Stapleford & Great Shelford Neighbourhood Plan Submission Version

INTRODUCTION
We have been instructed by Ely Diocesan Board of Finance (EDBF) to respond to the Reg.16 consultation for the draft Stapleford and Great Shelford Neighbourhood Plan (draft S&GSNP).

EDBF owns the land occupied by allotments to the west of Haverhill Road in Stapleford, which would be directly affected by some of the proposed policy designations within draft S&GSNP. A site location plan for the allotment land is provided in Appendix A. EDBF also owns land east of Haverhill Road in Stapleford. It is proposed to improve the path on the eastern side of Haverhill Road adjacent to EDBF land, and to create a new public rights of way route into the countryside on land that EDBF own.

In summary, EDBF objects to the following designations in draft S&GSNP:
• the proposed Visually Important Open Land designation at Stapleford Allotments (as shown on Map 8 and described in Appendix 6) on the basis that this term is not defined, this land is already designated as Green Belt which is specifically about retaining openness, and the site is surrounded by dwellings and trees so it is not visible from the wider surrounding area; and
• the proposed Local Green Spaces designation at Stapleford Allotments (LGS 8) (as shown on Map 11) on the basis that the land is already designated as Green Belt and it is not necessary to duplicate policy designations that have an identical status.

In due course draft S&GSNP will be examined by an Independent Examiner who will determine whether the basic conditions for a neighbourhood plan have been met. As explained in this response, it is considered that some of the policies and designations in draft S&GSNP do not meet Basic Condition (a) and are inconsistent with national policy.

At the end of the representations to each policy is a summary and the requested changes.

All references to the NPPF in these representations relate to the December 2023 version unless otherwise stated because of the transitional arrangements for neighbourhood plans contained in Paragraph 239 of the December 2024 NPPF.

REPRESENTATIONS TO DRAFT S&GSNP

Objectives

COMMENT
Paragraph 5.2 identifies 10 theme-based objectives for draft S&GSNP. These objectives are appropriate. It is noted that the objectives related to housing, biodiversity, community amenities and infrastructure, and countryside enhancement all refer to development, and it is assumed that additional development is necessary to support the delivery of those objectives. However, draft S&GSNP does not allocate any land for development and does not provide any policy support for development to be brought forward in the future through the emerging Greater Cambridge Local Plan process.

Draft S&GSNP should include a policy that supports the allocation of land for development at the villages through the emerging Greater Cambridge Local Plan process to deliver the housing, biodiversity, community amenities and infrastructure, and countryside enhancement related objectives.

Summary Representation
It is unlikely that those objectives that are associated with the delivery of additional development - housing, biodiversity, community amenities and infrastructure, and countryside enhancement - would be achieved without specific policy support for development.

Requested Change
No changes are requested to the objectives.


Policy S&GS 12: Protecting Stapleford and Great Shelford’s Landscape Character

OBJECT

Policy S&GS 12 relates to landscape character, and as part of this policy seeks to designate land as Visually Important Open Land. The land at Stapleford Allotments is designated as proposed Visually Important Open Land (part of Site Ref. 8), which is shown on Map 6 and described in Appendix 6. EDBF own the land at Stapleford Allotments. The allotments are unrelated to the adjacent land included within Site Ref. 8, and have a different character and relationship with that land and the surrounding area.

In summary, it is not necessary for land at Stapleford Allotments to be designated as Visually Important Open Land, when this land is already protected as Green Belt which is specifically about retaining openness, the landscape character of the existing allotments would be protected by adopted Local Plan policies, and the allotment land has limited visibility from the surrounding area.

Policy S/4 of the adopted South Cambridgeshire Local Plan seeks to maintain a Green Belt around Cambridge, with any development proposals in the Green Belt assessed against national policies contained in the NPPF. The Green Belt at Great Shelford and Stapleford is defined on the Local Plan Proposals Map Inset No.45. Stapleford Allotments fall within the land designated as Green Belt, and are located outside of the development framework for the villages. As highlighted in Paragraph 142 of the NPPF, openness is identified as an essential characteristic of the Green Belt. Policy NH/2 of the adopted South Cambridgeshire Local Plan seeks to protect and enhance landscape character, and refers to National Character Areas. Paragraph 16(f) of the NPPF states that plans, including neighbourhood plans, should “serve a clear purpose, avoiding unnecessary duplication of policies that apply to a particular area (including policies in this Framework, where relevant)”.

