Local Plan (Part Two) Land Allocations and Detailed Policies

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1 Introduction

1.1 The Local Plan (Part Two) Land Allocations and Detailed Policies document was adopted on 18 July 2019. It provides further detailed policies and land allocations which support the strategic objectives and policies set out in the Local Plan (Part One), as part of the Council's aim to produce a comprehensive planning framework to achieve sustainable development in the borough.

Local Plan (Part One) Strategic Policies

1.2 The Local Plan (Part One), which was adopted by the Council on 29 January 2015, provides the overall vision, strategic objectives, spatial strategy and strategic policies for the borough to 2030. This includes setting out the level and location of new housing and employment land, as well as the identification of a number of strategic sites.

Local Plan (Part Two) Land Allocations and Detailed Policies

1.3 The purpose of the Local Plan (Part Two) is to provide the detailed policies and land allocations required to deliver the overall strategy for Cheshire West and Chester for the period to 2030. The amount of housing and employment land needed is clearly identified in Local Plan (Part One) and it is not the role of the Local Plan (Part Two) to include any policies which alter or amend these requirements. The extent of the Green Belt is a strategic matter and is defined in Local Plan (Part One).

1.4 The Local Plan (Part One) sets out that settlement boundaries will be identified  through the Local Plan (Part Two) for the four urban areas, key service centres and local service centres. Where there is a need to accommodate development on the edge of an identified settlement then the boundary has been drawn to reflect this, otherwise settlement boundaries reflect existing built development, the Green Belt boundary, Neighbourhood Plans where appropriate and, where relevant, extant planning commitments.

1.5 Some of Cheshire West and Chester’s development requirements have already been met through development that has taken place, or is committed through planning permissions granted since 2010. The Local Plan (Part Two) identifies the additional development sites necessary to meet the remainder of the Local Plan (Part One) requirements.

1.6 The Local Plan (Part Two) is structured around area-specific policies CH 1 to M 8, which include the land allocations and policies for the development of land within the settlement areas identified in the Local Plan (Part One). Then development management policies DM 1 to DM 55, which contain criteria against which planning applications for new development across the borough will be assessed, followed by the monitoring framework.

1.7 When adopted, the Local Plan (Part Two), in combination with the Local Plan (Part One) will replace all of the retained policies from the former district local plans: Chester District Local Plan, Ellesmere Port and Neston Borough Local Plan, Vale Royal Borough Local Plan, Cheshire Replacement Minerals Local Plan and Cheshire Replacement Waste Local Plan (see Appendix B for a list of the previously retained policies). Appendix C contains a glossary of explanatory terms.

Neighbourhood planning

1.8 The Localism Act 2011 gives local communities the power to help decide where development should go and the type and design of that development, by preparing neighbourhood plans for their areas. The Act places a duty on the local authority to support this work.

1.9 Town and parish councils and ‘neighbourhood forums’ in Cheshire West and Chester may set out their own planning policies and site allocations in neighbourhood plans. However, their neighbourhood plans will need to be in general conformity with the strategic policies of the Local Plan. A list of neighbourhood plans within Cheshire West and Chester is available here:
www.cheshirewestandchester.gov.uk/neighbourhoodplanning

1.10 Once approved by the local community at referendum, neighbourhood plans become part of the statutory development plan for the area.

Duty to Co-operate

1.11 Cross-boundary working has been embedded in the development of the Local Plan (Part Two) from the outset. In that respect, the Council has engaged positively with a wide range of public bodies and neighbouring authorities in the preparation of this plan, to resolve any remaining strategic cross-boundary issues. A Duty to Co-operate Statement forms part of the evidence base to the plan.

1.12 As noted above, the housing and employment requirements for Cheshire West and Chester are set within the Local Plan (Part One). The allocations proposed in the Local Plan (Part Two) enable these to be met within the plan area and it has therefore not been necessary to seek the assistance of adjoining authorities to achieve them. Co-operation with neighbouring local planning authorities has been mainly focused on addressing cross-boundary issues, such as in relation to transport or development proposals in or immediately adjoining these authorities.

Context

1.13 The policies and proposals in this document have been prepared having regard to the National Planning Policy Framework (NPPF), supplemented by the National Planning Practice Guidance (NPPG), the Marine Policy Statement (and forthcoming North West Marine Plan), High Speed Two Phase 2b Safeguarding Directions and individual policies on specific topics such as sustainable drainage, and starter homes. The Local Plan takes account of these Government policies and legislation, but does not repeat them and instead seeks to build on them.

North West Marine Plan

1.14 In coastal areas, the NPPF requires local planning authorities to take account of the UK Marine Policy Statement and marine plans and apply integrated Coastal Zone Management to ensure the integration of terrestrial and planning regimes. Marine planning, including the preparation of Marine Plans, will be carried out by the Marine Management Organisation (MMO). Marine Plans must be consistent with the Marine Policy Statement and will guide developers about where they are likely to be able to carry out activities or where restrictions may be placed on what they do.

