Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Representation ID: 4131

Received: 14/03/2023

Respondent: Mr Matthew Rees

Legally compliant? No

Sound? No

Duty to co-operate? No

Representation Summary:

Not sound because fails to evaluate sustainability appraisal (p89) statement: "important high level concern is the lack of a train station at Tangmere", and not legally compliant because Tl contains no assessment of whether a train station between Barnham and Chichester could support sustainable development and provide necessary strategic infrastructure in a timely way. May be non-compliant with Duty to Cooperate as the statement of compliance indicates a failure to take reasonable steps to engage with ORR (p52), which is not justified and the Infrastructure Delivery Plan excludes any consideration of a rail station, so there is a lack of evidence proportionate to the issue.

Change suggested by respondent:

Amend the plan as follows:
8.17 To redress the lack of response from the ORR in February 2019 and lack of any evidence of any other engagement (as noted in the Duty to Cooperate statement of compliance, page 52) the Council will make renewed efforts to engage with the ORR, Network Rail and train operators with the aim of gaining a firm commitment for the reinstatement of the train stop between Tangmere and Oving on the existing line. The council will work with these organisations and local stakeholders to facilitate improvements to the accessibility of railway stations and provision of new station stops and other strategic infrastructure to be available on a predict and provide basis. The council also works closely with bus operators to improve their services in and through the plan area.

Tangmere Station — site option 1 (preferred): Woodhorn Lane, access from Oving road. This is located approximately 1800m from the museum, with the benefit of adjacent land on both sides of the line and an existing level crossing. The site to the north of the track could repurposed for bus interchange, secure bike storage and bus station. Site access could be improved for pedestrian / cycle via a cost effective access to the disused airfield perimeter near the junction between Woodhorn Lane and Church Lane Oving.

Tangmere Station — site option 2: adjacent to Chichester Flood Relief Channel, access via Oving Road. This site has the benefit of existing structures at the side of the line and a disused agricultural property which could be reused for station facilities. This site also has space on both sides of the line. Train passing through the site shows that there is plenty of space for a full length station for services at this site.

**See also annotated images provided within attached document**

Full text:

There is much to commend in this document and the supporting technical documents that accompany it, and I have listed in the appendix to this letter 26 such paragraphs and policies. I am happy for my support to be registered against these sections of your consultation document. There is also much upon which I must represent a concern, so I attach representations relating to 22 paragraphs or policies.

I am happy to participate in a hearing session, and I would flag at this stage that the common theme that links all of these representations is the need to safeguard the natural and built environment in and around Saxon Meadow, Tangmere from the risks of unsustainable development, I consider that the independent examiner should focus their review on the aspects of the local plan that relate to this matter.

Appendix 1: list of policies that I support
1. P14, 1.23, 1.24: Duty to cooperate
2. P24, para 2.30 "the council declared a climate emergency in July 2019"
3. P24, para 2.32 — "all proposal for new development should be considered in the context of a climate emergencV'
4, P30: Objective 2: natural environment: "development will achieve net gains in biodiversity'
5. P43, 4.1 "National policy promotes increasing energy efficiency, the minimisation of energy consumption and the development of renewable energy sources"
6. P43, 4.3: "Some renewable energy projects provide significant opportunities to enhance biodiversitV'
7. P53, Policy NE5: Biodiversity and Biodiversity Net Gain
8. P62, Para 4.42: Hedgerows and some types of woodlands are identified as a priority habitat
9, P62, Policy NE8: Proposals should have a minimum buffer zone of 15 metres from the boundary of ancient woodland or veteran trees to avoid rood damage (known as the root protection area)
10. P68, Policy NEIO: Criteria for Development in the Countryside - Does not prejudice viable agricultural operations or other viable uses
11. P80, Para 4.91: There are serious concerns about the impact of flooding, both in respect of current properties at risk but also the long-term management of the area.
12. 4.92: any development in the plan area must therefore have regard to flood and erosion risk.
13. 4.94: built development can lead to increased surface water run-off; therefore, new development should include SuDS to help cope with intense rainfall events
14. P81, Para 4.96: Environment Agency consent is required for any works within 16 m of tidal waters and 8m of fluvial watercourses in line with the Environmental Permitting Regulations 2016. This strip is required for access. The policy includes a setback requirement to ensure this access strip is not obstructed.
15. P80, 4.92, Any development in the plan area must therefore have regard to flood and erosion risk, now and in the future, by way of location and specific measures, such as additional flood alleviation, which will protect people, properties and vulnerable habitats from flooding. Recent changes to national guidance highlight the importance of considering flood risk from all sources, and this is particularly significant for the plan area as large parts of it are at risk from groundwater flooding, which needs to be recognised in development decisions alongside the well-established risks in relation to tidal, fluvial and surface water flooding. Appropriate mapping of all sources of flood risks is still evolving, and is likely to develop further over the plan period
16. P93, Policy NE20 Pollution: Development proposals must be designed to protect, and where possible, improve upon the amenities of existing and future residents, occupiers of buildings and the environment generally. Development proposals will need to address the criteria contained in, but not limited to, the policies concerning water quality; flood risk and water management; nutrient mitigation; lighting; air quality; noise; and contaminated land. Where development is likely to generate significant adverse impacts by reason of pollution, the council will require that the impacts are minimised and/or mitigated to an acceptable level within appropriate local/national standards, guidance, legislation and/or objectives.
17, P94, 4.127, Light pollution caused by excessive brightness can lead to annoyance, disturbance and impact wildlife, notably nocturnal animals. The design of lighting schemes should be carefully considered in development proposals to prevent light spillage and glare.
18. P94, 4.128, Dark skies are important for the conservation of natural habitats, cultural heritage and astronomy. The plan area includes three 'Dark Sky Discovery Site' designations, all located within the Chichester Harbour AONB; Eames Farm on Thorney Island, Maybush Copse in Chidham; and north of the John Q Davis footpath in West Itchenor. Development within or directly impacting these areas will be subject to particular scrutiny in terms of their impact on dark skies. The entire SDNPA area is also declared as an International Dark Sky Reserve. Development directly impacting this area will be subject to similar scrutiny.
19. P96, Policy NE22 Air Quality
20. P97, Policy NE-23 Noise
21. P142, Para 6.29, Amenity: Private space, shared space and the design quality and construction of communal spaces all contribute to amenity
22. P155-6, Policy P11:Conservation Areas "protecting the setting (including views into and out of the area)"
23, P55, Para 4.26 - The council is under a legal duty to protect designated habitats, by ensuring that new development does not have an adverse impact on important areas of nature conservation, and by requiring mitigation to negate the harm caused.
24. P58, Para 4.33 The council is under a legal duty to protect their designated bird populations and supporting habitats
25. P95, Para 4.129 The council has a duty to review and assess air quality within the district
26. P301, Conservation Area: An area of special architectural or historic interest, designated under the Planning (Listed Buildings & Conservation Areas) Act 1990. There is a statutory duty to preserve or enhance the character, appearance, or setting of these areas.

Attachments: