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The Forest Road Development Plan

Latest News

This application was eventually abandoned and the site has been returned to the greenbelt.

However, we are now fighting the possibility of a traveller site across the road. More information here: Sandiway 2008 Resident's Group

A recommendation to refuse planning permission failed to come into effect as the deadline passed before the recommendations from the Highways Agency had been analysed. The case has therefore gone to appeal and is due to be heard on January 24th 2006.

In a related issue, the proposed greenfield site is scheduled for re-inclusion within the greenbelt. The owners and developers have objected to this and were due to be heard on Wednesday 5th October 2005. The results of this inquiry have not yet been published.

The Plan

The plan above has been developed for the Osbourne Trust for an area of land at the junction of the A49 (Forest Road) and A556 (Chester Road) in Cuddington, Cheshire. This was previously greenbelt but was reassigned to meet a need for housing which no longer exists. The latest version of the council's Local Plan Alteration proposes it is returned to the greenbelt. This is being opposed by the Osbourne House Group and the current owners, Johnstone Godfrey, Susan Bennet and Helen Schettini.

We are opposed to this on a number of grounds - noise, light and air pollution from the traffic and industries planned for the site, security of local houses and the adjacent primary school and the loss of the last open area within the village for a use which doesn't benefit the village itself.

In summary, the plan is for:

Documentation

This is a round-up of all the documentation I can find relating to the case published by the Vale Royal Borough Council on their website if you haven't got the time to dig it out for yourself.

January 2006

Letter received from Vale Royal Borough Council

Dear Sir

TOWN AND COUNTRY PLANNING ACT 1990
APPEAL BY Osborne House Ltd
SITE AT Land At Chester Road Cuddington Northwich

I am writing in connection with previous communication about the arrangement of a date for the public inquiry into the above appeal

I have now been informed that an inspector appointed by the Secretary of State will attend Wyvern House, The Drumber, Winsford, Cheshire at 10.00am on 24th January 2006 to hold an inquiry into the appeal by Osborne House Ltd. The inquiry may last two days.

Persons interested in the appeal may, if the wish, attend the inquiry and at the Inspector's discretion, state their case, either in person or through a representative. facilities are available for people with disabilities. A copy of the appeal decision is available by writing to the Planning Inspectorate.

A copy of the Appellant's grounds of appeal, written statements and both the Council's and Appellant's proofs of evidence (proofs of evidence available approximately three weeks before inquiry date) may be inspected free of charge at the above address, between 9.00am and 5.00pm, by prior appointment.

If you wish to find out more about the appeal procedure, a booklet entitled "Guide to taking part in planning appeals" is available and may be obtained from the Council's Planning Department or alternatively may be accessed on the Planning Inspectorate's website at http://www.planning-inspectorate.gov.uk

October 2005

Vale Royal Borough Local Plan (First Review) Alteration - PROVISIONAL TIMETABLE
Wednesday 5th October
Room 1
MorningInquiry not sitting 
14:00hrsGS5, E5, RT2, new GS11 (Forest Rd / Chester Rd, Cuddington) How Planning for Osborne House Group (893/ 3-6) and for Johnstone Godfrey and Associates (894/ 1 and 5):
(Formal Appearance – Advocate: D Manley QC)

August 2005

VALE ROYAL BOROUGH COUNCIL - LOCAL PLAN FIRST REVIEW ALTERATION - PUBLIC INQUIRY - GENERAL STRATEGY CORE STATEMENT

6.11GS5 – Changes to the North Cheshire Green Belt
 Policy GS5 of the VRLPFRA proposes two amendments to the Green Belt boundary in Vale Royal. It is proposed that land at and adjacent to Weaver Park Industrial Estate, Sutton Weaver be excluded from the Green Belt and that land at Forest Road, Cuddington be included in the Green Belt.
6.15(v) Land at Forest Road, Cuddington be included in the Green Belt
 Objections have been received to the inclusion of this site within the Green Belt and are made on the basis that no changes to the Green Belt have been approved through the Structure Plan. It is considered that Green Belts should not be drawn to include land which it is unnecessary to keep open, the Council relies on the absence of a need for the land for housing as the exceptional circumstances to warrant Green Belt designation. This approach is seen as unjustified. The land possesses merit for development for a range of uses and it lies in a Tier 1 location which represents the most sustainable locations in the Borough. Overall it is contended that the land is not required in order for the Green Belt to fulfil its key purposes (representations: Osborne House Group (893/4), Johnstone Godfrey, Susan Bennett (894/1). Other objections to Policy GS5 in relation to Forest Road Cuddington have been received from Osbourne House Group (893/4), Johnstone Godfrey, Susan Bennett (894/1) and Helen Schettini (914/4).
6.16The rationale for the inclusion of land at Forest Road Cuddington in the Green Belt
 

