brentwood.gov.uk

Delivery of proposed development -

Paragraph 162 of the NPPF states that LPAs should work with other authorities and providers to assess the quality and capacity of infrastructure for transport, water supply, wastewater and its treatment, energy (including heat), telecommunications, utilities, waste, health, social care, education, flood risk, and its ability to meet forecast demands. An IDP will need to be prepared to support the BBC Local Plan, and identify infrastructure required. The Local Plan should make clear, for at least the first five years, what infrastructure is required, who is going to fund and provide it, and how it relates to the anticipated rate and phasing of development. For the later stages of the Plan period it might be acceptable for less detail to be provided as the position regarding the provision of infrastructure is likely to be less certain. If it is known that a development is unlikely to come forward until after the Plan period due, for example, to uncertainty over deliverability of key infrastructure, then this should be clearly stated in the Draft Plan. As stated earlier, until appropriate work on infrastructure provision has been undertaken, and ECC has reviewed and confirmed its satisfaction with the work, it is recommended that ECC continues to withhold support for the Draft Plan.

Alongside the provision of infrastructure such as improved roads and public transport and the provision of schools to support and accommodate future growth, ECC would strongly advise that the provision of flood and drainage infrastructure is included within the IDP. This would be to alleviate any existing drainage and flood risk concerns and accommodate and support future development. ECC would also strongly advise the inclusion of details on the costing of such infrastructure.

ECC recommend the inclusion of a specific overarching section 106 and CIL policy to ensure a consistent approach and framework for the delivery of relevant infrastructure from developers. This approach would bring together the individual policy requirements and support the provision of further supplementary planning documents and/or CIL Regulation 123 Charging Schedule.

The new policy should consider covering the following:
* Specify when developers are required to either make direct provision or to contribute towards development for the provision of local and strategic infrastructure required by the development (including land for new schools);
* Requirements for all new development to be supported by, and have good access to all necessary infrastructure;
* Requirement to demonstrate that there is or will be sufficient infrastructure capacity to support and meet all the necessary requirements arising from the proposed implications of a scheme (i.e. not just those on the site or its immediate vicinity) and regardless of whether the proposal is a local plan allocation or a windfall site;
* When conditions and/or planning obligations will be appropriate - as part of a package or combination of infrastructure delivery measures - likely to be required to ensure new developments meets this principle; and
* Consideration of likely timing of infrastructure provision - phased spatially or to ensure provision of infrastructure in a timely manner.

Recommended wording for an 'Infrastructure delivery and impact mitigation' policy is provided below.

Policy X: Infrastructure delivery and impact mitigation

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 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.

Where a development proposal requires additional infrastructure capacity, to be deemed acceptable, mitigation measures must be agreed with the Council and the appropriate infrastructure provider Such measures may include (not exclusively):
* financial contributions towards new or expanded facilities and the maintenance thereof;
* on-site construction of new provision;
* off-site capacity improvement works; and/or
* the provision of land.

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.

The Council will consider introducing a Community Infrastructure Levy (CIL) and will implement such for areas and/or development types where a viable charging schedule would best mitigate the impacts of growth. 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.  
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.

Exceptions to this policy will only be considered where:
* it is proven that the benefit of the development proceeding without full mitigation outweighs the collective harm;
* a fully transparent open book viability assessment has proven that full mitigation cannot be afforded, allowing only for the minimum level of developer profit and land owner receipt necessary for the development to proceed;
* 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; and
* obligations are entered into by the developer that provide for appropriate additional mitigation in the event that viability improves prior to completion of the development.

EPOA is preparing a Viability Protocol by working with development interests to ensure the correct level of development related infrastructure is provided as well as a means to assist the LPAs unlock financial barriers that may hold up the development of housing.

Reference should also be made to the adopted ECC Developers' Guide to Infrastructure Contributions (2016), in relation to the level of contributions required from new development for the provision of essential infrastructure by ECC.

ECC would also recommend that there is a need to ensure that local facilities are in place to coincide with the completions of different phases of development. This will need to be progressed through the IDP to support the pre submission plan.

ECC recommends that BBC should seek to produce a Development Plan Document (DPD) to support the planning policy position for DHGV, and provide clarity of the deliverability of the allocation. This will ensure that the development can be delivered with the appropriate infrastructure and phasing. This is an approach that has been taken by the three North Essex LPA's in their part 1 Local Plans.