Representations to the Chinnor Neighbourhood Plan ...

Representations to the Chinnor Neighbourhood Plan (Submission Version)

On behalf of Bellway Homes Limited (Thames Valley)

savills.co.uk

Representations to the Chinnor Neighbourhood Plan

On behalf of Bellway Homes at Land East of Crowell Road, Chinnor

Bellway Homes Limited (Thames Valley) March 2017 1

Contents 1. Introduction 1

2. Procedure for Neighbourhood Planning 3

3. Representations to the Draft Neighbourhood Plan 4

4. Summary / Other comments 9

Appendices 10

Appendix 1: Letter from Chinnor Parish Council (dated 10/03/2017) 11

Appendix 2: Outline Planning Application Approved Illustrative Masterplan 12




1. Introduction

1.1. This statement has been prepared by Savills on behalf of Bellway Homes Limited (Thames Valley)

(‘Bellway Homes’) in respect of Land East of Crowell Road, Chinnor (referred to as Crowell End Farm in

the Neighbourhood Plan) hereon in referred to as ‘the site’. It sets out Bellway Homes representations to

the draft Chinnor Neighbourhood Plan which was published for consultation until 21st March 2017.

1.2. These representations seek to ensure that the Chinnor Neighbourhood Plan, in meeting national and

local guidance, meets the basic conditions as set out in paragraph 8(2) of Schedule 4B to the Town and

Country Planning Act 1990 (as amended) and meets the National Planning Policy Framework (‘the

Framework’) requirements in being positively prepared and in “...general conformity with the strategic

policies of the Local Plan” (para. 184, the Framework).

Site Description

1.3. The site is approximately 10.2 hectares in size and lies 0.4km to the South of the village of Chinnor. The

site falls within the Parish of Chinnor and administrative boundary of South Oxfordshire District Council

(SODC).

1.4. The site currently comprises vacant agricultural land. The vehicular access to the site, which is currently

fenced off, is located off Crowell Road to the north western boundary of the site.

1.5. The northern boundary of the site borders existing residential properties. To the north-east of the site is a

parcel of land referred to as ‘Land South of Greenwood Avenue’ which is subject to a current outline

application (all matters reserved) for up to 140 dwellings and a separate full application for a vehicular

access from Greenwood Avenue (reference P16/S3284/O & P16/S3285/FUL). Beyond this site, reserved

matters approval has been granted for ‘Land adjoining Greenwood Avenue’ for 80 dwellings (granted

under reference P15/S0953/O on 07/10/2016).

1.6. The southern boundary of the site borders the Chinnor and Princes Risborough Railway, a privately

operated railway line used for recreational trips. A dense buffer of planting runs along the boundary

separating the site from the railway line. Beyond the railway line is the Old Kiln Lakes residential

development on the former cement works site. To the west of the site a Public Right of Way (PROW) runs

along the boundary beyond which is open agricultural land.

Site History

1.7. The site has outline planning permission (planning reference P14/S1586/O, appeal reference

APP/Q3115/W/14/3001839) granted on 14th October 2015 for residential development of up to 120

dwellings and open space with access off Crowell Road and all other matters reserved.




1.8. A reserved matters application has been submitted by Bellway Homes to seek detailed consent for the

appearance, landscaping, layout and scale for 120 dwellings (planning reference P17/S0574/RM). This is

currently under consideration by SODC.

1.9. The site is identified within the Chinnor Neighbourhood Plan under Section 4.4 (Page 26) as having

outline planning permission and is shown on the associated map.




2. Procedure for Neighbourhood Planning

2.1. Provision for Neighbourhood Planning is made within the 2011 Localism Act which empowers local

communities to develop a shared vision for their neighbourhood and deliver the sustainable development

they need through planning policies relating to development and the use of land.

2.2. The National Planning Policy Framework (NPPF) (March 2012) provides guidance on the preparation of

Neighbourhood Plans at paragraph 184 which states that:

“The ambition of the neighbourhood plan 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”.

2.3. The Planning Practice Guidance (NPPG) to the NPPF further clarifies the role of Neighbourhood Plans in

supporting strategic development needs and planning positively.

