Local Plan Issues and Options (Regulation 18)

Comment

Representation ID: 13918

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14438
Question TA 3 Are there any schemes listed above in TA 2 'Key local transport infrastructure priorities' that should be retained, modified, or deleted? With regard to the identification of infrastructure priorities that are promoted/safeguarded from development and the suggested policy approach  to review the existing transport infrastructure priorities, and the schemes listed in TA 2 'Key local transport infrastructure priorities', the Trust request that the canal and waterways listed under recreational routeways are retained to continue to contribute to the provisions of this policy.   The canal and towpath network should be identified for their potential infrastructure contribution to the above policy aims of TA1 and TA2.  

Comment

Representation ID: 13919

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14439
Question TA 4 - Are there any other transport schemes that should be included? The canal and towpath network should be identified for their potential infrastructure contribution to the above policy aims of TA1 and TA2, including the provision of a network for walking

Comment

Representation ID: 13920

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14440
INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS   Question ID 1 Do you agree with the suggested policy approach towards infrastructure and developer contributions, as set out above in ID 1 'Infrastructure and developer contributions'? If not please suggest how it could be amended. The Trust welcome that policy ensures infrastructure needs are planned for effectively and encourages sustainable transport as key issue and recognises water management (which can include drainage) and green infrastructure as important. The Trust support the suggested policy approach to retain Local Plan (Part One) policy STRAT 11 with amendments to ensure that new development provides necessary infrastructure to support development. In particular the provisions within STRAT 11 which: support measures to protect, enhance or improve access to existing facilities, services and amenities that contribute to the quality of life of residents, businesses and visitors, facilitate the timely provision of additional facilities, services and infrastructure to meet identified needs, whether arising from new developments or existing community need, in locations that are appropriate and accessible. The Trust welcome the aspirations of Policy ID1 of upgrading and improving the existing transport network to encourage sustainable transport links like cycleways, and would suggest inclusion of the towpath network and the contribution it can make. In line with the policy provisions of the NPPF, our waterways contribute to providing a high-quality network of open space and recreational provision, for people to get outside for leisure or recreation, either active or relaxing and spend time enjoying nature and tranquillity, supporting healthy lifestyles and well-being of local communities.   In principle, we support the use of our towpaths as sustainable active travel routes and welcome proposals to improve their access and usage.  New development near waterways can lead to additional demands on the use of our towpaths, and the need for towpath surface improvements and enhanced access provision. The Trust would highlight the importance of being able to secure developer contributions for such maintenance or improvements where appropriate.  This in in line with the tests for if planning obligations can be sought, as outlined in the CIL regulations 2010 and the NPPF, when an obligation is necessary to make a development acceptable in planning terms; directly related to a development; and fairly and reasonably related in scale and kind to the development. The Trust would welcome reference to the potential impact of development to be mitigated through the planning process, with regard to securing planning obligations for towpath maintenance and improvement. The policy approach to embed net zero goals by upgrading and improving the existing transport network to encourage sustainable transport links could include reference to towpath network. The Trust would seek to be consulted on and feed into the new Infrastructure Delivery Plan (IDP) that will identify the strategic infrastructure required to deliver the new Local Plan. The consultation document refers to the Places Background Paper which identifies infrastructure requirements that will need to be assessed. This is a living document that will be kept under review and up to date. The Places Background Paper document seeks to identify how needs are met by services and availability and quality of transport connections for places within the borough, and help identify the evidence base to inform developer contributions. The Trust previously provided comments on the Places background Paper in the evidence base consultation round and identified the importance of canals being identified as green infrastructure, and seek to reiterate that point in this consultation.   The definition of Green Infrastructure in the NPPF is a network of multi-functional green and blue spaces and other natural features, urban and rural, which is capable of delivering a wide range of environmental, economic, health and wellbeing benefits for nature, climate, local and wider communities and prosperity. The multifunctional nature of the inland waterways can help address climate change, safeguard ecological habitat and connectivity, help deliver nature recovery, and provide access to outdoor recreational opportunities in support of the health and well-being of local communities. All of the above contribute to the provision of Green Infrastructure within the borough, to help facilitate thriving and healthy communities and safeguard natural environments, in support of a number of NPPF aims. Therefore the Trust consider that the canal network within the Cheshire West and Chester Borough should be recognised as Green Infrastructure, as blue spaces are included in the NPPF definition, and for its contribution to the network of multifunctional blue-green spaces that foster healthy lifestyles, access to outdoors, physical activity, active travel and ecological habitat and connectivity in the borough.

