LAND TO THE NORTH OF TOWN LANE, WHITTLE-LE-WOODS OUTLINE PLANNING APPLICATION FOR RESIDENTIAL DEVELOPMENT OF UP TO 250 DWELLINGS

STATEMENT OF COMMON GROUND

Appellant

Cass Associates

Studio 204 The Tea Factory 82 Wood Street Liverpool L1 4DQ

Tel: 0151 707 0110 Fax: 0151 707 0332 E-mail: [email protected] July 2021

Contents

1 Introduction

2 Description of the site and the area

3 The proposed development

4 The development plan and supplementary planning guidance

5 Areas of common ground

6 Areas of disagreement

7 Conditions and planning obligation – Land at Town Lane

1555/STATEMENT OF COMMON GROUND CASS ASSOCIATES July 2021 1 Introduction

1.1 This Statement of Common Ground (SoCG) has been prepared by Redrow Homes Ltd (the Appellant) and Borough Council (the Council). It sets out the position in relation to planning matters agreed between the parties in respect of

 Appeal B – Land North of Town Lane, Whittle-le-Woods (PINS REF: APP/D2320/W/21/3272314)

1.2 This SoCG sets out factual information relevant to the appeals and confirms the extent of agreement between the parties on key planning matters.

2 Description of the Appeal Sites and Areas

Land North of Town Lane, Whittle-le-Woods

2.1 The appeal site is well contained by strong features in the landscape. The northern boundary of the appeal site follows the valley of the River Lostock which is characterised by linear groups of woodland interspersed with areas of open land. There are signs of the former print works which once occupied the valley in the form of buildings and a reservoir but these are to the west of the application site.

2.2 The eastern boundary of the site abuts agricultural land beyond which lies the M61 corridor. The motorway is at a similar grade to the site. The highest site level is in the east. From there the land falls towards the River Lostock valley to the west and towards Town Lane in the south.

2.3 The southern boundary is formed by Town Lane. There are two groups of residential buildings on the northern edge of Town Lane which do not form part of the site. Town Lane is a link between the A6 and the A674 at . Along this route it passes under the M61 and over the Leeds-Liverpool canal. The appeal site extends to circa 13.27ha.

2.4 The carriageway of Town Lane varies in width between 5.5 metres and 7 metres. There is a footway which runs in part along the southern side of the road and in part along the northern side.

2.5 Three public rights of way cross the site. Two are along the northern edge (reference 9-22-FP14 and 9-22- FP16) to provide a pedestrian link from Town Lane to Hill Top Lane (crossing the River Lostock) and the other bisects the site (reference (9-22-FP15) to emerge onto Town Lane near to the Lucas Lane strategic pedestrian and cycle route.

2.6 The site is neither located within a Conservation Area nor within close proximity of any designated heritage assets or Tree Preservation Orders.

2.7 The EA ‘Flood Map for Planning’ shows that the majority of the site is located within an area outside of the extreme flood extent (Flood Zone 1), meaning it has a less than 0.1% (1 in 1000 year) annual probability of flooding. The north-western extent of the site, immediately adjacent to the River Lostock, is located within Flood Zone 3 – an area considered to be at flood risk with a 1% (1 in 100) or greater annual probability of fluvial flooding, and also within Flood Zone 2 – an area considered to be at flood risk with between a 1% and 0.1% annual probability of flooding. .

2.8 Whittle-le-Woods is recognised as a place where new housing development is appropriate. It is an Urban Local Service Centre (Central Core Strategy). The western most corner of the site sits within the Settlement Area boundary but none of the proposed housing is shown in this part of the site on the illustrative development plan submitted in support of the outline planning application. The remainder of the appeal site is designated as Safeguarded Land ((Chorley Local Plan 2012-2026).

3 The Proposed Development

Land North of Town Lane, Whittle-le-Woods

3.1 The appeal relates to residential development across an area of around 13.3 hectares of the Safeguarded Lane at Town Lane. The capacity has been assessed as up to 250 dwellings. At this scale there is an opportunity for a mix of house types and house sizes, including the delivery of affordable housing geared towards meeting local housing need. The affordable housing will be in compliance with the relevant planning policies of Chorley Council and will provide a 30% onsite provision of affordable housing.

