Draft West Ashton Neighbourhood Development Plan 2018-2026 Decision Statement (Proceeding to Referendum)

DRAFT WEST ASHTON NEIGHBOURHOOD DEVELOPMENT PLAN 2018-2026 DECISION STATEMENT (PROCEEDING TO REFERENDUM)

1. INTRODUCTION

1.1. Pursuant to the Wiltshire Council constitution and in particular Part 3D, the Corporate Director for Place within whose remit Spatial Planning falls is authorised to make decisions on Neighbourhood Plan proposals following the examination of a Neighbourhood Plan proposal in accordance with the Town and Country Planning Act 1990 (as amended) and the Neighbourhood Planning (General) Regulations 2012 (as amended) and all other relevant legislation.

2. BACKGROUND

2.1. The designated area for the draft West Ashton Neighbourhood Development Plan comprises the whole of the parish of West Ashton. On 20th September 2017 Wiltshire Council formally approved that the West Ashton Neighbourhood Area (i.e. the land within the parish of West Ashton) be designated in accordance with the Neighbourhood Planning (General) Regulations 2012.

2.2. West Ashton Parish Council – the ‘qualifying body’, submitted the draft West Ashton Neighbourhood Development Plan 2018-2026 (submission June 2020), along with supporting documents, to Wiltshire Council on 29th June 2020 for consultation, independent examination and the remaining stages of the draft Plan’s preparation in accordance with the Neighbourhood Planning (General) Regulations 2012.

2.3. Following submission of the draft West Ashton Neighbourhood Development Plan, Wiltshire Council publicised the Plan and supporting documents and invited representations during the consultation period 3rd August 2020 to 28th September 2020.

2.4. In December 2020, Wiltshire Council appointed an independent examiner, Ms Ann Skippers BSc (Hons) MRTPI FRSA AoU, to examine the draft Plan and consider whether it should proceed to referendum.

2.5. The examiner’s report was received in March 2021 and concluded that subject to making the modifications recommended in the report, that the draft Plan meets the Basic Conditions and should proceed to referendum. The examiner also recommended that the West Ashton Neighbourhood Area (the parish area) is an appropriate area within which to hold a referendum.

2.6. In accordance with legislation, Wiltshire Council must consider each of the recommendations made in the examiner’s report, decide what action to take in response to each recommendation and what modifications should be made to the draft Plan in order to be satisfied that it meets the Basic Conditions and is compatible with Convention Rights. If the authority is satisfied, then a referendum must be held. Consideration also needs to be given as to whether to extend the area to which the referendum is to take place.

3. DECISION AND REASONS

3.1. Wiltshire Council must be satisfied that the neighbourhood plan meets the Basic Conditions, is compatible with the Convention rights and complies with the provision made by or under sections 61E (2), 61J and 61L of the Town and Country Planning Act 1990, or that the draft order would meet those conditions, be compatible with those rights and comply with that provision if modifications were made to the draft order.

3.2. Wiltshire Council has considered the examiner’s recommendations and reasons for them. Wiltshire Council has decided to make the examiner’s modifications with additional modifications by the Council to the draft West Ashton Neighbourhood Development Plan, for the purpose of correcting errors (which includes amendments necessary to achieve accuracy and consistency in the wording of policies and supporting text) and to ensure that it meets legal requirements, including the Basic Conditions as set out in legislation. Appendix 1 sets out these modifications, together with the reasons for them.

3.3. The Council is satisfied that the Neighbourhood Plan, as modified, complies with the legal requirements and can proceed to referendum.

3.4. The Council also agrees with the examiner that the referendum area should reflect the extent of the parish of West Ashton.

3.5. I declare that I have no private interest in respect of this matter that would prevent me from making this decision.

