The National Planning Policy Framework (NPPF), Planning Practice Guidance (PPG), a 2017 High Court ruling, and the Local Plan ALL make it clear that Faringdon neighbourhood plan Policy 4.5B – on which the applicants rely as their ‘principle of development’, MUST be disregarded. And the Local Plan ADOPTED POLICIES MAP- published in 2019- (detail above) clinches it... READ ON!

Set out below are (1) the planning arguments which form “material considerations” under s38B of the 2004 Planning and Compulsory Purchase Act ; and (2) the CLINCHER: the LAST 'PUBLISHED' DOCUMENT was the LOCAL PLAN ADOPTED POLICIES MAP published in 2019 (shown above). This means that it outweighs any consideration County Council Officers might choose to give to the UNLAWFUL neighbourhood plan. Please read on, and send any queries or points to protectwicklesham@gmail.com. I sincerely hope Wicklesham supporters - after more than TWO TIRESOME YEARS of heroically responding to endless versions of this flawed planning application - will once again respond by 20th October - using EVERY ARGUMENT AT OUR DISPOSAL!! And this time will CLINCH IT for Wicklesham Quarry, I believe!

• “ONLY A DRAFT NEIGHBOURHOOD PLAN OR ORDER THAT MEETS EACH OF A SET OF BASIC CONDITIONS CAN BE PUT TO REFERENDUM AND BE MADE.” PPG 065

1.1 Faringdon neighbourhood plan failed to meet the basic conditions -as numerous objectors stated through every consultation - and the Vale District Council’s decision to ignore our objections and send it to referendum (after the application for Judicial Review had been made) was UNLAWFUL and in conflict with the Guidance of the Secretary of State. This was confirmed by the High Court in 2017 which ruled that Policy 4.5B relating to Wicklesham Quarry was “in manifest conflict” with strategic policy GS2 to prevent development in the countryside (i.e., outside the development boundary). 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”.

In plain English, the District Council and the Examiner were WRONG, and the decision was UNLAWFUL.

• “PARAGRAPH 13 OF THE NATIONAL PLANNING POLICY FRAMEWORK IS CLEAR THAT NEIGHBOURHOOD PLANS SHOULD SUPPORT THE DELIVERY OF STRATEGIC POLICIES CONTAINED IN LOCAL PLANS AND SPATIAL DEVELOPMENT STRATEGIES. QUALIFYING BODIES SHOULD PLAN POSITIVELY TO SUPPORT LOCAL DEVELOPMENT, SHAPING AND DIRECTING DEVELOPMENT IN THEIR AREA THAT IS OUTSIDE THESE STRATEGIC POLICIES.” PPG 070

1.2 This is the NPPF’s definition of ‘sustainable development’ for neighbourhood plans.

Since Policy 4.5B is 'in manifest conflict’ with the strategic policies of the Local Plan - because Wicklesham Quarry is outside the Development Boundary (see map above)  - the neighbourhood plan ALSO fails to meet the 'basic conditions' that:

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).”  (i.e Paragraph 13)

d. “the making of the order (or neighbourhood plan) contributes to the achievement of sustainable development.”  (Paragraph 13, above.)

In plain English, Faringdon Council ignored National Planning Policy on the lawful relationship of a neighbourhood plan to a Local Plan, and the neighbourhood plan therefore does NOT ‘contribute to sustainable development’. (That’s another two demonstrably failed basic conditions, if you’re counting!)

• “PLANNING POLICIES AND DECISIONS SHOULD PROMOTE AN EFFECTIVE USE OF LAND IN MEETING THE NEED FOR HOMES AND OTHER USES, WHILE SAFEGUAREDING AND IMPROVING THE ENVIRONMENT AND ENSURING SAFE AND HEALTHY LIVING CONDITIONS. STRATEGIC POLICIES SHOULD SET OUT A CLEAR STRATEGY FOR ACCOMMODATING OBJECTIVELY ASSESSED NEEDS, IN A WAY THAT MAKES AS MUCH USE AS POSSIBLE OF PREVIOUSLY DEVELOPED OR ‘BROWNFIELD’ LAND.’  NPPF Para 124.

