Comment

Representation ID: 33

Received: 12/08/2025

Respondent: Canal & River Trust

Thank you for your consultation on the Submission Draft of the Ollerton with Marthall Neighbourhood Plan

Having viewed the location of the Plan Area, the Trust do not wish to make comment on the document.

Kind Regards

Simon Tucker MSc MRTPI

Comment

Representation ID: 34

Received: 13/08/2025

Respondent: Mining Remediation Authority

Thank you for your notification of 12 August 2025 seeking the views of the Coal Authority on the above.

The Coal Authority is a non-departmental public body sponsored by the Department for Energy Security and Net Zero. As a statutory consultee, the Coal Authority has a duty to respond to planning applications and development plans in order to protect the public and the environment in mining areas.

However, the area to which this consultation relates is not located within the defined coalfield. On this basis we have no specific comments to make.

Yours

The Coal Authority Planning Team

Comment

Representation ID: 36

Received: 13/08/2025

Respondent: National Highways

FAO: Neighbourhood Planning Team (Strategic Planning)

Good morning,

Thank you for getting in touch with National Highways regarding the Ollerton and Marthall Neighbourhood Plan.

National Highways does not consider the plan to have any direct impact on the Strategic Road Network and therefore has no comments to make at this stage.

Should future proposals or revisions to the plan come forward that may affect the SRN, we would be happy to review and provide further input.

Kind regards,

Danielle

Danielle Mensah, Assistant Spatial Planner (Cheshire & Merseyside)
Operations North-West
National Highways | Falcon House | Fulwood Park | Preston | PR2 9NZ

Comment

Representation ID: 40

Received: 11/09/2025

Respondent: Historic England

Dear Neighbourhood Planning
Neighbourhood Planning (General) Regulations 2012
Ollerton with Marthall Neighbourhood Plan Reg 16 Consultation
Thank you for consulting Historic England in relation to the above consultation. We are the Government’s statutory adviser on all matters relating to the historic environment in England. We are a non-departmental public body established under the National Heritage Act 1983 and sponsored by the DCMS. We champion and protect England’s historic places, providing expert advice to local planning authorities, developers, owners and communities to help ensure that our historic environment is properly understood, enjoyed and cared for.
Historic England made a number of comments in relation to the pre-submission draft plan, on June 9, 2022. We are pleased to see that most of these have been thoughtfully addressed. Furthermore, we acknowledge the inclusion of a Conservation Area Appraisal, complete with an action plan, as well as a Character Assessment and Heritage Audit and Design Guidance. However, we note that some aspects of the latter document appear incomplete.
We appreciate the content of the publication draft plan as it pertains to our interests and, at this time, do not wish to offer additional comments on this version of the Neighbourhood Plan. To clarify, our decision not to comment does not diminish our responsibility to provide further advice or potentially raise objections to specific proposals that may emerge from the proposed neighbourhood plan, particularly if we believe they could negatively impact the historic environment.
Thank you once again for providing Historic England with the opportunity to comment. Please do keep us informed of any future progress on this plan.
Yours sincerely,
EMMA GRANGE
HISTORIC PLACES ADVISER
emma.grange@historicengland.org.uk

Comment

Representation ID: 41

Received: 18/09/2025

Respondent: Sport England

Thank you for consulting Sport England on the above neighbourhood plan.
Government planning policy, within the National Planning Policy Framework (NPPF), identifies how the planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. Encouraging communities to become more physically active through walking, cycling, informal recreation and formal sport plays an important part in this process. Providing enough sports facilities of the right quality and type in the right places is vital to achieving this aim. This means that positive planning for sport, protection from the unnecessary loss of sports facilities, along with an integrated approach to providing new housing and employment land with community facilities is important.
Therefore, it is essential that the neighbourhood plan reflects and complies with national planning policy for sport as set out in the NPPF with particular reference to Pars 103 and 104. It is also important to be aware of Sport England’s statutory consultee role in protecting playing fields and the presumption against the loss of playing field land. Sport England’s playing fields policy is set out in our Playing Fields Policy and Guidance document.
https://www.sportengland.org/how-we-can-help/facilities-and-planning/planning-for-sport#playing_fields_policy
Sport England provides guidance on developing planning policy for sport and further information can be found via the link below. Vital to the development and implementation of planning policy is the evidence base on which it is founded.
https://www.sportengland.org/how-we-can-help/facilities-and-planning/planning-for-sport#planning_applications
Sport England works with local authorities to ensure their Local Plan is underpinned by robust and up to date evidence. In line with Par 104 of the NPPF, this takes the form of assessments of need and strategies for indoor and outdoor sports facilities. A neighbourhood planning body should look to see if the relevant local authority has prepared a playing pitch strategy or other indoor/outdoor sports facility strategy. If it has then this could provide useful evidence for the neighbourhood plan and save the neighbourhood planning body time and resources gathering their own evidence. It is important that a neighbourhood plan reflects the recommendations and actions set out in any such strategies, including those which may specifically relate to the neighbourhood area, and that any local investment opportunities, such as the Community Infrastructure Levy, are utilised to support their delivery.
Where such evidence does not already exist then relevant planning policies in a neighbourhood plan should be based on a proportionate assessment of the need for sporting provision in its area. Developed in consultation with the local sporting and wider community any assessment should be used to provide key recommendations and deliverable actions. These should set out what provision is required to ensure the current and future needs of the community for sport can be met and, in turn, be able to support the development and implementation of planning policies. Sport England’s guidance on assessing needs may help with such work.
http://www.sportengland.org/planningtoolsandguidance
If new or improved sports facilities are proposed Sport England recommend you ensure they are fit for purpose and designed in accordance with our design guidance notes.
http://www.sportengland.org/facilities-planning/tools-guidance/design-and-cost-guidance/
Any new housing developments will generate additional demand for sport. If existing sports facilities do not have the capacity to absorb the additional demand, then planning policies should look to ensure that new sports facilities, or improvements to existing sports facilities, are secured and delivered. Proposed actions to meet the demand should accord with any approved local plan or neighbourhood plan policy for social infrastructure, along with priorities resulting from any assessment of need, or set out in any playing pitch or other indoor and/or outdoor sports facility strategy that the local authority has in place.
In line with the Government’s NPPF (including Section 8) and its Planning Practice Guidance (Health and wellbeing section), links below, consideration should also be given to how any new development, especially for new housing, will provide opportunities for people to lead healthy lifestyles and create healthy communities. Sport England’s Active Design guidance can be used to help with this when developing planning policies and developing or assessing individual proposals.
Active Design, which includes a model planning policy, provides ten principles to help ensure the design and layout of development encourages and promotes participation in sport and physical activity. The guidance, and its accompanying checklist, could also be used at the evidence gathering stage of developing a neighbourhood plan to help undertake an assessment of how the design and layout of the area currently enables people to lead active lifestyles and what could be improved.
NPPF Section 8: https://www.gov.uk/guidance/national-planning-policy-framework/8-promoting-healthy-communities
PPG Health and wellbeing section: https://www.gov.uk/guidance/health-and-wellbeing
Sport England’s Active Design Guidance: https://www.sportengland.org/activedesign
(Please note: this response relates to Sport England’s planning function only. It is not associated with our funding role or any grant application/award that may relate to the site.)
If you need any further advice, please do not hesitate to contact Sport England using the contact details below.
Yours sincerely,

Planning Technical Team

Comment

Representation ID: 43

Received: 19/09/2025

Respondent: Homes England

Dear Sir / Madam
Consultation on the Ollerton with Marthall Neighbourhood Plan (Regulation 16)
Homes England Response
As a prescribed body, we would firstly like to thank you for the opportunity to comment on the above consultation.
Homes England is the government’s housing and regeneration agency. We will drive regeneration and housing delivery to create high-quality homes and thriving places. This will support greater social justice, the levelling up of communities across England and the creation of places people are proud to call home.
Homes England does not wish to make any representations on the above consultation. We will however continue to engage with you as appropriate.
Yours faithfully,
P.P Lucinda Taylor
Head of Planning and Enabling – North West

