Examination into Cheshire East Local Plan

Examination into Cheshire East Local Plan Matter 14.8 Middlewich Representation Ref: 649516 on behalf of Persimmon Homes August 2014

Mosaic Town Planning Lowry House 17 Marble Street Manchester M2 3AW 0161 638 8654 enquiries@mosaictownplanning.co.uk Prepared by: Version: Paul Williams Final Date: August 2014 Appendix 1: Appendix 2: Appendix 3: Appendix 4: Appendix 5: Plan of site Cheshire West and Chester Local Plan Submission Draft Policy STRAT7 Centurion Way Deliverability Statement Centurion Way Transport Appraisal Brooks Lane and Glebe Farm Strategic Location Note Persimmon Homes

KEY ISSUE: For all sites: Are the Strategic Sites and Strategic Locations fully justified, available, developable, sustainable, viable and deliverable within the Plan period? MIDDLEWICH a. General - Is the strategy for development at Middlewich, including the Middlewich Eastern By-Pass, appropriate, justified, effective, sustainable, viable, soundly based and consistent with the Plan s strategy, and has it been positively prepared in terms of the relationship with the Cheshire West & Chester Local Plan? Introduction In order to set the context for this response, it is appropriate to set out the nature of the interest of Persimmon Homes in Middlewich. The urban area of Middlewich is contained within Cheshire East, but it is immediately surrounded on 3 sides by land within Cheshire West and Cheshire (CWaC), including the recently approved Cheshire Fresh development which features a livestock auction market with associated food and rural enterprises. Persimmon Homes controls what is in our view the most obvious location for development in either local authority area in Middlewich, known as Centurion Way. This straddles the boundary of Cheshire East and CWaC, with the majority being in CWaC and is identified in Appendix 1. The submission CWaC Local Plan contains a specific policy on Middlewich (STRAT 7; included at Appendix 2), which must logically be taken as having the Company s land interest in mind. This could provide for an allocation in CWaC to meet the needs of Cheshire East, which Appendix 4 demonstrates is deliverable. Persimmon Homes

We appeared at the recent CWaC Examination on behalf of Persimmon and commented on the duty to co-operate, the treatment of housing market areas, the effect of the crossboundary Weaver Valley Regeneration Board and the relationship between housing and employment allocations in Middlewich. Following the Examination, the Inspector has produced an Outline of Main Modifications Needed for Soundness. This does not propose any change to Policy STRAT7 which must therefore be given considerable weight. The position of Persimmon Homes in Middlewich is unique by virtue of their having been the only party to address the cross-border issue at the CWaC Examination and through their control of the most obvious alternative development site in Middlewich which straddles the local authority border. The Strategy for Middlewich With reference to the amount of development, the submission Local Plan proposes that Middlewich should accommodate 1,600 new homes, of which 850 will arise from land designated for residential development at Glebe Farm (CS20) and Brooks Lane (SL9). This figure appears to be derived from the Middlewich Town Strategy, a background paper to support the Local Plan Strategy. This states that the strategy for Middlewich is to deliver in the order of 1,600 new homes by 2030, in addition to those sites that currently have planning permission and have been completed since 2010. It therefore appears that there is a discrepancy between the Local Plan target and the evidence base proposal, as the target in the former is not in addition to existing commitments. We return to compliance with the Duty to Co-operate below, but here it should be observed that this directly impacts upon need. When the urban area of Middlewich is surrounded on three sides by land in Chester West and Chester, and the councils are joint participants in the Weaver Valley Regeneration Board, it is simply not tenable that there has not been substantial formal engagement in an attempt to address the needs of this cross-border housing market area. This is contrary to paragraph 159 of NPPF and to National Planning Practice Guidance which notes that many housing market areas will in practice cut across local planning authority boundaries (ID: 2a-010-20140306). Persimmon Homes