3.2 The housing will form an extension to Whittle-le-Woods.

3.3 Access will be provided from Town Lane. In the context of the outline planning application the point of access is to be agreed. The structural landscape running through and around the new housing is of particular importance. It will give a setting for the new housing. It will also harbour the main off-road pedestrian and cycle links.

3.4 The landscape has many functions. As well as providing a framework for the housing, it will be an accessible amenity for the local community and a location where the planting mix can be designed to enhance biodiversity, particularly around the new surface water drainage ponds which are to be incorporated into the development.

4 The Development Plan and Supplementary Planning Guidance

4.1 In line with Section 38(6) of the Planning and Compulsory Purchase Act 2004 regard must be had to the relevant policies of the development plan and other material considerations in determining planning applications. This section of the Statement of Case provides an overview of relevant planning policy and guidance.

4.2 The development plan for Chorley comprises the Central Lancashire Joint Core Strategy 2012 and the Chorley Local Plan 2012-2026 (adopted 2015).

4.3 The National Planning Policy Framework (the Framework) is a material consideration. There is no Neighbourhood Plan either in progress or ‘made’ for the area within which the appeal site sits.

National Planning Policy Framework (‘the Framework’)

4.4 The Framework was updated in July 2021. It sets out the Government’s planning policies for England and how these are expected to be applied.

4.5 The Government places significant importance on the planning system to assist in significantly boosting housing supply. Planning applications for housing should be considered in the context of the way in which they will contribute to the achievement of sustainable development.

4.6 The overriding theme in The Framework is sustainable development. There is a presumption in favour of sustainable development (paragraph 11). 4.7 Paragraph 143 of The Framework covers the principle of safeguarding land for longer term development. 4.8 Paragraph 74 of The Framework and footnote 39 sets out the interpretation of the housing land requirements.

Central Lancashire Core Strategy

4.9 The Central Lancashire Core Strategy (CLCS) has been prepared jointly by Chorley, Preston and Councils and was adopted by all three authorities in July 2012.

4.10 Policy 1 identifies locations that are appropriate for growth and investment. Eccleston is recognised as a Rural Local Service Centre where limited growth and investment to help meet housing needs will be supported. Whittle-le-Woods is an Urban Local Service Centre where some growth and investment in new housing development is encouraged. Urban Local Service Centres benefit from short transport connections with services in the nearby towns (paragraph 5.52 Core Strategy)

4.11 Policy 4 of the Core Strategy sets a minimum requirement of 417 dwellings per annum in Chorley over the Plan period (2010 – 2026).

4.12 Five years after the adoption of the CLCS the three Central Lancashire Authorities entered into a Memorandum of Understanding (MOU 1) which confirmed that the housing requirement in the CLCS should be applied until the adoption of a replacement plan. This was informed by a Strategic Housing Market Assessment. The MOU concludes by stating that the document will be reviewed no less than every three years and will be reviewed when new evidence emerges that renders this MOU out of date.

4.13 Concerning housing density, Policy 5 of the Core Strategy states that the authorities will secure densities of development which are in keeping with local areas and which will have no detrimental impact on the amenity, character, appearance, distinctiveness and environmental quality of an area. It also states that consideration will be given to achieving the efficient use of land

4.14 Policy 7 of the Core Strategy concerns affordable and special needs housing. It states that a provision of 30% affordable or special needs housing will be required in the urban parts of Chorley, and 35% in rural area on

sites in or adjoining villages subject to site and development considerations such as financial viability and contributions to community services.

4.15 Policy 14 of the Core Strategy seeks to provide for education requirements resulting from new developments.

4.16 Policy 17 relates to the design of new buildings which should take into account the character and appearance of the local area.

4.17 Policy 22 looks to conserve, protect and seek opportunities to enhance and manage biodiversity and geodiversity assets.

4.18 Policy 27 relates to the incorporation of sustainable resources into new developments.

4.19 Policy 29 relates to the improvement of water quality, water management and reduction of flood risk in all new developments.

Chorley Local Plan (2012 – 2026)

4.20 The Local Plan has been prepared to accord with the broad spatial principles set out in the Central Lancashire Core Strategy but provides site specific guidance and detailed policies for the management of development. It also allocates and protects land for specific uses.

