Schedule of Potential Main Modifications
Chapter 4
MM3
Page Number 46, Policy SP01, Paragraphs 4.1-4.21
Modification
Delete policy SP01 and supporting text in paragraphs 4.1 to 4.21.
Reason
To make the plan effective. The policy acts as a statement of intent and should be deleted
(7) MM4
Page Number 50, Policy SP02, Figure 4.2
Modification
Insert a new paragraph before Policy SP02 to read:
Delivering the Spatial Strategy
This chapter sets out two Strategic Policies and a number of supporting cross-cutting development management policies. Strategic Policy MG01 Spatial Strategy is the overarching strategic policy for the Local Plan to achieve the borough's Spatial Strategy and vision. It sets out the quantum and distribution of growth as described in Chapter 3. Strategic Policy MG02 Green Belt is also a key policy that informs the appropriate distribution of growth, given the predominance of Green Belt in the Borough.
Amend policy SP02 to read:
STRATEGIC POLICY SP02 MG01: Spatial Strategy
A. Provision is made for 7,752 new residential dwellings (net) to be built in the borough over the Plan period 2016-2033 at an annual average rate of 310 dwellings per year. to 2022/23, followed by 584 dwellings per year from 2023/24-2033.
B. New development within the borough will be directed towards:
a. the site allocations set out in Chapter 9; and highly accessible locations along transit/growth corridors.
Quantum of Development
A. The Council will work positively and proactively with development industry and wider stakeholders to enable the development of the allocated sites identified on the Policies Map in order to meet the borough’s housing and employment needs and targets. To facilitate a significant increase in the delivery of new homes as well as jobs to promote sustainable communities, provision is made for:
a. 7,752 new residential dwellings (net) to be built in the borough over the Plan period 2016-2033 at an annual average rate of 300 dwellings per year to 2023/24, followed by 400 dwellings per year to 2029/30 and then 984 dwellings per year to 2032/33.
b. 13 permanent pitches to accommodate Gypsy and Traveller accommodation needs, distributed across the borough as set out in Policy HP07.
c. a total of circa 46.64 ha of new employment land, 1,604 square metres (net) of comparison retail floorspace and 4,438 square metres (net) of convenience floorspace, to enable the creation of at least 5,000 additional jobs.
Growth Distribution
B. The majority of new development is directed to the borough’s two strategic transit growth corridors, as illustrated in the Key Diagram, ensuring the benefits resulting from their proximity to existing sustainable transport infrastructure. This strategy has required the release of land from the green belt. The geographic distribution and pattern of growth is planned as follows:
a. Central Brentwood Growth Corridor comprising mainly brownfield infill and urban extensions. Three strategic residential-led, mixed-use sites in this location are allocated;
b. South Brentwood Growth Corridor comprising largely of employment provision, brownfield redevelopment and a new Garden Village settlement. Two strategic residential-led, mixed-use development sites in this location are allocated;
c. Limited growth is planned at suitable sites in two northern villages of Kelvedon Hatch and Blackmore;
d. The housing requirements for designated neighbourhood plan areas in the borough are outlined in the table of Figure 4.2.
Delete Figure 4.2 Demonstrating Housing Provision
Insert new paragraph and figure:
Growth in Designated Neighbourhood Planning Areas
Brentwood currently has three designated neighbourhood plan areas covering parish council areas as outlined on the Council Neighbourhood Planning webpages3. Housing requirements in the designated neighbourhood planning areas are set out in the table in Figure 4.2 below.
| Parish/Designated Neighbourhood Plan Areas | Date of Designation | Housing Requirements | Site Allocations |
| West Horndon CP | Designated November 2014 | 2530 | R01, R02 |
| Ingatestone and Fryerning CP | Designated October 2017 | 57 | R22 |
| Doddinghurst CP | Designated December 2012 | 0 | None |
Figure 4.2: Housing Requirements in Neighbourhood Planning Parish Areas
Reason
To make the Plan positively prepared, consistent with national policy, justified and effective
Now clarifies the role of Policy MG01 and its links with other strategic policies and ensures strategy is clearly set out in policy
Originally set out in Policy HP07
Originally set out in Policy PC02 and Policy PC07
The table is simply a summary of the housing trajectory as set out in appendix 1.
To provide clarity with regards to housing requirements in designated neighbourhood plan areas.
(121) MM5
Page Number 52, New Policy MG03, Figure 2.2, Figure 2.3, Paragraph 2.8 - Paragraph 2.17, Footnote 1 & 2
Modification
Insert a new policy before Policy SP03 to read:
POLICY MG03: SETTLEMENT HIERARCHY
New development proposals which are not the subject of specific allocations in this Plan will be assessed in accordance with the following settlement hierarchy as well as other relevant policies:
Amend figure 2.3 as below, remove it from Chapter 2 and insert it to form part of the new policy MG03 (Settlement Hierarchy).
| Settlement Category | Settlement Name | |
| Settlement Category 1: This incorporates the Appropriate |
Main urban area of Brentwood comprising: Brentwood Shenfield Hutton Pilgrims Hatch Warley Brook Street |
|
|
Settlement Hierarchy 2: |
West Horndon | |
| Ingatestone | ||
| Dunton Hills (when delivered) | ||
| Settlement Hierarchy 3: Villages in a sparse rural setting that provide day-to-day needs for local residents in small local centres. These relatively larger villages also tend to have a primary school. They generally have limited, often shared, community and health facilities, local jobs and a variable bus service. |
Blackmore | |
| Doddinghurst | ||
| Herongate | ||
| Ingrave | ||
| Kelvedon Hatch | ||
| Mountnessing | ||
| Settlement Hierarchy 4: Remote and small rural villages and hamlets, with poor public transport, limited or no shops, jobs and community facilities; some of these settlements rely on nearby settlements for services. Development opportunities are limited, although as with larger villages brownfield redevelopment opportunities will be |
Wyatts Green | |
| Hook End | ||
| Stondon Massey | ||
| Fryerning | ||
| Great Warley | ||
| Little Warley | ||
| South Weald |
Delete paragraphs 2.8 to 2.17 and associated footnotes from Chapter 2 and insert and amend as necessary here in Chapter 4 as set out below.
Insert paragraph 2.8 - 2.10 to support this policy and amend them as below.
To promote sustainable growth in rural areas, the NPPF (2018) paragraph 78 states that housing in rural areas should be located where it will enhance the vitality of rural communities, to ensure villages grow and thrive. To ensure the Local Plan responds to this, Brentwood borough is characterised by a central urban area, and a number of scattered villages north and south of this main urban core. This has given rise to its principal character as a 'Borough of Villages' and the spatial strategy seeks to preserve this historic development pattern and the character of the villages. The main urban area includes the towns of Brentwood, Shenfield, Hutton, Warley, Pilgrims Hatch and Brook Street. Inset villages from the Green Belt include West Horndon, Ingatestone, Mountnessing, Ingrave, Herongate, Blackmore, Doddinghurst, Kelvedon Hatch, Wyatts Green, Hook End and Stondon Massey. Each village is considered a separate settlement each with its distinct settlement characteristics, the boundaries of which are wholly demarcated by the Green Belt. Other smaller more rural dispersed villages and hamlets remain washed over by the Green Belt and include Fryerning, Great Warley and others. New development should seek to enhance historic patterns and settlement characteristics of significance. The settlement boundaries and categories are shown on the Policies Map. Their distribution is also illustrated on the Key Diagram to aid an understanding of how each relates to sustainable growth locations.
The Borough Profile1 provides a general assessment of the different services and facilities across Brentwood's settlements. A This broad Ssettlement Hhierarchy Aassessment has been undertaken to understand the describes the role, function and prominence of each villages within a broad hierarchy. The hierarchy is divided into four categories providing a broad indication of the settlement's ability to accommodate growth and reflects the indicative prominence of each village by its size (indicatively based on population and settlement area), and the range of services each village offers. The Settlement Hierarchy is tabulated and set out in Policy MG03. relationship of Brentwood's dispersed settlements (Figures 2.2 & 2.3). Figure 2.3 sets out the borough's settlement hierarchy categories, to identify their role (constraints and opportunities) for delivering sustainable growth and how their heritage character might inform future change. The vitality of rural communities to ensure villages grow and thrive, in line with paragraph 78 of the NPPF, was a key consideration in defining the spatial strategy and where it was deemed possible, proportionate growth at key northern villages has been identified, as indicated in the Key Diagram.