Comment

Representation ID: 13921

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14441
Question EG 1 Do you agree with the suggested policy approach towards economic growth, employment and enterprise, as set out in EG 1 'Economic growth, employment and enterprise' above? The Trust broadly support the policy approach. Boating businesses and tourism on our network of canals, river navigations, docks and reservoirs are contributing £1.5 billion per year in added value to the UK economy and support 80,000 jobs. There are more powered boats and a wider range of users on the water than ever before. We have seen growth in canoeing, paddle boarding, rowing and other unpowered boating activities and around 450,000 people holiday on Britain’s canals each year. Businesses that support the boating industries and water related tourism are by their very nature tied geographically to locations adjacent or close to canal corridors or waterspaces. Therefore, policy provisions for economic growth and allocation of land for employment/commercial use should recognise their locational requirements. This relates to boating business having to be sited near or adjacent to waterways, which is important in site allocation and being protected once operational. The Trust support the recognition of the ‘agent of change’ in the Local plan, to ensure that new development can be integrated effectively with existing businesses. Existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. For example, there can be activities at marinas or boatyards that necessitate the use of particular equipment, and it may be necessary for the proposed development to mitigate impact on the proposed development and carry out the necessary investigation to inform such assessments (e.g. noise assessments that include all the relevant receptors).

Comment

Representation ID: 13922

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14442
Question VE 1 Do you agree with the suggested policy approach towards the visitor economy, as set out in VE 1 'Visitor economy' above? If not please suggest how it could be amended? The Trust welcome that the contribution of canals as assets is recognised within the key issues that provide excellent leisure and recreational opportunities within the borough. Consideration should be given to the inclusion of the canal network specifically and its recreational value within the policy approach or wording. The Trust welcome that the National Waterways Museum is an important asset and that the Ellesmere Port Historic Canal Port and their value is recognised and we strongly welcome that it is envisaged to improve links to and from Ellesmere Port, particularly for pedestrians, cyclists and by public transport, which will support this attraction and surrounding connectivity. Reference to towpath connections, with reference to improving links to and from Ellesmere Port, would be welcome to serve this purpose in the interests of supporting improved pedestrian connectivity in the area.

Comment

Representation ID: 13923

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14443
Question HW 1 Do you agree with the suggested policy approach towards health and wellbeing, as set out in HW 1 'Health and wellbeing' above? If not, please suggest how it could be amended? The Trust strongly welcome that the Local Plan places a key focus on the health and wellbeing of residents and promotion of health and wellbeing throughout the new Local Plan. Contribution of the Canal Network Our network within Cheshire West and Chester provides ready and easy access to nature and the green/blue outdoor space, particularly within urban communities, and opportunities to connect people to place, nature and each other, bolster physical activity and build social connections and a sense of belonging. The Trust would highlight the potential contribution that our network can offer to help disadvantaged communities benefit from its multifunctional benefits and help more people connect with, and benefit from, this free and accessible community resource. Within the context of  Natural England’s  ‘Green Infrastructure Framework’ (advocating the provision of green/blue space in new development) and the government’s Environmental Improvement Plan (advocating that the public should be able to access green space or water, within a 15-minute walk from their home) the Trust can evidence the benefit of the reach of our network (within 1km of our assets) to demonstrate the multifunctional health and well-being offer of our network to  its users and adjacent communities.  Our network, provides accessible green and blue space on the doorstep, where it can needed most and provide environments that can make a positive difference people’s lives; supported by evidence that spending time by water can make us all healthier and happier. A research initiative, Blue Health, found that access to urban blue spaces such as canals and rivers, resulted in significant improvements in wellbeing and mood for individuals walking through urban blue spaces. By way of background, the Trust has published our Impact Report which shows how individuals and communities are benefitting from using and engaging with our network of canals. Our network, is one of the UK’s largest free-to-access blue spaces, with 10.3 million users that visit regularly. It outlines that 85% of the UK population lives in an urban environment, and in a third of local authorities, more than 70% of the population is further than a 15-minute walk to a natural space. The annual social value being generated by our network and activities is £4.6 billion including £1.1 billion cost savings to NHS derived from active use of the waterways and the towpaths. Within this population, more than 60% of households (over 2 million households) experience wellbeing inequalities and 19% of residents are from ethnically diverse backgrounds. For communities suffering a deficit of green or blue spaces, poor wellbeing or socioeconomic disadvantage, these waterways provide vital free, and accessible space to use and enjoy on the doorstep. Suggested Policy Approach The promotion of health and wellbeing throughout the new Local Plan is reflected in this policy approach and it seeks to promote greater quality of developments including patterns, types and nature of such as well as restricting development that gives rise to significant adverse impacts on health and quality of life, in general conformity with the NPPF (paragraphs 96-102 ). The Trust has no concern with the combination of previous Local Plan policies (combining of Local Plan (Part 1) policy SOC 5 and Local Plan (Part 2) policies DM 2, DM 4, DM 29, DM 30, DM 31 and DM 32) subject to policy wording in HW1 being sufficiently robust to safeguard against harm from development by reason of any adverse impact on land stability, ground conditions, water or air quality, or by reason land contamination, or noise pollution, in the interests of safeguarding the environment and structural integrity of the canal network and waterway environs. The Trust would seek for the provisions within the current Local Plan policies of DM 2 - Impact on residential amenity and SOC5 – Health and Well being reflected in HW1, in the interests of environmental protection and safeguarding waterways, in the absence of another policy that seeks to protect against environmental harm.   In particular, the Trust would seek the retention of the following provision from SOC5 which ensures that each of these potential impacts, where there is a potential adverse impact on quality of life, is safeguarded against for both health and quality of life and residential amenity. Development that gives rise to significant adverse impacts on health and quality of life (e.g. soil, noise, water, air or light pollution, and land instability, etc) including residential amenity, will not be allowed. Development, during construction and the operational phase, in close proximity to waterways has the potential to adversely affect the structural integrity, water quality and surrounding environment of the waterway. It is important that potential adverse effects from air quality, water and land pollution, land instability, noise, and vibration, are safeguarded against in planning policy in the interests of safeguarding the canal network and its infrastructure within Cheshire West and Chester. This should relate to the users of the waterways as well as the infrastructure itself. The Trust would suggest that the following issues are of the utmost importance in any policy that seeks to safeguard against potential adverse impacts arising from ground, noise, water, air or light pollution, or land instability, as a result of development within the borough: Land Instability The impact of development upon land stability and the consideration of the suitability of development with regard to ground conditions are material planning considerations as set out in the National Planning Policy Framework (NPPF) and that the responsibility for securing a safe development in terms of land stability rests with the developer.. It