Pre- submission Core Strategy and associated documents consultation. Submitted on behalf of Extra Motorway Services Area Group

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1 Pre- submission Core Strategy and associated documents consultation (5 th November 16 th December 2013) Submitted on behalf of Extra Motorway Services Area Group Reference: BIR.4412 Date: December The Priory Old London Road Canwell Sutton Coldfield B75 5SH Telephone: Fax: Birmingham Bracknell Bristol Cambridge Cirencester Leeds Nottingham Manchester BIR

2 1.0 Pre- submission Core Strategy and associated documents consultation - Representations on behalf Extra Motorway Services Area Group We are instructed to submit Representations to the Cheshire East Local Plan Presubmission Core Strategy and associated documents consultation on behalf of Extra Motorway Services Area Group who are developers and operators of Motorway Service Areas. These Representations have been prepared in the context of the National Planning Policy Framework (2012) and the Department for Transport Circular 02/2013 The Strategic Road Network and the Delivery of Sustainable Development. A Local Plan needs to be justified, effective and in accordance with national planning policy in order to be deemed sound (paragraph 151 NPPF). It should be positively prepared, ie it should be based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is practical to do so consistently with the presumption in favour of sustainable development. In particular, paragraph 19 states that Planning should proactively drive and support the development that this country needs. Every effort should be made to identify and meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Paragraph 14 notes that plan making means that local planning authorities should positively seek opportunities to meet the development needs of their area and that Local Plans should meet objectively assessed needs, with sufficient flexibility to adapt to rapid change. The policies of the Local Plan should be justified, i.e. should make clear that the strategy being put forward is the most appropriate strategy, when considered against reasonable alternatives. It should be effective i.e. deliverable over the period up to 2030 and based on effective joint working on cross-boundary strategic priorities; and consistent with national policy as set out in the National Planning Policy Framework For reasons which are explored within these Representations, it is considered that the Cheshire East Local Plan Pre-submission Core Strategy is unsound and should not proceed in its current form. BIR

3 2.0 Background and Context Extra Motorway Services Area Group is an acknowledged owner, developer and operator of high quality Motorway Service Areas (MSA) across the strategic road network. It has recently developed two new MSAs on the network at Cobham (M25) and Beaconsfield (M40, J2). Extra Motorway Service Area Group is the long-term investment owner of 18 MSAs on the UK Motorway Network, 7 of these sites being branded Extra. Pre-deregulation in 1992, the Government primarily owned MSAs and granted 50 year leases to operators. Deregulation permitted private sector freehold MSA ownership and improved the range of MSA facilities. There are 106 Motorway Service Areas (MSAs) in operation across the UK, 100 owned by the four major operators and 6 sites owned by other operators. 2.1 Role and purpose of Motorway Service Areas Motorway Service Areas (MSA) are a key component of the national road network and play a vital role in ensuring the safety and welfare needs of users of the network can be met. Motorway service areas and other roadside facilities perform an important road safety function by providing opportunities for the travelling public to stop and take a break in the course of their journey. Government advice is that motorists should stop and take a break of at least 15 minutes every two hours. Drivers of many commercial and public service vehicles are subject to a regime of statutory breaks and other working time restrictions and these facilities assist in compliance with such requirements Circular 02/2103: The Strategic Road Network and the Delivery of Sustainable Development, Annex B: Roadside facilities for road users on motorways and all-purpose trunk roads in England. Paragraph B4. MSAs must be attractive and well located if they are to adequately meet this need as the travelling public will not otherwise make proper use of them. Parts of the national motorway network currently experience gaps in MSA provision, including within the Cheshire East area. BIR

4 3.0 Policy Context The following guidance is of relevance: National Planning Policy Framework 2012 (NPPF) Circular 02/2103 The Strategic Road Network and the Delivery of Sustainable Development, Annex B: Roadside facilities for road users on motorways and allpurpose trunk roads in England. 3.1 National Planning Policy Framework (NPPF) Section 1 Building a Strong, Competitive Economy The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future A clear objective of the NPPF is to achieve sustainable economic growth, with the role of local planning authorities to plan proactively to meet the development needs of business and support an economy fit for the 21 st century. Section 4 of these Representations considers the policies of the Cheshire East Presubmission Core Strategy in more detail. In essence the lack of a specific policy on the need for, and role, of MSAs in the plan reduces the effectiveness of the plan to deliver the vision for job growth. Section 4 Promoting Sustainable Transport Section 4 of the National Planning Policy Framework Promoting Sustainable Transport, paragraph 31 deals with the provision of motorway service areas and notes: Local authorities should work with neighbouring authorities and transport providers to develop strategies for the provision of viable infrastructure necessary to support sustainable development, including large scale facilities such as rail freight interchanges, roadside facilities for motorists or transport investment necessary to support strategies for the growth of ports, airports or other major generators of travel BIR