The settlement hierarchy should not be confused with the retail hierarchy detailed in Chapter 7.
Amend footnote 1 to read:
Office for National Statistics NOMIS Service (2011) Key Statistics KS102EW. Available at: www.nomisweb.co.uk https://www.brentwood.gov.uk/pdf/04022019155948000000.pdf
Insert paragraph 2.11 to 2.12.
Amend paragraph 2.13 to read:
Ingatestone is the borough's largest village; facilities here serve a significant catchment beyond the immediate area. Public transport accessibility is relatively good. The village has a rail station and secondary school. While Ingatestone has relatively good facilities, a modest level of development is envisaged here, due toinfrastructure constraints anda lack of suitable sites.
Insert paragraph 2.14 - 2.17.
Delete figure 2.2 and include settlement boundaries and their category on Policies Map.
Reason
The settlement hierarchy is originally set out in Figure 2.3. Including the hierarchy in the policy will ensure clarity and certainty, thus ensuring the policy is effective
To support the policy, making it clear, effective and justified.
This is originally paragraph 2.8
This is originally paragraph 2.9
This is originally paragraph 2.10
(3) MM6
Page Number 52 - 54, Policy SP03, Paragraph 4.26, Paragraph 4.28 - 4.30
Modification
Amend Policy to read:
STRATEGIC POLICY SP03 POLICY MG04: HEALTH IMPACT ASSESSMENTS (HIA)
A. Delete part A and move to the supporting text
B. Delete part B
C. A. To ensure new Ddevelopment is designed to promote good health, a Health Impact Assessment, will be required for residential proposals that are of 50 or more units (or less than 50 units at the discretion of the planning authority where the number of the units could propose a significant impact on the community and infrastructure) and non-residential developments in excess of 1,000m2, or more, and hot food takeaways that are not within a designated town, district or local centre and are within 400 metres of a school entrance. The Health Impact Assessment will be prepared in accordance with the advice and best practice as published by Public Health England and locally through are required to submit a Health and Well-being Impact Assessment, as required by the EPOA HIA Guidance Note, using the most up to date guidance. The purpose of the Health Impact Assessment is to identify opportunities of positive health impacts and potential negative impacts and how they might be mitigated. which will measure the impact on health and well-being, the demand on capacity of health and social care services and facilities arising from the development.
B. Where significant negative impacts are identified, planning permission will be refused unless infrastructure provision and/or funding to reasonably meet the health and well-being and service requirements of the development are provided and/or secured byplanning obligations, or by CIL, as appropriate reasonable mitigation or planning controls can be secured.
D. Delete part D and move portion of the text to the supporting text.
Amend paragraph 4.26 to read:
Chapter 9 of the National Planning Policy Framework (2018 21) acknowledges that the planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. Local planning authorities (LPAs) are expected to use their planning powers to ensure that health and well-being inequalities are reduced and mitigated where appropriate, to ensure positive social, economic, and environmental benefits are achieved. Brentwood Borough Council is committed to ensuring all new developments promote healthier and inclusive environments. This includes regeneration proposals. The design of the built environments and use of the natural environments play a key role in ensuring that health inequalities are not exacerbated and can support people to live healthier lives. The following issues impact on the physical, social, and mental health and well-being of communities and should be addressed in accordance with policies within this Plan:
a. the location, density and mix of land use;
b. street layout and connectivity;
c. access to public services, employment, local fresh food, education, leisure and recreation activities, and other community services;
d. safety and security;
e. open and green space;
f. affordable and energy efficient housing;
g. air quality and noise;
h. extreme weather events and climate change;
i. community interaction; and
j. transport.
Amend paragraph 4.28 to read:
In response to the government's priorities placed on health and well-being, the Essex Planning Officers Association (EPOA) published a guidance note on Health Impact Assessments (2008) which set out targets for all local authorities to ensure that their Local Development Frameworks (or equivalent development plan documents) contain a policy requiring HIA for relevant planning applications. The EPOA Guidance Notes on HIA is currently being update was update in 2019; once published, Public Health England (PHE) also published further guidance on Health Impact Assessments in spatial planning (September 2020) [6] which provides information on the process for undertaking an HIA and additional resources which may be helpful to applicants required to prepare an HIA as part of their planning application. Developers should refer to the most up to date guidance to ensure that health and well-being impacts have been fully considered as part of the proposal.
