“4.1.6 CWLP preparation process is subject to a sustainability appraisal, which considers options. All of the options which have been considered include some level of development within the rural settlements. The relevant full sustainability appraisal at the time of the TNP was entitled ‘Interim Sustainability Appraisal’ (November 2009, updated in January 2010) considered one of its options, Option D ‘Balanced Development’, which focussed significant development within the rural settlements as well as the larger settlements of the Borough. The 2012 Sustainability Appraisal has now been superseded by the Submission Sustainability Appraisal which was published in December 2013, which considers options for rural areas… and concludes that the preferred option is ‘20% of total housing requirement for rural areas including a specific housing provision in key service centres’, which reflects the approach of the publication version of the local plan. 4.1.7 The publication draft CWLP was drafted in a manner which is closer to Option B of the 2012 Sustainability Appraisal ‘Chester Based Development’ but nonetheless recognises that significant development will have to take place within the rural settlements of the Borough, including Tattenhall. That is reflected in the submission version of the Local Plan, in particular STRAT 8 proposes 4,200 new dwellings will be delivered within the rural areas within the planned period with 250 being proposed at Tattenhall. The scale and distribution of housing within the Borough in general and the rural areas in particular is the subject of extensive unresolved objections to the Part One CWLP.”
“the Neighbourhood Plan shall take account of policies set out in the emerging CWLP”
“There is some uncertainty in the short term over how successful the Neighbourhood Plan will be in prioritising the reuse of brownfield land, protecting the scale and character of Tattenhall and meeting local housing needs. This is due to possible tensions between the Neighbourhood Plan and the Borough’s current five-year housing land supply shortfall. This issue could take [precedence] over some of the Neighbourhood Plan’s proposals, but this would be dependent on variables that include the application of policies, the weight attached to the Council’s emerging Local Plan and the Neighbourhood Plan in decision making. In the medium to longer term very positive effects are more likely.”
“The number of new homes sought through the Neighbourhood Plan is consistent with evidence of housing needs prepared in support of Cheshire West and Chester Council’s emerging Local Plan. The Neighbourhood Plan sets out that proposals for new housing development will be reviewed to ensure they are supplying a mix of housing types and tenures to suit local requirements. A 40% affordable housing requirement will be applied to eligible housing schemes, reflecting local demand and that housing affordability is a key local priority. In the short term there is a risk that housing delivery will not address local needs, as these could be dictated by the housing requirements of the wider Borough. Positive effects should be permanent.”
“Developing the Plan Strategy and Options 3.16 The SEA directive requires the consideration and appraisal of reasonable alternative plan options in the assessment of the Neighbourhood Development. 3.17 The preparation of the draft Neighbourhood Plan has been an iterative process. Its direction of travel has been informed by extensive public consultation and a clear vision about how the Parish should develop. An exhaustive process of identifying, exploring and testing options has therefore not been appropriate or necessary in this instance. Existing policies 3.18 To help quantify the likely effects of producing a Neighbourhood Plan a ‘do nothing’ option has also been assessed. This identifies the likely sustainability impacts that would occur if the Neighbourhood Plan was not adopted and existing policies at the national, regional and Borough level were in place. 3.19 The ‘do nothing’ appraisal has been undertaken on the basis that in the short term the adopted Chester Local Plan and National Planning Policy Framework will be in effect, and in the medium to long term the National Planning Policy Framework and the new Cheshire West and Chester Local Plan (currently under preparation). Technical Difficulties Encountered 3.20 The SEA Directive requires the identification of any difficulties, such as technical deficiencies or lack of know-how encountered when undertaking the sustainability appraisal. The following difficulties arose during the appraisal: • Conformity and Weight – there is still some uncertainty over the alignment of the Neighbourhood Plan with the current and emerging development plan for the Borough and its weight in decision making. … … • Options – No alternatives have been proposed to the policies in the draft Plan, however its preparation has been an iterative process guided by a clear vision. Identifying options has not been necessary in this instance. 4. Results of the Assessment 4.1 An appraisal of the Neighbourhood Plan’s objectives and policies has been undertaken against the SA framework. … … Neighbourhood Plan Policies … 4.4 Given that the policy framework is set out more clearly than at draft stage the overall assessment is more certain at this stage. The full appraisal matrix set out in Appendix 2. In summary the assessment of the Neighbourhood Plan has revealed that: … • There is some uncertainty in how the Neighbourhood Plan policies would operate in relation to redevelopment of brownfield land, in light of the Borough’s five year housing land supply shortfall, status of current Local Plan policies on housing and that the Council is at the early stages of the preparation of the new Local Plan for the Borough. This issue could take [precedence] over some of the Neighbourhood Plan’s proposals, but this would be dependent on variables that include the application of policies, the weight attached to the Council’s emerging Local Plan and the Neighbourhood Plan in decision making. In the medium to longer term very positive effects are more likely.”