Comment

Representation ID: 44

Received: 23/09/2025

Respondent: Natural England

Dear Sir/Madam
Ollerton with Marthall Neighbourhood Plan - Regulation 16 Consultation
Thank you for your consultation on the above dated 12 August 2025.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Natural England is a statutory consultee in neighbourhood planning and must be consulted on draft neighbourhood development plans by the Parish/Town Councils or Neighbourhood Forums where they consider our interests would be affected by the proposals made.
Natural England does not have any specific comments on this draft neighbourhood plan.
However, we refer you to the attached annex which covers the issues and opportunities that should be considered when preparing a Neighbourhood Plan and to the following information.
Natural England does not hold information on the location of significant populations of protected species, so is unable to advise whether this plan is likely to affect protected species to such an extent as to require a Strategic Environmental Assessment. Further information on protected species and development is included in Natural England's Standing Advice on protected species .
Furthermore, Natural England does not routinely maintain locally specific data on all environmental assets. The plan may have environmental impacts on priority species and/or habitats, local wildlife sites, soils and best and most versatile agricultural land, or on local landscape character that may be sufficient to warrant a Strategic Environmental Assessment. Information on ancient woodland, ancient and veteran trees is set out in Natural England/Forestry Commission standing advice.
We therefore recommend that advice is sought from your ecological, landscape and soils advisers, local record centre, recording society or wildlife body on the local soils, best and most versatile agricultural land, landscape, geodiversity and biodiversity receptors that may be affected by the plan before determining whether a Strategic Environmental Assessment is necessary.
Natural England reserves the right to provide further advice on the environmental assessment of the plan. This includes any third party appeal against any screening decision you may make. If an Strategic Environmental Assessment is required, Natural England must be consulted at the scoping and environmental report stages.
For any further consultations on your plan, please contact: consultations@naturalengland.org.uk.
Yours faithfully
Sally Wintle
Consultations Team

Comment

Representation ID: 45

Received: 24/09/2025

Respondent: United Utilities Water Ltd

Dear Sir / Madam
CHESHIRE EAST COUNCIL – OLLERTON WITH MARTHALL NEIGHBOURHOOD PLAN REGULATION 16 SUBMISSION VERSION
Thank you for your consultation seeking the views of United Utilities (UU) as part of the Neighbourhood Plan (NP) process. It is important that UU is consulted about the NP, over and above the adopted Local Plan for Cheshire East. United Utilities wishes to build a strong partnership with neighbourhood groups to aid sustainable development and growth.
Our Assets
It is important to outline the need for our assets to be fully considered in any future development proposals. We will not normally permit development over or in close proximity to our assets. All UU assets will need to be afforded due regard in the planning and development process and when bringing forward any transport or public realm improvements. This should include careful consideration of landscaping proposals in the vicinity of our assets and any changes in levels of land over our assets.
We strongly recommend that councils advise future applicants / promoters of the importance of fully understanding site constraints as soon as possible, ideally before any land transaction is negotiated and before commencing design work, so that the implications of our assets on development can be fully understood. Where our assets exist on, or in proximity to, a site, we ask applicants / developers to contact UU to understand any implications. If considering future allocations or development proposals, including public realm or transport improvements, we would request that contact is made with UU to discuss the detail of the proposals at an early stage so that any potential issues can be explored and fully understood. This can be done using our pre-application service using the below contact details.
Website (including ‘Live Chat’): Building & Developing - United Utilities
Telephone (Monday-Friday, 8am-6pm): 0345 072 6067
Email:
WATER (water mains, supply and metering): DeveloperServicesWater@uuplc.co.uk
WASTEWATER (public sewers and drainage): SewerAdoptions@uuplc.co.uk
SLUDGE PIPELINES: DeveloperServicesWater@uuplc.co.uk
Allocations for New Development
Following our review of the NP, we note that there are no new allocations for future development. That said, we ask any future applicants / developers to contact UU to ensure a co-ordinated approach to any future development. All UU assets and associated easements will need to be afforded due regard in the design process as they may impact on deliverability dependent on the location within the site. Enquiries are encouraged via the contact details above and plans of our assets are available from a range of providers including our Property Searches team who can be contacted at https://www.unitedutilities.com/property-searches/.
Policy ENV1 – Wildlife Sites, Wildlife Corridors and Biodiversity
UU notes that this policy prioritises the delivery of biodiversity net gain on site and then within the parish boundary. UU recommends that policy includes recognition that sites outside the parish boundary may also be necessary consistent with the biodiversity metric and reflecting the fact that sites may not always be available for the delivery of biodiversity net gain within the parish boundary.
Summary
If you have any queries or would like to discuss this representation, please do not hesitate to contact me at planning.liaison@uuplc.co.uk.
Yours faithfully
Andrew Leyssens
Planning, Landscape and Ecology
United Utilities Water Limited