The Forest Road, Cuddington site was removed from the Green Belt and allocated for residential development in 1992 through the Vale Royal Borough Local Plan First Review (VRLPFR). At that time very special circumstances existed to warrant the removal of the site from the Green Belt. However, the Council consider that there is no longer a need for this large greenfield site to be developed for housing as the Urban Capacity Study has identified that there is a significant amount of sustainable brownfield land within the main built up areas of the Borough to 2016. The Borough Council has identified sufficient land to meet its requirements through the allocations contained in the Plan. In order to ensure that these sites are delivered, a restrictive approach has been taken by the Council to manage particularly housing land development. If the site is not returned to the Green Belt then there will continue to be pressure to release the land for development.

As the Council has identified sufficient land to meet its requirements until 2016 and the fact that the Urban Capacity Study has a significant level of urban brownfield sites within the Borough, it is highly unlikely that the Forest Road site will be needed to meet the Borough’s housing requirement in the long-term. A revised long-term Green Belt boundary can therefore be established. This change directly fulfils a number of the purposes of including land in the Green Belt set out in PPG 2. In particular:

  • To assist in safeguarding the countryside from encroachment,
    and
  • To assist in urban regeneration by encouraging the recycling of derelict and other urban land.

The merits of this site and its possible allocation for a mixed use site as per the objectors wishes (Osbourne House Group (893/4), Johnstone Godfrey, Susan Bennett (894/1) and Helen Schettini (914/4) are discussed in a separate site specific Proof of Evidence

A representation in support of the proposed inclusion of the land in the Green Belt has been received from Cuddington Parish Council (764/1).

7.6The Council’s proposal for the inclusion of land at Forest Road, Cuddington, directly fulfils a number of the purposes of including land in the Green Belt set out in PPG2, including safeguarding the countryside from encroachment and assisting in urban regeneration by encouraging the recycling of derelict and other urban land.
Schedule of Responses to Local Plan Alteration - Volume 1
GS 5 – Changes to the North Cheshire Green Belt
9/3 Cheshire County Council Environmental Planning Support Policy GS5 to allow the comprehensive remodelling and expansion of the Weaver Park Industrial Estate in Frodsham. This accords with the priorities of Frodsham Forward to regenerate waterside sites.

Support also the re- inclusion of land at Forest Road, Cuddington in the Green Belt as it is no longer required for residential development.
The support for this Policy is welcomed. No change to Policy GS5.
893/4



894/1


914/4
Osborne
House
Group

Johnstone Godfrey,
Susan Bennett,

Helen Schettini
Object to the inclusion of Forest Road, Cuddington in the Green Belt. The Green Belt review is considered to be fundamentally flawed:
  1. PPG2 states that Green Belts should only be altered in exceptional circumstances & no changes to Green Belt have been approved through the Structure Plan.
  2. Green Belts should not be drawn to include land which it is unnecessary to keep open.
  3. The Council relies on the absence of a need for the land for housing as the exceptional circumstance to warrant Green Belt designation. This approach is unjustified.
  4. The land possesses merit for development for a range of uses.
  5. The site lies in a Tier 1. location which represent the most sustainable locations in the Borough.
  6. The land is not required in order for the Green Belt to fulfil its key purposes
The Forest Road Cuddington site was removed from the Green Belt and allocated for residential development in 1992 through the Local Plan First Review. At that time, exceptional circumstances existed to warrant the removal of the site from the Green Belt. However, there is no longer a need for this large Greenfield site to be developed for housing as the Urban Capacity Study has identified that there is a significant amount of sustainable brownfield land within the main built up areas of the Borough to 2016. The Borough Council has identified sufficient land to meets it requirements through the allocations contained in the Plan. In order to ensure that these sites are delivered a restrictive approach has been taken by the Council to manage particularly housing land development. If the site is not returned to the Green Belt then there will continue to be pressure to release the land for development. No change to Policy GS5 (See Map 6 Employment Land Allocations Report)
894/5