Safeguarded Land

4.21 The appeal sites are designated as Safeguarded Land. Policy BNE3: Areas of Land Safeguarded for Future Development Needs. The rationale for this designation is that the Green Belt boundaries should be long lasting and so land between some major settlements and the Green Belt is safeguarded for future development needs beyond the plan period.

4.22 Development other than that permissible in the countryside whether Green Belt or Area of Other Open Countryside will not be permitted on Safeguarded Land as shown on the Policies Map.

Footpath and Cycleway Connections

4.23 Policy ST1 of the Local Plan states that proposals for new development should provide facilities for pedestrians and cyclists to access nearby residential, commercial, retail, educational and leisure areas, where appropriate.

4.24 Policy ST1 also states that proposals to improve, extend or add to the existing footpath, cycleway and bridleway network in the Borough and in new development will be supported.

Public Open Space

4.25 Policy HS4A of the Local Plan states that all new housing developments will be required to make provision for open space and recreation facilities either on-site or with a financial payment in lieu of on-site provision where appropriate. This applies where there are identified local deficiencies in the quantity, accessibility or quality and/or value of open space and recreation facilities.

4.26 Policy HS4B states that new housing developments will be required to pay a financial contribution towards new playing pitch provision in the Borough or towards improvements to existing playing pitches. The financial contribution will be calculated using a standard of 1.21 hectares per 1,000 population.

Biodiversity and Nature Conservation

4.27 Policy BNE9 of the Local Plan concerns biodiversity and nature conservation. It states that new developments should result in a net gain in biodiversity where possible by designing in enhancements for wildlife and by ensuring that any adverse impacts are avoided or if unavoidable are reduced or mitigated.

4.28 Policy BNE10: Trees of the Local Plan stipulates, among other things, that proposals that would result in the loss of trees, woodland areas or hedgerows which make a valuable contribution to the character of the landscape, a building, a settlement or the setting thereof will not be permitted. Replacement planting will be

required where it is considered that the benefit of the development outweighs the loss of some trees or hedgerows.

General

4.29 Policy V2 of the Local Plan establishes the Settlement Areas in the Borough. Within these areas there is a presumption in favour of appropriate sustainable development, subject to material planning considerations and the other policies of the Development Plan. It is within these areas (and the strategic allocations) that the majority of development is envisaged to take place.

4.30 Policy BNE1 of the Local Plan covers the design criteria for new development giving consideration to the density, siting, layout, building to plot ratio, height, scale and massing, design, orientation and use of materials; that the layout, design and landscaping of all elements of the proposal, including any internal roads, car parking, footpaths and open spaces, etc. and ensuring that proposals do not result in significant detrimental impacts on the surrounding area or on natural habitats and landscape.

Affordable Housing Supplementary Planning Document (SPD)

4.31 The approach to affordable housing is set out in the Central Lancashire Core Strategy. Strategic Objective 8 in the Core Strategy seeks to significantly increase the supply of affordable housing particularly in areas of greatest need such as in more rural areas. The SPD builds upon Core Strategy Policy 7 which identifies that urban areas of Chorley require a 30% provision of affordable housing, and rural sites which are in or adjoining villages, that have, or will have a suitable range of services will require a 35% provision of affordable housing Other Supplementary Planning Documents (SPDs)

4.32 The preparation of the outline planning applications was informed by other SPDs. These provide the detailed explanation of policies in the development plan. The following SPDs are of particular significance:

4.33 - Design Guide SPD. This is described and referred to in the Design and Access Statement which accompany the outline planning application. A key objective of this document is to raise the level and quality of design of new buildings in the built environment and in doing so reinforce its unique character.

4.34 - Open Space and Playing Pitch SPD. This provides advice on how the Council’s open space and playing pitch policies, as set out in Local Plan policies HS4A (Open Space Requirements in New Housing Developments) and HS4B (Playing Pitch Requirements in New Housing Developments) are to be implemented.

4.35 - Biodiversity and Nature Conservation SPD. This relates to Core Strategy Policy 22 on Biodiversity and Geodiversity and Local Plan Policy BNE9 (Biodiversity and Nature Conservation). It explains the Council’s approach towards conserving, protecting and enhancing biodiversity.

