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1. INTRODUCTION
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  WHAT IS A LOCAL PLAN?
1.1 The planning system, as established in the Town and Country Planning Acts, is intended to:
 
  • regulate the development and use of land in the interest of the general public:
  • balance the needs of development and conservation: and
  • secure the most efficient and appropriate use and development of land.
1.2 Development Plans play a key role in achieving the above mentioned objectives and provide an essential framework for planning decisions. In this area the development plan system is divided into two tiers:
 

STRUCTURE PLAN : which is prepared by the County Council and sets out key strategic policies for the whole of the County on matters such as housing, employment and transport and provides a framework for Local Plans.

LOCAL PLANS : which are in the main prepared by District Councils and set out more detailed policies to guide development within the whole of a local authority area including proposals for specific sites.
1.3 The main functions of a Local Plan are:
 
  • to interpret strategic policies contained in the Structure Plan at a detailed local level;
  • to provide policy guidelines for the consideration of all planning applications;
  • to provide a framework for coordinating development by public authorities;
  • to give the public the opportunity to comment upon and become involved in the resolution of local planning issues;
  • to ensure future development of the Borough is in accordance with, and to facilitate the broader objectives of, the Council as set out in its Corporate Strategy and 6 supporting Strategies.
1.4 Policy guidance from the Office for the Deputy Prime Minister (ODPM) in respect of Local Plans stresses the importance of Local Plans as the basis for sound and effective development control. However, it is emphasised that Local Plans must be up to date and give due recognition to national planning policies, regional guidance and the provisions of approved structure plans.
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  THE CONGLETON BOROUGH LOCAL PLAN
1.5 The Congleton Borough Local Plan was first produced for the plan period 1986 - 2001 and adopted in 1998. This current document is a review of the Local Plan prepared within the framework of the approved Replacement Structure Plan 'Cheshire 2011'. It puts forward the policies and proposals of the Borough Council in respect of all aspects of land use planning within the Borough up to and including the year 2011 (for the purposes of land availability monitoring the end date of the Local Plan is taken as the end of June 2011). This document is therefore a replacement Local Plan and is effectively a detailed extension of the Council's Environmental Sustainability Strategy.
1.6 It has been prepared in accordance with government guidance and advice on the preparation of Development Plans as set out in PPG12: Development Plans and in 'Development Plans. A Good Practice Guide' (December 1999) to reflect current best practice and value and follow the procedures for the preparation of local plans which came into effect in January 2000.
   
  FIRST MONITORING REPORT
1.7 Monitoring the performance of a Local Plan is a key requirement of government guidance on Development Plans and is considered an essential part of the review process to ensure that it remains up to date and relevant. The first monitoring report of the Congleton Borough Local Plan First Review was produced by the Council in July 2003. Subsequent monitoring reports will be published on an annual basis.
1.8 The Monitoring Report measures the Council's performance against objectives and targets included within the Local Plan and assesses the take-up and supply of housing and employment land. The report considers not just the whole of the Borough, but also looks at differences between areas within the Borough and, where appropriate, compares the Borough with other areas. It aims to show that what the Borough Council is delivering through the Local Plan is effective and meeting the Plan's objectives. The conclusions and actions identified in the report are used to inform future policy decisions and reviews of the Local Plan.
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  THE PLAN AREA
1.9
The Plan covers the whole of the Congleton Borough, which comprises the four towns of:
Congleton Sandbach Middlewich Alsager
and the rural area which comprises the nineteen rural parishes of:
Arclid
Church Lawton
Holmes Chapel
Newbold Astbury
Somerford Booths 		Betchton
Cranage
Hulme Walfield
Odd Rode
Swettenham 		Bradwall
Goostrey
Moreton
Smallwood
Twemlow
Brereton
Hassall
Moston
Somerford
   
  Dig.1 The Plan Area and its Towns and Parishes
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  THE FORM AND CONTENT OF THE PLAN
1.10 The Local Plan has been structured so as to provide a clear framework for controlling development comprising of the following elements (see dig. 2) :
   
  Dig.2 The Form of the Local Plan
 
  • a Plan Strategy statement comprising of aims, objectives and targets; a set of guiding principles to indicate the main directions of the plan; and, a set of development approaches for each geographic area to indicate broadly how new growth is to be accommodated.