5 demand in their areas. The primary function of roadside facilities for motorists should be to support the safety and welfare of the road user. Section 4 of these Representations considers the policies of the Cheshire East Presubmission Core Strategy in more detail. In essence, it is considered that the failure of the Cheshire East Pre-submission Core Strategy to include a policy which recognises the need for, and role of, MSAs in the supporting the safety and welfare of road users and guides their future provision within the area covered by the plan means that it is inconsistent with national policy (as set out in paragraph 31 of the NPPF) and has not been positively prepared and as such it is unsound. Section 9 Green Belts A substantial part of the motorway network in Cheshire East runs through areas of Green Belt. The motorway exists, and as such its location dictates that the location of new MSAs will also be within Green Belt. It is therefore appropriate to consider their future location in terms of the impact on Green Belt. To this end the NPPF, paragraph 90, provides the following specific guidance: Certain other forms of development are also not inappropriate in Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purpose of including land in Green Belt. These are: Mineral extraction; Engineering operations; Local transport infrastructure which can demonstrate a requirement for a Green Belt location The re-use of buildings provided that the buildings are of permanent and substantial construction; and Development brought forward under a Community Right to Build Order. Section 4 of these Representations considers the policies of the Cheshire East Presubmission Core Strategy in more detail. In essence, the failure of the Cheshire East Pre-submission Core Strategy to acknowledge the role of MSAs as not inappropriate development within the Green means that it is has not been positively prepared and as such it is unsound. BIR

6 3.2 Circular 02/2013 Circular 02/2103 Annex B relates specifically to the provision of roadside facilities for road users on motorways and all-purpose trunk roads in England. This makes clear, at paragraph B2, that All such proposals will be considered in the context of the National Planning Policy Framework and. In particular, the statement that it includes regarding the primary function of roadside faculties being to support the safety and welfare of the road user. The Circular contains the following advice on spacing of such facilities: B5. The network of service areas on the strategic road network has been developed on the premise that opportunities to stop are provided at intervals of approximately half an hour. However the timing is not prescriptive as at peak hours, on congested parts of the network, travel between service areas may take longer. B6. The Highways Agency therefore recommends that the maximum distance between motorway service areas should be no more than 28 miles. The distance between services can be shorter, but to protect the safety and operation of the network, the access / egress arrangements must comply with the requirements of the Design Manual for Roads and Bridges 1 including its provisions in respect of junction separation. B7. Speed limits on the strategic road network vary and therefore, applying the same principles, the maximum distance between signed services on trunk roads should be the equivalent of 30 minutes driving time. This distance can also be shorter, also subject to compliance with design requirements set out in the Design Manual for Roads and Bridges. B8. The distances set out above are considered appropriate for all parts of the strategic road network and to be in the interests and for the benefits of all road users regardless of traffic flows or route choice. In determining applications for new or improved sites, local planning authorities should not need to consider the merits of minimum spacing criteria established for safety reasons. Nor should they seek to prevent competition between operators; rather they should determine applications on their specific planning merits. 1 Design Manual for Roads and Bridges BIR

