Town and Country Planning Act 1990

Appeal by the Trustees of Park Road Land

Land South of Park Road, Westhoughton, Bolton

LA Ref.: 54859/99 - Appeal No. APP/N4205/A/99/1033664

Statement of Case by Save Westhoughton, Act Now (known hereafter as SWAN) under Rule 6 of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedures) Rules 1992

1. The Application
   The application is in outline for the erection of business uses (B1, B2 and B8) and the relocation of playing fields. It must be noted that the application makes much use of previous reports for Lee Hall under planning applications 53975/98 and 54859/99, which have subsequently been withdrawn.
   
   
2. Site Characteristics
   The land lies south of Chequerbent Roundabout, this forms the junction of the Syndale Way (leading to Junction 5 of the M61), Park Road and the A6. The site is currently farmland being used for grazing. In addition there is an existing playing field to the north of the site. The site is bounded by residential properties to both the north and north west, whilst the former Bolton/Kenyon railway lies to the east and Platt Lane and open countryside to the south.
   
   
3. Policy
   SWAN will refer to relevant national, regional and local planning policy as follows:
   • National Planning Policy: PPG1; PPG4; PPG7; PPG9; PPG12; PPG13; (consultation draft) PPG13; PPG16; PPG17; PPG23; PPG24.
     
     
   • Town & Country Planning Act 1990; Environmental Protection Act 1990;
     
     
   • Regional Planning Policy: RPG13
     
     
   • Local Planning Policy: Unitary Development Plan for Bolton; Westhoughton Master Plan 1972; Bolton Metro (June 1996) Development Control Policy note 23 et al; (Proposed Bolton Draft Deposit UDP if on deposit prior to Appeal); Unitary Development Plan for Wigan.
     
     
   • Other policies as relevant.
   
   
4. Consultations and Representations
   SWAN will make use of consultation replies and representations.
   
   
5. Relevant Cases
   SWAN will refer to other relevant cases and appeals. In addition SWAN will refer to decisions made by the Council in respect of the afore-mentioned site.
   
   The Transportation Case
   
   
6. Local Road Networks
   Evidence will show that the current infrastructure is not adequate to allow further development, that in fact many roads within catchment area of the proposed development are at or succeed capacity. In addition it will be shown that many roads are not viable for articulated or other commercial vehicles.
   
   
7. Park and Ride Scheme
   It will be shown that this scheme is not viable for a number of reasons.
   
   
8. Local Bus and Train Networks
   It will be shown that these are not currently adequate enough to be relied upon to absorb an increase in commuters to and from the area.
   
   
9. A5225

SWAN will be challenging the assumption that the A5225 will become a reality, and therefore the viability of this proposed road within the scheme.

11. SWAN will be challenging the ability of the Chequerbent junction to be able to cater for the additional traffic generated by the development
    
    The Ecology Case
    
    
12. Further Investigation
13. Evidence will show that the site needs further investigation to ascertain a true picture of the site's ecology. This in turn will allow the full environmental impact of any development within the site to be realised.
    
    Endangered Species
14. Within the site there are species that are rapidly declining and/or are protected or endangered.
    
    
15. Wildlife Corridors
    Details will be given to show that the site is important on its own merits and also in connection to other strategic sites within the region.
    
    The Agenda 21 Case
    
    
16. Sustainability
    Reference will be made to the international policy of Agenda 21, as endorsed by 149 countries at Rio in 1992. It will also be shown that the proposed development is not sustainable.
    
    
17. Bolton's Goals
    SWAN will show that Bolton Metro's Environmental Charter of 1996 is committed to Agenda 21 and sets out to ensure conservation and sustainability is promoted. Also there are pledges to protect areas from pollution.
    
    
18. Usefulness
    SWAN will demonstrate that this area is valuable, to flora and fauna, but also to human populations; on a local, regional and national context.
    
    
19. Prematurity
    SWAN supports Bolton MBC in its case relating to prematurity. And will argue that whilst the development site is listed within the UDP for employment purposes, the adopted UDP is entering its final stage prior to the adoption of a new plan. Coupled to the vast changes in recent years to planning legislation, greater weight should then be placed on forth coming plans, than plans of a great age.
    
    
20. Conflicts of Policy
    SWAN will demonstrate that the proposed development conflicts with National, Regional, European and Local Authority Policies and Guidance.
    
    
21. Archaeology
    SWAN will point to the historic importance of the site, through all periods from early Bronze Age to semi modern times.
    
    
22. Employment and Economic Aspects
    SWAN will set out to demonstrate that there are sufficient premises and sites able to accommodate the type of development proposed within the local and sub regional areas.
    We will challenge the numbers said to be employed both during construction and the operation stages, and the quality of those jobs, coupled to the level of skilled workforce within the area.
    We will seek to show through a sequential approach the need to develop this site for B1, B2 & B8 use. With particular attention being drawn to the B2 & B8 developments.
    
    
23. Environment
    We will seek to show that the proposed development will have an adverse effect upon the human and natural environments. With particular attention being drawn to air quality, noise pollution and pollution of watercourses.
    Attention will be drawn to the closeness of St Thomas's primary school, and the adverse effects this will have upon pupils attending that and other local school.

List of Documents to be referred to

• Planning Applications 54859/99, 53975/98 and associated documentation.
• Plan of Site and surrounding areas.
• Letters of Representation and Consultation Responses.
• Relevant PPG's and RPG.
• UDP for Bolton & Wigan
• Westhoughton Master Plan 1972.
• Bolton Environment Forum, How are we weathering?
• Bolton Metropolitan Council (1996) Development Control Policy Note 23: - The Protection of Urban Open Space.
• The Countryside Agency Public Attitudes to the Countryside January 1998.
• Any other documents that SWAN may consider relevant.