field was named Gallows Croft. The naming of the field, “Gallows Croft” due to the actions that took place is in line with the naming of the field in Winwick as “Butchers Field”. These field names give a confirmation of the account of the actions in the heat of the battle and the immediate aftermath, was hard fought and severe consequences liberally handed out by the Parliament Army. These methods of dispatch of the Scots was recorded by Major Sanderson in his letter to his father from Warrington 20 August 1648:

“In the Field and the Towne was slain in that three houres about 1600 men, and a whole Church full of prisoners takjen, we think there coould be no less than fifteen hundred Prisoners in the Church.

We pursued to Warrington Bridge, which the Scots kept till oour body came up. It is wonderful to see how many are slain all the way .... all the high wayes, Corne fields, Meddows, Woods and Ditches strewed with dead bodies.”

Therefore, the name of the field “Gallows Croft” has not been investigated archaeological terms to confirm whether the field has graves of those unfortunate Scots.

The area of Gallows Croft adjacent to the rear gardens of the Winwick Road Houses This area of Gallows Croft adjacent to the rear gardens of the Winwick Road Houses has not been archaeologically surveyed In the two proposals: the Link Road and Phase 1 Unit C both require the Colliery waste material to be removed to facilitate the developments. The waste removal is considered either to be moved off-site, or spread over the area in particular to be part of the ‘bund’ mound directly next to the Winwick Road houses to a depth of several metres, regardless of the poisons the waste from the middle of the spoil heaps still contain. The gardens will be in direct line for any remaining poisons from the colliery waste material to be washed on to their residents land. The bunds are directly on the area is within Gallows Croft having had no archaeological survey, where possible grave may still exist.

This is for the consideration of the inspector

Page 31 of 36 The Local Wildlife Area (LWA) The LWA is directly on the key main battlefield area of conflict. The LWS is directly being affected by having drainage channels directly cut into the LWS. The effect of these drainage channels will be the outlets of ALL the surface rain water from the Parkside Link Road and all the proposed unit roof areas and hardstanding concrete surfaces from Unit A, B, C, D, E, F and G. This rain water currently is absorbed in to the land within Newton Park so the majority of the land only impacts the Hermitage Brook, along with other areas as shown in the Flooding of Hermitage Brook documents. The extra surface water from the Proposed developments will flood the valley if 3cm of rain water could flood the valley (approximately 10,000 m2 in area) to a depth of 1.6m, Note If the Hermitage Brook is full then as this is a tributory of Newton Brook then as the Rains of 3 cm will impact Newton Brook as well; causing Hermitage Brook upstream of the Culvert under the A49 Winwick Road to back flow causing flooding to a maximum of 1.6m in depth over the 10,000m2. This flooding will impact directly on the Registered Battlefield and the LWS, and the owners of the Private land directly to the south of Hermitage Brook is flooding will impact through saturation on the foundations of the A49 Winwick/Newton Road; with the vibration from the heavy extra commercial vehicles using the A49 south to enter/exit the A49 entrance; this extra vibration from the commercial vehicle passing over the Valley and culvert could cause the now saturated foundations to slip in to Newton Brook. This is for the consideration of the inspector.

St Helens Gallows Croft LWS and Newton Brook LWS

(LWS marked in red)

Page 32 of 36 Conservation Areas Local planning authorities are obliged to designate as conservation areas any parts of their own area that are of special architectural or historic interest, the character and appearance of which it is desirable to preserve or enhance (1). Local planning authorities also have a duty to review past designations from time to time to determine if any further parts of their area should be conservation areas. Conservation area designation introduces a general control over the demolition of unlisted buildings and provides a basis for planning policies whose objective is to conserve all aspects of character or appearance, including landscape and public spaces, that define an area’s special interest. There are approximately 7,000 conservation areas in England. Conservation areas vary greatly in their nature and character. They range from the centres of historic towns and cities, through fishing and mining villages, 18th and 19th century suburbs, model housing estates, country houses set in historic parks, to historic transport links and their environs, such as stretches of canal. The special character of these areas does not come only from the quality of their buildings. Elements such as the historic layout of roads, paths and boundaries and characteristic building and paving materials all contribute to the familiar and cherished local scene. Designation of a conservation area gives broader protection than the listing of individual buildings. All the features, listed or otherwise, within the area, are recognised as part of its character. Conservation area designation is the means of recognising the importance of all these factors and of ensuring that planning decisions address the quality of the landscape in its broadest sense.