7 On this basis, it is clear that the guidance is seeking a network of service areas of high quality on a general presumption that there will be a chance for motorists to take a break within a 28 miles distance or 30 minutes travel time. In terms of planning and development, the Circular notes that (paragraph B9) that It is for the private sector to promote and operate service areas that meet the needs of the travelling public. New and existing roadside facilities are subject to the provisions of relevant planning legislation and regulation, which together set the framework within which local planning legislation would consider the planning proposals for such developments. There is a need for new MSA facilities on the M56 in Cheshire East and as such, it is reasonable to expect that the Core Strategy should include a policy which assists commercial operators in identifying suitable sites. It is clear however that no consideration has been given to this need or to policy advice as set out in Circular 02/2013. In the absence of such a policy it is considered that the Cheshire East Presubmission Core Strategy, as currently drafted, fails to meet the tests of soundness, in particular the requirement that plans should be positively prepared - meeting objectively assessed development and infrastructure requirements and also that they should be consistent with national policy. 4.0 Pre- submission Core Strategy Section 3 above identified the relevant national planning policy context (as set out in the NPPF), alongside specific and relevant government guidance in relation to the provision of Motorway Service Areas (as set out in circular 02/2013). This section considers the extent to which the Cheshire East Local Plan Pre-submission Core Strategy is consistent with these polices. 4.1 Section 1 - Introduction Paragraph 1.12 of the Pre-submission Core Strategy notes that This plan is strongly underpinned by a need to improve transport connections across the Borough. Ensuring that there are sufficient. well located and attractive MSAs to meet the safety and welfare needs of the travelling public is key to this and yet there is no mention of MSAs, or their role in supporting the safety and welfare of road users, within the whole document. The BIR

8 absence of consideration of a key component of the transport infrastructure within the Cheshire East area is considered a fundamental failure, the impact of which renders the plan unsound. 4.2 Section 8 - Green Belt Policy PG3 of the Pre-submission Core Strategy deals with the Green Belt. This policy largely repeats policy as set out in the NPPF and in doing so confirms that local transport infrastructure which can demonstrate a requirement or a green belt location is not inappropriate in the Green Belt (section 4 of the policy). The location of the motorways within Cheshire East is fixed - they exist and they run through significant areas of Green Belt. As such new MSAs are more than likely to be located within the Green Belt as they are tied to the motorways. Recognition of this fact and that new MSAs may therefore need to be located within the Green Belt should therefore be included within the supporting text to this policy. In the absence of this recognition the plan cannot be considered to have been positively prepared. 4.3 Section 11 Enterprise and Growth The Pre-submission Core Strategy has a jobs-led vision, with a proposition to deliver 15,000 new jobs by 2030 and 20,000 jobs in the longer-term. This vision is in accordance with Section 1 of the NPPF to build a strong, competitive economy by securing economic growth in order to create jobs and prosperity. MSAs contribute significantly to the local economy providing a considerable number of full time equivalent permanent new jobs along with additional indirect jobs (i.e. construction). Given the lack of a policy in the Pre-submission Core Strategy which recognises the need for, and role of, MSAs the plan cannot be considered to have been positively prepared. Indeed, the inclusion of a specific policy would improve the effectiveness and assist to deliver the vision for job growth identified above. BIR

9 4.4 Section 14 Connectivity Whilst national planning policy seeks to reduce car use, there is no doubt that the road network will remain the primary artery of connectivity across the country for many years. Whilst modal shift to more sustainable means of transport must be encouraged, there is also a need, and indeed a responsibility, to ensure that the road network remains safe and efficient. As paragraph 14.4 notes The economic strength of Cheshire East, and the quality of life on offer, every much depend on the accessibility, quality and cost of transport facilities. Paragraph 14.6 notes that We want to make sure that our transport system enables people to safely get to the places they want to.... MSAs play a key role in the safety and welfare of users of the motorway network. Recognition of this is required and failure to do so renders the plan unsound ie it has not been positively prepared in that it does not meet objectively assessed development and infrastructure requirements. Policy CO2 Enabling Business Growth Through Transport Infrastructure Whilst this policy includes reference to supporting the improvement of rail infrastructure (section 2.iv) it is noticeably silent on the need to improve supporting infrastructure on the national motorway network. Failure to do so renders the plan unsound i.e. it has not been positively prepared in that it does not meet objectively assessed development and infrastructure requirements and inconsistent with national policy - enabling the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework. 5.0 Conclusions Para 154 of the NPPF notes that Local Plans should be aspirational but realistic. They should address the spatial implications of economic, social and environmental change. Local plans should set out the opportunities for development and clear policies on what will or will not be permitted and where. Only policies that provide a clear indication of how a decision maker should react to a development proposal should be included in the plan For reasons which have been outlined in these representations, it is considered that the absence of reference to the role of MSAs in ensuring the safety and welfare of users of BIR

10 the motorway network within the Cheshire East Area, and the need for additional provision where required to meet national policy (NPPF and Circular 02/2013) renders the plan unsound. BIR