Local Plan Issues and Options (Regulation 18)

Comment

Representation ID: 14483

Received: 29/08/2025

Respondent: Cheshire Police and Crime Commissioner

Local Plan Issues and Options (Regulation 18)

I&O_15028
The following representation is submitted on behalf of Cheshire Police and Crime Commissioner (CPCC) and Cheshire Constabulary (CC) in response Cheshire West and Chester Council’s (CW&C) invite to comment on its Local Plan Issues and Options June 2025. Further to a review of the consultation documents and supporting evidence, these representations have been structured to consider the Local Plan Issues and Options in relation to the following matters: Recognising the community need for securing safe environments with crime reduction made a priority; Requiring developers to demonstrate how proposals address community safety and crime prevention in Crime Impact Statements, Design & Access Statements, or other relevant planning application documents; In appropriate cases, seeking financial contributions towards the additional expenditure burden placed on Cheshire Constabulary (CC) as a consequence of development proposals and growth; Promoting a safe and secure entertainment, leisure and evening economy; Ensuring the timely and effective engagement of the police to ensure the effective delivery of infrastructure projects required as a result of development growth with the recognition that the police are a social infrastructure delivery agency; Ensuring the timely and effective engagement of the police in the planning process in relation to matters likely to affect crime and fear of crime; and Ensuring the timely and effective engagement of the police in relation to Designing out Crime and Counter-Terrorism matters. CC has a statutory duty to secure and maintain an efficient and effective police force for its area. CW&C also has a statutory obligation to consider crime, disorder and community safety in the exercise of its planning functions. Section 17 of the Crime and Disorder Act 1998 (as amended) states: “Duty to consider crime and disorder implications. (1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent… crime and disorder in its area (including anti-social and other behaviour adversely affected by the local environment)”. This is reiterated by statutory Planning Practice Guidance: “Planning provides an important opportunity to consider the security of the built environment, those that live and work in it and the services it provides.  (our emphasis) Section 17 of the Crime and Disorder Act 1998 (as amended) requires all local, joint and combined authorities (as well as National Parks, the Broads Authority and the Greater London Authority) to exercise their functions with due regard to their likely effect on crime and disorder, and to do all they reasonably can to prevent crime and disorder. Crime for these purposes includes terrorism.” Paragraph: 009 Reference ID: 53-009-20190722 Revision date: 22 07 2019 The Local Plan Issues and Options plans for a minimum of 28,7010 new homes over a 15 year plan period. This represents an increase in approximately 800 more homes per year than that the current Local Plan requirement (1,914). To support the delivery of sustainable development growth, Cheshire Constabulary must ensure that it delivers the infrastructure necessary to guarantee the safety and security of both existing and planned communities. However, it is logical to conclude that this considerable level of growth will lead to significant additional demand for local services and key infrastructure including the emergency services. The primary issue for the police and other emergency services is to ensure that new development makes adequate provision for the future demands it will generate. Like other public services, the constabulary’s primary funding is insufficient to provide new infrastructure to support major new development when and wherever this occurs. This has the effect of stretching exiting services and resources to cover new developments. Whether these demands can be accommodated by exiting fire and rescue, police and ambulance infrastructure will be assessed on a case-by-case basis by the emergency services. In those instances where it cannot, the emergency services require mitigation to be provided by the planning system, which must be positively facilitated and supported by the CW&C emerging Local Plan. Comments are provided in relation to only the relevant themes and specific questions in turn below. CC reserves the right to comment on other policies in future plan iterations not covered in these representations. Summary The CPCC supports the need for more housing and would like to express that for too long, not enough homes have been built, meaning the cost of home ownership has become more expensive and less affordable for the next generation. CPCC believes this issue cannot be fixed without building more homes and matching this growth in housing with infrastructure that includes emergency services. CW&C is asked to carefully consider these representations and respond positively in due course. The emerging Local Plan has the potential to significantly improve how the council collects developer contributions for infrastructure provision on behalf of the public, but these must be spread equally across all the various infrastructure providers; including the emergency services to avoid serious negative outcomes. CC requests that CW&C engage with the constabulary prior to preparation of the Infrastructure Delivery Plan and publication of the Pre-Submission Local Plan to identify specific police infrastructure requirements.