“Effects of the Plan The Plan supports meeting the identified needs of the area as will be set out in the new Local Plan for the borough, currently in preparation. The Neighbourhood Plan strategy will ensure that proposals for new housing development bring forward a mix of housing types and tenures to suit local requirements including affordable housing requirements. Existing Policies Existing policies should deliver housing to meet the Borough’s housing demands, but in the short term there is a greater risk that development may come forward without regard to the specific local circumstances of need given the Borough’s five year housing land supply shortfall, status of current Local Plan policies on housing and that the Council is at the early stages of the preparation of the new Local Plan for the borough. A 40% affordable housing requirement would be applied to eligible housing schemes in the Tattenhall area.”
“Sustainable development is about positive growth – making economic, environmental and social progress for this and future generations. These three dimensions constitute what is sustainable in planning terms. … People living in Tattenhall appreciate the special qualities the village possesses. It is a great place to live and in accommodating housing growth it will be vital that the qualities which make Tattenhall so successful are protected. Local people accept that new people will want to come and live in Tattenhall and this is important to any thriving and evolving community. This plan is not anti-development and the community understands the need to accommodate housing growth. But there is great concern that new development in Tattenhall could erode the very qualities that make the village special if it is not carefully managed in terms of its scale and design. The next layer of growth for the village must create developments of quality which contribute to the character of the village and which provide local benefit. It must be more than an exercise in meeting housing supply ‘numbers’ by the addition of characterless estates on the rural fringes of the village more typical of suburban developments. Our objective, therefore, is to enable the provision of a choice of new homes to meet the needs of all sections of the community in a manner which respects the character of the village and wider parish. … Strategy … Housing growth is to be accommodated in a sensitive way and the strategy for housing growth is explained later in this document (see Policy 1). This is primarily based on modest scale developments within and on the edge of Tattenhall village but also enabling smaller scale development across the Parish. Future growth based on large scale, inappropriate development along existing village boundaries will not be supported by the community. … The Neighbourhood Plan Policies … Housing Justification and evidence There are currently 1,090 dwellings in the parish of Tattenhall. Of these 847 are located in the village while the remainder are spread around the Parish including the smaller settlements of Gatesheath and Newton-by-Tattenhall. The Cheshire West and Chester Local Plan will set the agenda for housing numbers and growth within Tattenhall as a strategic service centre. Tattenhall is looking to plan positively to meet its identified local housing requirement and will respond to the supply of these new homes. The best villages have developed through incremental growth that harmonises with the existing character of their setting and buildings. It is essential that this continues to be the case in Tattenhall. The supply of new homes in the village and wider parish must be realised in accordance with the distinctive features, scale and grain of the local area. Housing sites must be carefully considered and will only be acceptable where they reflect these principles and are consistent with the Neighbourhood Plan taken as a whole. … The community recognises that housing development can sometimes bring wider benefits, such as the redevelopment of brownfield sites, securing the ongoing use of a building and providing much needed affordable homes. Such proposals will be supported in accordance with this policy and the Neighbourhood Plan. Community Feedback Consultation on the emerging Neighbourhood Plan revealed the following key issues in relation to this topic that the policy seeks to address: • Respect the current village character – 92% agreed • Add value and vitality to the community – 91% agreed • Add housing choice and meet local needs – 86% agreed • Comply with the Village Design Statement – 88% agreed • Be limited to 25 new homes over the next 5 years – 28% agreed • Be limited to 26-50 new homes over the next 5 years – 52% agreed • Be limited to 51-100 new homes over the next 5 years – 19% agreed • Use brownfield sites as a priority – 94% agreed The following plans, documents and strategies support policy 1: • National Planning Policy Framework • Cheshire West and Chester Local Plan • Chester District Local Plan • Cheshire West and Chester Strategic Housing Market Assessment • Tattenhall Village Design Statement • Tattenhall Neighbourhood Plan Sustainability Appraisal Scoping Report Policy 1 To enable managed housing growth in the Parish: • Proposals involving up to 30 homes will be allowed within or immediately adjacent to the built up part of Tattenhall village over the period 2010 to 2030. … Exceptions