Comment

Representation ID: 46

Received: 18/09/2025

Respondent: Cheshire East Council

Summary Response
This statement sets out CEC’s views regarding the OMNDP.
In summary, it is CEC’s view that the NDP, overall, meets the Basic Conditions and other legal requirements.
Engagement between the QB and CEC has meant that many issues raised at previous stages of consultation have been addressed, however the LPA would like to take the opportunity to provide additional comments on the Regulation 16 version of the OMNDP and include such comments below.
Whilst the comments presented here are relatively limited, should specific issues be raised during examination, the LPA would be happy to provide information and input to the examination process, as may be required.
Process and Legal Compliance
The NDP sets out policies in relation to the development and use of land for the defined neighbourhood area, which accords with the definition of neighbourhood plans in Section 38A of the Parish and Country Planning Act 1990.
Ollerton with Marthall PC have prepared the Plan and it is a qualifying body.
The Ollerton with Marthall neighbourhood area was designated by CEC on 13/10/2017. The NDP relates to the Ollerton with Marthall neighbourhood area and there are no other NDPs for that area. This area is coterminous with the Ollerton with Marthall Parish boundaries.
The NDP does not include policies on ‘excluded’ development.
Meeting the Basic Conditions
Only a draft neighbourhood Plan or Order that meets each of a set of basic conditions can be put to a referendum and be made. The basic conditions are set out in paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 as applied to neighbourhood plans by section 38A of the Planning and Compulsory Purchase Act 2004 (Neighbourhood Planning PPG). The basic conditions are:
Regard to national policies and advice contained in guidance issued by the Secretary of State
The NPPF states that neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and deliver the sustainable development they need. The NDP has been developed with and by the community since 2017 when the idea of producing an NDP was first introduced to the community by the steering group.
The NDP supports development that serves the needs of the community, seeks to protect valued natural environment, enhance the local economy in the area, and protect/ support community facilities. The NDP addresses social, environmental, and economic planning issues.
Having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses (applies to orders only)
The neighbourhood area contains several listed buildings, and the OMNDP does include heritage focused policies. However, there are no policies included that conflict with the existing local plan regarding this issue, also, this criterion is only specifically required of orders.
Having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area (applies to orders only)
The neighbourhood area contains conservation areas. However, there are no policies included that conflict with the existing local plan regarding this issue, also, this criterion is only specifically required of orders.
Contributing to the achievement of sustainable development
The NDP establishes a clear vision for the area to 2030, which is articulated through a series of objectives addressing themes including natural environment, heritage, transport, and economy. The vision and objectives are then brought into effect by the policies of the NDP.
General conformity with the strategic policies contained in the Development Plan for the area
This Basic Condition requires an assessment to be made of the NDP against the adopted LPS and the SADPD.
The Local Plan for CE was prepared in two stages with the first part, the LPS, which sets out strategic priorities for the development of the area, along with planning policies and proposals to make sure that new development addresses the economic, environmental and social needs of the area, it was adopted on the 27th of July 2017. The part two plan, the SADPD, provides detailed planning policies and land allocations in line with the overall approach set out in the Local Plan Strategy. It was adopted on the 22nd of December 2022.
On the 1st of July 2022, at Environment and Communities Committee, due to the LPS being older than 5 years since adoption, the plan must be reviewed as to whether an update to the LPS will be carried out. It was decided an update to the LPS will be carried out. At the time of writing CEC is currently at the early stages of preparing to proceed with an update to the LPS.
The LPS sets out a vision for the borough to 2030 supported by an overall development strategy including the planned quantum of economic and housing growth for the whole borough, its spatial distribution, and the allocation of strategic development sites. The two tiers of plan making have been advancing in parallel.
The NDP began preparation following the adoption of the LPS and at approximately the same time work on the SADPD was beginning to advance, as well as being currently worked on as the LPS update is beginning. This situation is not uncommon, and the PPG positively anticipates that NDPs ‘can be developed before or at the same time as the local planning authority is producing its Local Plan’ (Paragraph: 009 Reference ID: 41-009-20190509).