Designation and its effect Local planning authorities are under a positive legal duty to asses their area and review it from time to time to consider whether areas are suitable for designation, or to remain designated. The more clearly the special architectural or historical interest that prompted designation is defined and recorded, the better local plan policies and development control decisions will be in achieving the objective of sustaining and enhancing the area's character. In deciding whether to designate, an authority may take into account the resources likely to be required in the process of designation and appropriate follow-up of consultation and formulation of policies for the new area. Exceptionally the Secretary of State (for Digital, Culture, Media and Sport) may designate a conservation area anywhere in England in default of the local planning authority doing so. Advice would first be sought from Historic England. Also exceptionally Historic England can designate conservation areas in London after consultation with the relevant London Borough Council and the consent of the Secretary of State. There is no obligation to carry out a public consultation prior to designation and in cases of urgency there will be no time to do so. However, it is highly desirable that local consultation should take place as the greater the public support the more likely it is that policies will be implemented voluntarily. Changes to the external appearance of a building in a conservation area may require planning permission from the local planning authority that is not required elsewhere as some permitted development rights are curtailed.

Page 33 of 36 Demolition or substantial demolition of a building within a conservation area will require planning permission (opens in a new window) from the local planning authority. Any work planned to a tree in a conservation area must be notified to the local planning authority six weeks in advance so that the local planning authority may determine whether or how the work to the tree should take place. Under the National Planning Policy Framework (NPPF) conservation areas are designated heritage assets and their conservation is to be given great weight in planning permission decisions.

Conservation area policies Local planning authorities are under a duty to formulate and publish proposals for the preservation and enhancement of conservation areas (2). Policies need to be developed which clearly identify what it is about the character or appearance of the area which should be preserved or enhanced and the means of achieving that objective. This is in addition to the obligations to make local development plan policies under the NPPF. A description of the significance of the area and which buildings and features make a positive contribution to it and which detract would be particularly helpful in interpreting how NPPF and local plan policies will apply to the area. The Act requires that the authority's proposals for the preservation and enhancement of a conservation area be formulated and submitted for consideration at a ‘public meeting’. Residents, amenity societies, businesses, public utilities and the highways authority should be invited as it is important that conservation area policies are fully integrated with other policies for the area, such as traffic management. Local planning authorities may set up conservation area advisory committees which should consist mostly of non-local authority people who represent the interests of residents and businesses and who are able to bring expertise or understanding of the area's history and amenity.

Permitted Development Although The Town and Country Planning (General Permitted Development) Order 2015 (GPDO) (3) allows certain minor developments to take place without specific consent, this is more restricted in conservation areas. Local planning authorities may withdraw permitted development rights for a prescribed range of developments that affect the external appearance of buildings in a conservation area by the use of a direction under Article 4 of the GPDO.

References (1) s69 Planning (Listed Buildings and Conservation Areas) Act 1990 (opens in a new window) (2) s71 Planning (Listed Buildings and Conservation Areas) Act 1990 (opens in a new window) (3) The Town and Country Planning (General Permitted Development) Order 2015 (GPDO)

Page 34 of 36 Map showing the Local Wildlife sites in Newton-le_Willows Near to the former Parkside Colliery in Newton Park.

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Page 35 of 36 Non-statutory sites Local Wildlife Sites (LWS) Local Wildlife Sites are sites with ‘substantive nature conservation value’. They are defined areas, identified and selected for their nature conservation value, based on important, distinctive and threatened habitats and species with a national, region. Found on both public and private land, LWSs vary in size and shape from small ponds and copses and linear features such as hedgerows, road verges and water courses to much larger areas of habitat such as ancient woodlands, heaths, wetlands and grassland. They support both locally and nationally threatened wildlife, and many sites will contain habitats and species that are priorities under the county or UK Biodiversity Action Plans (BAP). Collectively they play a critical role in the conservation of the UK’s natural heritage by providing essential wildlife refuges in their own right and by acting as stepping stones, corridors and buffer zones to link and protect other site networks and the open spaces of our towns and countryside. There are currently a number of different terms in use to describe Local Wildlife Sites, including Sites of Importance for Nature Conservation (SINCs), Sites of Nature Conservation Importance (SNCIs) and County Wildlife Sites. They are usually selected by the relevant Wildlife Trust, along with representatives of the local authority and other local wildlife conservation groups. The LWS selection panel, select all sites that meet the assigned criteria, unlike Sites of Special Scientific Interest (SSSIs), which for some habitats are a representative sample of sites that meet the national standard. Consequently, many sites of SSSI quality are not designated and instead are selected as LWSs. Consequently, LWSs can be amongst the best sites for biodiversity. It is essential, therefore, that the different status assigned to LWSs should not lessen the perception of their importance and the vital role they play in conserving our natural heritage. Defra published Local Sites: Guidance on their identification, selection and management in 2006.

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