Add additional paragraphs following 4.29 to read:
PHE's guidance Using the Planning System to Promote Healthy Weight Environments (February 2020) suggests that limiting the availability of takeaways within walking distance of schools can contribute to tackling the rising levels of obesity and other health impacts such as cardiovascular disease. 400 metres has been considered a reasonable walking distance and is outlined within the Urban Design Compendium 2 and CIHT Guidelines for providing journeys on foot.
PHE's Obesity Profile illustrates that where there are concentrations of hot food takeaways within Brentwood Borough, there is an increase in the number of children who are overweight and obese. The Borough's current obesity rates are approximate 14% which is below the National average of 20%. However, in areas where there is a concentration of hot food takeaways, the average overweight and obesity rates increase to 15-24%, which is higher than the National average.
Each application will be considered on its own merits and the 400m zone must be considered in the context of the local topography and context of the individual application. There are mitigating factors that can be considered, for example the potential for natural or man-made barriers that limit accessibility from schools, even within the 400m direct line exclusion zone.
Add additional paragraph following 4.30 to read:
Developers will be expected to contact the Council at pre-application stage to complete the Healthy Communities Checklist (as part of the validation checklist), to enable joint discussions to take place on the likely health and well-being impacts and environmental impacts of proposals. This is an opportunity to strengthen the process of spatial planning through partnership working, community engagement, evidence sharing and coordination.
Add footnote [6] to include link to document:
Public Health England. Health Impact Assessment in spatial planning. A guide for local authority public health and planning teams (2020). https://assets.publishing.service.gov.uk/government/uploads/
system/uploads/attachment_data/file/929230/HIA_in_Planning_
Guide_Sept2020.pdf
Reason
To remove duplication and confusion and make the policy effective and justified
To ensure that the policy requirements are clear as to what is required from applicants and that these requirements are justified
(10) MM7
Page Number 56-57, Policy SP04, Paragraphs 4.31 - 4.35
Modification
Amend policy to read:
STRATEGIC POLICY SP04 POLICY MG05: DEVELOPER CONTRIBUTIONS
A. All new development should be supported by, and have good access to, all necessary infrastructure. Permission will only be granted if it can be demonstrated that there is sufficient appropriate infrastructure capacity to support the development or that such capacity will be delivered in a timely and, where appropriate, phased manner by the proposal. It must further be demonstrated that such capacity as is required will prove sustainable over time both in physical and financial terms.
B. Where a development proposal requires additional infrastructure capacity, to be deemed acceptable, mitigation measures must be agreed with the local planning authority and the appropriate infrastructure provider. Such measures may include (not exclusively):
a. financial contributions towards new or expanded facilities and the maintenance thereof;
b. on-site provision of new facilities (which may include building works);
c. off-site capacity improvement works; and/or
d. the provision of land.
C. Developers and land owners must work positively with the Council, neighbouring authorities and other infrastructure providers throughout the planning process to ensure that the cumulative impact of development is considered and then mitigated, at the appropriate time, in line with their published policies and guidance.
D. Applicants proposing new development will be expected to make direct provision or contribute towards the delivery of relevant infrastructure as required by the development either alone or cumulatively with other developments, as set out in the Infrastructure Delivery Plan and other policies in this Plan, where such contributions are compliant with national policy and the legal tests. Where necessary, Ddevelopers may will be required to:
a. pay Community Infrastructure Levy (CIL) charges, if applicable, in order to mitigate onsite and off-site impacts of growth, as required by the Council's charging schedules; and
b. a. enter into Section 106 (S106) agreements to make provisions to mitigate the impacts of the development where necessary or appropriate. Section 106 will remain the appropriate mechanism for securing land and works along with financial contributions where a sum for the necessary infrastructure is not secured via CIL; and/or
b. make a proportionate contribution on a retrospective basis towards such infrastructure as may have been forward-funded from other sources where the provision of that infrastructure is necessary to facilitate and/or mitigate the impacts of their development (including the cumulative impacts of planned development),
E. For the purposes of this policy the widest reasonable definition of infrastructure and infrastructure providers will be applied. Exemplar types of infrastructure are provided in the glossary appended to this Plan
F. Where proposals do not meet planning policy requirements or do not propose to deliver required S106 planning obligations, applicants will be required toExceptions to this policy will only be considered if:
a. Proveit is proven that the benefits of the development proceeding without full mitigation outweigh the collective harm;
b. submit a fully transparent open book Financial Viability Assessment to the Council has proven that the full mitigation cannot be afforded, allowing only the minimum level of developer profit and land owner receipt necessary for the development to proceed. The viability assessment may be subject to an independent scrutiny by appointed experts, at the applicant's cost and will be required to be updated upon completion of the development through a planning obligation;
c. prove that a full and thorough investigation has been undertaken to find innovative solutions to issues and all possible steps have been taken to minimise the residual level of unmitigated impacts harm; and
d. enter into planning obligations to are entered into by the developer that provide for appropriate additional mitigation and/or contributions (as the case may be) in the event that viability improves prior to completion of the development.