will be made where additional housing development involves the redevelopment of brownfield land (subject to its environmental value), the conversion of existing buildings or affordable housing-led ‘exceptions’ schemes. ‘Exceptions’ schemes will be allowed to contain an element of ‘enabling’ market housing, but no more than 30% in any individual scheme. All housing proposals should • Provide a mix of homes taking into account objectively identified housing needs, and include an element of affordable housing as specified in the Local Plan. The affordable housing will be subject to a S106 Legal Agreement, or planning condition, ensuring that it remains an affordable dwelling for local people in perpetuity. • Respect and, where possible, enhance the natural, built and historic environment. • Maintain both the existing overall shape of Tattenhall village, and the strong and established sense of place.”
“The Neighbourhood Plan will be delivered and implemented over a long period and by different stakeholders and partners. It is not a rigid ‘blue-print’ and provides instead a ‘direction for change’ through its vision, objectives and strategy. Flexibility will always be needed as new challenges and opportunities arise over the plan period. In this respect the review period will be crucial.”
“The Parish Council will work with developers and the Local Authority to deliver incremental growth over the Plan period.”
“The Tattenhall Neighbourhood Plan is a ‘living’ document and as such will be reviewed every 5 years.”
“The Tattenhall NDP covers the period from 2010 to 2030. A total of 20 years with 5 year reviews. This period has been chosen to align with the emerging Cheshire West and Chester Local Plan being prepared by Chester West and Chester Council.”
“(1) The local planning authority must submit every development plan document to the Secretary of State for independent examination.
“(2) The person or body must exercise the function with the objective of contributing to the achievement of sustainable development.”
“A draft order meets the basic conditions if— (a) having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order, (d) the making of the order contributes to the achievement of sustainable development, (e) the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area), (f) the making of the order does not breach, and is otherwise compatible with, EU obligations…” (a) having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order, (d) the making of the order contributes to the achievement of sustainable development, (e) the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area), (f) the making of the order does not breach, and is otherwise compatible with, EU obligations…”
“(1) The examiner must make a report on the draft order containing recommendations in accordance with this paragraph (and no other recommendations). (2) The report must recommend either— (a) that the draft order is submitted to a referendum, or (b) that modifications specified in the report are made to the draft order and that the draft order as modified is submitted to a referendum, or (c) that the proposal for the order is refused.” (a) that the draft order is submitted to a referendum, or (b) that modifications specified in the report are made to the draft order and that the draft order as modified is submitted to a referendum, or (c) that the proposal for the order is refused.”
“At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For plan-making this means that: • local planning authorities should positively seek opportunities to meet the development needs of their area; • Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change, unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; … ”
“Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth.”
“To boost significantly the supply of housing, local planning authorities should: • use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period; • identify and update annually a supply of specific deliverable sites sufficient to provide five years’ worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. …”
“Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites.”
“183. Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and deliver the sustainable development they need. Parishes and neighbourhood forums can use neighbourhood planning to: • set planning policies through neighbourhood plans to determine decisions on planning applications; and • grant planning permission through Neighbourhood Development Orders and Community Right to Build Orders for specific development which complies with the order. 184. Neighbourhood planning provides a powerful set of tools for local people to ensure that they get the right types of development for their community. The ambition of the neighbourhood should be aligned with the strategic needs and priorities of the wider local area. Neighbourhood plans must be in general conformity with the strategic policies of the Local Plan. To facilitate this, local planning authorities should set out clearly their strategic policies for the area and ensure that an up to date Local Plan is in place as quickly as possible. Neighbourhood plans should reflect these policies and neighbourhoods should plan positively to support them. Neighbourhood plans and orders should not promote less development than set out in the Local Plan or undermine its strategic policies.”