893/5
Johnstone Godfrey,
Susan Bennett,
Helen Schettini

Osborne
House
Group
It is proposed that there should be a new mixed use policy . The range of uses could include business, affordable housing, commercial (inc roadside uses) and informal recreation and open space. The sustainability of the site has already been proven. The site is also served by public transport both bus and rail and there is good pedestrian and cycle links. Access to the site can be from Chester Road and there are no landscape or ecological features to retain. This site would help address the shortfall in employment land and affordable housing provision and would help redress the geographical imbalance in supply that currently exists in the Plan. The site benefits from being strategically located at the junction of 2 main highways (A556, A49) and could also provide a roadside facility to cater for passing traffic. The site covers approximately 6.88 hectares and is greenfield. The site is in a fairly sustainable location however, access to the site would have to be taken from Ash Road as direct access from the A49 and A556 would prove difficult. However, as this is a greenfield site and it is considered that there is no need for further employment land allocations it is recommended that the site should not be allocated in the Local Plan for employment development. The Forest Road Cuddington site was removed from the Green Belt and allocated for residential development in 1992 through the Local Plan First Review. At that time, exceptional circumstances existed to warrant the removal of the site from the Green Belt. However, there is no longer a need for this large Greenfield site to be developed for housing as the Urban Capacity Study has identified that there is a significant amount of sustainable brownfield land within the main built up areas of the Borough to 2016. The Borough Council has identified sufficient land to meets it requirements through the allocations contained in the Plan. In order to ensure that these sites are delivered a restrictive approach has been taken by the Council to manage particularly housing land development. If the site is not returned to the Green Belt then there will continue to be pressure to release the land for development. No change to Policy GS12. (See Map 1)

Schedule of Responses to Local Plan Alteration - Volume 2

H2.0Forest Road, Cuddington
894/4



893/1
Johnstone Godfrey,
Susan Bennet,
Helen Schettini

Osbourne
House
Group
Objection is raised to the proposed change in the policy boundary affecting this land (See Map 17, Appendix 6). The Forest Road Cuddington site was removed from the Green Belt and allocated for residential development in 1992 through the Local Plan First Review. At that time, exceptional circumstances existed to warrant the removal of the site from the Green Belt. However, there is no longer a need for this large Greenfield site to be developed for housing as the Urban Capacity Study has identified that there is a significant amount of sustainable brownfield land within the main built up areas of the Borough to 2016.

The Borough Council has identified sufficient land to meets it requirements through the allocations contained in the Plan. In order to ensure that these sites are delivered a restrictive approach has been taken by the Council to manage particularly housing land development. the land for development.

If the site is not returned to the Green Belt then there will continue to be pressure to release the land for development.
No change
914/3
Johnstone Godfrey Housing allocation H2.01 (land at Forest Road, Cuddington) should not be deleted. Its merits include a “Tier 1” location and favourable assessment in terms of proximity to services etc by the Inspector at the previous review of the Local Plan. See the proposed Council’s response to 894/ 4 above.

The proposed allocations are sequentially preferable for housing development. The objection site is no alternative to the proposed allocations, either in location terms or in regard to maximising regeneration.
No change
893/3


894/3
Osborne
House
Group

Johnstone Godfrey,
Susan Bennett,
Helen Schettini.
The plan seeks to make provision for only 187 hectares of land to 2011, a 6.5% shortfall compared with the policy figure.

This is a flawed approach and an inappropriate strategy for the Council to pursue. Instead, it would be more appropriate for the Council to examine, by reference to its employment land stock, why levels of development have been below target and develop a proactive strategy designed to achieve the underlying objective of IND2. This strategy should include a range of sites in terms of type, size, quality and geographic distribution which is well positioned to meet current and potential future demand and which can thereby assist in driving completion rates to target levels.

Land at Forest Road/ Chester Road, Cuddington has the potential to contribute to these objectives by the inclusion of employment land development as part of a high quality, mixed use scheme and this should be recognised in the allocations within policy E5.
See Local Plan Task Group Report “Allocation of Employment Sites” See Local Plan Task Group Report “Allocation of Employment Sites” MAP 6

June 2005

Planning Committee Report

Once the deadline for refusal was missed and the case defaulted to appeal, this report was required to support the council's assertion that the case would have been refused if time hadn't run out. The report is too long to recreate in full here but the conclusion states:

5.0 Conclusion

5.1In the light of the above-mentioned comments, it is considered that the appeal to be heard in January 2006 should not be determined in advance of the Inspector’s report into the Alteration Local Plan and in any event, there are valid objections to the proposal as set out in section 4.8 above, and detailed further in the attached Statement of Case. Notwithstanding that the proposal would result in some benefits in terms of open space provision and affordable housing, taken into account all material factors, Members are advised to recommend to the Secretary of State that the application be refused and the appeal dismissed for the reasons set out in section 4.8 above, and as fully detailed in the Council’s evidence to be submitted to the Inquiry in due course.