  • Policies and Proposals for the development and use of land, in particular those which will form the basis for deciding planning applications and determining the conditions to be attached to planning permissions.

  • an Implementation statement setting out the measures which the Borough Council will use to help implement the policies and proposals and the objectives which will be achieved. Dig.2 The Form of the Local Plan

  • a Monitoring statement setting out how the Borough Council proposes to monitor the Local Plan against the targets which have been set.
   
1.11 The Borough Council also uses Supplementary Planning Guidance (SPG) in the form of subject guidance notes and development briefs to supplement certain policies and proposals of the Local Plan. However, these are prepared separately to the Local Plan and do not form part of it.
1.12 The format of the Local Plan is divided into two distinct parts - the Written Statement (this document) and several maps (in the inside pocket of front cover). Although both parts are intended to be complementary to each other, in the event of a contradiction the provisions of the Written Statement will prevail.
   
  THE WRITTEN STATEMENT
1.13 The Written Statement is arranged to enable it to be used as a policy document to control development and is designed to be read as a whole. The Plan Strategy (Chapter 2) sets out the framework within which the Plan has been prepared and it's general aims, objectives and targets as well as the broad policies which govern development in the Borough. This is followed by a section dealing with General Requirements (Chapter 3) which sets out detailed considerations which all development is required to comply with. The subsequent topic chapters each relate to a specific policy area, namely:
  4. Natural Environment and Resources
5. Built Environment and Heritage
6. Economy
7. Housing
8. Town Centres and Shopping
9. Recreation and Community Facilities
1.14 Each of these chapters contains a brief introduction to the topic and a summary of the relevant national, strategic and local context within which the policies have been prepared, followed by the actual policies.
1.15 Chapter 10 of the Local Plan deals with the proposals for the Local Plan and sets out all proposed allocations and schemes and includes a brief description of each allocated site and the development requirements.
1.16 The policies and proposals are typed in bold, upper case lettering and shaded for easy identification and are each given a reference letter and number e.g.:
THE BOROUGH COUNCIL WILL ENSURE THAT SUFFICIENT LAND OF THE RIGHT TYPE IS MADE AVAILABLE ?
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1.17 Beneath each policy is a brief explanation about why that particular policy has been included within the Local Plan. This justification is typed in lower case italic lettering to distinguish it from both the policy and the main text of the section e.g.:
  The figure of 180 hectares of land is the Congleton district allocation for new industrial and business development as contained in the approved Cheshire 2011 Replacement Structure Plan ?
1.18 The policies in the Local Plan are concerned with the future use of land in the Plan Area and with measures for the improvement of the physical environment and the management of traffic. The Plan does not, therefore, give a land use zoning for every plot of land in the plan area; rather it is concerned with areas where change is likely to occur and areas within which certain policies will operate.
1.19 The Written Statement also contains a section on Implementation (Chapter 11) and Monitoring (Chapter 12), a glossary to explain technical terms and abbreviations, an index, and an appendix containing supporting technical information and approved Supplementary Planning Guidance Notes.
   
  THE MAPS
1.20 The Local Plan contains a Proposal Map for the whole of the Borough at approximately 1:35,000 scale, together with Inset Maps for the following areas:
  1 Congleton
2 Sandbach (incl. Hays Chemicals)
3 Middlewich
4 Alsager (including Lawton Gate and Lawton Heath End)
5 Holmes Chapel & Cranage
6 Goostrey
7 Scholar Green
8 Mow Cop, Mount Pleasant & The Bank
9 Arclid
10 Brereton Green
11 Brereton Heath
12 Astbury
13 Rode Heath
14 Hassall Green
15 Winterley
16 Twemlow
17 Malkins Bank
18 Rudheath Woods
1.21 The Inset Maps, which have been produced on an Ordnance Survey base at a scale of 1:10,000, show those sites which are allocated for development and areas within which specific policies will apply.
1.22 Proposals for the town centres of Congleton, Sandbach, Middlewich and Alsager are shown on Town Centre Inset Maps and for Holmes Chapel village centre on a Village Centre Inset Map which are all produced at a scale of 1:2500.
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  RELATIONSHIP TO OTHER PLANS
1.23 The Congleton Borough Local Plan has been prepared taking account of a number of other relevant statutory Local Plans.
   
