Local Plan Issues and Options (Regulation 18)

Comment

Representation ID: 14820

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15371
Policy SS3 sets out a spatial strategy that prioritises directing new development and land allocations towards previously developed sites within existing settlements. Encirc supports this principle but emphasises that the emerging Local Plan must acknowledge the practical challenges associated with redeveloping brownfield land, which often faces significant constraints. Some previously developed sites, including parts of Encirc’s facility, are constrained by their biodiversity value due to the mandatory BNG. For example, land within Encirc’s existing EP2.A allocation was previously identified as Open Mosaic Habitat on Previously Developed Land (OMHPDL); a habitat type considered highly distinctive and scored accordingly in the BNG metric. This type of habitat is also notably difficult to replicate off-site. The costs associated with mitigating the loss of such habitats can be substantial, potentially affecting the viability of redevelopment projects. In the case of Encirc at Elton, resulting in a radical re-consideration of the company’s ambition for redevelopment. Encirc strongly recommends that the emerging Local Plan explicitly recognises the unique challenges faced by large industrial operators when redeveloping brownfield sites, particularly in relation to BNG requirements. This recognition could be reflected through a more flexible policy approach to design and biodiversity considerations for previously developed land. Such an approach would help ensure the Local Plan remains aligned with the Government’s brownfield-first objective, which can otherwise be undermined by competing policy demands.

Comment

Representation ID: 14821

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15372
Policy SS5 – Spatial Strategy Options Policy SS5 sets out three growth options for where development could be located. The three initial options for growth that have been identified are as follows: • Option A – Retain the Green Belt • Option B – Follow current Local Plan level and distribution of development • Option C – Sustainable transport corridors The spatial strategy options include a map highlighting potential growth areas around Elton, where Encirc’s facility is located. This map identifies four potential development parcels, all of which are included under Option C but not under Options A or B: • EL-T01 – Located west of Encirc’s facility, indicatively identified for employment • EL-T02 – Located west of Elton, indicatively identified for housing • EL-T03 – Located east of Ash Road (Encirc’s vehicular access route), indicatively identified for housing • EL-T04 – Located south of Elton, beyond Hill View Way (A5117), indicatively identified for housing The accompanying text for Option C explains that development would be concentrated in and around settlements served by the railway network and main bus corridors. The LPIO document defines main bus routes as those with a service frequency of at least one bus per hour. It suggests that focusing development in areas with good public transport provision would support sustainable travel choices. However, while Ince & Elton railway station is located in Elton, it does not benefit from a regular service—typically offering only two trains per day on weekdays (one in each direction to Liverpool and Ellesmere Port). Bus services in Elton are similarly limited, with infrequent connections to Chester and Ellesmere Port. Given this, it is misleading to describe Elton as “well-served by public transport” within the context of Option C. The current level of service makes it difficult for Encirc employees (many of whom work shift patterns) to rely on sustainable transport modes. Existing and future residents would face similar challenges in relying on these services. Encirc therefore recommends that, should the Council pursue Option C and direct growth towards Elton, it must first implement a strategy to improve the frequency and reliability of public transport services. Only once these improvements are in place should Elton be considered part of a sustainable transport corridor. In principle, Encirc does not oppose development growth in Elton. Such growth could support the local economy and potentially increase the number of future employees living within walking distance of the company’s facility. However, any development must not compromise Encirc’s existing operations. The Elton facility is an established employment site, with part of the site allocated for Encirc’s future operational expansion.  Potential development parcel EL-T03 is located east of Ash Road – the main access route to Encirc’s facility. Encirc’s planning permission restricts the number of Heavy Goods Vehicle (HGV) movements along Ash Road, and Encirc contributes to the road’s maintenance and upkeep. An acoustic fence has also been installed along part of Ash Road by Encirc. Should new residential development be introduced to the east of Ash Road, potentially creating conflict with the existing industrial use, Encirc must not be expected to provide additional mitigation against this residential use. Encirc advises the Council to assess, at the plan-making stage, whether EL-T03 is compatible with surrounding land uses in their current form, without relying on additional mitigation measures. Should additional residential receptors be introduced in proximity to Encirc, then any mitigation must be provided by the developer for the lifetime of the development, and not Encirc.