Comment

Representation ID: 14484

Received: 29/08/2025

Respondent: Cheshire Police and Crime Commissioner

I&O_15029
To sustain the level of growth proposed under policy SS5 Spatial Strategy options and section 5.1 Potential growth areas and to meet national and local policy objectives relating to safety and security, financial contributions will be required to help fund the provision and maintenance of police services. As such, the emergency services must be recognised as valid recipients of physical on-site mitigation or financial contributions towards necessary infrastructure provision. Explicit reference must therefore be made to “police and emergency services” and “safety and security improvements” under emerging Policy ID1 in the same way as they do currently in the supporting text to Local Plan Part One Strategic Policies STRAT 11 Infrastructure. Central Government’s stated position that it is entirely reasonable and proper for the police and other emergency services to seek developer contributions of all kinds. This is demonstrated as follows: The Levelling-up and Regeneration Act 2023 states in its definition of ‘infrastructure’ for the new Infrastructure Levy ‘facilities and equipment for emergency and rescue services’ (see Schedule 12 – Part 1 – Section 204N (3)). The National Planning Policy Framework (December 2024) makes clear at paragraphs 8(b), 16 (c), 20(b), 96 (b), 101, 117(c and d) and 135 (f) that crime reduction, safety and the infrastructure to deliver these are material considerations that should be fully accounted for by planning policies and decisions. Statutory Planning Practice Guidance states the following in relation to the current legislative context and the spending of CIL receipts: “The Levy can be used to fund a wide range of infrastructure, including transport, flood defences, schools, hospitals, and other health and social care facilities (for further details, see section 216(2) of the Planning Act 2008 and regulation 59, as amended by the 2012 and 2013 Regulations). This definition allows the Levy to be used to fund a very broad range of facilities such as play areas, open spaces, parks and green spaces, cultural and sports facilities, healthcare facilities, academies and free schools, district heating schemes and police stations and other community safety facilities . This flexibility gives local areas the opportunity to choose what infrastructure they need to deliver their relevant plan (the Development Plan and the London Plan in London). Charging authorities may not use the levy to fund affordable housing. (our emphasis) Local authorities must spend the levy on infrastructure needed to support the development of their area, and they will decide what infrastructure is needed. The Levy can be used to increase the capacity of existing infrastructure or to repair failing existing infrastructure, if that is necessary to support development. (our emphasis) In London, the regulations restrict spending by the Mayor to funding roads or other transport facilities, including Crossrail, to ensure a balance between the spending priorities of the London boroughs and the Mayor.” Paragraph 144 Reference ID: 25-144-20190901 Revision date: 01 09 2019 Although there is no statutory definition of ‘infrastructure’ for the purposes of Section 106 agreements, there are 43 planning appeal decisions that support Section 106 contributions for police infrastructure of all kinds. 12 of these decisions were made by the Secretary of State. There are 5 appeal decisions that support Section 106 contributions for fire and rescue infrastructure of all kinds, of which 1 of these decisions was made by the Secretary of State. The volume of decisions demonstrates that planning obligations to deliver emergency services infrastructure are compliant with the relevant statutory tests. On this basis, CC requests that Policy ID1 be amended to ensure the impacts of development on the police and other emergency services are sufficiently mitigated either via on-site mitigation or in the form of financial contributions.

Comment

Representation ID: 14485

Received: 29/08/2025

Respondent: Cheshire Police and Crime Commissioner

I&O_15030
CC does not consider that developer contributions should only apply to major developments. Any increase in population brings with it a risk of a corresponding increase in crime and demand for policing services across a wide spectrum of support and intervention. Demands from all types of development (residential, employment, retail etc.) are placed on the police in many different ways prior to, during construction, and throughout the lifetime of the development as the public go about their daily lives. Cheshire Constabulary delivers crime prevention and presence through response, neighbourhood and town centre teams, attendance and service lead at emergencies and non-emergencies (such as road traffic incidents, flooding etc.), counter terrorism and community reassurance. It also attends all incidents involving deaths, provide crowd and events policing, supports community safety and crime partnerships, and provides referral responses when there are expressed concerns about domestic abuse, the safety of children, the elderly and those with special needs. There may be instances where individual or a number of minor developments focussed in a particular area cumulatively place unacceptable impacts on emergency services. As such, it is imperative that the emergency services are afforded the flexibility to assess and consider the impacts of a particular development on a site by site basis; whether that be minor or major, on police resources and infrastructure and secure mitigation accordingly.

Comment

Representation ID: 14486

Received: 29/08/2025

Respondent: Cheshire Police and Crime Commissioner

I&O_15031
CC requests that the Local Plan places greater emphasis on the themes of community safety and crime prevention within the relevant policies of the emerging Local Plan on the basis that policy DS1 is too broad in scope and not sufficiently descriptive. In accordance with NPPF paragraphs 8(b) 96(b) 117(c and d), 135(f), design policies should ensure that developments are safe and accessible, so that the risk of fire, crime and disorder (including terrorism), and the fear of crime, do not undermine quality of life, safety, security or community cohesion. This should be achieved through implementing fire safety and appropriate protective security measures, designing out crime (including Secured by Design) and ensuring vehicular and personnel access by the emergency and rescue services. Civil resilience measures, emergency and rescue services infrastructure should also be provided by development schemes where there is an identified need for this. Well designed, safe, secure and accessible buildings, developments, and communities reduce the propensity for crime and minimise the need for physical police presence. CC therefore seeks amendments to policy DS1 to ensure that the key themes of crime prevention are incorporated into every development scheme. Thus, reducing the impact of new developments on police resources and infrastructure.