1.15 Both the Dee Estuary and the Mersey Estuary fall within a proposed Marine Planning Zone but the Marine Management Organisation has only just started work on the North West Marine Plan for this area. Until the implications of this work are fully understood, it would be premature for the Council to pre-empt the outcome of the marine planning process by including a specific policy in the Local Plan. In the interim, the MMO is being consulted under the Duty to Co-operate.

1.16 The MMO should be referred to for guidance on any planning activity that includes a section of coast or tidal river. All planning decisions that relate to the UK marine area must be made in accordance with the UK Marine Policy Statement. The MMO is also responsible for issuing marine licences under the Marine and Coastal Access Act 2009. A marine licence may be needed for activities involving a deposit or removal of a substance or object below the mean high water springs mark or in any tidal river extent of the tidal influence. Any works may also require consideration under The Marine Works (Environmental Impact Assessment) Regulations (as amended). Therefore, early consultation with the MMO is advised.

High Speed Two Phase 2b

1.17 On 15 November 2016, Safeguarding Directions for development affecting the route and associated works for the High Speed Two rail project – Phase 2b: the Western Leg (Crewe to Manchester) and Eastern Leg (West Midlands to Leeds), with connections onto the existing network, were made by the Secretary of State. As required by the Safeguarding Directions, the Council will consult High Speed Two (HS2) Limited (Company No. 06791686), before determining any application for planning permission falling within paragraph 2 of the Safeguarding Directions.

1.18 The area safeguarded by the Safeguarding Directions has been taken into account in the preparation of the policies and land allocations contained within the Local Plan (Part Two). However, as the route is still to be considered in Parliament under the hybrid Bill procedures, and HS2 is likely to come forward well beyond the end of the plan period (2030), it is not considered necessary to include a specific policy on HS2 in the Local Plan at this stage. Further information, including maps of the land subject to the Safeguarding Direction, is available from:

https://www.gov.uk/government/publications/hs2-phase-two-safeguarding-maps-cheshire-east-cheshire-west-and-chester

Preparation stages

1.19 Preparation of the Local Plan (Part Two) commenced in 2014, with public consultation and evidence gathering under Regulation 18, carried out between May and June 2014. During 2015, the Council assessed the response to the consultation and commissioned additional evidence as necessary and considered the changes made to the Local Plan (Part One) through the examination process, which had implications for the scope of the policies to be included within the Local Plan (Part Two).

1.20 Further consultation on the Council's preferred approach for the Local Plan (Part Two), which included draft policies and allocations, alternative options, a draft policies map and a range of supporting evidence base documents, was carried out in between August and September 2016 for six weeks.

Evidence base

1.21 The Local Plan (Part Two) is supported by an up-to-date, relevant and proportionate evidence base in accordance with the requirements of the NPPF and the Town and Country Planning (Local Planning) (England) Regulations 2012. The key studies in the evidence base include the Housing and Economic Land Availability Assessment, Land Allocations Background Paper, Sustainability Appraisal, and Habitats Regulations Assessment. All of the studies and reports that comprise the evidence base are available on the Council’s website.

Sustainability Appraisal and Habitats Regulations Assessment

1.22 An integrated Sustainability Appraisal (SA) and Strategic Environmental Assessment (SEA) has been carried out at key stages in the preparation of the Local Plan (Part Two). Full details can be found in the accompanying SA report. The appraisal of the Local Plan has been an iterative process and it has played an important role in developing and refining the contents of the plan. Feedback from the appraisal process has helped shape the policies and site allocations includes in this document.

1.23 A Habitats Regulations Assessment (HRA) has also been undertaken to ensure that there are no significant adverse effects of the Local Plan (Part Two) on Natura 2000 (European Designated sites). The HRA has discounted all impacts except for a risk to air quality, and recreational disturbance from new residential and employment development. As a consequence, the HRA made a number of recommendations for project-level assessment and mitigation provision, which have been incorporated into the relevant policies in this plan.

1.24 An Equalities Impact Assessment, a Health Impact Assessment and a Rural Proofing assessment have also been carried out alongside the integrated SA and SEA. These assessments have formed an important part in the development of the Local Plan (Part Two) and enabled the Council to meet its obligations under the Public Sector Equality Duty. Full details are included in the SA report.

Community Infrastructure Levy (CIL)

1.25 The Council's Community Infrastructure Levy (CIL) including the Charging Schedule and associated documents were approved by full Council on 20 July 2017. The commencement date for CIL was 1 September 2017. The Charging Schedule, zonal maps and all associated documents are available to view and download from the Council's website at:

http://consult.cheshirewestandchester.gov.uk/portal/other/cil