There is the additional question of the relationship between housing and employment in Middlewich. Paragraph 158 of the National Planning Policy Framework says Local planning authorities should ensure their assessment of and strategies for housing, employment and other uses are integrated. Middlewich has the biggest employment allocation in the whole of Cheshire East with 75 Ha, but a much lower proportion of the authority s housing provision. We conclude that the amount of housing in Middlewich cannot be justified because it is not based on a strategy to meet objectively assessed development requirements identified in conjunction with the authority which surrounds it. Additionally, the allocations on which the delivery of the requirement is depending are, in combination, unsatisfactory. As a consequence, the plan cannot be considered sound. Regarding housing delivery, the following table derived from the indicative delivery schedules in policies SL9 and CS20 shows how the majority of dwellings from the Brooks Land and Glebe Farm allocations are envisaged to come forward in the middle or later phases of the development plan. Period: 2015-2020 2020-2025 2025-2030 Plan Period 2015-2030 Dwellings: 155 400 295 850 Per Annum: 31 80 59 56.6 This presumably reflects the lead-in times needed for the relocation of the many employment premises at Brooks Lane and delivery of the Middlewich Eastern Bypass at Glebe Farm, upon which we elaborate below. Given the need for delivery early in the plan period to address the shortfall in completions and satisfy the NPPF aim to boost significantly the supply of housing, this back loading of delivery is a potential concern without evidence of short term delivery from alternative sources or any evidence development will be achievable in the medium to long term. With an existing permission next to Glebe Lane Farm for 149 dwellings, it appears that there is excessive dependence on a single location at the southern periphery of the town which in unlikely to be justified by anticipated sales rates. The appended statement provides further detail on sales rates and un- Persimmon Homes

deliverability on land to the south of Middlewich. Given that Brooks Lane will not contribute in the first period and cannot be relied upon thereafter, a more dispersed housing distribution benefitting from closer proximity to Middlewich Town Centre would be more effective. With specific reference to the Eastern By-Pass, we discuss this under Matters 8 and 12. Intended to facilitate the completion of Midpoint 18 Business Park, it is listed as a Priority 1 scheme in the Infrastructure Delivery Plan. However, no timescale for delivery is given and it simply states that this will be linked to development. It adds that funding is required from the private sector but identifies a 6.6 million funding gap so that viability is not assured. Whilst reference is made to the Glebe Farm development below, the scope for contributions from additional viable housing developments such as at Centurion Way merits further consideration, in order to ensure that the scheme and the associated employment development is deliverable. Duty to Co-operate Notwithstanding our position that the requirements of the cross-boundary sub-area have never been assessed, the present position is that the housing proposed is to meet the needs of Cheshire East. This does not mean that the homes are best located on land contained within the Cheshire East administrative boundary. The Councils should have worked together to identify land around the town which is deliverable and/or developable within the plan period, and should the supply exceed the requirement then to identify the best option in land-use planning terms. There is evidence of initial co-operation which could have facilitated this. According to SD13 Duty to Co-operate, CWaC raised Whether housing and road improvements should be provided in the vicinity of Middlewich but within Cheshire West and Chester (p21). As noted in our Introduction, the submission CWaC Local Plan has recently been subject to Examination and following the Inspector s Modifications a specific policy (STRAT 7) on Middlewich is unchanged. As shown in Appendix 1, this includes the following: Persimmon Homes

