POLICY SP04: DEVELOPER CONTRIBUTIONS

Showing comments and forms 1 to 12 of 12

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 22283

Received: 18/03/2019

Respondent: Essex County Council

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

Attention is drawn to ECC Full Council Motion in October 2014, reaffirmed in July 2017 - Essex County Council will not support Local Plans unless adequate resources are identified from developers, local councils and/or Government grants to ensure sufficient infrastructure is provided in timely manner and in way that balances needs to promote economic growth and provide housing for residents whilst protecting quality of life.

Policy should be amended to clarify and strengthen intent to effectively secure and deliver necessary infrastructure and contributions so ECC's role as infrastructure provider is not jeopardised. In line with NPPF paragraphs 20 & 34.

Change suggested by respondent:

Amend Policy SP04 B. b. as follows -

b. on-site construction of new provision;
c. off-site capacity improvement works;

Amend Policy SP04 F. as follows -

F. Exceptions to this Policy will only be considered whereby:
a.it is proven that the benefits of the development proceeding without full mitigation outweigh the collective harm;
b. a fully transparent open book Viability Assessment 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;
c. 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; and ...'

Full text:

1. Positively prepared
2. Justified
3. Effective
4. Consistent with National Policy

Attention is drawn to the ECC Full Council Motion in October 2014, reaffirmed in July 2017, which states that 'Essex County Council will not support Local (Development) Plans unless adequate resources are identified from developers, local councils and/or Government grants to ensure that sufficient infrastructure, including roads, schools, medical facilities, parking, sewerage and drainage, is provided in a timely manner and in a way that balances the needs to promote economic growth and provide housing for residents whilst protecting their quality of life'.

The Policy should be amended to clarify and strengthen intent in order to effectively secure and deliver the necessary infrastructure and contributions so that ECC's role as an infrastructure provider is not jeopardised. This is in line with paragraphs 20 and 34 of the NPPF.

Support

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 22332

Received: 17/03/2019

Respondent: Anglian Water

Representation Summary:

Anglian Water supports the requirement for infrastructure capacity to be currently or made available to serve new development.

Full text:

Anglian Water supports the requirement for infrastructure capacity to be currently or made available to serve new development.

Support

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 22601

Received: 19/03/2019

Respondent: Essex Police and Fire Service

Agent: Phase 2 Planning and Development Ltd

Representation Summary:

The additional population generated by development within Brentwood's Borough will place an increased demand on the level of policing and fire and rescue services for the area. This representation is therefore concerned with ensuring that policies in the Local Plan are sound in respect of infrastructure planning and mechanisms to secure new infrastructure or contributions towards both services. This submission is a holding response, which the PFCC office wishes to expand upon further during dialogue with Brentwood Borough Council in the remaining stages of its Local Plan preparation.

Full text:

This representation is submitted by Phase 2 Planning Ltd on behalf of the Police, Fire and Crime Commissioner for Essex (PFCC) in response to the consultation on the Pre-Submission Local Plan February 2019. This response represents both the Essex Police and Fire Service as part of their joint emergency services collaboration.

The additional population generated by development within Brentwood's Borough will place an increased demand on the level of policing and fire and rescue services for the area. This representation is therefore concerned with ensuring that policies in the Local Plan are sound in respect of infrastructure planning and mechanisms to secure new infrastructure or contributions towards both services. This submission is a holding response, which the PFCC office wishes to expand upon further during dialogue with Brentwood Borough Council in the remaining stages of its Local Plan preparation.

To maintain current levels of policing, developer contributions towards the provision of capital infrastructure will be required as Essex Police do not have capacity and funding ability to respond to growth caused by additional housing.

In respect of fire services, adequate access for fire fighting vehicles and equipment from the public highway must be available and may require additional works on or off site, particularly in very large developments. Works may also be needed to fulfil the Fire Authority's duty to ensure the provision of an adequate supply of water for firefighting.

Requirements for the provision of fire hydrants affixed to water mains and to carry out other works necessary to ensure adequate supplies of water, in terms of both volume and pressure, may be sought either as planning conditions or possibly through a planning obligation.

In addition, contributions may be sought via a planning obligation towards the provision of a new police and/or fire stations or the extension of an existing station so as to enable the fire authority to meet the nationally prescribed standards of police and fire cover for the area.