Signed:

Sam Fox Corporate Director for Place Wiltshire Council

Dated: 1st April 2021 APPENDIX 1

Modifications required to be made to the draft West Ashton Neighbourhood Development Plan (2018 – 2026) (submitted June 2020) in response to the Examiner’s recommendations and to correct errors

Guidance for using this document

The following table sets out the modifications that are required to be made to the West Ashton Neighbourhood Development Plan (2018 – 2026) (submitted June 2020) together with the explanation and reason for modification. This should be read alongside the report dated 17th March 2021 of the independent examiner, Ann Skippers to Wiltshire Council on the draft West Ashton Neighbourhood Development Plan.

Throughout the table, specific changes that are required are shown as follows:

• text in bold and underlined identifies new text to be added to the Plan.

• text that is shown as red italic strikethrough identifies text to be deleted from the Plan.

The relevant paragraph, policy and page numbering relates to the draft West Ashton Neighbourhood Development Plan (2018 – 2026) (submitted June 2020) together, hereafter referred to as the ‘WANDP’, as submitted to Wiltshire Council. For each change, the table sets out the examiner’s recommendation as set out in her report together with the modification that is required to be made to the neighbourhood development plan.

As a result of some modifications, consequential amendments may be required to the final WANDP to be published for the purposes of the referendum. These can include changing section headings, amending the contents page, renumbering paragraphs or pages and ensuring that supporting appendices and other documents align with the final version of the Plan.

1 APPENDIX 1

• Amend the title and date of document as follows:

“West Ashton Neighbourhood Development Plan 2018-2026 Submission Referendum Version 12.06.2020”

R2 Page 15 Page 5, EXAMINER COMMENT: In the interest of clarity. Paragraph 1.11 Point of accuracy to be corrected.

REQUIRED MODIFICATION:

• amend text in paragraph 1.11 as follows:

“West Wiltshire Local Plan First Alteration (2004) (WWLP) some of which policies are saved and remain following the adoption of the WCS and have informed the NDP.”

R3 Page 16 Page 10, EXAMINER COMMENT: In the interest of clarity. Paragraph 2.16, The housing requirement referred to in paragraph 2.16 is ‘indicative’. First sentence REQUIRED MODIFICATION:

• amend text in the first sentence of paragraph 2.16 as follows:

2 APPENDIX 1

R4 Page 16 Page 13, EXAMINER COMMENT: In the interest of clarity. Paragraph 2.27 Point of accuracy to be corrected.

REQUIRED MODIFICATION:

• amend text in the second sentence of paragraph 2.27 as follows:

“…The A350 to the west of the village is part of the Highways England Wiltshire Council’s Strategic Road Network and is a source of some frustration due to congestion and traffic fumes…”

R5 Page 17 Page 15, EXAMINER COMMENT: In the interest of clarity. NDP Vision, 3.7 The vision refers to “one planned site” and the Plan does not contain any site allocations, this should now be deleted.

REQUIRED MODIFICATION:

• amend text in paragraph three within the vision box as follows:

“Development in the main village will be limited to small scale infilling and one planned site sufficient to meet local needs. While being generally in keeping with the scale and materials used in existing buildings, any new houses should feature innovative design to reduce environmental impacts…”

3 APPENDIX 1

REQUIRED MODIFICATION:

• Replace Figure 2 on page 20 of the Plan with the new map in Appendix 1 to WC’s representation at Regulation 16 stage.

R7 Page 18 Page 19, EXAMINER COMMENT: For the avoidance of doubt Policy 1a and to ensure clarity of the The use of the phrase “open spaces” could be potentially misconstrued policy taking account of within Policy 1a. WC’s comments about greater clarity in relation to the national policy and guidance landscape, function and identity is accepted. Correction required to the and to be in general reference to the Trowbridge Bat Mitigation Strategy SPD. conformity with WCS and REQUIRED MODIFICATION: help to achieve sustainable development, in compliance • Amend text within the second and third sentence of the first with the basic conditions. paragraph of Policy 1a as follows:

“The area shown on Figure 2 below is designated as the West Ashton Landscape Setting Gap. The purpose of the designation is to protect the landscape setting of West Ashton village (the open spaces areas between the village and the Ashton Park Strategically Important Site at Trowbridge Urban Extension which make up the visual separation between these two locations), to prevent coalescence between Trowbridge and West Ashton village and to preserve a separate identity for the village. This area will be maintained and where possible also enhanced for biodiversity and recreation in accordance with the Trowbridge Bat Mitigation Strategy SPD. No development will be permitted in the West Ashton Landscape Setting Gap unless it is in accordance with policies in the development plan.”