Cheshire West and Chester Council will continue to work closely and effectively with Cheshire East Council to plan for sustainable development in and around the town of Middlewich. This will include, if justified, allocating land in Cheshire West on the edge of the town through the Local Plan (Part Two) Land Allocations and Detailed Policies Plan. The policy position of CWaC in the shape of STRAT7 provides a platform for future positive and constructive engagement on how to best plan for future development at the North West of Middlewich. The explanation states that Middlewich falls within Cheshire East but its built up area is tightly enclosed to the east, west and north by the borough boundary with Cheshire West and Chester. Land which lies within Cheshire West and Chester adjoining the built up extent of Middlewich could accommodate development consistent with the town's sustainable development. Furthermore, paragraph 5.56 of the Development Strategy for Jobs and Sustainable Communities for Cheshire East states that the Council will positively respond to CWaC allocating land to the north east of Middlewich for residential development. The Middlewich Town Strategy (BE085) produced by Cheshire East identified such a potential housing allocation at Centurion Way under reference H3, although the majority of this site is within Cheshire West. The strategy was produced by an advisory stakeholder panel and it ranks the site most favourably out of the greenfield options. Centurion Way is currently the subject of representations to the CWaC Allocations Plan by Persimmon Homes in accordance with Policy STRAT 7 above. However, Cheshire East instead chose to make a highly untenable housing allocation within its own boundary at Brooks Lane (SL9). This is a brownfield employment site, in multiple ownerships and with multiple existing occupiers. We further address its failings under Matter 14. We understand from our involvement in CWaC that this was a purely unilateral decision, and the tone of the Cheshire East response in its Duty to Co-operate statement (also p21) is consistent with this: The development proposed in the Local Plan at Middlewich is to meet Cheshire East s requirements and will be appropriately serviced by road improvements within the Borough. None of this development is dependent on road proposals in Cheshire West and Chester, nor is it required to meet that Borough s development requirements. Persimmon Homes

The settlement boundary of Middlewich is obviously irrational in terms of settlement form, and it is difficult to conceive of a more obvious example of where the Duty to Co-operate should be embraced and a Memorandum of Understanding produced by the Councils for the most rational outcome. However, there is no evidence of a continuous process of engagement from initial thinking up to the present position, as required by paragraph 181 of NPPF. The result is that the plan as it stands cannot provide the land and infrastructure required to support projected levels of development in Middlewich, due to the unjustifiable identification of a strategic location for 400 dwellings. The general development strategy for Middlewich therefore cannot be viewed as sound, because it is not justified as the most appropriate strategy when considered against the reasonable alternatives or effective when it is undeliverable. The proposed allocations are more simply the most administratively convenient. b. CS20: Glebe Farm - Is the proposal sustainable, deliverable and viable, has it addressed the impact on heritage assets, and how will it help to deliver the Middlewich Eastern By-Pass? Since representations were made by Persimmon to the Submission Draft of the Local Plan Strategy, outline permission (Ref: 13/3449C) has been granted by Cheshire East for residential development (approximately 450 dwellings), retail units (A1, A2, A3, A4 and/or A5) and supporting infrastructure at Glebe Farm. This is subject to a S106 agreement which includes a contribution for approximately 4.8m towards the Middlewich Eastern By-pass or local highway/sustainability measures if the MEB cannot be completed. According to the Infrastructure Delivery Plan (2014) submitted as part of the evidence base, there is a funding gap of 6.6m for the by-pass. The Committee Report for the Glebe Farm scheme (Ref: 13/3449C) refers to S106 contributions emanating from the consent ensuring completion of funding for Middlewich Eastern By-pass allowing Cheshire East Council to pursue its completion or otherwise flexible financial contributions which are targeted at local highway infrastructure improvements. This fall back position appears to indicate uncertainty over its delivery. Persimmon Homes