Basic Conditions

2.4. To proceed to a referendum, a Neighbourhood Plan needs to meet the ‘basic conditions’ set out in

Paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 (as amended) and

summarised in Paragraph ID41-065-20140306 of the PPG. The basic conditions are:

It must have regard to national policies and advice in the form of the NPPF. The PPG is clear that

Neighbourhood Plans should support the strategic development needs set out in Local Plans and that

they should not promote less development than these.

It must contribute towards the achievement of sustainable development. The PPG emphasises that the

plan must contribute to improvements in environmental, economic and social conditions, and show

how any adverse impacts have been prevented, reduced or offset.

It must be in general conformity with the strategic policies contained in the development plan for the

area of the authority.

It does not breach EU obligations such as Strategic Environmental Assessment, Environmental Impact

Assessment and Habitats and Wild Birds Directives.

It meets prescribed conditions such as it should not have a significant effect on a European site.

Summary of Representations

2.5. Bellway Homes generally supports the objectives of the Submission Chinnor Neighbourhood Plan but

wishes to make the following constructive objections to ensure that the plan accords with the Basic

Conditions above that require the Plan to have regard to the NPPF and to conform with the strategic

policies in the Development Plan.




3. Representations to the Draft Neighbourhood Plan

Identification of Land at Crowell End Farm as a burial ground (Policies CH GP1 (inc Appendix 2) and CH

GP9)

3.1. The Neighbourhood Plan proposes the safeguarding of part of the site for a burial ground and its

allocation as Local Green Space. This is identified at:

Policy CH GP1 – Local Green Space.

Paragraph 6.9 – “Space for the new cemetery / burial ground has been indicated by the Parish Council

and churches as an urgent need with the desired site near Oakley Road (Crowell End Farm)”.

Policy CH GP9 which states “Land is safeguarded for the provision of a new burial ground for Chinnor

and the surrounding area at Crowell End Farm as shown on Location 13 on the Local Green Spaces

map in Appendix 2”.

Appendix 2 - Local Green Space No. 13.

3.2. However, in recent correspondence with the Neighbourhood Plan Steering Group (confirmed by a letter

from Chinnor Parish Council attached at Appendix 1) it has been agreed that the site is not suitable for

use as a burial ground and that the proposed allocation is therefore to be removed from the

Neighbourhood Plan.

3.3. In the preparation of the current reserved matters application, Bellway Homes investigated the potential to

provide a burial ground on site following a request from Chinnor Parish Council during pre-application

discussions to explore the possibility (there is no requirement as part of the outline consent).

3.4. The investigations concluded that such provision would not be a viable proposition, The reason for which

is set out below.

3.5. The underlying geology of the site is chalk, which experiences high ground water flow through both the

medium itself and fractures within the rock. With this in mind, whist it is useful for site drainage it means

that it is not suited for burials due to the high potential for the transfer of pollutants associated with the

decomposition of bodies, into the underlying water course and drinking water supplies. This would not be

permitted by the Environment Agency.

3.6. On this basis, whilst the requirement for a burial ground within Chinnor is fully understood, unfortunately

for the reasons set out above, it is not a feasible option to be provided for at the Crowell Road site.

Objection

3.7. Therefore, in order for the Neighbourhood Plan to meet the Basic Conditions this allocation

should be removed from the Neighbourhood Plan (as set out in the letter from Chinnor Parish

Council attached at Appendix 1).




Local Green Space 16 – Safeguarding of land for pedestrian crossing

3.8. The Neighbourhood Plan proposes the preservation of land for a future pedestrian crossing at the far

south west corner of the site (Land east of Crowell Road) across to the Old Kiln Lakes by allocating a

strip of Local Green Space. This is set out at:

Policy CH GP1 – Local Green Space.

Appendix 2 - Local Green Space No. 16 (“Junction of railway line and South East corner of proposed

new cemetery plot, essential to be preserved for future development of a safe crossing (bridge or

tunnel) over the railway line”).

3.9. We note the letter from Chinnor Parish Council attached at Appendix 1 makes reference to the reserved

matters application for the site (Land east of Crowell Road) needing to provide additional crossings over

the railway line in accordance with the Outline Illustrative Masterplan. However, to clarify, the illustrative

Masterplan approved at outline (attached at Appendix 2) does not show any potential crossings or secure

the provision of crossings over the railway. Furthermore, such a provision is not required in order to make

the proposed development acceptable.