“Neighbourhood plans, when brought into force, become part of the development plan for the neighbourhood area. They can be developed before or at the same time as the local planning authority is producing its Local Plan. A draft neighbourhood plan or Order must be in general conformity with the strategic policies of the development plan in force if it is to meet the basic condition. A draft Neighbourhood Plan or Order is not tested against the policies in an emerging Local Plan although the reasoning and evidence informing the Local Plan process may be relevant to the consideration of the basic conditions against which a neighbourhood plan is tested.”
“An environmental assessment, in accordance with Articles 4 to 9, shall be carried out for plans and programmes referred to in paragraphs 2 to 4 which are likely to have significant environmental effects.”
“Where plans and programmes form part of a hierarchy, Member States shall, with a view to avoiding duplication of the assessment, take into account the fact that the assessment will be carried out, in accordance with this Directive, at different levels of the hierarchy. For the purpose of, inter alia, avoiding duplication of assessment, Member States shall apply Article 5(2) and (3).”
“1. Where an environmental assessment is required under Article 3(1), an environmental report shall be prepared in which the likely significant effects on the environment of implementing the plan or programme, and reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme, are identified, described and evaluated. The information to be given for this purpose is referred to in Annex 1. 2. The environmental report prepared pursuant to paragraph 1 shall include the information that may reasonably be required taking into account current knowledge and methods of assessment, the contents and level of detail in the plan or programme, its stage in the decision-making process and the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment.”
“(a) an outline of the contents, main objectives of the plan or programme and relationship with other relevant plans and programmes; (b) the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme; (c) the environmental characteristics of areas likely to be significantly affected; (h) an outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information.”
“25. The consultation undertaken set the framework for deciding the reasonable alternative options for the policies in the Neighbourhood Development Plan and informed the decisions taken on what the draft policies would contain. Those options that had not commanded community support were not considered to be reasonable to take forward in the draft plan. Therefore, reasonable options were determined through the community consultation exercise. 26. The outcomes of the public consultation are set out in the justification and evidence section for each of the policies in the Neighbourhood Development Plan. These results demonstrate what would and would not be supported by the community.”
“… The draft policy reflected that the community supports new housing growth in line with the growth proposed in the emerging Local Plan, but [the steering group] wish that development to come forward in a phased manner and at a scale that reflects the existing character of the area’s setting and buildings. The result was Policy 1 which sets out how managed housing growth in the Parish should come forward. The limit of 30 homes per site is only one part of the policy which includes other guidance for future housing development. … This was considered to be the only reasonable approach to housing taken in the Neighbourhood Development Plan that would… be supported by the community at referendum stage.”
“The question whether there is general conformity between the plans is a matter of degree and, as it seems to me, of planning judgment.”
“The strategic planning of the area is more than just housing numbers. Examples of strategic policies in the Chester District Local Plan which the Neighbourhood Plan is in general conformity with include policy ENV1 ‘Sustainable Development’ and policy HO3 ‘Affordable Housing’.”
“28. … This was a planning judgment made by the steering group following the consultation with the community. The community had indicated that preference was for 25-50 new homes in the next five years (52% agreed to this statement at the Vision and Objectives stage). There was less support for more than 50 homes in the next five years (19% agreed to the statement that new housing should be limited to 51-100 new homes over the next five years). This question was asked in the Vision and Objectives consultation document. … 29. In drafting Policy 1 the steering group took this strong preference into account, whilst agreeing to support the emerging housing figures in the new Local Plan. The draft policy reflected that the community supports new housing growth in line with the growth proposed in the emerging Local Plan, but they wish that development to come forward in a phased manner and at a scale that reflects the existing character of the area’s settings and buildings. The result was Policy 1 which sets out how managed housing growth in the Parish should come forward. The limit to 30 homes per site is only one part of the policy which includes other guidance for future housing development. This can be found on page 13 of the Tattenhall and District Neighbourhood Development Plan. This was considered to be the only reasonable approach to housing to be taken forward in the Neighbourhood Development Plan that would… be supported by the community at referendum stage. 30. The draft policies put forward in the Tattenhall and District Neighbourhood Development Plan reflected the outcomes of the community consultation process undertaken, the community-driven nature of the proposals and the clear vision the community had for the future of their area. The community support for the draft policies was confirmed at the referendum stage of the Neighbourhood Development Plan. … The local community gave a ringing endorsement to the plan, with an overwhelming yes vote (905 votes to 38). The ballot produced a convincing 51.8% turnout of the 1,822 eligible voters.”
