Chichester Local Plan 2021 - 2039: Proposed Submission

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Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy NE16 Water Management and Water Quality

Representation ID: 4887

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

Regarding “Water Quality and Wastewater”, it may not be possible in all cases to
demonstrate no adverse impact on the quality of water bodies, surface water and
groundwater. As such, suggest rewording.

Change suggested by respondent:

Reword to say development proposals will “minimise harm” rather than have “no adverse impact”.

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy NE8 Trees, Hedgerows and Woodlands

Representation ID: 4888

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

Part 2 of Policy NE8 states:
‘Development resulting in the loss or deterioration of irreplaceable habitats (such as
ancient woodland and trees; veteran trees; protected trees, groups of trees and
woodland and hedgerows) should be refused unless there are wholly exceptional
reasons. . .’
Protected trees, groups of trees and
woodland and hedgerows are not irreplaceable habitats – reference to these
features should be removed from this sentence

Change suggested by respondent:

Reference to protected trees, groups of trees and woodland and hedgerows should be removed from this sentence

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy NE5 Biodiversity and Biodiversity Net Gain

Representation ID: 4889

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

Point 1d refers to a worst-case scenario of developments providing BNG by purchasing credits for through the national biodiversity credit scheme. The policy wording should also allow for off-site BNG provision to be delivered on land outside of the LPA area that is controlled by applicants or other landowners, or for a solution to be delivered via a BNG broker.

Similarly to draft Policies A8 and NE4, the requirement to avoid “any adverse impact” is more onerous than the NPPF threshold for refusal of planning permission which is “significant harm”. NE5 should be amended accordingly.

Change suggested by respondent:

Please refer to submitted representations document.

We suggest that the criteria for permitting development proposals should be amended as follows:

(1.c) Net gain should be provided on-site in the first instance, and then locally off-site (as close as possible to the development site, or if that is not possible, elsewhere
within Chichester District or the South Coast Plain NCA) where it should contribute towards strategic networks such as green infrastructure, wildlife corridors or nature
recovery networks.

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy NE4 Strategic Wildlife Corridors

Representation ID: 4890

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

The requirement for new development adjacent to SWCs to “take opportunities available in order to extend and enhance those corridors” introduces uncertainty and
conflict with draft Policy A8 (see main report, section 4). The final paragraph to NE4 should be deleted.

The requirement in criterion 2 for development to “not have an adverse effect” is similar to Requirement 10 of draft Policy A8: “no adverse effects” is not the threshold
advocated by the NPPF (paragraph 179) which instead requires Local Plans to “promote the conservation, restoration and enhancement of priority habitats, ecological networks and the protection and recovery of priority species…” Paragraph 180 establishes the correct threshold, which is “significant harm”. Criterion 2 should be amended accordingly.

Change suggested by respondent:

The requirement for new development adjacent to SWCs to “take opportunities available in order to extend and enhance those corridors” introduces uncertainty and
conflict with draft Policy A8 (see main report, section 4). The final paragraph to NE4 should be deleted.
The requirement in criterion 2 for development to “not have an adverse effect” is similar to Requirement 10 of draft Policy A8: “no adverse effects” is not the threshold
advocated by the NPPF (paragraph 179) which instead requires Local Plans to “promote the conservation, restoration and enhancement of priority habitats, ecological networks and the protection and recovery of priority species…” Paragraph 180 establishes the correct threshold, which is “significant harm”. Criterion 2 should be amended accordingly.

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy T1: Transport Infrastructure

Representation ID: 4892

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

The timing of delivery of transport infrastructure on the A27 will be outside of the applicant’s control. Emerging policy will require financial contributions (8.20/8.21) towards a wider package of A27 improvements which will discharge the applicant’s obligation with regard delivery of transport infrastructure on the A27 and beyond this it would not be reasonable for the development to be held back due to the Council’s failure to deliver.

Change suggested by respondent:

Reference in the policy to “including applicants” should be removed. In the alternative, point 4 should be separated out as a council only policy.

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy I1 Infrastructure Provision

Representation ID: 4893

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

A requirement to meet in perpetuity costs of infrastructure and its maintenance is unlikely to meet policy tests.

Change suggested by respondent:

Delete " in perpetuity".

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy A8 Land East of Chichester

Representation ID: 4894

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

Amend first bullet point to, “Development to include at least 680 dwellings…”

The final bullet point, related to meeting the need for gypsy and traveller pitches should cross-reference draft Policy H11 Meeting Gypsies, Travellers and Travelling
Showpeoples’ Needs, which makes specific allowance for off-site provision where this is justified.

Change suggested by respondent:

Amend first bullet point to, “Development to include at least 680 dwellings…”

The final bullet point, related to meeting the need for gypsy and traveller pitches should cross-reference draft Policy H11 Meeting Gypsies, Travellers and Travelling
Showpeoples’ Needs, which makes specific allowance for off-site provision where this is justified.

Full text:

Please refer to the submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy T1: Transport Infrastructure

Representation ID: 5301

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Not specified

Sound? Not specified

Duty to co-operate? Not specified

Representation Summary:

Reword point 5:

Phasing the delivery of new transport infrastructure agreed through the Transport Assessment process to align with development phases with triggers identified based on the outcomes of monitoring travel demand. It may also be necessary to proactively phase development to take into account the monitoring and effectiveness of travel plans to encourage sustainable travel behaviour.

Change suggested by respondent:

Reword point 5:
Phasing the delivery of new transport infrastructure agreed through the Transport Assessment process to align with development phases with triggers identified based on the outcomes of monitoring travel demand. It may also be necessary to proactively phase development to take into account the monitoring and effectiveness of travel plans to encourage sustainable travel behaviour.

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy T1: Transport Infrastructure

Representation ID: 5303

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Not specified

Sound? Not specified

Duty to co-operate? Not specified

Representation Summary:

Point 7 should remove reference to A27 improvements and be reworded to reflect potential for mitigation through active travel mode improvements. Suggested rewording as follows:

7. Delivering a coordinated package of infrastructure improvements as identified through the monitor and manage process. These will increase opportunities for
active travel mode use, reduce traffic congestion, improve safety and air quality, and improve access to Chichester city by all modes from surrounding areas.

Change suggested by respondent:

Point 7 should remove reference to A27 improvements and be reworded to reflect
potential for mitigation through active travel mode improvements. Suggested rewording
as follows:
7. Delivering a coordinated package of infrastructure improvements as identified
through the monitor and manage process. These will increase opportunities for
active travel mode use, reduce traffic congestion, improve safety and air
quality, and improve access to Chichester city by all modes from surrounding
areas.

Full text:

Please refer to submitted representations document.

Attachments:

Object

Chichester Local Plan 2021 - 2039: Proposed Submission

Policy A8 Land East of Chichester

Representation ID: 5310

Received: 17/03/2023

Respondent: Obsidian Strategic AC Limited, DC Heaver and Eurequity IC Ltd

Agent: Quod

Legally compliant? Not specified

Sound? Not specified

Duty to co-operate? Not specified

Representation Summary:

Heritage assets

The significance of nearby listed buildings are required to be conserved and enhanced by requirement 4. The requirement to enhance the assets’ historic significance goes beyond the policy requirement in the NPPF.

Paragraph 190 states, “Plans should set out a positive strategy for the conservation and enjoyment of the historic environment…” There is no requirement to enhance significance and it is difficult to see how a development on site A8 could achieve this. Requirement 4 should be amended to remove the reference to enhancement.

Change suggested by respondent:

Requirement 4 should be amended to remove the reference to enhancement.

Full text:

Please refer to the submitted representations document.

Attachments:

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