10.64

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Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Representation ID: 4318

Received: 14/03/2023

Respondent: Mr Matthew Rees

Legally compliant? No

Sound? No

Duty to co-operate? Not specified

Representation Summary:

Not legally compliant as it signals the intention to use CPO powers that do not satisfy the relevant statutory requirement as this action is not necessary and not in the public interest.
Not justified as it results in disproportionate harm to the residents of Saxon Meadow, by removing rights of way to their own property and amenity space and value, in a constrained site that lacks private gardens and limited parking spaces and the naive sketches included in the outline planning fail to consider key issues including buffer zones for veteran trees (15m), water courses (8m) and the conservation area considerations on this site,
Not effective as there is no requirement to acquire the meadow from Saxon Meadow Tangmere Ltd, nor the land that provides access to Saxon Meadow from Church Lane for residents and visitors. Would result in further harms to the working population who live in Saxon Meadow who need to park their specialised vehicles used in the energy and agriculture sectors within a reasonable distance of their homes. There is a lack of suitable alternative parking in Saxon Meadow due to the absence of suitable parking, driveways or garages for these vehicles on this constrained site.
Not legally compliant as this sorry state of affairs demonstrates that CDC has failed to appIy the principles set out in the statement of community involvement.

Change suggested by respondent:

These modifications are required to the plan:
The policy must be stop to halt all attempts to acquire, by means of CPO or any other means, any land owned by Saxon Meadow Tangmere Ltd and land used by residents / visitors for access to Saxon Meadow via Church Lane.
10.64 The site has an endorsed Masterplan (reference 19/02836/MAS) which was developed in accordance with the Chichester Local Plan, emerging Local Plan Review but is +30% more than the 1 ,000 homes identified in the Tangmere Neighbourhood Plan and demonstrates how the policy aspirations of the development plan will be achieved but will need to be changed to maintain the existing rights and benefits at Saxon Meadow,
Tangmere to preserve and respect their right of way to and from Church Lane, customary rights over this land, and their retention of the full meadow that is part of their estate and provides important amenity value because none of the properties have their own garden. The site also benefits from outline resolution to grant Permission (reference
20/02893/OUT) but this may not be sustainable development consistent with the National Planning Policy Framework given that is a large development that lacks 2 viable modes of transport given the lack of road capacity and lack of rail services at Tangere. CDC regrets that so far is has fallen short in the application of the principles set out in its statement of community involvement will commit to reset the relationship with the residents of Saxon Meadow. CDC will cease the CPO and any other attempt to acquire, by any means, land owned by Saxon Meadow Tangmere Ltd or land that is used for the access to Saxon Meadow properties via Church Lane Tangmere or for other amenities, given that none of this land is needed for housing. CDC will engage with Saxon Meadow Tangmere Ltd, its representatives and residents to seek to respond positively to the requests that have been made to reset relationships and work constructively with them to reach a position of common ground that has the support of the residents.

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:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Representation ID: 4448

Received: 16/03/2023

Respondent: Mr John Wolfenden

Legally compliant? No

Sound? No

Duty to co-operate? No

Representation Summary:

Your plan is incorrect. My shareholding in Saxon Meadow shows a very different plan. Saxon Meadow Ltd ( I am a shareholder) owns a field you have cut in half and drawn some trees.
The field owned by Saxon Meadow Tangmere is for the community residing in the 28 properties and represents our garden.
It is fully maintained as a meadow with our own fruit trees.
It is not required for the development and should be dropped as a part of this CPO.

Change suggested by respondent:

You need to reflect that the current ownership achieves the custodianship and maintains green space for the benefit of some 28 dwellings that do not have private gardens. It is our community garden.
You are using this CPO inappropriately.
Put an orchard on your own designated green areas.

Full text:

Your plan is incorrect. My shareholding in Saxon Meadow shows a very different plan. Saxon Meadow Ltd ( I am a shareholder) owns a field you have cut in half and draw some trees.
The field owned by Saxon Meadow Tangmere is for the community residing in the 28 properties and represents our garden.
It is fully maintained as a meadow with our own fruit trees.
It is not required for the development and should be dropped as a part of this CPO.

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Representation ID: 5585

Received: 17/03/2023

Respondent: Mr Oliver Gale

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Representation Summary:

The plan is not sound because the proposal to build a sports pavilion on the site will block views from Saxon Meadow to the South Downs and is therefore inconsistent with policy P11 conservation area and NE24 noise pollution and will adversely affect the environment of current resident.

Change suggested by respondent:

Modification of the plan to reduce or cancel the development would protect the environment of the conservation area, reduce noise pollution and maintain or enhance the current environment.

Full text:

See representation

Attachments: