Case 3309262

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE

Chorley Borough Council — appeal allowed

Outcome
Allowed
Decision date
31 March 2023
Authority
Chorley Borough Council
Inspector
Partington A
Procedure
Inquiry
Casework type
Planning Appeal
Type detail
Unknown
Development type
Unknown
Appellant
Bellway Homes Limited (Manchester Division)
LPA reference
21/01475/FULMAJ
ONS LPA code
E07000118
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 November 2022

Summary AI

The appeal was allowed due to the site being a suitable location for new housing, with good public transport links and access to services and facilities. The proposal would also preserve the settings of nearby heritage assets and create new affordable housing units.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Inquiry held on 21 – 22 and 24 February 2023 Site visit made on 22 February 2023 by Alison Partington BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 31/03/2023 Appeal Ref: APP/D2320/W/22/3309262 Former DXC Technology Site, Euxton Lane, Chorley, PR7 6FE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Bellway Homes Limited (Manchester Division) against the decision of Chorley Borough Council. • The application Ref 21/01475/FULMAJ, dated 17 December 2021, was refused by notice dated 22 September 2022. • The development proposed is the erection of 108 no. dwellings (Use Class C3) with associated access, landscaping, parking and other works following demolition of existing building. Decision 1. The appeal is allowed and planning permission is granted for the erection of 108 no.

Page 1 · Chunk 1 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision dwellings (Use Class C3) with associated access, landscaping, parking and other works following demolition of existing building at the Former DXC Technology Site, Euxton Lane, Chorley, PR7 6FE in accordance with the terms of the application, Ref 21/01475/FULMAJ, dated 17 December 2021, subject to the conditions set out in Annex A. Procedural Matters 2. The application was amended prior to its determination by the Council. The revised scheme reduced the number of houses on the site from 118 to 108. In addition, various amendments were made to the layout of the site subsequent to the application being determined and before the Inquiry started. I am satisfied that, due to the nature of these amendments, no party would be prejudiced by my determining the appeal on the basis of the revised layout. 3. The Inquiry was opened and on the first day started hearing evidence from the Council. At the start of the second day the Council confirmed they were withdrawing their objection to the proposal and so took no further part in the Inquiry other than the round table discussion on conditions and the planning obligation. 4.

Page 1 · Chunk 2 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision A draft agreement under Section 106 of the Town and Country Planning Act 1990 was submitted by the appellant as part of the Inquiry documentation and the agreement was discussed at the Inquiry. As agreed during this discussion the signed and executed Deed was submitted after the close of the Inquiry. I will return to the agreement later in my decision. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision A draft agreement under Section 106 of the Town and Country Planning Act 1990 was submitted by the appellant as part of the Inquiry documentation and the agreement was discussed at the Inquiry. As agreed during this discussion the signed and executed Deed was submitted after the close of the Inquiry. I will return to the agreement later in my decision. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 Main Issues 5. Based on the development plan and the evidence before me I consider the main issues in the appeal are: • The effect of the development on the supply of employment land; and • Whether or not the site is a suitable site for housing having particular regard to its location in relation to other housing and services. Reasons Planning Policy Context 6. The appeal site forms part of the Buckshaw Village Strategic Site as designated by Policy CS1 of the Central Lancashire Core Strategy 2010 – 2026 (adopted July 2012) (CS). This designation allows for a mixed used development including housing and employment but the site itself is not allocated for any specific use. In addition, the site is located within the settlement of Euxton as designated by Policy V2 of the Chorley Local Plan 2012 – 2026 (adopted July 2015) (LP). Within settlement areas the policy indicates that there is a presumption in favour of sustainable development. 7. A new Central Lancashire Local Plan is currently being produced by the three central Lancashire authorities.

Page 2 · Chunk 5 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision However, as this emerging plan is still at an early stage in its production both parties agree in the General Statement of Common Ground (SoCG) that no weight can be given to this. I have no reason to come to a different view. Supply of Employment Land 8. The appeal site currently comprises a vacant office building together with areas of hardstanding and car parking. CS Policy 10 states that all existing employment premises, and sites last used for employment, will be protected for employment use, and that there is a presumption that ‘Best Urban’ and ‘Good Urban’ sites will be retained for B use class employment use. The site, along with the adjacent commercial premises was assessed as being ‘Good Urban’. The policy also sets out criteria by which proposals for non-employment uses on such sites would be assessed. It was agreed in the Employment SoCG that the proposal meets the requirements of criteria b, e and f, and I deal with criterion c and d under my second main issue. Criterion a 9. The first criterion requires that the proposal would not result in an unacceptable reduction in the type, quality or quantity of the employment land supply.

Page 2 · Chunk 6 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision The Central Lancashire Employment Land Study Update (February 2022) (CLELS) set out figures for the annual requirement for employment land and the realistic existing supply of employment land in the borough. The appellant’s evidence sets out detailed reasoning on why they do not agree with these figures and what they consider to be more appropriate. 10. Nonetheless, even using these figures, the Borough has just over a 16 year supply of employment land. This therefore means that in quantitative terms there is more than enough employment land not only for the rest of the current plan period, but also for a significant part of the next plan period. On this basis, https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision The Central Lancashire Employment Land Study Update (February 2022) (CLELS) set out figures for the annual requirement for employment land and the realistic existing supply of employment land in the borough. The appellant’s evidence sets out detailed reasoning on why they do not agree with these figures and what they consider to be more appropriate. 10. Nonetheless, even using these figures, the Borough has just over a 16 year supply of employment land. This therefore means that in quantitative terms there is more than enough employment land not only for the rest of the current plan period, but also for a significant part of the next plan period. On this basis, https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 the proposal, which would result in the loss of just over 3ha of employment land would not be detrimental to quantity of employment land available. 11. The CLELS identifies that the shortfall in employment land is for land suitable for offices and for large scale B8 uses, and that there is a surplus of other types of employment land. As set out in the Viability SoCG, it is not disputed that: the existing building on the site cannot be viably re-used for any purpose; that the site cannot be viably re-used for offices; and that the site is too small to accommodate large scale B8 uses. Nothing I heard or read leads me to a different conclusion in this regard. As a result, the site would not contribute towards addressing the areas where there is a shortfall in employment land. 12. Moreover, the appellant’s evidence shows that in the next 12 months a significant amount of new employment premises will be delivered through the developments at Botany Bay and Standish Street. This would give the borough nearly a 3.5 year supply of smaller scale employment premises. 13.

Page 3 · Chunk 9 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision In the light of this, I consider that the proposal would not be detrimental to the quality of employment land or premises available. 14. Therefore, I consider that the proposed development would not have an unacceptable impact on the type, quality or quantity of employment land and so accords with this criterion. Criterion h 15. This requires an assessment of the viability of employment development including employment re-use and employment redevelopment. The appellant’s evidence provides viability assessments for a range of different employment uses as well as the re-use of the existing building. These all show that the site cannot viably be used for employment purposes. I consider the methodology and assumptions used in these assessments to be reasonable. In the light of this, and in the absence of any evidence to the contrary, I consider it has been shown that the site cannot viably be used for employment purposes. Criterion g 16. Criterion g requires evidence of lack of demand for the site/premises through a 12 month period of rigorous marketing. It is not disputed that this has not been done. As such, the proposal would be contrary to this criterion and so the proposal would not accord with this policy.

Page 3 · Chunk 10 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision However, for a number of reasons I only give minimal weight to this conflict. 17. Firstly, in a number of respects CS Policy 10 takes a more restrictive approach or is more onerous than the more recent National Planning Policy Framework (the Framework). I consider whether the proposal would accord with paragraph 123 of the Framework shortly, but whereas Policy 10 is a largely restrictive policy, this paragraph requires a positive approach to be taken to the re-use of currently developed land which is unallocated for other uses, particularly where it would help to provide homes in areas of high demand for housing. 18. Secondly, the viability evidence shows that the site would not be viable for employment use, and the Planning Practice Guidance (PPG) does not require a marketing exercise to be undertaken to establish a scheme is not viable. Given the site cannot be developed viably for employment uses I consider a marketing exercise is not necessary to show a lack of demand. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 11 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 19. Thirdly, the appellant has highlighted that in a number of other recent applications which have sought permission for the use of employment land for housing the Council has not required a marketing exercise to be undertaken before granting permission. Paragraph 123 of the Framework 20. As mentioned above the Framework indicates that a positive approach should be taken to alternative uses of land that are currently developed but not allocated for a specific purpose in a plan. This is the case for the appeal site. With regard to the use of employment land, it indicates proposals for housing should be supported in areas of high housing demand provided this would not undermine key economic sectors or sites and would be compatible with other policies in the Framework. 21. Neither the adopted development plan nor the emerging plan identify the site as a key employment site. Nor is there any evidence in any of the Employment Land reports that would support this site being considered as a key employment site. Moreover, as it has been agreed that the re-use of the existing building as offices is not viable, the proposal would not harm a key economic sector either. 22.