The proposed Visually Important Open Land designation at Stapleford Allotments would duplicate the openness requirement of the Green Belt designation that already applies to this land, and landscape character is already protected by Policy NH/2 of the adopted Local Plan. It is not necessary to duplicate development plan policies and national policies, and to do so would be inconsistent with Paragraph 16(f) of the NPPF. It is considered that, in respect of the proposed Visually Important Open Land designation at Stapleford Allotments, Policy S&GS 12 is not consistent with national policy, and as such would not meet Basic Condition (a).

Policy SC/8 of the adopted South Cambridgeshire Local Plan already protects existing allotments, including Stapleford Allotments. It is not necessary to duplicate development plan policies that already protect allotment use, and to do so would be inconsistent with Paragraph 16(f) of the NPPF.

There is no reference to the current Green Belt designation or the policy protection for existing allotments in the decision to identify Stapleford Allotments as Visually Important Open Land in Policy S&GS 12. If there had been then the land at Stapleford Allotments would not have been included within this proposed designation.

Appendix 6 of draft S&GSNP seeks to explain why land at Stapleford Allotments is proposed as Visually Important Open Land. The term ‘Visually Important Open Land’ is not defined in draft S&GSNP, but it appears from criteria (d) of Policy S&GS12 to be related to landscape matters. There is limited visibility of Stapleford Allotments from the surrounding area. There is housing located to the west, south and east of the allotments, and there are trees, hedgerows and other vegetation at all of the boundaries to the allotments. It is incorrect to describe the land at Stapleford Allotments as ‘visually important’, when in fact the land is fairly well enclosed. The allotments are adjacent to roads, residential uses, and a primary school, and as such are unlikely to be a particularly tranquil area that warrant special protection for this reason. Paragraph 041 (Ref ID: 41) of the Planning Practice Guidance states that “It [neighbourhood plan policies] should be concise, precise and supported by appropriate evidence”. The evidence put forward to explain and justify the proposed Visually Important Open Land designation at Stapleford Allotments is not robust, and as such this proposed designation does not have regard to national policy and would not meet Basic Condition (a).

Summary Representation
It is not necessary for land at Stapleford Allotments to be designated as Visually Important Open Land. This land is already protected as Green Belt which is specifically about retaining openness, the landscape character of the existing allotments would be protected by adopted Local Plan policies, and the allotment land has limited visibility from the surrounding area. It is requested that the proposed Visually Important Open Land designation of land at Stapleford Allotments (part of Site Ref. 8) is deleted.

Requested Change
It is requested that the proposed Visually Important Open Land designation of land at Stapleford Allotments (part of Site Ref. 8) is deleted from Map 6, and references to this proposed designation of the allotment land are removed from Appendix 6.


Policy S&GS 15: Local Green Spaces and Protected Village Amenity Area

OBJECT

Policy S&GS 15 seeks to designate land as Local Green Space. The land at Stapleford Allotments is designated as Local Green Space (Ref. LGS 7), which is shown on Map 9 and described in Paragraph 8.28. EDBF own the land at Stapleford Allotments.

In summary, it is not necessary for land at Stapleford Allotments to be designated as Local Green Space when they are already protected by Green Belt, and to do so would duplicate policies that already apply to the land and would be inconsistent with national policy.

Policy S/4 of the adopted South Cambridgeshire Local Plan seeks to maintain a Green Belt around Cambridge, with any development proposals in the Green Belt assessed against national policies contained in the NPPF. The Green Belt at Great Shelford and Stapleford is defined on the Local Plan Proposals Map Inset No.45. Stapleford Allotments fall within the land designated as Green Belt. It is noted that the emerging Greater Cambridge Local Plan does not seek to change the Green Belt status of the land at Stapleford Allotments. Section 13 of the NPPF sets out national Green Belt policy, including the purposes, when boundaries can be amended, the exceptional circumstances required to amend boundaries, and the types of development that are not inappropriate. The adopted Local Plan and the NPPF already provide strong protection from development for land located within the Green Belt, including the land at Stapleford Allotments. In addition, Policy SC/8 of the adopted Local Plan also seeks to protect existing allotments and to prevent their loss to other uses.