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REQUIRED MODIFICATION:

• Amend bullet point 6 on page 18 as follows:

“The EIA submitted alongside Outline Planning Application (ref: 15/04736/OUT), for the scheme, in May 2015 does not adequately consider the impact of the scheme from the point of view of West Ashton residents, which it fails to consider as an important receptor. Despite the Landscape and Visual Assessments and Environmental Assessment carried out in relation to the Ashton Park development, residents of West Ashton still have concerns about the visual impact of the development.”

R9 Page 19 Page 22, EXAMINER COMMENT: To improve the precision and Policy 1b clarity of the policy and to The agreed masterplan for the proposed Ashton Park development remove repetition in compliance generally accords with this policy except for block tree planting to the with the basic conditions. West Ashton side of the newly routed A350. Amendments of the said Policy are required to help with enhanced clarity, remove unnecessary duplication or ensure that the policy aligns with the work undertaken in . line with strategic policy in the WCS.

With these modifications it will help to achieve well-designed places through the identification of what makes this Parish special and how this should be reflected in new development, conserve and enhance the natural and local environment, be in general conformity with the WCS, especially WCS Core Policies 29, 50, 51 and 57 and help to achieve sustainable development.

5 APPENDIX 1

REQUIRED MODIFICATIONS:

• In Policy 1b amend text within the third sentence of the first bullet point, delete text in the fourth bullet point and delete the last paragraph as follows:

“Policy 1b – Landscape setting of Ashton Park

Detailed schemes for the development of Ashton Park should demonstrate that the matters identified in Section 5 of the Landscape and Visual Setting Analysis Report have been positively responded to, in particular:

• Impact of the proposals on West Ashton Village, especially the preservation of the elevated views from the village including mitigation of the visual impact of roofs (for example by choosing colours that blend with the surrounding countryside). This is particularly relevant for the larger buildings of the proposed employment elements of any scheme. Landscape enhancement and appropriate tree planting should be considered as part of the associated proposals to modify the A350, especially at the point where the new junction is formed to achieve successful integration and minimise visual impact.

• Proposed development adjoining the Ashton Park buffer zone (defined as Major Open Space / Nature Park Extension’ on the Ashton Park masterplan A.0223_77- 01 REV: AC) should be of a lower density and address the proposed Landscape Gap in a positive way with appropriate landscape.

• Building design / height / scale must be carefully considered especially in respect of the proposed Employment area) to minimise its visual intrusion

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The open, rural setting of land within the West Ashton Landscape Setting Gap as defined at Figure 2 should be respected in accordance with the objectives of Policy 1a to ensure that the functions, openness and landscape value of the Landscape Setting Gap is not harmed”

R10 Page 20 Page 23, EXAMINER COMMENT: To ensure the Policy is clear Policy 2 and takes account of national Modifications are made to make it clear this policy can only apply within policy in compliance with the the neighbourhood plan area and to correct the reference to the basic conditions. Trowbridge Bat Mitigation Strategy SPD in Policy 2.

REQUIRED MODIFICATION:

• Amend text within Policy 2 as follows:

“The Ashton Park development insofar as it affects the plan area, should take every available opportunity to deliver sustainable transport connections, whether by foot, cycle or bus from the employment and residential facilities in the scheme to both Trowbridge and West Ashton village. This must include a safe and direct means of crossing the A350. All footpaths and crossings must consider the matter of lighting carefully. Low level lighting, in accordance with the Wiltshire Trowbridge Bat Mitigation Strategy SPD, should be employed where appropriate. Developers or those responsible for providing paths, crossings and other elements of sustainable transport in the parish are encouraged to consult directly with the county ecologist while working up designs for schemes.”