Page 4 · Chunk 12 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Given this, I consider that the proposal would not undermine key economic sectors or sites and I address below whether in other respects the proposal accords with the Framework. Conclusion on employment land supply 23. The proposal would not fully accord with CS Policy 10. Nonetheless, for the reasons set out above, I give this conflict with the development plan limited weight. Whether the site represents a suitable site for housing 24. Euxton Lane contains both residential and various commercial uses, giving it a mixed character. Whilst in the immediate vicinity of the appeal site the only housing is some sporadic properties to the south of Euxton Lane, residential estates are located a short distance after the Central Avenue junction and adjacent to the West Way roundabout. As such, the proposed development would not appear out of character or isolated from other residential uses. 25. A commercial property is located to one side of the appeal site, whilst to the other is a football training ground. Along the Euxton Lane corridor residential properties are commonly found adjacent to commercial properties, for instance the new development at Strawberry Meadows and at East Terrace.

Page 4 · Chunk 13 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Moreover, in the wider Buckshaw Village area, residential properties are regularly found in close proximity to commercial uses. As such, the juxtaposition of the proposal with commercial uses would not be out of keeping with the character of the area. 26. The site has good public transport links. Bus stops within a 5 minute walk of the site provide a good service to both Chorley and Preston and although further away, Buckshaw Parkway station is still a walkable distance from the site. Also within walking distance of the site are a wide range of services and facilities, including the Buckshaw Village District Centre, various employment areas, primary schools, and a gym. Whilst the nearest secondary schools are https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 14 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 not in walking distance, a bus service to them operates from a bus stop close to the site. 27. Furthermore, the walking and cycling routes between the sites and these facilities are of a high standard, are wide, well-lit and well used. As such, they would provide an attractive route for future occupiers to use. The cycle routes also form part of a national route that continues to Preston to the north and Chorley to the south. Given this, I consider that future occupiers would not have to rely solely on a private car to meet their day-to-day needs and are provided with a range of transport options. 28. In addition, the appeal site is located within the Buckshaw Village strategic site where both housing and employment uses are considered to be suitable. 29. Therefore, I consider that the site would be a sustainable and accessible location for new housing. Consequently, it would be a suitable site for new housing, and would not conflict with criterion c) or d) of CS Policy 10 which require the relative suitability of the site for employment and housing to be assessed and an assessment of the site’s location and its relationship to other uses.

Page 5 · Chunk 15 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Nor would it conflict with CS Policy 17 which requires that new developments take account of the character and appearance of the area including by linking in with surrounding movement patterns. It would also accord with the Framework which seeks to ensure that significant developments are focussed in locations which are, or can be made, sustainable, through limiting the need to travel and offering a genuine choice of transport modes. Other Matters 30. A barn that is a Grade II Listed Building lies to the south-west of the site on the opposite side of Euxton Lane. In addition, the site lies adjacent to three non- designated heritage assets that are all linked to the former Royal Ordnance Factory – the former Runshaw College Building, the perimeter wall and a WWII pillbox / guard post which is built into the wall. As a result, the application was supported by a Heritage Assessment. 31. The Heritage SoCG states that the significance of the Listed Building is largely defined by the retained fabric of the building itself and that the development of industrial and commercial buildings along Euxton Lane in the past changed and eroded its wider setting.

Page 5 · Chunk 16 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision It is agreed in this that in its current form the appeal site does not contribute any level of significance to the Listed Building and that the appeal proposal would cause no harm to the contribution made by the setting to the significance of the Listed Building. 32. Furthermore, it is also agreed that the existing low significance of the setting to the non-designated heritage assets means that the proposal would not result in any harm to their setting either. 33. From what I have seen and read I see no reason to come to a different conclusion in this regard. Consequently, I am satisfied that the proposal would preserve the setting of these heritage assets. Planning Benefits 34. It is not disputed that the Council can only demonstrate a 3.3 year housing land supply and that this is a significant shortfall. In this context, both parties https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 17 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 consider significant weight should be attached to the fact that the proposal would create 108 new dwellings. This is a conclusion with which I agree. 35. Moreover, the proposal would deliver 13 affordable units, which after taking account of the vacant buildings credit, is slightly above the requirement set out in Policy 7 of the CS. The development would therefore make a valuable contribution to the Council’s annual affordable housing need of 113 net affordable units a year. The appellant’s evidence shows that affordability ratios in the area have risen sharply between 2020-21 and that there are a considerable number of people on the housing waiting list. Moreover, Buckshaw Village area has the highest level of affordable housing need in the borough. In the light of this, I give significant weight to the benefit arising from the provision of affordable housing. 36. A number of the houses would look over Euxton Lane and thus would improve the natural surveillance of this stretch of the combined footway/cycleway. However, as there is no evidence to show that this route has any particular issues with crime or anti-social behaviour at present, I only give this limited weight.

Page 6 · Chunk 18 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision I also give limited weight to the improvements that would be made to the bus stops adjacent to the site that are currently used by school buses. 37. The development would secure economic benefits both through construction investment and by the contribution future occupiers would make to the local economy and I give moderate weight to these benefits. 38. The proposal would redevelop a vacant brownfield site preventing its somewhat neglected appearance deteriorating further. Given the prominence of the site and the fact it lies in the setting of a listed building, the visual improvement of the site is also a benefit of the scheme. In line with paragraph 120c of the Framework, I give these benefits substantial weight. 39. The proposal would create an area of public open space and a play area. This would largely benefit future occupiers and off-set the demand created by the development itself. Nonetheless, its location at the front of the site, and in an area where there is a deficiency of open space, means it will also be a benefit to existing residents and occupiers of adjacent commercial buildings. I give this modest weight. 40. The site currently contains large areas of hard standing and has limited ecological value.

Page 6 · Chunk 19 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision The proposal through the landscaping of the site, creation of gardens and other green space and the provision of bird and bat boxes would result in a significant improvement to its biodiversity value. In addition, the proposal would reduce the surface water run-off from the site. I give these benefits moderate weight. Planning Obligation 41. A signed and completed Section 106 agreement has been submitted. This secures the provision of 13 affordable housing units as well as the type and the occupancy of the units. It also secures the delivery of the Locally Equipped Area for Play within the public open space shown on the layout plan. In addition, it makes provision for a financial contribution towards the improvement or enhancement of existing sports pitches and facilities within the borough that would reflect the extra demand the development would create. It https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 20 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 also makes a financial contribution to enable the County Council to oversee and monitor the Travel Plan. 42. The Council have provided a detailed Compliance Statement that sets out how the section 106 agreement would meet the relevant tests contained in Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) and in paragraph 57 of the Framework. 43. From the evidence before me I am satisfied that all of the obligations in the Unilateral Undertaking are necessary, directly related to the development and fairly related in scale and kind. As such, it accords with the statutory tests. Planning Balance and Conclusion 44. Paragraph 11d of the Framework states that where the most important policies for the determination of a proposal are out of date, (which includes applications for housing where the local planning authority cannot show a 5 year housing land supply), permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the Framework taken as a whole. 45. The most important policies for determining this appeal are CS Policies 10 and 17.

Page 7 · Chunk 21 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision The Council accepts that it cannot demonstrate a 5 year housing land supply and that CS Policies 10 and 17 are out of date – a conclusion I agree with. As a result, the ‘tilted balance’ in paragraph 11d is engaged. 46. The proposal would not accord with Policy 10 of the CS but for the reasons set out above I only give minimal weight to the harm this conflict with the development plan would cause. 47. I have found that the proposal would preserve the settings of the nearby Listed Building and the non-designated heritage assets. However, an absence of harm with regard to heritage matters is a neutral factor. 48. I have outlined the benefits of the proposal above and have concluded that significant/substantial weight is to be given to the provision of open market and affordable housing and the re-use of a brownfield site, moderate / modest weight is to be given to the economic benefits, the provision of open space and biodiversity enhancements, and that limited weight is to be given to the improvements to the nearby bus stops and to the level of natural surveillance. 49.

Page 7 · Chunk 22 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Overall, I consider that the adverse impacts of the development would not significantly and demonstrably outweigh the benefits of the proposal when assessed against the Framework as a whole. Consequently, the proposal would benefit from the presumption in favour of development as defined in the Framework, and this material consideration indicates that planning permission should be granted for development that is not in accordance with the development plan. Therefore, I conclude the appeal should be allowed. Conditions 50. The Council and the appellant agreed a set of conditions that were discussed at the Inquiry. I have considered these in the light of paragraph 56 of the Framework and have revised a number of them as discussed at the Inquiry. 51. In addition to the standard implementation condition, to provide certainty it is necessary to define the plans with which the scheme should accord (condition https://www.gov.uk/planning-inspectorate 7

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/22/3309262 2). Condition 3, 5 and 7 are necessary in the interests of the character and appearance of the area. For the same reason and also to ensure adequate living conditions for future occupiers, condition 4 is necessary. To safeguard the protected trees as well as in the interests of visual amenity conditions 9 and 10 are required. 52. Condition 6 is necessary to safeguard the development from contaminated land. In the interests of safeguarding biodiversity conditions 8 and 11 are required, whilst condition 12 is necessary due to the proximity of the site to the railway. 53. To ensure the site is satisfactorily drained conditions 13, 14, 15 and 16 are imposed. In addition, condition 20 is needed to ensure adequate drainage of the site during the construction phase. This needs to be a pre-commencement conditions as it relates to works which need to be in place before construction works commence. 54. Due to the potential links between the existing building and the former Royal Ordnance Factory, condition 17 is required to ensure historic recording and reporting of the existing building takes place.

Page 8 · Chunk 24 Appeal Decision

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Appeal Decision This needs to be a pre- commencement condition as it is required to be undertaken before the building is demolished. Condition 18 is reasonable and necessary to set out the employment and skills training opportunities during the construction phase of the development. 55. For highway safety reasons and to ensure the site is provided with a satisfactory access conditions 19, 21 and 22 are necessary. In the interest of promoting sustainable travel, condition 23 is necessary. To ensure the development is provided with adequate open space and play areas condition 24 is required.

Page 8 · Chunk 25 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington INSPECTOR https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 26 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington INSPECTOR https://www.gov.uk/planning-inspectorate 8

Page 9 · Chunk 27 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Appeal Decision APP/D2320/W/22/3309262 APPEARANCES FOR THE LOCAL PLANNING AUTHORITY: Alan Evans Counsel instructed by Alex Jackson, Legal Services Team Leader for Chorley Borough Council Vincent Sandwell BSc MRICS* Director, BE Group Iain Crossland Chorley Borough Council * Provided evidence before the Council withdrew and so evidence was withdrawn FOR THE APPELLANT: Sarah Reid KC instructed by Bellway Homes Sebastian Tibenham MTCP MRTPI Executive Director, Pegasus Group Andrew Aherne BSc (Hons) MRICS Director, Aherne Property Consultants Phil Wooliscroft HNC MSc Partner, Eddisons Robert Waite Partner, Gateley Legal Kerry Walker BSc (Hons) MSc MRTPI Principal Planner, Pegasus Group DOCUMENTS SUBMITTED DURING THE INQUIRY 1. List of appearances for the Council 2. List of appearances for the Appellant 3. Opening Statement on behalf of the Appellant 4. Opening Statement on behalf of the Council 5. Revised Appendix 20 to Mr Tibenham’s Proof of Evidence 6. Revised table “Industrial Demand and Committed Supply of Existing Industrial Accommodation” from page 3, paragraph 13 of Mr Aherne’s Rebuttal Proof. 7. Site Visit agenda 8. Revised wording for 3 of the suggested conditions 9.

Page 9 · Chunk 28 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Closing Statement on behalf of the Appellant DOCUMENTS SUBMITTED AFTER THE INQUIRY 10. Signed and dated section 106 agreement. https://www.gov.uk/planning-inspectorate 9

Page 9 · Chunk 29 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Closing Statement on behalf of the Appellant DOCUMENTS SUBMITTED AFTER THE INQUIRY 10. Signed and dated section 106 agreement. https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/D2320/W/22/3309262 ANNEX A CONDITIONS 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan Dwg No BHM200 LP01 Rev A; Planning Layout Dwg No BHM200 PL01 Rev AB; Housetype Pack (December 2022) Dwg No BHM200 HT01; Boundary Treatment Plan Dwg No BHM200 BT01 Rev H; Boundary Details Dwg No BHM200 SD01 Rev A; Waste Management Plan Dwg No BHM200 WM01 Rev E; Site Access Plan Dwg No 3456-F01 Rev D; Materials Plan Dwg No BHM200 ML01 Rev E; Hard Surfacing Plan Dwg No BHM200 HS01 Rev G; Planting Plan 1 of 2 Dwg No LDS502-01D; Planting Plan 2 of 2 Dwg No LDS502-02C; Drainage Strategy Engineering Appraisal 1 of 2 Dwg No BH-DXC-C-APP01 Rev F; and Drainage Strategy Engineering Appraisal 2 of 2 Dwg No BH- DXC-C-APP02 Rev F.

Page 10 · Chunk 30 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington 3) Notwithstanding any details shown on any previously submitted plans, no development above ground level shall take place until samples of the materials to be used in the construction of all external facing and roofing materials for the dwellings hereby permitted have been submitted to, and approved in writing by, the local planning authority. Development shall be carried out in accordance with the approved samples. 4) No dwelling hereby permitted shall be occupied until all fences and walls shown in the approved details to bound its plot, have been erected in conformity with the approved details. Other fences and walls shown in the approved plans shall be erected in conformity with the approved plans prior to substantial completion and shall be retained as such thereafter. 5) The development hereby permitted shall be carried out in conformity with the proposed ground and building slab levels shown on the approved Drainage Strategy Engineering Appraisal 1 and 2.

Page 10 · Chunk 31 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington 6) The development hereby permitted shall be carried out in accordance with the recommended remedial works to address the risks of ground contamination issues, as identified and detailed in the following reports: Phase 1 Geo-Environmental Investigation by IGE consulting ref. no. 3590-02 dated August 2021; Phase 2 Geo-Environmental Ground Investigation by IGE consulting ref. no. 3590-02 dated August 2021 Remedial Strategy Report (3590-03A) – IGE Consulting August 2022. For the avoidance of doubt the remedial measures deemed necessary are those to be employed for capping the site in respect of human health, and installation of gas protection measures to the required standard and appropriate dwelling plots. Within 5 days of the completion of the remediation works a validation/ verification report shall be submitted to the local planning authority to verify the above measures have been carried out. The report will provide details of the data that has been collected in order to demonstrate that the works set out in the approved remediation strategy are complete and https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 32 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Appeal Decision APP/D2320/W/22/3309262 identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 7) All planting, seeding or turfing comprised in the approved details of landscaping listed under condition 2 shall be carried out in accordance with a phasing strategy which will be submitted to, and agreed in writing by, the local planning authority prior to occupation of the first dwelling hereby permitted. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 8) The development hereby permitted shall be carried out in accordance with the details contained in the Bat and Bird Box Mitigation Scheme (8968.01.001 version 1.1 June 2022). The bat and bird boxes shall be provided in accordance with a phasing strategy which shall be submitted to, and agreed in writing by, the local planning authority prior to occupation of the first dwelling hereby permitted.

Page 11 · Chunk 33 Alison Partington

Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington 9) The development hereby approved shall be carried out in accordance with the details contained within the Arboricultural Impact Assessment (Ref. 1507.21 Rev B dated 8th August 2022) and the trees to be retained on the plans and particulars within this document must be fully safeguarded in accordance with BS5837:2012 for the duration of the construction period. 10) No development (excluding demolition) shall take place until an Arboricultural Method Statement has been submitted to, and approved in writing by, the local planning authority. The Arboricultural Method Statement shall include the details outlined at paragraph 6.2 of the Arboricultural Impact Assessment (Ref. 1507.21 Rev B dated 8th August 2022) and details of the surface materials proposed around T1 and T2, as shown on Tree Constraints and Draft Protection Drawing (Ref. P1507.21.02 Rev B). Thereafter, the construction and operational phases of the development hereby approved will be carried out in accordance with the approved Arboricultural Method Statement.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington 11) No works to trees and shrubs, or vegetation clearance, shall occur between 1st March and 31st August in any year unless, immediately prior to any clearance/works, a detailed bird nest survey, undertaken by a suitably experienced ecologist has been carried out and has been submitted to, and approved in writing by, the local planning authority demonstrating that no active bird nests are present. 12) No development, including any piling works, located within 10m of the operational railway, shall take place until: a) a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway has been submitted to, and approved in writing by, the local planning authority. b) full details of ground levels, earthworks and excavations to be carried out within 10m of the railway boundary have been submitted to, and approved in writing by, the local planning authority. Thereafter, any work within 10m of the operational railway, shall take place in accordance with the approved RAMS and details. https://www.gov.uk/planning-inspectorate 11

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Appeal Decision APP/D2320/W/22/3309262 13) The development hereby permitted shall be carried out in accordance with the principles set out in the site specific Flood Risk Assessment Final Report v1.1 (dated December 2021) by Weetwood Services Ltd and the Surface Water Sustainable Drainage Strategy BH-DXC-DS01 Rev A (dated June 2022) by Site Infrastructure Services Limited. The measures shall be fully implemented in accordance with the timing / phasing arrangements embodied within these reports. 14) No development, other than demolition, shall take place until a detailed, final surface water sustainable drainage strategy for the site has been submitted to, and approved in writing by, the local planning authority. The detailed surface water sustainable drainage strategy shall be based upon the site specific flood risk assessment and indicative surface water sustainable drainage strategy previously submitted, and the sustainable drainage principles and requirements set out in the National Planning Policy Framework, Planning Practice Guidance and Defra Technical Standards for Sustainable Drainage Systems. No surface water shall be allowed to discharge to the public foul sewer(s), directly or indirectly.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington The details of the drainage strategy to be submitted for approval shall include, as a minimum; a) Sustainable drainage calculations for peak flow control and volume control for the: i. 100% (1 in 1-year) annual exceedance probability event; ii. 3.3% (1 in 30-year) annual exceedance probability event + 40% climate change allowance, with an allowance for urban creep; and iii. 1% (1 in 100-year) annual exceedance probability event + 40% climate change allowance, with an allowance for urban creep. b) Final sustainable drainage plans appropriately labelled to include, as a minimum: i. Site plan showing all permeable and impermeable areas that contribute to the drainage network either directly or indirectly, including surface water flows from outside the curtilage as necessary; ii. Sustainable drainage system layout showing all pipe and structure references, dimensions and design levels iii. Details of all sustainable drainage components, including landscape drawings showing topography and slope gradient as appropriate; iv. Drainage plan showing flood water exceedance routes in accordance with Defra Technical Standards for Sustainable Drainage Systems; v.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Finished Floor Levels (FFL) in AOD with adjacent ground levels for all sides of each building and connecting cover levels to confirm minimum 150mm+ difference for each FFL; vi. Details of proposals to collect and mitigate surface water runoff from the development boundary; and vii. Measures taken to manage the quality of the surface water runoff to prevent pollution, protect groundwater and surface waters, and to deliver suitably clean water to sustainable drainage components. https://www.gov.uk/planning-inspectorate 12

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Finished Floor Levels (FFL) in AOD with adjacent ground levels for all sides of each building and connecting cover levels to confirm minimum 150mm+ difference for each FFL; vi. Details of proposals to collect and mitigate surface water runoff from the development boundary; and vii. Measures taken to manage the quality of the surface water runoff to prevent pollution, protect groundwater and surface waters, and to deliver suitably clean water to sustainable drainage components. https://www.gov.uk/planning-inspectorate 12

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Appeal Decision APP/D2320/W/22/3309262 c) Evidence of an assessment of the site conditions to include site investigation and test results to confirm infiltration rates and groundwater levels in accordance with BRE 365. d) Evidence of an assessment of the existing on-site surface water drainage systems to be used, to confirm that these systems are in sufficient condition and have sufficient capacity to accept surface water runoff generated from the development. e) Evidence that a free-flowing outfall can be achieved. If this is not possible, evidence of a surcharged outfall applied to the sustainable drainage calculations will be required. f) Evidence of an agreement in principle with the third party Water and Sewerage Company to connect to the on site surface water sewer. The sustainable drainage strategy shall be implemented in accordance with the approved details. 15) No dwelling hereby permitted shall be occupied until a site specific Operation and Maintenance Manual for the lifetime of the development, pertaining to the surface water drainage system, prepared by a suitably competent person, has been submitted to, and approved in writing by, the local planning authority.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington The details of the manual to be submitted for approval shall include, as a minimum: a) a timetable for its implementation; b) Details of SuDS components and connecting drainage structures, including watercourses and their ownership, and maintenance, operational and access requirement for each component; c) Pro-forma to allow the recording of each inspection and maintenance activity, as well as allowing any faults to be recorded and actions taken to rectify issues; d) The arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme in perpetuity; e) Details of financial management including arrangements for the replacement of major components at the end of the manufacturer's recommended design life; f) Details of whom to contact if pollution is seen in the system or if it is not working correctly; and g) Means of access for maintenance and easements. Thereafter the drainage system shall be retained, managed, and maintained in accordance with the approved details.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington 16) Site-specific verification reports, pertaining to the surface water sustainable drainage system, and prepared by a suitably competent person, shall be submitted to, and approved in writing by, the local planning authority at intervals on completion of each phase of the surface water drainage system in line with the approved timetable for its implementation. The verification report must, as a minimum, demonstrate that the surface water sustainable drainage system has been constructed in accordance with the approved drawing(s) (or detail any minor variations) and is fit for purpose. The report shall contain information and evidence, including photographs, details and locations (including national grid references) of https://www.gov.uk/planning-inspectorate 13