  THE COUNTY STRUCTURE PLAN
1.24 All Local Plans are obliged to conform to the provisions of the Approved Structure Plan as it stands at the time, and to be certified as so conforming by the County Council. The Cheshire Replacement Structure Plan has been prepared by the Cheshire County Council and became operative on 1 July 1999. The Plan aims to shape the pattern of development and conservation of the environment in Cheshire to the year 2011.
1.25 The Local Plan will refer to the policies of the Cheshire Replacement Structure Plan where they are relevant to the Local Plan area.
   
  CHESHIRE MINERALS LOCAL PLAN
1.26 Cheshire County Council is the Planning Authority for all mineral matters within the County and has produced a Replacement Minerals Local Plan which was adopted by the County Council in June 1999. The Plan provides detailed policies and guidance on mineral development within the County and identifies 'preferred areas' for silica sand quarrying and 'areas of search' for sand and gravel working within the Borough.
   
  CHESHIRE WASTE DISPOSAL LOCAL PLAN
1.27 The County Council is responsible for deciding all planning applications for waste disposal activities within the County and has produced a Waste Disposal Local Plan which was adopted by the County Council in 1987. The Plan incorporates comprehensive policies for the location of waste disposal facilities. This Plan is currently being reviewed by the County Council - a first deposit draft of the Replacement Waste Local Plan was placed on deposit in May 2004.
   
  LOCAL TRANSPORT PLAN
1.28 Local Transport Plans (LTP) were introduced by the Government to replace Transport Policies and Programmes (TPPs ) as the key to the delivery of integrated transport locally. The LTP provides the basis for an integrated approach which will implement the transport aspect of development plan strategies.
1.29 The County Council, in conjunction with the District Councils, is responsible for the Local Transport Plan for Cheshire which covers all forms of transport including highways, public transport, cycling and walking. Cheshire's first full LTP - published in October 2000 - was developed by the County Council in conjunction with the 6 Cheshire District Councils for the period 2001/2 to 2005/6. The full LTP aims to maintain existing transport infrastructure and manage its use; to improve road safety; and to widen travel choice by supporting more sustainable modes. The LTP sets out a 5 year integrated transport strategy for Cheshire and is subject to annual progress reports.
   
  JODRELL BANK RADIO TELESCOPE CONSULTATION ZONE
1.30 Since 1973, the Borough Council has been required, under a direction of the Secretary of State for the Environment, to consult the University of Manchester on any application for development, subject to certain specified exceptions, within a six-mile radius of the Lovell Radio Telescope at Jodrell Bank. This Direction has been taken into account in deciding allocations and developing appropriate policies for controlling development within the Consultation Zone in as far as it affects the Plan Area.
   
  NEIGHBOURING AUTHORITIES
1.31 This Local Plan has also taken into account the plans of neighbouring authorities, where relevant, to ensure that there is no conflict between the policies of the relevant documents.
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  BOROUGH STRATEGIES
1.32 Local strategies are important to the Local Plan in that they set out the aims, targets and actions of the Borough Council in respect of specific subject areas which may have an influence on the future direction of land use planning and which the Local Plan should complement and support through its own policies and proposals. The following Borough strategies have been taken into account in reviewing the Local Plan reference to which is made in the relevant chapters:
 
  • Corporate Strategy
  • Community Safety Strategy
  • Cultural Strategy
  • Economic Development Strategy
  • Environmental Quality Strategy
  • Health Alliances Strategy
  • Housing Strategy
  • Leisure Strategy
  • Nature Conservation Strategy
  • Parks and Public Open Spaces Strategy
  • Sustainable Transport Strategy
  • Town Centre Management Strategy
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  STUDIES AND SURVEYS
1.33 The baseline information needed to make appropriate judgements and decisions on future planning direction has been provided by the following studies and surveys which have been undertaken for the review:
 
  • Urban Potential Study
  • Site Assessments
  • Retail Capacity Study
  • Accessibility Profile
  • Landscape Character Assessment
  • Employment Land Study
  • Housing Study
  • Local Area Profiles
1.34 The findings of each study are set out in separate reports accompanying the Local Plan and are referred to in the relevant proceeding chapters of the Written Statement.
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  ENVIRONMENTAL AND SUSTAINABILITY APPRAISAL
1.35 A full appraisal has been undertaken of all the policies and proposals in this Local Plan to assess their likely impact on a broad range of environmental and sustainability factors. The results of the appraisal are set out in a separate document. It is proposed that the appraisal will be updated at each stage of the review process in order to check that the Local Plan remains consistent with the principles of sustainable development.
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  THE LOCAL PLAN REVIEW PROCESS
1.36 In accordance with current procedures, the Local Plan has undergone several stages of change and consultation, including two separate periods of deposit, before being formally adopted.
   