is essential that structural integrity of the canal infrastructure is not put at risk as part of any development proposal, which could in the worst case scenario result in the failure of the canal. This is the subject of more detailed discussion in the National Planning Practice Guidance (PPG) which highlights the planning system has a role to play in minimising the risk and effects of land stability on property, infrastructure and the public by helping ensure that development does not occur in unstable locations or without appropriate precautions. We appreciate that the issue of land stability can be complex, however the NPPF is clear that planning decisions should ensure that new development is appropriate for its location in the context of avoiding unacceptable risks from land stability. The Trust request Local Plan policy ensures that development proposals would not have an adverse impact on land stability (during construction and for its lifetime) and for these provisions to be included in any Local Plan policy. This should include reference to sufficient information being provided to demonstrate that any proposal would be acceptable with regard to land stability. The PPG outlines that applicants should ensure that any necessary investigations are undertaken to ascertain that their sites are and will remain stable or can be made so as part of the development of the site and that any potential impact is capable of mitigation. A site needs to be assessed in the context of surrounding areas. The Trust consider that a policy should refer to how where a proposal may affect or be affected by contamination or land instability, at the planning application stage, developers will be required to provide a report which investigates the extent of the contamination or stability issues and the possible affect it may have on the development and its future users, and  the natural and built environment. This is on the basis that in most cases, development will only be deemed acceptable where it can be demonstrated that any contamination or land instability issues can be appropriately mitigated against and remediated, if necessary. Land contamination Any potential for land contamination affecting land, groundwater or surface waters (caused by previous use of the site, during construction and incident, or during operational phase) should be considered and safeguarded against in any policy. The planning process requires that any development proposal addresses any impact on land contamination matters through desk study, intrusive investigation/risk assessment and remediation/validation where required and the submission of a contaminated land risk assessment that is based upon the Contaminant (source) - Pathway - Receptor model to investigate contaminant linkage. The Trust request reference in the Local Plan to submitted assessments giving consideration to all potentially sensitive receptors, such as controlled waters, and where there is potential contaminant linkage to waterways and waterbodies. The Trust request for any policy to give consideration to the potential impact on adjacent environments during the construction stage of development and welcome the requirement to submit a CEMP. Noise & Vibration There is the potential for proposals to affect amenity of neighbouring uses by reason of noise and vibration, and Trust would seek for residential moorings to be considered as a receptor in assessments of noise and vibration in connection with development proposals. Canal boats can be receptors to noise being emitted from development sites, and possess an additional sensitivity to such sources due to a lack of noise insulation on a boat, and therefore may suffer amenity loss. As such where applicable, policy should consider all potential sensitive receptors, and take account of persons living on boats, where applicable, and that submitted noise assessments should reflect all sensitive receptors accordingly.   Agent of change principle Boatyards, chandlerys, marinas, and boating facilities serving the our network provide vital services to the canal network through providing maintenance, moorings and boating services. The location of these services, adjacent to canals, is necessary for their function and such facilities need to be available at frequent intervals across our network As referred to in this consultation document, the National Planning Policy Framework requires that decisions should ensure that new development can be integrated effectively with existing businesses and community facilities with the applicant (or ‘agent of change’) required to provide suitable mitigation before the development has been completed. Such boating facilities should be carefully considered to ensure that these important waterside facilities are not put at risk as a consequence of the introduction of new noise sensitive development giving rise to complaints.  The submission of noise assessments that fully recognise adjacent boatyards, boating and marina activities within its scope should be given consideration in policy, to inform the design and layout of any proposed development where appropriate, as it may be necessary for proposed development to mitigate against the impact on the proposed dwellings. Light Pollution   Pollution (Light) – Any policy should outline the importance of safeguarding against potential adverse light spill and light pollution from development over adjacent sites and in particular canal corridors and waterspace to prevent nuisance and protect wildlife habitat from harm. Specifically for canals, the Trust would welcome minimisation of light/light overspill from adjacent developments, in order to preserve the ‘amenity for nature’.  This is particularly important as the canals serve as nature pathways and habitats where light levels are generally lower, and there is opportunity for nesting/hunting/migration along the interconnected canal system.  Adjacent developments with significant light overspill may prevent the canal from being used as a nature pathway at the point it occurs and interrupts an ecological network.