3.10. Nethertheless Bellway Homes have no objection in principle to the allocation of Local Green Space No.13

to safeguard land for a crossing provided that the allocation and any future detailed proposals would not

impact the reserved matters application at the site or the deliverability of the development. Indeed, the

current reserved matters application does not prohibit the potential for a crossing. However, it is noted

that delivery of the crossing would require Bellway Homes agreement as landowner. It is recognised that

the intention of the Neighbourhood Plan would be to deliver the crossing through Developer Contributions

(as set out under Policy CH TT2 ‘Developer Contributions’).

Comment

3.11. The Neighbourhood Plan should recognise that the delivery of the crossing requires agreement

from the landowners. Mention of the cemetery plot should also be omitted from row 16 within the

Name/Location of Local Green Space column of the table set out in Appendix 2, as a cemetery on

the site is not appropriate for the reasons set out above.

Future Local Green Space

3.12. Within Appendix 5, Page 95 of the Neighbourhood Plan refers to ‘Future Local Green Spaces for recent

new developments proposals’. This proposes a Future Local Green Space which connects a strip of land

within the site to an area of Parish maintained land (Proposed Local Green Space No. 12) and to connect

with strips of land to the north which are subject to a current and an approved application for residential

development.




3.13. There is no mention of this proposed future green space within the main body / remainder of the

document and therefore its status within the neighbourhood plan is ambiguous. The land is not a

proposed allocation under Policy CH GP1 – Local Green Space or Appendix 2 and it is therefore

assumed that the land is not allocated as Local Green Space within the Neighbourhood Plan but instead

is to be recognised as a potential Local Green Space as part of any review of the plan. This assumption

would accord with Paragraph 6.2 of the Neighbourhood Plan which states that “Any future review of the

plan will make an assessment of the extent to which any green space in a newly completed development

would meet the criteria to be a Local Green Space at this time”.

3.14. The future Local Green Space which falls within the site is proposed as part of the current reserved

matters application to be open space, in accordance with the approved outline permission. As such, the

reserved matters application does not conflict with this proposal.

3.15. However, notwithstanding this, we are concerned that the proposal is not in compliance with the NPPF

and therefore would fail to accord with the Basic Conditions that the Neighbourhood Plan must comply

with. The NPPF states that:

“77. The Local Green Space designation will not be appropriate for most green areas or open space. The

designation should only be used:

1. where the green space is in reasonably close proximity to the community it serves;

2. where the green area is demonstrably special to a local community and holds a particular local

significance, for example because of its beauty, historic significance, recreational value

(including as a playing field), tranquillity or richness of its wildlife; and

3. where the green area concerned is local in character and is not an extensive tract of land”.

3.16. The NPPF is clear that Local Green Space designations should comply with all three of the above criteria.

We would question that the proposed future green space as shown on Page 95 could be considered to

meet Criteria 2 in particular given that at the current time the land is agricultural land which could not be

considered to be demonstrably special to the local community and hold a particular local significance. As

such, the proposed future allocation does not comply with the Basic Conditions in that it is not in

conformity with the National Guidance.

Objection

3.17. We would therefore suggest that the proposed future Local Green Space is removed from the

Neighbourhood Plan and that future green areas of local space are considered when a review of

the Neighbourhood Plan is undertaken (as per Paragraph 6.2 of the Draft Neighbourhood Plan).




Policy CH H4 – Allocation of Affordable Housing for Local People

3.18. Policy CH H4 sets out a requirement for the allocation of Affordable Housing for Local People. Policies in

Neighbourhood Plans should be consistent with National and Local policies. Paragraph 4.18 of the

Neighbourhood Plan states that Policy CH H4 complies with SODC Housing Allocations Policy Paragraph

13.2. However, Paragraph 13.2 relates to Rural Section 106 Exception Sites. If the Policy is intended only

to be applicable to rural exception sites then this needs to be stated within the policy. Alternatively this

may be an error and the Neighbourhood Plan may actually be referring to Paragraph 13.3 ‘New Build

Developments and “Strong” Local Connections’.