Amend paragraph 4.31 to read:
The spatial vision and strategic objectives emphasise the importance of managing growth and shaping change sustainably. This puts pPlanning for appropriate and adequate infrastructure is at the heart of sustainable development. In ensuring that the policies of the Local Plan are delivered in a manner that achieves sustainable development. Provision of appropriate and timely strategic infrastructure will be central to the continuing prosperity, attractiveness and sustainability of Brentwood. Plan-led growth provides the opportunity to address infrastructure needs, maximise the efficient use of existing infrastructure capacities and explore opportunities for new sustainable infrastructure.
The Council has prepared an Infrastructure Delivery Plan (IDP) to inform the Local Plan, this sits alongside the Local Plan and identifies the main items of infrastructure needed to mitigate the cumulative impacts of and support planned development; the site allocation policies also identify key pieces of site-specific infrastructure needed to support the development. New development will be expected to deliver or contribute to the necessary infrastructure requirements of the development as identified by the Council’s IDP and site specific requirements, where such contributions are compliant with national policy and the legal tests. Tthe Council will seeks contributions from developers to fund improvements to existing infrastructure and the environment, or where necessary, new infrastructure. Contributions will be made through the Community Infrastructure Levy, which applies a standard charge to developers to fund supporting infrastructure such as transport, schools, community facilities and health facilities, and/or Section 106 agreements which address the provision of affordable housing and more site-specific infrastructure requirements. the necessary infrastructure requirements through the use of planning condition and/or planning obligation and/or financial contributions through Community Infrastructure Levy (CIL) charges in accordance with The Community Infrastructure Regulations 2019.
Amend paragraph 4.32 to read:
The Council wishes to will work collaboratively with relevant infrastructure providers, our partners and developers to facilitate the timely delivery of the infrastructure necessary to support the level of growth required. to meet objectively assessed housing need.
Amend paragraph 4.33 to read:
The Infrastructure Delivery Plan (IDP) IDP Part B: Schedule provides identifies the types of infrastructure required to support the anticipated growth in the borough and includes a summary of the currently identified infrastructure projects and their phasing, costing, delivery mechanism, priority ranking and relevant site allocations.
Amend paragraph 4.34 to read:
The IDP will be required regularly and where necessary updated in consultation with both the internal and external stakeholders such as other service areas and infrastructure providers.
In negotiating planning obligations, the Council will also take into account strategic infrastructure (category 1 items in the IDP). The Council will use planning conditions or legal agreements to facilitate the provision of strategic infrastructure. Where necessary this will involve suitable phasing of development and forward funding of its supporting infrastructure. In addition to developer funding, where necessary, the Council will collaborate with its partners to lobby central Government and funding partners for additional funding sources for strategic infrastructure projects.
Early delivery of certain strategic and necessary infrastructure (category 1 and category 2 items in the IDP) in advance of all contributions having been collected may be required to support the level of growth planned. It will therefore be necessary to obtain funding from alternative sources and to collect developers' contributions retrospectively for these projects. In those instances, the Council and its partners including relevant landowners/developers will consider forward-funding wholly or partly to deliver critical infrastructure items. Therefore, in order to appropriately recover such forward-funding, when planning applications for development which will be enabled by and/or benefit from such infrastructure do come forward, the Council may seek retrospective planning obligation contributions from all relevant development, at the appropriate contribution rate, even if those applications are not made until after the relevant infrastructure has been completed and/or fully or partially funded. Where an item of infrastructure has been forward funded or provided by a relevant landowner/developer, the retrospectively collected planning contributions may be used to reimburse to such landowner/developer. As the final costs of the relevant item of infrastructure may not be known at the time, planning obligations requiring a contribution towards that infrastructure may also, where appropriate, contain a mechanism for review once the relevant item(s) of infrastructure has been fully paid for and constructed so as to secure payment of the appropriate level of contributions to cover the costs of the infrastructure. The CIL Regulations prohibit borrowing against future CIL receipts, so this method of forward-funding only applies to planning obligations.