Paragraphs 105 to 107 of the NPPF explain the approach to designating land as Local Green Space. It is clear from Paragraph 107 that the development policies that would apply to land designated as Local Green Space should be identical to those that apply to land within the Green Belt. It is not necessary for land at Stapleford Allotments to be designated as both Local Green Space and Green Belt if the policies that apply to that land would be identical under both designations.
Paragraph 010 of Section Id.37 of the Planning Practice Guidance deals with circumstances where land protected by Green Belt should also be designated at Local Green Space. There is no assessment in draft S&GSNP as to whether any additional local benefit would be gains by designating Stapleford Allotments as Local Green Space when it is already designated as Green Belt. Stapleford and Great Shelford are not washed over by the Green Belt so the exception of identifying Local Green Space in villages included in the Green Belt does not apply in this case.

Paragraph 16(f) of the NPPF states that plans, including neighbourhood plans, should “serve a clear purpose, avoiding unnecessary duplication of policies that apply to a particular area (including policies in this Framework, where relevant)”. It is considered that designating Stapleford Allotments as Local Green Space in Policy S&GS 14 would duplicate the Green Belt designation and policies contained in the adopted South Cambridgeshire Local Plan and the policies in the NPPF that already apply to this land. It is not necessary for Policy S&GS 14 to duplicate adopted Local Plan policies or national policy, and to do so would be inconsistent with Paragraph 16(f) of the NPPF. It is considered that Policy S&GS 14 is inconsistent with national policy, and as such would not meet Basic Condition (a).

The Examiner’s Report for the Waterbeach Neighbourhood Plan (published August 2021), which considered proposed Local Green Space designations, addressed this same matter - see Paragraphs 6.107 to 6.116 and Recommendation 20 of the Examiner’s Report. In summary, the Examiner concluded that it was not necessary for allotments located in the Green Belt to also be designated as Local Green Space because they were already adequately protected by the Green Belt designation. The Examiner recommended that the proposed Local Green Space designation of allotments was deleted from the Waterbeach Neighbourhood Plan. It is suggested that the outcome should be the same, and the proposed designation of land at Stapleford Allotments as Local Green Space should be deleted from draft S&GSNP.

Summary Representation
It is not necessary for land at Stapleford Allotments to be designated as Local Green Space. The allotments are already protected by Green Belt, and to do so would duplicate policies that already apply to the land and would be inconsistent with national policy. It is requested that the proposed Local Green Space designation at Stapleford Allotments (Ref. LGS 7) is deleted.

Requested Change
It is requested that the proposed Local Green Space designation at Stapleford Allotments (Ref. LGS 7) is deleted from Policy S&GS 15 and from Map 9, and references to this proposed designation are removed from Paragraph 8.28.



Policy S&GS 20: Protecting and Improving Routes into our Countryside

COMMENT

Policy S&GS 20 of draft S&GSNP seeks to protect and improve the public right of way network in order to provide routes into the countryside. Map 13 identifies those locations where there are aspirations for improving routes into the countryside. The approach towards improving the public right of way network and access to the countryside would be consistent with Paragraph 104 of the NPPF.

There are a number of ways that new routes and connections to the public right of way network can be created. It might be possible to agree a right of access with a landowner, but this is unlikely if there would be no benefit to the landowner. A public body might allow access across its land as part of providing a benefit to the local community, but this would depend on landownership arrangements. It is more likely that new public rights of way would be agreed and delivered if there were benefits to a landowner, such as in conjunction with development. However, draft S&GSNP does not provide any policy support for development that might deliver new public right of way routes and connections.

Paragraph 11.15 of draft S&GSNP refers to a community aspiration to improve the existing path alongside Haverhill Road, between Stapleford and the A1307, in order to provide access for all non-motorised users e.g. pedestrians, cyclists, horses. EDBF own part of the land adjacent to the existing path. It is not clear from Paragraph 11.15 whether the proposed improvements to the path could be undertaken entirely within public highway owned land, the width of the land required for the proposed path and associated infrastructure, and what landscaping/boundary treatments would be provided adjacent to the proposed path. There has been no discussion or agreement with EDBF about improving this path.

If land owned by EDBF is required to improve the existing path alongside Haverhill Road, it is requested that this should be discussed with them in advance.

Summary Representation
The approach towards improving the public right of way network and access to the countryside would be consistent with national policy. Paragraph 11.15 of draft S&GSNP refers to a community aspiration to improve the existing path alongside Haverhill Road, between Stapleford and the A1307, in order to provide access for all non-motorised users If land owned by EDBF is required to improve the existing path then this should be discussed with them in advance.

Requested Change
No changes are requested to Policy S&GS 20.