Comment

Representation ID: 13924

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14444
Question OS 1 Do you agree with the suggested policy approach towards open space, sport and recreation, as set out in OS 1 'Open space, sport and recreation' above? If not please suggest how it could be amended?   The Trust advocate that the value of green and blue spaces and green infrastructure is recognised in planning policy as an important component of urban and rural environments for improving health and wellbeing, nature recovery and along with addressing issues of social inequality.  Within the context of Natural England’s  ‘Green Infrastructure Framework’ (advocating the provision of green/blue space in new development) and the government’s Environmental Improvement Plan (advocating that the public should be able to access green space or water, within a 15-minute walk from their home) the Trust can evidence the benefit of the green infrastructure offer of our network (within 1km of our assets) and the multifunctional health and well-being offer of our network to  its users and adjacent communities.  Our network of canals, towpaths and habitats, provide environments that can make a positive difference to people’s lives, supported by evidence that spending time by water can make us all healthier and happier. The Trust seek for Local Plan policy to recognise and unlock the full potential of canals with regard to open space provision to help communities benefit from their multifunctional benefits and help more people connect with, and benefit from, this free and accessible open space resource. An open and well-maintained Canal & River Trust inland waterways network delivers broad benefits aligned to national priorities. In January 2023 the government published the Environmental Improvement Plan (EIP) and it recognises that ‘the Canal & River Trust has an important role to play in contributing to the EIP, alongside other government priorities. ‘ Dr Therese Coffey (Former Secretary of State for DEFRA). Within the North west region of the Canal & River Trust in the North West (1.8 million visitors during an average two week period) 71% state they use the waterways for recreation, sport, tourism and undertaking specific leisure activities 41% state they use the waterways for access to greenspace 25% state that they use the waterways for travel purposes, only in order to get somewhere else The Trust has published our Impact Report which shows how individuals and communities are benefitting from using and engaging with our network of canals. Our network, is one of the UK’s largest free-to-access blue spaces, with 10.3 million users that visit regularly, and 888 million unique visits recorded during 2022/23. The annual social value being generated by our network and activities is £4.6 billion including £1.1 billion cost savings to NHS derived from active use of the waterways and the towpaths. The natural outdoor environment is increasingly valued as an important public health resource. Recent research highlights physical activity, social interaction, and environmental factors as potential pathways linking blue space and health. A research initiative, Blue Health, found that access to urban blue spaces such as canals and rivers, resulted in significant improvements in wellbeing and mood for individuals walking through urban blue spaces. As such, given the potential opportunities that access to our network can provide within Cheshire West and Chester, the Trust would seek for the following issues to be considered in the Local Plan to reflect the value, and potential contribution that the canal network can make to open space and green space provision. It is important for developments in proximity to our waterways to recognise their value for active travel, leisure and recreation and value to the community as an outdoor, open space resource and provide for improvements to towpath conditions, enhanced accessibility and improved signage and wayfinding, which could be sourced by financial contributions where applicable. Enabling the provision of access to and safeguarding the maintenance of accessible and inviting canal corridors and waterspace, will enable communities to benefit from its potential wide range of public benefits.  It is important to maintain and improve the resilience of the waterway infrastructure, so that the network is open and safe to use and to remove any the barriers to use and enjoyment in order to offer communities clean, safe and inviting blue spaces and routes to visit.  It is important for open space to be accessible, well-maintained, fit for purpose, functional, high quality and inviting and safe. The Trust welcome that the suggested approach is to retain the current approach in Policy DM 37 (Recreational Routeways) and the wording in OS1 which protects the range of recreational routeways in Cheshire West from any harmful impacts arising from new development and that Proposals that enhance public access and the recreation value of the recreational routeway network will be supported. The Trust would seek for our canal network to continue to be defined as recreation routeways and that waterways are reflected in the policies map. The Trust would seek for our canal network to be included and recognised as Green Infrastructure, as blue spaces are included in the NPPF definition, and for its contribution to the open space provision and the network of multifunctional blue-green spaces that foster healthy lifestyles, access to outdoors, physical activity, active travel and ecological habitat and connectivity in the borough to be fully recognised in the Local Plan.

Comment

Representation ID: 13925

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14445
Question FW 1 Do you agree with the suggested policy approach towards flood risk and water management, as set out in FW 1 'Flood risk and water management' above? If not please suggest how it could be amended? In the interests of safeguarding our canal network and waterways, the Trust seeks that planning policy ensures that new development should safeguard water quality, protect against potential contamination, including identifying any potential pollution pathways, and ensuring that drainage arrangements are appropriate and safeguard water quality. The Trust manage and maintain the water management operation of the canal network and any development proposal should ensure that it has no adverse impact upon water resources or the water management functions of our network. Appropriate surface water drainage management is important in safeguard water quality in canal network and land stability, as ineffective drainage and pooling of water can result in land instability. The Trust welcome the following key issues outlined in the consultation document: strategic policies should be informed by a strategic flood risk assessment and should manage flood risk from all sources, which would therefore include canals.   development which could affect drainage on or around the site should incorporate sustainable drainage systems (SuDs) and that this could apply to not only major developments.   the current policy requirements to ensure that development proposals do not cause unacceptable deterioration to water quality are retained; and   the policy will promote the multifunctional benefits of SuDs to provide improvements to water quality, biodiversity and amenity to deliver high quality, interconnected and multifunctional green and blue infrastructure. The Trust would seek clarification with regard to the suggested wording that development proposals ‘culverts should be opened wherever possible’ do not refer to canals or man made waterways. The stability of canals and their supporting infrastructure can be affected by construction works, land management and drainage in proximity to them, and it is critical that any works do not impact the stability of such structures. The Trust would seek further clarification on the treatment of culverts in the interests of safeguarding our canal infrastructure.