1.3 The District Council is the strategic planning authority (NOT Faringdon- which is a Parish Council). The Local Plan sets out the strategy for meeting ‘objectively assessed needs’, based on independent Employment Land Reviews, as required by the 2004 Act. The District Council rejected using Wicklesham Quarry as employment land in 2008, 2013, 2014 and 2016 (in the examination of the current 2031 Local Plan). And as some objectors have pointed out, there are currently several unsold brownfield sites for sale in the town, and others not yet on the market.

• Faringdon Neighbourhood Plan provides NO evidence of ‘need’ – objectively assessed or otherwise, & cannot be used- in any case - to support a strategic development.
• The applicants have supplied NO evidence of ‘demonstrable need’.

Faringdon Council allocated this site using a neighbourhood plan as a favour to the landowners – NOT because there was any supporting evidence of need. All the concrete 'evidence' pointed in the opposite direction- there was already EXCESS employment land in Faringdon (i.e. the 4&20 site- also owned by Wicklesham Farm's owners).

In plain English, the ‘Basic Conditions Statement' deliberately misrepresented Wicklesham Quarry as ‘previously developed land’, in order to encourage local people to support the neighbourhood plan under false pretences. 

Faringdon Council KNEW Wicklesham Quarry was NOT a brownfield site, and KNEW it had been repeatedly rejected by the District Council. YES, THIS WAS ALL ABOUT MONEY, folks...!

• What approach must be taken where development plan policies conflict with one another?

2.1 All of the points above are relevant “material considerations” against giving any weight to Faringdon neighbourhood plan Policy 4.5B in the planning decision. 

However, Planning Practice Guidance ALSO usefully states:

“Under section 38(5) of the Planning and Compulsory Purchase Act 2004 if a policy contained in a development plan for an area conflicts with another policy in the development plan, the conflict must be resolved in favour of the policy which is contained in the last document to be adopted, approved OR PUBLISHED.” PPG Para 012

The LAST DOCUMENT PUBLISHED OF THE 2031 LOCAL PLAN WAS THE ADOPTED POLICIES MAP, in OCTOBER 2019. (Detail shown above of ‘Western Vale Sub-Area’.)

It was published almost THREE YEARS after Faringdon neighbourhood Plan was adopted in December 2016, and more than TWO YEARS AFTER the 2017 HIGH COURT RULING. 

Even though both the Local Plan and neighbourhood plan were adopted together (at the same meeting) in 2016, the ADOPTED POLICIES MAP 2019, is the decisive factor for decision-making (PPG Para 012). 

On the Adopted Policies Map 2019, Wicklesham Quarry is NOT employment land, and it is NOT ‘safeguarded’ for employment use.

It is clearly shown as a SITE OF SPECIAL SCIENTIFIC INTEREST, and the Core Policies under which it is protected are CP46 and CP4.

NOTE TO SUPPORTERS! This might well be the LAST TIME members of the public can have a say in what happens to Wicklesham Quarry SSSI. PLEASE MAKE IT COUNT! If we lose Wicklesham Quarry it’s GONE forever. This unique, 'scientifically priceless' and mysterious site is a world-famous asset on our own doorstep! Please submit your objections by 20th October either by email to planning@oxfordshire.gov.uk, quoting Application Ref. MW.0151/23, or through the planning portal, where you can upload documents, including the map detail above this update. Remember, all earlier updates can be found by scrolling to the end of the page, for loads of useful information! https://myeplanning.oxfordshire.gov.uk/Planning/Display/MW.0151/23/

LET'S MAKE SURE Oxfordshire County Council hears from as many local people as possible by 20th October! And 'local' means ALL WICKLESHAM SUPPORTERS! THIS IS A GLOBALLY IMPORTANT SITE, AND IT URGENTLY NEEDS YOUR SUPPORT!

For reference:

1) https://www.gov.uk/guidance/determining-a-planning-application

Here is the Western Vale Adopted Policies Map (NB. It is a very large file to download): 2) chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.southandvale.gov.uk/app/uploads/2024/12/ALP05.2-Vale-of-White-Horse-Adopted-Policies-Map-%E2%80%93-Western-Vale-Sub-Area.pdf

Please don't hesitate to get in touch! protectwicklesham@gmail.com