1 APPRAISAL AND ASSESSMENT
  Dig.3 The Local Plan Process
 
 
1.37 Much of the initial work on the Review concentrated on undertaking a number of surveys and studies to appraise and assess the existing environment in order to provide up-to-date base information and identify long-term needs and opportunities, and to monitor the implementation of the previous adopted Local Plan to establish whether its policies and proposals were achieving what they were intended to do.
   
2 ISSUES AND OPTIONS
1.38 The Borough Council placed considerable emphasis on identifying broad issues and options for development in the pre-deposit stage of the plan preparation process. A period of consultation was held during 1999 with key bodies, including Town and Parish Councils, on the issues and options for the plan strategy, examining alternative scenarios and general policy concerns which will help shape the revised Plan. Contributions to the debate was also invited from the public, developers, local businesses and other organisations through publicity, exhibitions and meetings. The results of the consultations are summarised in a separate document (see Appendix A1).
   
3 DEPOSIT OF THE PLAN
1.39 An initial draft Local Plan was prepared and placed 'on deposit' for a period of 6 weeks between 3rd November 2000 and 15th December 2000 to give an opportunity for anyone to make representations objecting to, or in support of, a policy or proposal in the Plan. A total of 2,341 representations were duly made of which 2,022 were objections and 319 were in support. In June 2001 the Council considered all the representations and agreed to make a number of changes to the Local Plan.
   
4 REVISED DEPOSIT STAGE
  1.40 A revised draft Local Plan was subsequently prepared incorporating the agreed changes to the Local Plan as initially deposited. A Certificate of General Conformity with the County Structure Plan was issued by the County Council on 28th September 2001. The revised draft Local Plan was placed on deposit again for 6 weeks from 8th October 2001 to 19th November 2001 following which the Council received a further 648 representations of which 318 were in support and 330 were objections. These were considered by the Council but no further material changes were made as a result.
   
5 PUBLIC LOCAL INQUIRY
1.41 A Public Local Inquiry into objections to the Local Plan was held between 11th June 2002 and 21st February 2003. The Inspector's Report on the Inquiry setting out his recommendations as to the action which the authority should take in respect of all the objections made to the plan at both the first and revised deposit draft stages was received by the Borough Council on 15th September 2003.
1.42 The Council considered the Inspector's Report and his recommendations at its meeting on 11th December 2003. At this meeting the Council agreed its response to each of his recommendations and the modifications to the Local Plan which the Council proposed to make. Whilst the Council accepted the majority of the Inspector's recommended modifications to the Local Plan, it also resolved not to accept some of his recommendations.
   
6 MODIFICATIONS STAGE
1.43 The Proposed Modifications to the Local Plan were placed on deposit for 6 weeks between 16th January 2004 and 27th February 2004 following which the Council received 546 representations of which 113 were in support of the modifications, 397 were objections to the modifications and 36 were objections to the absence of a modification recommended by the Inspector. These were considered by the Council which resolved to make one further material change to the Local Plan. This was placed on deposit for 6 weeks between 16th April 2004 and 28th May 2004.
  In response to a Direction to Modify from the First Secretary of State dated 16th August 2004, the Council also agreed to propose a second further modification to the Local Plan. This proposed further modification was on deposit for a period of six weeks from Friday 29th October to Friday 10th December 2004.
   
7 ADOPTION
1.44 The Local Plan was formally adopted on 27th January 2005. Although this represents the final stage of the actual plan preparation process, the Local Plan process is an on-going one which requires continual monitoring to identify changes and enable the Local Plan to be kept as up-to-date as possible. Annual monitoring reports will evaluate the plan's effectiveness.
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  FUTURE CHANGES
1.45 The Council is committed to an early review of its Local Plan to provide planning guidance for the period up to 2016. The Review will take on board the revised Regional Planning Guidance for the North West, which was issued by the Deputy Prime Minister in 2003 and will also take into account the review of the County Structure Plan, which is currently being carried out by Cheshire County Council.
1.46 The review will be carried out under the new Local Development Framework procedures in the form of Development Plan Documents.
   
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