Given that 155 dwellings are assumed to come forward within 5 years from 2015, the 2.5 year lead-in time for such larger sites included in the SHLAA makes this unduly optimistic. This is particularly so with the adjacent sales outlet(s) at Warmingham Lane. Appendix 5, concerning Brooks Lane and Glebe Farm, outlines sales rates at the south of Middlewich in further detail. c. SL9: Brooks Lane - Is the proposal sustainable, deliverable and viable, has it properly addressed the impact on existing employment, flood risk and heritage and ecological assets, and should there be a more explicit reference to the need for a new railway station? The Council s justification for progressing the site relates to it being previously developed land within the urban area and being considered capable of providing good access to local services. It is assumed that 400 homes will come forward with a mix of other uses including retail, leisure and community facilities. The indicative phasing programme for development shows that 150 homes are to come forward during 2020-25 and 250 homes during the latter period of the plan between 2025 and 2030. The explanation makes reference to a potential railway station, but there is no evidence on siting or viability which would justify turning this into a specific and deliverable commitment. It is critical to note that this is an operational industrial estate in piecemeal ownerships and containing a significant number of operational and viable enterprises. We have searched in vain for justification of its proposed designation despite this. Please refer to the attached Strategic Location Note in Appendix 5 for further information. The site is referred to under reference H6 in the Middlewich Town Strategy and was identified as a potential housing option site for 200-400 dwellings subject to whether a marine was included. However, in ranking the suitability of the site for housing, this document did not address the effect of the site being in active use or the implications of loss of employment. This location and accommodation clearly meets the requirements for a number of Middlewich s employers. A Sustainability Appraisal followed in 2013, which graded the development potential of preferred sites. Due to its central location on previously developed land within the urban area, the site Persimmon Homes

performed well. However, this assessment failed to acknowledge the potential impact on the loss of employment, which obviously has negative implications for sustainability. Such a fundamental oversight in supporting evidence seriously undermines the soundness of the resultant policy. The Strategic Housing Land Availability Assessment (2013) identifies Brooks Lane as a strategic site, comprising three parcels of land with a potential yield of 300 dwellings to come forward in an 11-15 year period. The SHLAA overview of the wider site identifies the Brooks Lane site as developable, but not deliverable. The definition of developable is provided by footnote 12 of NPPF: sites should be in a suitable location for housing development, and there should be a reasonable prospect that the site is available and could be viably developed at the point envisaged. We do not accept that there is any such reasonable prospect, having regard to multiple ownership and occupancy, because the facts indicate that this is not the case and the Council has provided no evidence to the contrary to justify the designation. The 2014 Site Justification Paper adds nothing in this respect. Clearly, a piecemeal development of certain plots for housing in an operational employment area would be inappropriate as an alternative to a comprehensive delivery plan. Furthermore, the evidence base which attempts to appraise the potential of the strategic site accepts the positive aspects of utilising previously developed, accessible land within the urban area without even a basic assessment of the negative aspects. These include loss of existing employment and the extent of remediation necessary within the given timeframe. Whilst the provision of additional employment land to the east at Midpoint 18 (Policy SL10) may help to mitigate the impact of the loss of quantitative employment land at Brooks Lane, it is necessary to assess the resultant qualitative impact. As purpose-built new premises, Midpoint 18 will be a premium location and may not be a viable option for the variety of smaller businesses currently operating at Brooks Lane. In order to sustain a prosperous and dynamic economy, it is important that the employment portfolio include a range of sites to appeal to all sections of the market, including lower-cost premises for start-up businesses. There is no evidence that the loss and displacement of existing employers has been weighed in the Persimmon Homes

balance. This makes the reference under Policy SL9 to promoting conditions for business growth through regeneration (parag. 15.299) somewhat extraordinary. The above points are amplified in a Deliverability Statement produced by Persimmon Homes and included at Appendix 3. We have therefore provided clear and substantive evidence that Policy SL9 is neither justified, viable, deliverable or developable within the plan period and is unsound. d. SL10: Midpoint 18 Extension - Is the proposal sustainable, deliverable and viable, has it properly addressed the impact on flood risk and how will it help to deliver the Middlewich Eastern By-Pass? Persimmon Homes

APPENDIX ONE CENTURION WAY SITE PLAN Persimmon Homes

APPENDIX TWO EXTRACT FROM CHESHIRE WEST AND CHESTER LOCAL PLAN: POLICY STRAT 7

APPENDIX THREE CENTURION WAY DELIVERABILITY STATEMENT BY PERSIMMON HOMES Persimmon Homes

APPENDIX FOUR CENTURION WAY TRANSPORT APPRAISAL

APPENDIX FIVE BROOKS LANE AND GLEBE FARM STRATEGIC LOCATION NOTE

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