

Since 2014 local residents have fought to prevent Faringdon Council from trying to use the Localism Act for an unlawful purpose. The aim of Faringdon Neighbourhood Plan was to help obtain planning consent for a site that the District Council had repeatedly rejected, and that was in conflict with the strategic policies of the Local Plan and with national policies. The Neighbourhood Plan also tried to override Wicklesham Quarry’s planning conditions for Restoration, Aftercare and Afteruse for agriculture- which were a ‘county matter’. SO FAR- we have stopped them! BUT we can't afford to stop now.
You can find the County Council planning application Ref. MW.0151/23 and submit your views online (or upload a document) here: https://myeplanning.oxfordshire.gov.uk/Planning/Comment/MW.0151/23/
Wicklesham Quarry SSSI was rejected in independent Employment Land Reviews (by URS Ltd) in 2008 and 2013, and in the District Council’s Preferred Options Report in 2014. It was rejected again in the 2016 Examination of the 2031 Local Plan. The reasons were clear: (1) it was far bigger than the town needed, (2) it would undermine the town’s strategic employment land delivery, and (3) it was outside the development boundary. It is also one of the UK’s most unique and historically significant Sites of Special Scientific Interest and a Conservation Target Area. The Neighbourhood Plan therefore also failed to have regard to national policies- a further ‘basic condition’.
The current 2031 Local Plan Map shows Wicklesham Quarry as a Site of Special Scientific Interest, (CP 46), and outside the town’s development boundary (CP4) in open countryside. These Local Plan policies, CP4, CP46 and CP20 – Strategy for the Western Vale - were reviewed in 2021 and upheld. That means the Local Plan is more recent than the Neighbourhood Plan- and any CONFLICT MUST BE DETERMINED IN FAVOUR OF THE LOCAL PLAN. For further explanation of the ‘basic conditions’ and National Planning Policy Framework, please read on.
Faringdon Council ignored Neighbourhood Planning Practice Guidance which states:
- (i) ‘A draft neighbourhood plan or Order must be in general conformity with the strategic policies of the development plan in force if it is to meet the basic conditions.’ Para 009
- (ii) ‘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’. Para 065
The High Court ruled in 2017 that Faringdon Neighbourhood Plan FAILED to meet the ‘basic conditions’ and therefore the decision to send it to referendum in 2016 by the Vale of White Horse District Council- could not lawfully be made. Policy 4.5B, the judge stated, was “in manifest conflict” with Local Plan policy preventing urban development outside the town. The ruling states:
“Neither the examiner nor the District Council were lawfully satisfied that the FNP satisfied the basic condition that the making of the plan was in general conformity with the strategic policies contained in the development plan.”
Since the current planning proposal to build on Wicklesham Quarry SSSI relies on Faringdon Neighbourhood Plan, Oxfordshire County Council cannot ignore this conflict, or the High Court ruling, or the fact the Local Plan has already been reviewed and upheld.
BASIC CONDITION (a) – NATIONAL POLICIES
“having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the order (or neighbourhood plan).”
Which national polices are relevant to a neighbourhood plan or Order?
Paragraph 13 of the National Planning Policy Framework states that "the application of the presumption (in favour of sustainable development) has implications for the way communities engage in neighbourhood planning. Neighbourhood plans should support the delivery of strategic policies contained in local plans or spatial development strategies; and should shape and direct development that is outside of these strategic policies."
Paragraph 193 of The National Planning Policy Framework
A SSSI is a nationally designated site. The Neighbourhood Plan Toolkit (Locality) states: A ‘Site that predominantly, or wholly, contains a site of Special Scientific Interest (SSSI)’ should be ruled out as a development site:
‘Given legislative protection, no significant adverse effects could be tolerated. NPPF Para 193 states that 'development on land within or outside a SSSI (which is likely to have an adverse impact on it) should not normally be permitted.’
The allocation of Wicklesham Quarry as employment land (Policy 4.5B) is
- in conflict with national guidance on designated sites as set out in the National Planning Policy Framework Paragraph 193.
- fails to meet ‘basic condition’ (a) that ‘having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the order (or neighbourhood plan).
- fails to meet NPPF Paragraph 13- the definition of 'sustainable development'
BASIC CONDITION (d)- SUSTAINABLE DEVELOPMENT
“the making of the order (or neighbourhood plan) contributes to the achievement of sustainable development.”
The National Planning Policy Framework (Paragraph 11) ‘The presumption in favour of sustainable development’ states:
i. 'the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area (7) ;'
(7) 'The policies referred to are those in this Framework (rather than those in development plans) relating to: habitats, sites (and those sites listed in paragraph 194) and/or designated as Sites of Special Scientific Interest;'
The Neighbourhood Plan allocation of Wicklesham Quarry does not contribute to sustainable development set out in Paragraph 11 of the NPPF, because it is a Site of Special Scientific Interest. The Neighbourhood Plan is in conflict with Paragraph 13 of the NPPF which requires a Neighbourhood Plan to support the delivery of strategic policies contained in local plans in order to meet the criteria of sustainability.
The Neighbourhood plan therefore fails to meet these basic conditions, set out in PPG Para 065:
(a) having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the order (or neighbourhood plan).
(d) the making of the order (or neighbourhood plan) contributes to the achievement of sustainable development.
(e) the making of the order (or neighbourhood plan) is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area).
Please help me to remind Oxfordshire County Council of the 'basic conditions', HOW they are underpinned by the National Planning Policy Framework, and WHY the Local Plan MUST take priority - having been reviewed and upheld in 2021.
TEN YEARS AGO local people came together to PROTECT WICKLESHAM QUARRY FROM DEVELOPMENT. Together we:-
- Ensured (after years of foot-dragging) Wicklesham Quarry was restored, underwent five years aftercare, and has been returned to agricultural use;
- brought a Judicial Review which ruled that (i) the Neighbourhood Plan FAILED to meet the ‘basic conditions’, and (ii) The Vale of White Horse District Council’s decision to send it to referendum was UNLAWFUL;
- Leafleted over two thirds of the town of Faringdon TWICE, to let people know about this development proposal;
- Increased local support for Wicklesham Quarry from about 2,000 in 2023 to almost 5,000!
The campaign to Protect Wicklesham Quarry is supported by FIVE local Parish Councils, TWO national UK Science Bodies- the Geological Society and the Palaeontological Association- and thousands of local people!
The Change.Org Petition was TEN YEARS OLD last month! We should celebrate our continuing success in raising awareness and support for Wicklesham Quarry!
You can find earlier updates by scrolling to the bottom of the main petition.