4.36 Employment Skills SPD. This SPD introduces Employment Skills Statements and provides clarity as to how this requirement relates to the relevant policies set out in the Core Strategy and Local Plan as well as the guidance set out in the Framework.

Community Infrastructure Levy (CIL)

4.37 CIL applies to all planning permissions granted by Chorley Borough Council on or after 1st September 2013. It is a tariff that will be applied per square metre of new development. A charging schedule has been prepared by the Council and sets out the rates to be charged per square metre for different types of development.

4.38 An index-linked CIL charge of £65 per square metre is payable for new dwellings (excluding apartments). There is no CIL requirement for apartments. Affordable housing is also exempt from CIL payments.

4.39 The Infrastructure Funding Statement published by the Council sets out the infrastructure projects to be funded in part by the CIL. This includes projects relating to transport, cycle schemes, health, sports and recreational facilities, education and green infrastructure.

Emerging Planning Policy

4.40 The Central Lancashire Authorities of the Preston, South Ribble and Chorley are undertaking a review of the development plan(s) and are working towards the preparation of a Joint Local Plan for Central Lancashire. Once adopted, this will replace the current suite of development plans. The plan period is 2021 – 2036.

4.41 The preparation of the emerging plan, however, is at an early stage. An Issues and Options draft has been subject to consultation but there are significant stages to be followed in the preparation of the Joint Local Plan before it can be submitted for examination. Any unresolved objections to the amount, distribution and location of development will need to be fully considered at the examination.

4.42 The Information published with the Issues and Options draft included, at Annex 1, site suggestions by Chorley Council. In the site suggestions the appeal site is identified as a proposed site for residential allocation (Land west of the M61), subject to further work.

4.43 The Preferred Options (Regulation 18) Plan is likely to be subject to consultation in Autumn 2021, the Publication Draft (Regulation 19) is anticipated to be subject to consultation between October 2022 and December 2022, the Submission date is likely to be March 2023 and then there is the possibility of adoption by the end of 2023 (Central Lancashire Local Development Scheme, February 2020).

4.44 The early stage of preparation means that the emerging Joint Local Plan can be given limited weight (in accordance with the advice in paragraph 48 of the Framework).

5 Areas of Common Ground

Land North of Town Lane, Whittle-le-Woods

Ecology

5.1 The Greater Manchester Ecology Unit has raised no objection subject to conditions

Flood Risk and Drainage

5.2 United Utilities has no objection but suggested conditions relating to the need to review and approve detailed drainage layouts.

5.3 The Environment Agency raises no objection on flood risk grounds. The Lead Local Flood Authority has raised no objections subject to conditions.

5.4 Flood risk and drainage is capable of being adequately managed.

Amenity

5.5 There is a need to provide amenity greenspace in accordance with the Central Lancashire Supplementary Planning Document Open Space and Playing Pitches (August 2013) and an equipped play area (0.048 ha) on the site and a financial contribution towards the improvement of existing playing pitches. There is no requirement to provide or improve, natural or semi natural greenspace, parks and gardens or allotments. Public open space is to be managed and maintained by a dedicated management company.

Transportation and Traffic

5.6 Lancashire County Council (LCC) Highways consultation response was reported in an addendum to the 12 th April 2021 planning committee. The following conclusion was reached:

It has not been demonstrated that the proposed development can be safely accessed on foot and by cycling and bus stops are not within desirable walking distance of the site to allow use of public transport. The footways on Town Lane are of inadequate width and no improvement measures of the PROWs in the area are proposed by the applicant. The applicant has also not proposed any measures towards overcoming the numerous constraints on Town Lane.

5.7 Notwithstanding these comments, the Appellant is in discussion with LCC Highways about putting in place a Statement of Common Ground on transport and traffic.