Comment

Representation ID: 14822

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15373
Policy SS5 – Spatial Strategy Options Policy SS5 sets out three growth options for where development could be located. The three initial options for growth that have been identified are as follows: • Option A – Retain the Green Belt • Option B – Follow current Local Plan level and distribution of development • Option C – Sustainable transport corridors The spatial strategy options include a map highlighting potential growth areas around Elton, where Encirc’s facility is located. This map identifies four potential development parcels, all of which are included under Option C but not under Options A or B: • EL-T01 – Located west of Encirc’s facility, indicatively identified for employment • EL-T02 – Located west of Elton, indicatively identified for housing • EL-T03 – Located east of Ash Road (Encirc’s vehicular access route), indicatively identified for housing • EL-T04 – Located south of Elton, beyond Hill View Way (A5117), indicatively identified for housing The accompanying text for Option C explains that development would be concentrated in and around settlements served by the railway network and main bus corridors. The LPIO document defines main bus routes as those with a service frequency of at least one bus per hour. It suggests that focusing development in areas with good public transport provision would support sustainable travel choices. However, while Ince & Elton railway station is located in Elton, it does not benefit from a regular service—typically offering only two trains per day on weekdays (one in each direction to Liverpool and Ellesmere Port). Bus services in Elton are similarly limited, with infrequent connections to Chester and Ellesmere Port. Given this, it is misleading to describe Elton as “well-served by public transport” within the context of Option C. The current level of service makes it difficult for Encirc employees (many of whom work shift patterns) to rely on sustainable transport modes. Existing and future residents would face similar challenges in relying on these services. Encirc therefore recommends that, should the Council pursue Option C and direct growth towards Elton, it must first implement a strategy to improve the frequency and reliability of public transport services. Only once these improvements are in place should Elton be considered part of a sustainable transport corridor. In principle, Encirc does not oppose development growth in Elton. Such growth could support the local economy and potentially increase the number of future employees living within walking distance of the company’s facility. However, any development must not compromise Encirc’s existing operations. The Elton facility is an established employment site, with part of the site allocated for Encirc’s future operational expansion.  Potential development parcel EL-T03 is located east of Ash Road – the main access route to Encirc’s facility. Encirc’s planning permission restricts the number of Heavy Goods Vehicle (HGV) movements along Ash Road, and Encirc contributes to the road’s maintenance and upkeep. An acoustic fence has also been installed along part of Ash Road by Encirc. Should new residential development be introduced to the east of Ash Road, potentially creating conflict with the existing industrial use, Encirc must not be expected to provide additional mitigation against this residential use. Encirc advises the Council to assess, at the plan-making stage, whether EL-T03 is compatible with surrounding land uses in their current form, without relying on additional mitigation measures. Should additional residential receptors be introduced in proximity to Encirc, then any mitigation must be provided by the developer for the lifetime of the development, and not Encirc.

Comment

Representation ID: 14823

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15374
Policy EP1 recognises the potential for substantial economic growth in Ellesmere Port, particularly through continued and new investment in the Origin area. It identifies the Ellesmere Port Origin as a strategic employment cluster comprising four distinct zones. One of these, the Eastern Growth Zone, is identified for glass manufacturing, environmental and low-carbon technologies, energy, and waste resource recovery. This zone includes Encirc, Protos, and the former CF Fertilisers site. Encirc supports this policy approach, as it appropriately acknowledges the role of major industrial employers such as Encirc in driving economic growth. The policy also highlights the importance of reusing and redeveloping vacant or redundant land. Encirc’s facility is located on the site of a former power station, and the land allocated for its expansion under the adopted Part Two Local Plan (Policy EP2.A) largely comprises the former Ince A power station site. Development of this land would therefore be fully aligned with the objectives of Policy EP1. To ensure that the principle of development remains established for Encirc’s future expansion, it is requested that allocation Policy EP2.A is carried forward and included as an allocation in the new Local Plan.