Applicants should refer to Essex County Council's Developers' Guide to Infrastructure Contributions which sets out ECC's standards for the receipt of relevant infrastructure funding.
The Council will take into account financial viability to ensure that the cumulative impact of planning policy, standards and infrastructure requirements do not render the sites and development identified in the Local Plan unviable and therefore undeliverable.
Amend paragraph 4.35 to read:
This policy must be read in conjunction with Policy NE02 Recreational Disturbance avoidance Mitigation Strategy (RAMS). The Council intends to progress the introduction of the Community Infrastructure Levy (CIL) as soon as possible after the Local Plan Examination. CIL is a charge, used to fund borough wide and local infrastructure projects for the benefit of local communities. The CIL Charging Schedule is subject to independent Examination. CIL is payable upon the granting of planning consent. This enables the Council to raise funds from developers and provide some certainty 'up front' about how much money developers will be expected to contribute.
Reason
To make the policy effective and justified.
Ensures the timely delivery of essential infrastructure and clarity by referring to the Infrastructure Delivery Plan and other relevant policies
MM8
Page Number 58, Policy SP05, Paragraph 4.36 - Paragraph 4.43
Modification
Delete Policy SP05.
Delete paragraphs 4.36 to 4.43.
Reason
To make the Plan effective. SP05 is not enforceable, outside planning matters and covered by other policies
MM9
Page Number 60, Policy SP06, Paragraph 4.44 - Paragraph 4.47
Modification
Delete policy SP06.
Delete paragraphs 4.44 to 4.47.
Reason
To make the Plan effective, Policy SP06 will be deleted from chapter 4, with the key requirements merged with Policy HP13
(17) MM10
Page Number 61, Paragraph 4.50, New Policy MG06
Modification
Amend paragraph 4.50 to read:
4.50 Therefore, we will monitor the implementation of policies and proposals of the Local Plan using key indicators and targets set out in the Monitoring Framework (Appendix 3). The Council are committed to undertaking an early review of the Local Plan to ensure it looks ahead over a minimum 15-year period from adoption. Such a An earlier than five-year review may also be required to address the implications of the national standardised approach to calculating local housing need, when adopted.
Insert new strategic policy after paragraph 4.50 to read:
POLICY MG06: LOCAL PLAN REVIEW
The Council will bring forward a partial review of the Plan with the objective of meeting the full Objectively Assessed Housing Needs. This will commence immediately upon the adoption of this Plan with submission of the review for examination within 28 months. Specific matters to be addressed by the review shall include the following (amongst all other matters that need to be assessed and taken into account for the purposes of plan preparation):
A. an update of Objectively Assessed Housing Needs in accordance with the NPPF 2021 and related guidance;
B. an updated full green belt review and an updated spatial strategy (informed by the green belt review) in turn to inform the sustainable allocation of further sites to meet the full Objectively Assessed Housing Needs as assessed in part A above;
C. the allocation of further sites to meet as a minimum the full Objectively Assessed Housing Needs in accordance with the updated spatial strategy for the full period of the plan review;
D. a review of transport and highway issues to cater for local plan growth throughout the period of the review (in consultation with National Highways and Essex County Council) taking into account:
i. the optimisation of existing, and the introduction of further, sustainable transport measures where appropriate along with the the need to provide improvements to and around:
a. A12 junction 12;
b. M25 Junction 28;
c. M25 junction 29
ii. any additional transport and highways infrastructure that will be needed to meet in full the updated Objectively Assessed Housing Needs and facilitate the further allocations taking into account implemented and committed highway schemes.
Reason
To show the Council's commitment to an early review and to address comments raised at the hearing sessions, thereby making the Plan effective
