HOW Planning LLP 40 Peter Street Manchester M2 5GP 0161 835 1333 howplanning.com Your ref: Our ref: 1715/JS/RJ 29 January 2018 Planning Policy Team Cheshire West and Chester 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 Lache 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 England 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 2 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.