7 APPENDIX 1

Modifications required to be made to the draft West Ashton Neighbourhood Development Plan (2018 – 2026) (submitted June 2020) in response to the Examiner’s recommendations and to correct errors Reference Page in Related Recommendation and proposed modification Reason for modification number Examiner’s WANDP page Report / section R11 Page 21 Page 25, EXAMINER COMMENT: To improve the precision and Policy 3 clarity of the policy and help In Policy 3 criterion a) does not read clearly. Criterion b) is proposed to achieve sustainable be split to be clearer and also to future proof it. Criterion c) is amended to development, in compliance be clearer. A modification is also needed to change the reference to NDP with the basic conditions. policies to the development plan recognising that the neighbourhood development plan forms part of a suite of policy documents. Criterion f) has a small, but important modification, again in the interests of clarity.

REQUIRED MODIFICATION:

• Amend text within Policy 3 as follows:

“Policy 3 - Design

a) The design of new development must be appropriate in scale and bulk for both the rural setting and their neighbours. All new development should be appropriate in scale and form to ensure it respects both the rural setting of the village and its immediate local context. b) All new developments must consider the principles of the National Design Guide and any local design guidance or any successor documents and reflect, and where possible, how they can reflect and enhance both the rural character of West Ashton and its local habitats through the use of hedgerows and trees as design features and boundaries. c) While care must be taken near to historic buildings (such as the Church and Village School) not to adversely affect or clash with their settings or add a dominant and discordant factor to the wider landscape setting of the village, Whilst recognising and respecting the heritage of the village, innovative house designs which feature high levels of sustainability, low environmental impact and renewable energy will be supported subject to compliance with other NDP development plan policies.

8 APPENDIX 1

Modifications required to be made to the draft West Ashton Neighbourhood Development Plan (2018 – 2026) (submitted June 2020) in response to the Examiner’s recommendations and to correct errors Reference Page in Related Recommendation and proposed modification Reason for modification number Examiner’s WANDP page Report / section d) Developments which incorporate the small-scale generation of renewable energy, either individually or as a group scheme, will be considered favourably subject to other policies of the plan. e) Designs for any development involving renewable energy must seek to minimise negative impacts on neighbouring properties, and the wider landscape setting. f) Development must demonstrate how it links into or and supports existing networks of sustainable transport. g) All new development should incorporate trees and hedgerows as integral elements of the design of proposals and as boundary treatments where appropriate.”

R12 Page 22 Page 23, EXAMINER COMMENT: To correct a typo. Paragraph 4.15 There is a minor typo to be corrected in paragraph 4.15 on page 23 of the Plan.

REQUIRED MODIFICATION:

• Amend text within the second sentence of paragraph 4.15 as follows:

“West Ashton lacks a strong architectural character and appearance, whereby there is no designated conservation area within the village. The character of the village is one of buildings which are generally of smaller scale and appropriate in a rural setting, which is very distinctive to distinct from the Trowbridge urban area. Local features such as hedgerows and Cornbrash stone walls are valued, as are the remaining larger trees. These features also contribute to local urban habitat.”

9 APPENDIX 1

Modifications required to be made to the draft West Ashton Neighbourhood Development Plan (2018 – 2026) (submitted June 2020) in response to the Examiner’s recommendations and to correct errors Reference Page in Related Recommendation and proposed modification Reason for modification number Examiner’s WANDP page Report / section R13 Page 23 Page 27, EXAMINER COMMENT: For clarity and to comply with Policy 5, the basic conditions. And paragraph The proposed local green space (LGS) is referred to in Policy 5 and sets 4.15 of out what development might be permitted. This should be consistent with supporting text the NPPF which explains the management of development in LGSs should be consistent with that in the Green Belt.