Comment

Representation ID: 14824

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15375
Policy TA1 sets out an overall approach to minimise the need for travel, particularly travel by single occupancy vehicles, by locating development so that it is accessible to local services and facilities via a range of transport modes. It summarises the Local Transport Plan Vision, which places people driving private motor vehicles at the bottom of the sustainable travel hierarchy. Encirc submitted separate representations to the consultation on the Local Transport Plan 4 (2025–2045) Core Strategy earlier in August 2025. As noted earlier in these representations, and also in its submissions to the Local Transport Plan consultation, Elton is not well served by public transport. This means that car travel remains essential for Encirc’s employees. Encirc advises that the Local Plan should be coordinated with the Local Transport Plan to address Elton’s accessibility by non-car modes. Encirc would support a more balanced approach to Policy TA1, which recognises the role of car travel in rural areas but encourages provision for low-emission vehicle use, including the installation of EV charging points. This ensures that necessary car travel can be accommodated in a way that aligns with long-term environmental goals. Acknowledging that travelling to Elton by non-car modes is challenging, Encirc implemented a carsharing app with Mobilityways to facilitate more efficient and environmentally conscious travel among its employees. The app, which was awarded Best Workplace Initiative for Sustainable Commuting in February 2025, enables Encirc employees to find colleagues to share journeys with and record these to receive a financial reward for each shared trip. Encirc suggests that Policy TA1 should recognise the role that schemes such as this can play in promoting sustainable commuting in areas not readily served by public transport. The sustainable travel hierarchy set out in Policy TA1 prioritises walking and cycling. Encirc supports active travel and would welcome the provision of enhanced cycle infrastructure in and around Elton. Safe, accessible, and well-connected cycling routes would further support cycling as a viable alternative for Encirc’s local commuters and contribute to healthier, more sustainable travel habits. Encirc supports the element of the policy which states that proposals for new industrial, warehousing, energy, and waste development should maximise opportunities to transport materials and waste products by non-road modes of transport. Encirc brings over 50% of its raw materials for glass production to the site by rail, removing thousands of trucks from the road each year. It also brings some finished products to the site, which are stored in its warehouse and distributed to retailers alongside products that have been filled at Encirc. Encirc considers that an addition could be made to the policy to support the development of rail facilities within employment sites, helping to provide clear policy support for developments that would aid the transition to sustainable freight modes. Finally, Policy TA1 states that the Council will review the standards in the Parking Standards SPD. Encirc considers that these standards must continue to be flexible in order to recognise the need for parking at workplaces, such as Encirc, which do not benefit from sustainable transport modes. 

Comment

Representation ID: 14825

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15376
Policy EG1 sets out that the Council will promote sustainable economic growth in the borough, supporting existing businesses and attracting inward investment. Encirc encourages the Council to consider the impact and cost of any policy requirements it seeks to introduce on development, to ensure they do not undermine the objective of attracting inward investment. The cost of development, particularly on brownfield land sites like Encirc’s facility, means that onerous policy requirements can render some projects unfeasible. The costs of BNG, alongside other ecological and mitigation measures, can deter investment. On that basis, Encirc strongly advises that all policies be viability-tested against the costs of BNG. For previously developed sites, this should include the substantial costs of mitigating losses of OMHPDL. As previously set out, the new Local Plan should facilitate the flexible application of policy requirements in previously developed sites to align with the Government’s brownfield-first approach. In respect of maintaining a future employment land supply, the suggested policy approach states that this will be met, among other sources, through expansion land for specific employers. Encirc strongly supports the allocation of land for the expansion of existing industrial employers, such as Encirc. The land allocated in the current Part Two Local Plan (EP2.A) should be carried forward into the new Local Plan as an allocation, to ensure that the principle of development for Encirc’s operational expansion is maintained.