The same PPG paragraph describes how the LPA should work with the QB in such circumstances. The PC and CEC have worked collaboratively during the preparation of the plan. This has included jointly understanding the relationship between the NDP and the Local Plan within the wider context of national policy and guidance and in the context of strategic policies which take effect within Ollerton and Marthall parishes, which have been brought forward via the LPS and the non-strategic policies set out in the SADPD.
In developing the NDP it was understood by the PC that the requirement of this basic condition related to the adopted Local Plan. The close working between the two councils was also aimed at minimising any conflict between the Neighbourhood Plan the adopted CELPS and the emerging SADPD.
Compatibility with EU obligations
The NDP has been screened for SEA by CEC. This confirmed that it was not necessary to undertake SEA.
The NDP has screened for a HRA by CEC. This confirmed that there are no habitats or circumstances that would trigger HRA.
CEC is satisfied that the NDP does not breach, and is compatible with, EU Obligations and Convention rights (within the meaning of the Human Rights Act 1998).
The CEC is satisfied the NDP meets this Basic Condition.
Prescribed conditions have been met
The NDP has been subject to an SEA screening assessment that concluded that a full SEA and HRA were not required. The NDP also does not propose development that would be required to be subject to Environmental Impact Assessment. Therefore, it is considered that the NDP has met the requirements of other prescribed conditions as set out in the Neighbourhood Panning (General) Regulations 2012 (as amended).
Consultation
CEC congratulates the PC on preparing a comprehensive NDP and for the way in which it has been prepared, closely involving the local community. It is notable that the PC has grappled with a wide range of locally important planning issues to set out a positive approach to development.
The NDP is the product of a very significant amount of hard work by volunteers and continuous engagement with the local community which has clearly shaped the content of the NDP. It is evident from the submitted Consultation Statement that residents, businesses, and other organisations have had significant opportunities to input into the development of the NDP.
A range of techniques have been used to reach different sectors of the community. Such as, questionnaires and drop in events.
NDP Content
NDP polices must apply to the development and use of land and be in general conformity with the strategic policies of the adopted local plan; they should be clear and unambiguous and be supported by robust, yet proportional evidence; they should demonstrate that proposals are deliverable, are shaped by effective engagement; and they should not duplicate policies that are already being applied in the local area.
Overall, it is felt that most of the policies of the OMNDP comply with the relevant tests.
As a general point, CEC feels that the document is well structured and logical. The NDP sets out the strategic context and local characteristics before moving into the detail of policy proposals accompanied by a summary of justification and evidence. This is a successful approach which is clear to read and understand.
The objectives of the NDP are set out thematically, following the vision with an easy read across to the relevant policies. The content of the policies addresses local issues, and it is considered that the plan is in general conformity with the strategic policies of the LPS and SADPD.
The Strategic Priorities of the LPS are:
1. Promoting economic prosperity by creating conditions for business growth
2. Creating sustainable communities, where all members are able to contribute and where all the infrastructure required to support the community is provided
3. Protecting and enhancing environmental quality
4. Reducing the need to travel, managing car use and promoting more sustainable modes of transport and improving the road network
It is felt that each of the thematic policy areas of the NDP aligns to at least one of the strategic objectives of the LPS.
Policy Comments
We are encouraged that most of the points raised at the earlier Regulation 14 stage of consultation have been addressed.
POLICY ENV1 – WILDLIFE SITES, WILDLIFE CORRIDORS AND BIODIVERSITY
It is suggested the policy use less restrictive wording of ‘protected from new development’ and ‘non-developable zone’.
POLICY ENV2 – TREES, HEDGEROWS AND WATERCOURSES
The final sentence of the first paragraph is not required in the policy text and should be removed.
The landscaping section of this policy is covered by policy ENV 5 of the SADPD and could be removed from the Plan.
POLICY ENV5 – FOOTPATHS AND BRIDLEWAYS
The second paragraph states ‘very special circumstances’, which is a test reserved for the Green Belt, this wording should be revised.
Existing Local Plan policy already covers most of the content within this policy.
POLICY HOU1 – HOUSING
The first paragraph of this policy does not need to be explicitly repeated.
The content of the second paragraph regarding footprint is addressed by the RUR policies of the SADPD.
It is recommended this policy is removed from the Plan.
POLICY HOU2 – HOUSING MIX AND TYPE
‘acceptable under Green Belt policy’ is not required in the policy text and could be removed.
POLICY COM1 – COMMUNITY FACILITIES
‘which require planning permission’ can be removed from the policy.
POLICY TRAN1 – SUSTAINABLE TRANSPORT
‘applicant for’ can be removed from the policy.
POLICY ECON1 - RURAL ECONOMY
It is considered that the content of this policy is covered by the LPS (2017), and the SADPD (2022), particularly the RUR chapter. This policy could be removed from the Plan.