3.19. In either instance the restrictions being placed on new development under Policy CH H4 and Policy CH

H5 (Affordable Housing for Key workers) must accord with Local Policy in order to comply with the Basic

Conditions. They must also provide reasonable scope for flexibility so as to not compromise or deter

registered providers and the delivery of affordable housing.

Policy CH H6 – Size and type of homes

3.20. Policy CH H6 (Size and Type of Homes) of the Draft Neighbourhood Plan sets out a mix of different sized

homes that development should seek to achieve as well as a percentage of detached properties.

3.21. Whilst Bellway recognise and support the inclusion of the wording ‘unless viability or other material

considerations show a robust justification for a different mix’, the policy would seem overly prescriptive

and the relationship between the local research of the Neighbourhood Plan Steering Group and the

Oxfordshire Strategic Housing Market Assessment (SHMA), which sets out the wider needs of the District

needs to be clarified as the two conflict in terms of desired housing mix. It is suggested therefore that

either a local housing mix requirement be omitted from the plan or if the housing mix is to be retained

these are set out as a preferred range rather than a defined percentage, which gives consideration to

both local and wider need for example:

1 bed 5-10%, 2 bed 25-40%, 3 bed 30-45% and 4 + bed 20-35%

3.22. With regards to the restriction on detached houses, Bellway Homes consider this element to be overly

restrictive as house types are generally dictated by the particular circumstances on any given site and the

market conditions at that time. If this part of the policy is to be retained it should be set out explicitly that

this is a preference rather than an absolute restriction.

Policy CH GP11 – Sustainable Homes

3.23. Policy CH GP11 (Sustainable Homes) of the draft Neighbourhood Plan states that all new development

should incorporate a number of different sustainable features and principles.




3.24. In principle this is supported to ensure development is designed where possible to tackle the causes of

climate change and construct sustainable developments. However, in order to meet the Basic Conditions

policies should have clarity and be consistent with national policy and Bellway Homes are concerned that

the wording within Policy CH GP11 is ambiguous in terms of the standards the Neighbourhood Plan is

seeking to achieve (i.e. ‘high level of energy generation’).

3.25. Furthermore, policies should not repeat other policies or legislation and the proposed policy replicates

requirements that are secured under Building Regulations. This Policy should therefore ensure that it

does not present onerous or unachievable requirements for future developments within the Parish.




4. Summary / Other comments

4.1. In Summary Bellway Homes are in principle supportive of the objectives of the Neighbourhood Plan but

make the following constructive objections which are provided to ensure that the Neighbourhood Plan

satisfies the Basic Conditions. In summary the following should be taken into consideration:

The allocation of land for a potential burial ground at Crowell End Farm should be removed from the

Neighbourhood Plan (as per the letter from Chinnor Parish Council at Appendix 1);

The Neighbourhood Plan should recognise that the delivery of a crossing across the railway (between

Crowell End Farm and the Old Kiln Works) requires agreement from Bellway Homes and other third

parties controlling the site on the southern side of the railway line as landowners;

The Future Local Green Space (as set out under Appendix 5) should be removed from the

Neighbourhood Plan and considered when a review of the Neighbourhood Plan is undertaken (as per

Paragraph 6.2 of the Draft Neighbourhood Plan);

Restrictions being placed on new development under Policy CH H4 and Policy CH H5 must accord

with Local Policy in order to comply with the Basic Conditions;

Policy CH H6 should provide clarification and consistency between local and wider needs as set out in

the SHMA, and in terms of detached houses any restriction should be a preference rather than an

absolute requirement; and

Policy CH GP11 should not be ambiguous, repeat other policies or legislation and should ensure that it

does not present onerous or unachievable requirements for future developments within the Parish.

4.2. We believe that the holding of a public hearing would allow for matters to be discussed in more detail

should the Inspector consider that to be of assistance.

4.3. Bellway Homes would like to be notified of future progress with the Neighbourhood Plan.




Appendices




Appendix 1 Letter from Chinnor Parish Council (dated 10/03/2017)

Clerk: Mrs Liz Folley

www.chinnorparishcouncil.org.uk

Tel: 01844 353267 Email: [email protected]

Chinnor Community Pavilion

Station Road

Chinnor

Oxon

OX39 4PU

Claire Steele

Savills

Ground Floor

Hawker House

5-6 Napier Court

Napier Road

Reading RG1 8BW

10th

March 2017

Local Green Spaces Clarification

Dear Claire,

Please find below the notes from your telephone conversation with Peter Brook with regard

to the Chinnor Neighbourhood Plan.