Comment

Representation ID: 14826

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15377
Policy HW1 states that proposals for new development will be expected to safeguard the quality of life for residents. It goes on to state that development will only be supported where it does not result in a significant adverse impact on the residential amenity of occupiers of existing properties within the development and those nearby. Encirc takes its responsibilities as a neighbour to residential properties seriously and maintains a good relationship with the local community in Elton. Encirc has taken several measures to limit the impact of its operations on surrounding residences, including funding the maintenance and upkeep of Ash Road and installing an attenuation fence along it. As set out under Policy SS5 (Spatial Strategy Options), Option C includes a potential housing growth area to the east of Ash Road. Should this location be taken forward as an allocation in the Local Plan, it must not compromise Encirc’s operations. The Elton facility is an established industrial use, and the Council should carefully consider the appropriateness of introducing additional residential receptors in close proximity. Should any future sensitive use be introduced close to the Elton facility, it would not be appropriate to require Encirc to provide further mitigation. Regarding noise, the suggested policy approach states that development which generates noise, or is sensitive to it, will only be permitted where it does not have an unacceptable adverse impact on human health or quality of life. Encirc considers that the term ‘unacceptable adverse impact’ is unclear and not an appropriate test in this context. It should be revised to align with the earlier part of the policy, which states that development should ‘not result in significant adverse impacts’.

Comment

Representation ID: 14827

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15378
Policy GI1 sets out that the Council will continue to safeguard and enhance biodiversity, geodiversity, and green infrastructure. It goes on to state that the new policy wording will remove reference to the Borough’s ecological network and instead focus contributions through the Local Nature Recovery Strategy (LNRS). Regarding the LNRS, the suggested policy approach states that proposals within or adjacent to either Opportunity Areas or Designated Areas identified in the LNRS (within a 15-metre buffer) will need to explore opportunities for nature recovery in line with the LNRS. Encirc considers that the cost implications of this policy should be fully assessed as part of the Local Plan viability work. There is already a mandatory requirement for BNG, and introducing further policy requirements for nature recovery should not come at the expense of developing sustainable sites. The new Local Plan must acknowledge the constraints involved in bringing forward previously developed land. Redevelopment of previously developed land should be incentivised by allowing policies such as this one to be applied flexibly. Encirc will provide further comment on the Opportunity Areas and Designated Areas once the policies map is published alongside future consultations.

Comment

Representation ID: 14828

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15379
The proposed policy approach aims to encourage high sustainability standards in buildings and promote the application of the energy hierarchy, with the goal of achieving carbon net zero in new residential and commercial developments. It states that all new-build developments will be required to demonstrate how they meet the requirements of the energy hierarchy. On energy efficiency and carbon, any prescriptive targets must specify a minimum floorspace threshold. Encirc regularly submits planning applications for small buildings that serve a functional purpose related to its operations—for example, a security gatehouse or effluent treatment plant. It would not be reasonable for such minor developments, which are small in scale compared to the existing operational floorspace at the Elton facility, to be required to meet energy efficiency targets. The nature of Encirc’s industrial operations—manufacturing glass containers—relies on large furnaces operating 24/7 at high temperatures, which consume significant energy. Accordingly, Encirc has invested heavily in low and renewable energy sources. All Encirc furnaces are currently fuelled by natural gas while the company continues to develop a carbon-free fuel for future use. Encirc also uses a substantial amount of water as part of its cooling processes. Therefore, any policies relating to energy and water consumption must be flexible enough to ensure that industrial operators like Encirc are not constrained by unachievable policy requirements. Furthermore, any energy efficiency targets or carbon offsetting requirements must be tested through the Local Plan viability appraisal. As previously suggested, policies such as these should be applied flexibly to development on previously developed land, to reflect the costs and complexities of bringing proposals forward on such sites. Encirc would support the alternative approach suggested in the policy. This states that, instead of requiring development to demonstrate how it meets the energy hierarchy, positive weight will be given to non-residential developments that achieve a BREEAM rating of ‘Excellent’. This approach is less  prescriptive whilst still encouraging developments to meet sustainability objectives through a clear incentive.

Comment

Representation ID: 14829

Received: 29/08/2025

Respondent: Encirc Limited

Agent: Lichfields

I&O_15380
Encirc welcomes the Council’s progress in preparing a new Local Plan for Cheshire West and Chester. As a major employer in the borough, Encirc also welcomes the recognition of the important role that large industrial employers play in driving productivity and economic growth. To ensure this continues, it is critical that any new policy framework facilitates inward investment rather than stifles it. Encirc looks forward to ongoing engagement and partnership as the Local Plan progresses, ensuring that its policies reflect the needs of large-scale industrial employers in the borough. Encirc reserves the right to provide further comment on policies once a draft plan is published for consultation.