Comment

Representation ID: 13927

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14447
Question GI 1 Do you agree with the suggested policy approach towards green infrastructure, biodiversity and geodiversity, as set out in GI 1 'Green infrastructure, biodiversity and geodiversity' above? If not, please suggest how it could be amended? The Trust welcome the provision to safeguard and enhance biodiversity, geodiversity, green infrastructure and protect designated sites and not result in any net loss of natural assets and deliver a net gain, in line with national policy   The Trust has no concern with the new policy wording removing reference to the Borough’s ecological network and set a focus for contributions to be led by the Local Nature Recovery Strategy (LNRS), given that the canal network is well represented in this document for Cheshire West and Chester. With regard to SUDs and Natural Flood management, our comments in relation to ‘FW1 Flood Rosk and Water Management’ should be cross reference with this policy. Canals provide a linear green-blue space that is a unique and extensive, interconnected mosaic of biodiverse habitats, which also have huge green infrastructure value. Their ecological value and role as connected wildlife corridors can contribute to the nation’s nature recovery network, providing habitats for protected species and wildlife, sometimes in areas with very limited biodiversity. Therefore, the Trust would seek for the potential of our network to help mitigate the effects of biodiversity decline, and help and protect biodiversity, to be recognised in the Local Plan. In line with the new Local Plan recognising and protecting nature conservation sites and areas where priority species and habitats need to be conserved, it is important that our waterways and their environments, where applicable, feed into the evidence base for identifying priority areas for habitat and species (with reference to designated sites). With regard to BNG, and seeking a minimum 10% net gain in biodiversity from new development, which is calculated through the use of the latest Defra approved biodiversity metric, the Trust seek for the value of watercourse habitats to be identified and reflected in any BNG assessment. The Defra Biodiversity Metric for mandatory Biodiversity Net Gain requires that planning applications that include land within the site boundary that is within 10m of a canal or river are supported by an assessment of the baseline condition of the watercourse. It is the Trust’s understanding that, unless exemptions apply, in these circumstances, developers will need to deliver a minimum 10% net gain in watercourse biodiversity units.  The Trust will consider proposals from developers to deliver net gains on its land (be these watercourse units or other habitat types) on a case-by-case basis.  In doing so, we will have regard to Defra’s ‘ Sell biodiversity units as a land manager ’ guidance.  The Trust’s agreement to habitat enhancement activities being undertaken on our land will be subject to operational, management and commercial considerations, which the Trust is happy to engage in. The Trust would seek for our network, and its potential contribution to protecting an improving biodiversity, reversing its decline and creating sustainable ecological networks are reflected in the Local Plan, through recognition of our network in Green Infrastructure, ecological networks, and as priority biodiversity sites where applicable.

Comment

Representation ID: 13928

Received: 29/08/2025

Respondent: Canal & River Trust

I&O_14448
Question HI 1 Do you agree with the suggested policy approach towards the historic environment, as set out in HE 1 'Historic environment' above? If not please suggest how it could be amended? The Trust broadly welcome the policy approach. The Canal & River Trust is the third largest heritage estate in UK and is a unique historic network, over 250 years old, that still functions today and provides a real, working collection of heritage assets. In line with the provisions of the national planning policy, the Trust support a positive strategy setting out the desirability of sustaining and enhancing the significance of the historic environment  and putting them to viable uses consistent with their conservation. Greater detail on addressing the potential impacts of climate change, and measures to mitigate its effects, with specific reference to the historic environment would be welcomed.