“I am independent of the qualifying body and the local authority. I do not have any interest in any land that may be affected by the Plan and I possess appropriate qualifications and experience – I have land, planning and development experience, gained across the public, private, partnership and community sectors.”
“The question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.”
“What can confidently be said is that one is entitled to conclude that such an observer will adopt a balanced approach. This idea was succinctly expressed in Johnson v Johnson[2000] 200 CLR 488 , 509, at paragraph 53, by Kirby J when he stated that ‘a reasonable member of the public is neither complacent nor unduly sensitive or suspicious’.”
“I am a Non-Executive Director of Himor Ltd, a Manchester-based land and property company. My role is strategic/advisory only and comprises monthly attendance of Board Meetings. Himor has legal interest in land across North West England and this includes a site promoted for development on the urban edge of Chester, within the Chester ring road. Promotion of this site is at an early stage. I confirm that I have had no involvement with the local authority or qualifying body in relation to this site and that, as a Non-Executive Director, I have not and do not have day to day involvement with this site.”
“HIMOR has submitted representations on the draft Cheshire West and Chester Council Local Plan. The draft plan proposes to release Green Belt land south of Chester (land at Wrexham Road) for a residential development of approximately 1300 dwellings, but Hoole Gate is not currently proposed as an allocation. Our representations raise the following concerns about the Local Plan as drafted: * the proposal Borough-wide housing requirement is insufficient to meet objectively assessed needs; * the plan does not provide for a 5 year supply of housing land; * insufficient land is identified for development around Chester; …”
“5. The majority of my professional time is spent inspecting and preparing reports on residential and commercial property mostly in the Chester, Ellesmere Port and Wirral areas… I am therefore very familiar with the residential market around Chester. 9. I understand that Wainhomes are seeking to develop 133 homes on land at Greenlands, Tattenhall, near Chester and that Barratt are seeking to develop 68 homes on an adjacent site at Brookhall Cottages, Tattenhall, near Chester. 11. I have been asked to provide my opinion as to whether these developments could be considered to be in direct competition for purchasers with a third proposed development known as Hoole Gate, which is to the Chester suburb of Hoole, to the East of Chester. That is to say whether the market for such properties in Tattenhall overlaps with or is distinct from that of Hoole Gate. 20. Summary of general similarities. … Both locations are likely to be offering similar house types. 21. Conclusions. … I consider the similarities in market appeal between the two sites to be strong. I believe that fundamentally they will appeal to the same markets… … They are plainly competing sites for the same purchasers. At the very least there will be a significant overlap in prospective purchasers. 22. I therefore consider the proposed developments at Tattenhall to be direct competitors to the proposed development at Hoole Gate and vice versa… The three sites should be considered to be direct commercial competitors for the same or very similar prospective purchasers.”
“The sites in question are not directly comparable in terms of nature of the locations, and again must be viewed within the wider housing market context. There are many sites of similar character, size and price that are currently marketing properties and are commercially successful both in the areas around Tattenhall and the proposed Hoole Gate scheme, as well as in the wider area. Many of these have been brought to the market by the same developers.”
“The above evidence demonstrates that the sites in question will not be in direct competition with one another, both in terms of the stage in the planning process which they are in, and the locations which appeal to different purchasers. Although there may be some level of competition within this broad market in general, it is not something that would pose a threat to sales on either site. There is not limited housing supply in the area in question, and there are a number of sites that are in the process of being brought to the market which are much closer to Tattenhall. Therefore, even if these sites were brought to market at the same time, their locations and their housing market dynamics means that they are not in direct competition with one another and do not pose a threat to the commercial success of one another.”