Therefore, the policy needs modification to ensure that it takes account of national policy and is clear. A modification is also made to the supporting text to reflect this.

REQUIRED MODIFICATIONS:

• Amend the text within Policy 5 as follows:

“Development proposals will not be supported on areas designated as Local Green Space identified at Figure 4 below, other than in very special circumstances. These circumstances are: a) where there is an existing building/structure within the Local Green Space and the works are needed to maintain its viability/use into the future; or b) where the proposed development will be for the benefit of the community and will preserve the particular local significance of the space for which it was designated.

The area designated as Local Green Space (as identified on the map) is:

− Recreation Area (rear of Shepherds Drove) The area designated as Local Green Space (identified on the map, Figure 4, is Recreation Area (rear of Shepherds Drove).

Development in the designated Local Green Space will be consistent with national policy for Green Belts.”

10 APPENDIX 1

“Policies for managing development within a Local Green Space should be consistent with those for Green Belts. Amongst other things, the construction of new buildings in the Green Belt is regarded as inappropriate development. One of a number of exceptions set out in national policy to this, is the The provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, are not inappropriate development; as long as the facilities preserve the openness of the Local Green Space and do not conflict with the purposes of including land within it”.

R14 N/A Page 28, WILTSHIRE COMMENT: In the interest of clarity and Figure 4 completeness. Following the modification in R13 above, Figure 4 could also be usefully cross referenced in the interests of clarity and completeness.

REQUIRED MODIFICATION:

• Amend the Key in Figure 4 as follows:

“Recreation Area (rear of Shepherds Drove) West Ashton CP”

R15 Page 25 Page 30, EXAMINER COMMENT: To improve the precision and Policy 6b clarity of the policy and to The second element of Policy 6b is considered to be a strategic matter remove repetition in compliance for the whole of the development site and in any case the first part of the with the basic conditions. policy supports renewable energy in relation to all new development within the Plan area so there is an element of duplication. The second element should be deleted. The supporting text that refers to the urban extension can be retained as a matter of fact.

11 APPENDIX 1

• Delete the second paragraph within Policy 6b as follows:

“Policy 6b – Renewable Energy

Proposals for new residential development should maximise opportunities for energy efficiency in terms of passive and active design approaches to sustainable development, including the installation of renewable energy that is designed to take account of the rural character and appearance of the area.

The Ashton Park development should deliver some of its on-going energy requirement by means of renewable energy, including both private dwellings and street lighting. Innovative schemes will be welcome including those that make use of hydro and solar power, subject to acceptable impacts in terms of landscape and biodiversity including the Bath and Bradford-on-Avon SAC.”

R16 Page 27 Page 43, EXAMINER COMMENT: In the interest of clarity for the Appendix 5 purpose of most up to date A reference should be included about seeking the latest available information. information as this information may change throughout the lifetime of the Plan.

REQUIRED COMMENT:

• Add the following sentence to Appendix 5:

“The information in this appendix is correct at the time of writing the Plan. Up to date information on heritage assets should always be sought from Historic England or other reliable sources of information.”

12 APPENDIX 1

REQUIRED COMMENT:

• Add the following sentence to Appendix 6:

“The information in this appendix is correct at the time of writing the Plan. Up to date information on flood risk should always be sought from the Environment Agency or other reliable sources of information.”

R18 N/A Whole WILTSHIRE COUNCIL COMMENT: For precision, as a document consequence of the proceeding The final WANDP to be published for the purposes of the referendum, modifications. will need make consequential changes to paragraph numbers, contents page, appendices, formatting etc as necessary as a result of all changes listed above.

REQUIRED MODIFICATIONS:

• Make consequential changes to paragraph numbers, contents page, appendices, formatting etc as necessary as a result of all changes listed above.