Some comfort can also possibly be taken from the planning history of the site:

4/30773/OResidential development (150 units) – Withdrawn.
4/19392/OResidential development – withdrawn March 1998.
4/2044Residential development – Refusal August 1989.
4/00/05880/OResidential development – Refusal January 1979
4/00/03825Residential development – Refusal – July 1977
4/00/01976/OResidential development – Refusal March 1976
4/00/01255/OResidential development – Refusal July 1975

March 2005

Retail & Commercial Leisure Land Monitor
Area Site Name Agent Nature of Scheme Gross Area
(m 2)
Application
Numbers
Application
Status
Northwich Land at Chester Road,
Cuddington
HOW planning
0161 835 1333
Proposed mixed use development
including hotel, public house and family
restaurant 
69000APP/2004/1472 Undetermined -
currently at
appeal

December 2004

Appeals
Application No. Appellant Site Address Parish Proposal Date Rec'd Type Officer
APP/ 2004/1472 OSBORNE HOUSE
LTD
LAND AT
CHESTER ROAD,
CUDDINGTON
CUDDINGTON PROPOSED MIXED USE
DEVELOPMENT - OUTLINE (
WITH MEANS OF ACCESS)
15/12/2004 ICW

October 2004

The Guardian

THE agents behind a controversial planning proposal in Cuddington have taken steps to reassure residents about their fears over the development....

September 2004

The Guardian

A CONTROVERSIAL planning proposal has outraged residents in Cuddington....

Vale Royal Borough Council - Local Plan Task Group

4.11.3 The site covers approximately 6.88 hectares and is greenfield. The site is in a fairly sustainable location however, access to the site would have to be taken from Ash Road as direct access from the A49 and A556 would prove difficult. However, asthis is a greenfield site and it is considered that there is no need for further employment land allocations it is recommended that the site should not be allocated in the Local Plan for employment development.

General Strategy 2004
(v) LAND AT FOREST ROAD, CUDDINGTON BE INCLUDED IN THE GREEN BELT

Reasons and Explanations

(i) Land at Forest Road, Cuddington was taken out of the Green Belt in 1992 through the Vale Royal Borough Local Plan. It was subsequently allocated for housing In the First Review of the Plan (2001) to contribute towards the housing development requirements of the Borough to 2011. There is no longer a need for this large greenfield site and it has been de-allocated through a change to policy H2. The Vale Royal Urban Capacity Study has identified that there is a significant amount of sustainable brownfield land within the main built up areas of the Borough through to 2016. Because of the scale of further housing allocations in the Local Plan there is a very restrictive policy towards further new-build windfall development. This will mean that not all of the capacity identified in the Study to 2011 will be realised. Added to this is a strategy in Regional Planning Guidance for the North West which seeks to reduce the annualised rate of new build development across the Region which the Local Plan at its next stage will need to take account of following changes to the Structure Plan. These factors taken together mean that it is highly unlikely that the Forest Road site will be needed to meet the Borough’s housing requirement in the long-term. A revised long-term Green Belt boundary can therefore be established. This change directly fulfils a number of the purposes of including land in the Green Belt set out in PPG2:Green Belts, in particular:

  • to assist in safeguarding the countryside from encroachment, and
  • to assist in urban regeneration by encouraging the recycling of derelict and other urban land.

November 2001

The A556 Trunk Road in Cheshire (A556/A54 Junction to M6 Motorway) (Detrunking) Order 2001

The length of the trunk road ceasing to be trunk road is situated in the Boroughs of Vale Royal and Macclesfield in the County of Cheshire between the junction with the A54 (marked "A" on the plan) and the southern junction with the A556 junction above the M6 Motorway (marked "B" on the plan) is shown by broad black dashes on the plan, and is approximately 24km in length.

March 2001

15/03/2001 Homes plan withdrawn
15/03/2001
Homes plan withdrawn


Plans for a new development of 136 dwellings in Cuddington and Sandiway have been withdrawn.

Redrow Homes had applied to Vale Royal Borough Council for planning permission for the development on land adjacent to Chester Road and Forest Road, Cuddington.

The application was due to be considered at a meeting of the Planning Committee and a report had recommended that it should be refused. The report recommended refusal because it is anticipated that the Council will be able to meet the requirements for housing land through the development of sites which are the subject of extant planning permissions, previously developed sites allocated for housing and windfall development on previously developed sites.

The application which was withdrawn by the company was for an area of 6.8 hectares of agricultural land to the south west of the existing built area of Cuddington and Sandiway. The plan was for a mix of housing types from large detached dwellings of two and two-and-a-half storeys along with groups of smaller properties in terraced blacks to three-storey town houses.

Additional Information