Chinnor Neighbourhood Plan: Notes of telecon between P H Brook (CNP) and Claire Steele, Savills, 7

March 2017

SUBJECT: Local Green Spaces in Chinnor Neighbourhood Plan Submission Version - Clarifications associated

with CEMEX/Bellway site; Land East of Crowell Road, Chinnor

Refer to Appendix2- Significance/Rationale for designation of Local Green Spaces:-

LGS-13: Safeguarded site for future cemetery: This is no longer required as geological survey has shown that

the land is not suitable for a burial ground. LGS-13 will be removed from the Plan when it is updated following

receipt of the Examiner’s Report. (Note that the location of LGS-13 on the Local Green Spaces map (p84) was

incorrect. It should have been adjacent to Crowell Road, not adjacent to the railway line as shown.)

LGS-16: Safe crossing over railway line: The provision of safe crossings over the railway line would be a

feature to be provided at the Reserved Matters Planning Stage. The site Illustrative Master Plan prepared by

Terence O’Rourke already shows 2 potential crossings (labelled 12 and 13 on that drawing). Provision for a

future safe crossing of the footpath at the SW corner of the site needs to be safeguarded in the event that the

operation of the Chinnor Railway is extended towards Aston Rowant.

Refer to Appendix 5- Environmental Data p95, Future Local Green Spaces for recent new developments

proposals:-

LGS-12 and future LGS-B: LGS-12 is maintained by Chinnor Parish Council. LGS-B is a future strip of land

to be preserved as a wildlife corridor completing the corridor connection to the Taylor Wimpey site. The portion

of LGS-B on the CEMEX/Bellway site will be achieved by the green space already provided as shown running

along the SW boundary on the site Illustrative Master Plan prepared by Terence O’Rourke.

Prepared by: Peter H Brook

Secretary, Chinnor Neighbourhood Plan Steering Group

7 March 2017

Yours sincerely

Liz Folley

Clerk

http://www.chinnorparishcouncil.org.uk/




Appendix 2 Outline Planning Application Approved Illustrative Masterplan

233603/LA/IMP/01

Draft

1:1250@A1

-

July 2013

TF CO

© Terence O’Rourke Ltd 2012 Do not scale from this drawing

Date issued:

Revision:

Drawn by: Checked by:

Key

Draft

Chinnor, OxfordshireCemex Ltd

London 3 Whitcomb Street London WC2H 7HA

Bournemouth Everdene House Deansleigh Road Bournemouth BH7 7DU 020 3664 6755 [email protected] www.torltd.co.uk

Based upon the Ordnance Survey Mastermap Topography with the permission of the Ordnance Survey on behalf of Her Majesty's Stationery Office, © Crown copyright. Terence O'Rourke Ltd. Licence No. AL100017826

Illustrative Master Plan

Notes/Revisions

Cr o

w

el l R

oa

d

1

1

4

4

4

4

5

8

8

10

11

9

9

99

10

6

8

7

9

3

3

2

2

2

6

5

7

Properties address open space on development edge

Green fingers protrude into development, breaking up the urban fringe

Visually linked green spaces along primary route

Core shared space, allowing views out to open space. ‘Chicane’ within shared surface as traffic calming measure.

Potential burial ground location (area 1 acre) including parking and service hut

Key

Links to public footpath, The Ridgeway and wider countrysideDense native scrub and tree belt edge, designed to filter views from the west.

Drainage swale and shallow floodwater attenuation basin

Potential location for LEAP

Link to public footpath through country parkFinal

Species rich grass and wildlfower meadow swathes creating attractive walk through new public open space, interspersed with specimen parkland trees

F

Illustrative master plan

Land East of Crowell Road, ChinnorCemex UK Properties Ltd.

11

H




Prepared by Savills (UK) Limited Ground Floor Hawker House 5-6 Napier Road Reading RG1 8BW

savills.co.uk

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