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Appeal Decision APP/D2320/W/22/3309262 critical drainage infrastructure (including inlets, outlets, and control structures) and full as-built drawings. The scheme shall thereafter be retained, managed and maintained in perpetuity in accordance with the Operation and Maintenance Manual approved under condition 15. 17) No development, including any demolition works, shall take place until the applicant or their agent or successors in title have secured the implementation of a programme of building recording, analysis and reporting work. This must have been carried out in accordance with a written scheme of investigation, which shall first have been submitted to, and agreed in writing by, the local planning authority. The programme of works should comprise the creation of a record of the building/walls to level 2-3 as set out in "Understanding Historic Buildings" (Historic England 2016). It should include, where relevant, a full description of the building/walls, inside and out, drawn plans, elevations and at least one section (which drawings may be derived from checked and corrected architect's drawings), and a full photographic coverage, inside and out.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington The work must be undertaken by an appropriately qualified and experienced professional contractor to the standards and guidance of the Chartered Institute for Archaeologists. A copy of this record shall be submitted to the local planning authority and the Lancashire Historic Environment Record prior to any development above ground level taking place. 18) No development, other than demolition and remediation works, shall take place until an Employment and Skills Plan, that is tailored to the development and will set out the employment skills opportunities for the construction phase of the development, has been submitted to, and approved in writing by, the local planning authority. The development shall be carried out in accordance with the Employment and Skills Plan. 19) No development, other than demolition, shall take place until a Construction and Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Local Planning Authority.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington The CTMP shall include and specify the provisions to be made for the following: • The parking of vehicles of site operatives and visitors; • Loading and unloading of plant and materials used in the construction of the development; • Storage of such plant and materials; • Wheel washing facilities; • Hours of operation (including deliveries) during construction; • Periods when plant and materials trips should not be made to and from the site (mainly peak hours but the developer to identify times when trips of this nature should not be made); • Routes to be used by vehicles carrying plant and materials to and from the site; and • Measures to ensure that construction and delivery vehicles do not impede access to adjoining properties. The development shall be carried out in accordance with the approved CTMP. 20) No development shall commence until a Construction Surface Water Management Plan, detailing how surface water and stormwater will be https://www.gov.uk/planning-inspectorate 14

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington Appeal Decision APP/D2320/W/22/3309262 managed on the site during construction, including demolition and site clearance operations, has been submitted to, and approved in writing by, the local planning authority. The details of the plan to be submitted for approval shall include, as a minimum: a) Measures taken to ensure surface water flows are retained on-site during the construction phase, including temporary drainage systems, and, if surface water flows are to be discharged, they are done so at a restricted rate that must not exceed the equivalent greenfield runoff rate from the site. b) Measures taken to prevent siltation and pollutants from the site into any receiving groundwater and/or surface waters, including watercourses, with reference to published guidance. The plan shall be implemented prior to any development hereby permitted taking place and thereafter managed and maintained in accordance with the approved plan for the duration of construction.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington 21) Notwithstanding the site access plan 3456-F01 Rev D approved under condition 2, no dwelling hereby permitted shall be occupied until the approved scheme for the construction of the site access and the off-site works of highway improvement (including the provision of a raised platforms/boarding areas at the two closest bus stops to the site on Euxton Lane) have been constructed and completed in accordance with full scheme details, which shall have first been submitted to, and approved in writing by, the local planning authority. 22) The new estate road for the approved development shall be constructed in accordance with the Lancashire County Council Specification for Estate Roads to at least base course level up to the entrance of the site compound before any development above ground level takes place within the site and no dwelling hereby permitted shall be occupied until the estate road affording access to it is provided to at least base course level. 23) No dwelling hereby permitted shall be occupied until a Full Travel Plan has been submitted to, and approved in writing by, the local planning authority.

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Former DXC Technology Site , Euxton House, Euxton Lane , Chorley , PR7 6FE — Chorley Borough Council — Alison Partington The provisions of the Full Travel Plan shall be implemented and operated in accordance with the timetable contained therein. 24) No dwelling hereby permitted shall be occupied until a detailed scheme for the provision of the play area on site, including details of siting and specification of the play equipment, has been submitted to, and approved in writing by, the local planning authority. Thereafter the public open space and play areas shall be constructed and completed in accordance with the detailed scheme and Planting Plan 1 of 2 approved under condition 2 prior to the practical completion of 75 dwellings on the site. https://www.gov.uk/planning-inspectorate 15

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
For appellant
¶44

The inspector considered that the development would not have a significant impact on the living conditions of future residents, with access to public transport and services and facilities nearby.

Heritage impact
For appellant
¶31

The inspector found that the development would preserve the settings of nearby heritage assets, including a Grade II Listed Building and other non-designated heritage assets.

Housing land supply
For appellant
¶12

The inspector considered that the development would not have an unacceptable impact on the type, quality or quantity of employment land, and that the site would be a suitable location for new housing.

Ecology and biodiversity
For appellant
¶40

The inspector found that the development would improve the biodiversity value of the site, with the provision of bird and bat boxes and other green space.

Other
For appellant
¶27

The inspector considered that future residents would not have to rely solely on a private car to meet their day-to-day needs, with access to public transport and cycling routes nearby.

Policies relied on

Reference Weight
NPPF 208
Determinative
CS Policy 10
Limited
CS Policy 17
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 15 pages, issued by the Planning Inspectorate on 31 March 2023 under the Open Government Licence.