Chichester Local Plan 2021-2039 - Main Modifications consultation

Support the addition of text stating:

Additional housing allocations, if required, will be made through the Site Allocation DPD (or review of the Local Plan)

This is positive change to the plan to meet housing need and makes the policy sound

The removal of the last part of the policy (shown below) is supported as this now brings the policy in line with the findings of the Supreme Court in relation to R (on the application of Wright) (Respondent) v Resilient Energy Severndale Ltd and Forest of Dean District Council
(Appellants) [2019] UKSC 53 On appeal from: [2017] EWCA Civ 2102

"(deleted - The social and economic benefits of the development proposal will be taken into account, particularly the degree of community participation in or ownership of a scheme,as well as the potential benefits of the proposed development to host communities generally.)"

Change policy title to “All Forms of Renewable and Low Carbon Energy”.

Change first line of policy as follows:
Planning permission will be granted for (add - *all Forms of Renewable and Low Carbon Energy Proposals* (delete - *stand-alone renewable energy schemes*), where it has been demonstrated that there is no significant adverse impact upon:

The MMs for this policy fail to meet its statutory duty in the requirement under Section 19(1A) of the Planning and Compulsory Purchase Act 2004 which requires local planning authorities to include in their Local Plans “policies designed to secure that the development and use of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change”

As set out at examination the Council have not positively prepared the plan and have not justified the appropriate strategy as they have not considered the reasonable alternatives in the light of climate change legislation and national guidance. Therefore, they must make a remedy within the policy to fully support proposals for ALL FORMS of RENEWABLE AND LOW CARBON ENERGY. And not
just “Standalone renewable schemes”

Whilst the plan is examined under the earlier NPPF under transitional arrangements, planning applications will be determined under the revised national planning policy framework. The requirement for planning permission for all forms of renewable and low carbon energy generation
that are not ‘Stand -Alone’ are not addressed in the plan.

The use of the word ‘Stand-alone’ is problematic. This would render the policy inconsistent with legislation and the revised NPPF rendering the policy immediately out of date.

NPPF168 has been revised to deal with all forms of Renewable and Low Carbon Energy the modified policy should use this same terminology to be sound. The title of the policy also remains unsound as it is not effective and is not consistent with national policy and would be inconsistent with the required changes to the main modifications corrections to the policy to make it sound.

The following are changes required to make the policy sound:

Change policy title to “All Forms of Renewable and Low Carbon Energy” remove the title “Standalone renewable energy”.

Change first line of policy as follows:
Planning permission will be granted for (add - *all Forms of Renewable and Low Carbon Energy Proposals* (delete - *stand-alone renewable energy schemes*), where it has been demonstrated that there is no significant adverse impact upon:

Request the following changes to the policy (additional text added at end of policy) to make it sound as follows:

"*In addition, proposals for renewable energy or low carbon development can be located within local landscape gaps where they are otherwise acceptable.*"

This policy change introducing “landscape character” as a measure of the ability to designate a gap at a local level is not sound.

This policy cannot be effective as there is no control over consistency in terms of landscape character, as it is not defined in the policy or guidance and there has been no test regarding capacity in the landscape for all the development required to fulfil the plans’ objectives and in particular all forms of large scale renewable and low carbon energy projects that are a requirement to meet net zero, a legal requirement of the plan.

In order to make the policy sound there must be an exemption/ exception for all forms of renewable and low carbon energy within landscape gaps between settlements. This is because the designation of local landscape gaps is unknown, the requirement for renewable and low carbon development is also unknown across the District. It is necessary to locate renewable energy proposals at a reasonably short distance to suitable points of connection to the national grid. Such connections are often close to undeveloped land outside settlements, some of which locally may be regarded as ‘local landscape gaps’.

Southern Electric Power Distribution plc (SEPD) set out its Long-Term Development Statement (LTDS) for its electricity distribution network, both In-Area and Out-of-Area last year. This LTDS identifies network reinforcement projects that connect to the Lovedean (Waterlooville)BSP some of which upgrade the grid connection capacity within Chichester District at existing sub stations and where cables have been uprated to 33KV. Likewise with the NESO grid reforms mean the capacity to connect renewable projects is changing rapidly. The Council has not assessed this latest evidence of where there is grid capacity and the Council’s Climate Change Action Plan (the only evidence on this matter in the Local Plan evidence base) is incorrect to state there is no capacity for large scale solar, this is incorrect and out of date as demonstrated by live applications and live EIA screening
requests for such development.

Request the following changes to the policy (additional text added at end of policy) to make it sound as follows:

"*In addition, proposals for renewable energy or low carbon development can be located within local landscape gaps where they are otherwise acceptable.*"

The removal of the ‘sequential test’ in the text with strikethrough is supported.

This modification is necessary to make the plan sound in particular with regard to the delivery of renewable
energy proposals that may be delivered within strategic wildlife corridors.