Affordable Housing

5.8 The provisions for 30% affordable housing will be secured through completed S106 Agreement

Committee Conclusions

5.9 The Committee Report states that Members were minded to refuse the application for the following reasons.

1. The proposed development would be located within an area of Safeguarded Land as defined by the Chorley Local Plan 2012 - 2026. Chorley has a five year housing land supply as required by the National Planning Policy Framework. The proposal therefore conflicts with policy BNE3 of the Chorley Local Plan 2012 - 2026. It is not considered that there are material considerations put forward in favour of the development are sufficient to outweigh the presumption against it. 2. The application site is proposed in isolation from the wider site allocation BNE3.10 of the Chorley Local Plan 2012 -2026 and, therefore, leads to a piecemeal approach to the development of the wider site which results in an unsustainable form of development. It fails to consider patterns of movement and connectivity which means that the development does not integrate or function well with the surrounding area. The proposal does not, therefore promote sustainable transport options for people or secure a high-quality inclusive design. The proposal is, therefore, contrary to policy 17 of the Central Lancashire Core Strategy 2012, policy ST1 policy ST1 of the Chorley Local Plan 2012 – 2026 and the National Planning Policy Framework.

3. The application fails to demonstrate that the proposed development can be safely accessed on foot and by cycling and bus stops are not within desirable walking distance of the site to allow use of public transport. The footways on Town Lane are of inadequate width and no improvement measures of the Public Rights Of Way in the area are proposed by the applicant. The applicant has also not proposed any measures towards overcoming the numerous constraints on Town Lane. The proposal is, therefore, contrary to policy BNE1 (d) of the Chorley Local Plan 2012 -2026.

5.10 The council no longer seeks to defend reason for refusal 2. Relevant appeal decisions

It is agreed that there are a number of local appeal decisions which are of relevance to these appeals: • Land at Pear Tree Lane APP/D2320/W/17/3173275 • Land at Pear Tree Lane Euxton APP/D2320/W/20/3247136 • Land to the South of Chain House Lane, , Preston APP/F2360/W/19/3234070 (the original decision, the subsequent High Court ruling and the revised decision) • Land at Cardwell Farm Garstang Road, Barton, Preston APP/N2345/W/20/3258889

Affordable Housing

Across the three local authority areas in Central Lancashire there is a substantial need for additional affordable housing as evidenced in the Central Lancashire Housing Study, Iceni, March 2020.

5 Year Land Supply Matters of 5-year housing land supply are covered in a separate statement of common ground.

6 Matters of Disagreement

• The weight to be given to policy BNE3 of the Chorley Local Plan • The weight to be given to policy 4 of the Central Lancashire Core Strategy

Area of disagreement with regards to RFR3 on Town Lane are covered in the SOCG agreed between the appellant and LCC highways.

7 Conditions and the Planning Obligation – Land North of Town Lane, Whittle-le-Woods

Agreed planning conditions will be set out in a separate schedule. Planning Obligation

6.1 The parties will enter into a Section 106 Agreement. This will be completed in advance of the public local inquiry.

6.2 The principal Heads of Terms for the planning obligation are as follows:

Affordable Housing

The Landowner will covenant with the Council to ensure that:

i. 30% of the dwellings to be constructed on the land are constructed as Affordable Housing Units. 70% of the units should be social or affordable rented and 30% of the units should be shared ownership.

ii. The Affordable Housing Units are to be transferred to an Affordable Housing Provider. If an Affordable Housing Provider does not exchange a legally binding contract for acquisition of the Affordable Housing Units within 3 months of the date the units are first released for sale, the Landowner may offer the units as Discounted Market Units at 75% of the market value.

Provision and Management of Public Open Space

The Landowner will covenant with the Council to submit a Landscaping and Management Scheme for the Public Open Space (including on site amenity greenspace and equipped play areas) for approval prior to the first occupation of any dwelling on the site. Thereafter, the Public Open Space shall be laid out in accordance with the approved details (including the timing of provision) and maintained in accordance with the Management Scheme in perpetuity or until such time as the Council may approve an alternative management regime.

Contribution to the Improvement of Playing Pitches

The Landowner will covenant with the Council to make a financial contribution towards the improvement of off-site greenspaces based on the agreed number of dwellings at the reserved matters stage and in accordance with a programme of payments to be agreed.

Signed on behalf of the Appellant Signed on behalf of Local Planning Authority

Robin Buckley Chris Moister

Date 30.07.21 Date 30.07.21

Position Planning Director, Redrow Homes Limited Position Director of Governance, Chorley Council