The PFCC is seeking to work collaboratively with Brentwood Borough Council to ensure that impacts on the existing Police and Fire operational services and infrastructure and its future requirements is planned for within this Local Plan rather than being dealt with in a reactionary ad-hoc manner through the determination of planning applications. It is essential to have sound policy basis in place for future determination of planning applications.

In light of the foregoing we support the intention of Policy SP04 (Development Contributions), which sets out the Council's strategy to secure new infrastructure or contributions towards new or expanded facilities.

Policy SP04 outlines at point E, (or 5 in the online version), that for the purposes of this policy the widest reasonable definition of infrastructure and infrastructure providers will be applied. This wide definition is supported by the PFCC and consistent with the Governments view of infrastructure as expressed in the Planning Policy Guidance (PPG), which supports a flexible view on the infrastructure types suitable for CIL funding for example.

A wide and flexible interpretation of infrastructure as envisaged by Policy SP04 should therefore extend to include addressing impacts on Essex Police and Fire operational and set up costs associated with its services and not just built infrastructure provision, however for the sake of clarification this should be made explicit within the wording of the policy, its supporting text and supporting glossary definitions.

We would refer the Council to the adoption of Mid Sussex District Council Local Plan and SPDs which plans for Police and Fire infrastructure requirements recognising within its policies and SPDs and makes clear that infrastructure extends to include:
* Staff;
* Premises;
* Vehicles; and
* Other infrastructure.

We would encourage the Council to follow in the footsteps of Mid Sussex District Council and work collaboratively with the PFCC office to ensure a comprehensive approach to infrastructure provision is secured through this Local Plan.

Policy SP04 or its supporting text should also be modified to make clear that further guidance on the application of Policy SP04 will be included within a Supplementary Planning Document, which will set out the likely scope and scale of planning obligations applicable to different types of development and outlines the Council's general approach to securing them.

These changes are required for soundness. We wish to appear at the oral part of the Examination in Public.

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 23167

Received: 19/03/2019

Respondent: Basildon Borough Council

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

The Plan fails to investigate the possible impacts on Basildon's road and rail infrastructure, as a neighbouring authority, arising from commuters or other road users choosing to access facilities within the Basildon Borough instead. The need for new connections into Basildon was not mentioned as being necessary to make it sustainable. Policy SP04 does not explicitly mention that it has accounted for the spatial context of DHGV. It does not state that it will support the possibility of developer contributions being used to mitigate this impact outside Brentwood in higher-order settlements which are closer to but outside Brentwood's own settlements.

Change suggested by respondent:

The Plan should be modified to recognise that some impacts are likely to be cross boundary and additional provisions should be incorporated into SP04 and RO1(I) that will support using S106/CIL arising from development in Brentwood Borough to be used for investment outside the Brentwood Borough, where it can be proven that there is reasonable likelihood of a direct or residual impacts otherwise being caused that need to be mitigated. This will make the Plan more effective, justified and in accordance with national policy.

Full text:

This letter serves as the approved response from Basildon Borough Council to the Brentwood Borough Council's Local Plan Regulation 19 public consultation.
Please be advised that for all of the consultation points below, the Council would like to attend the future oral hearings as part of the Plan's Examination in Public.
As a neighbouring authority, a Duty to Cooperate public body and a key partner in the Association of South Essex Local Authorities (ASELA), Basildon Borough Council has taken the opportunity to review and consider the potential implications for the Basildon Borough that may arise from Brentwood Borough Council's Local Plan and determine whether it considers it to be compliant with necessary legislation and whether it meets the tests of soundness.
1) Is the Brentwood Borough Local Plan 2016-2033 legally compliant?
The Council has reviewed the Brentwood Borough Local Plan 2016-2033 and supporting documents. It considers that whilst it disagrees with aspects of the Plan from a soundness perspective that it is however legally compliant.
2) Does the Brentwood Borough Local Plan 2016-2033 meet the tests of soundness?
The Council does not believe that the Brentwood Borough Local Plan 2016-2033 meets the tests of soundness in all of its policy areas. It therefore makes the following 1 representation in support of an aspect of the Plan and 17 representations where it considers the Local Plan is unsound and requires modifications to make it sound.
Supporting Representations
Consultation Point: Chapter 1
Soundness - Effectiveness & Compliance with National Policy
Paragraph 26 of the National Planning Policy Framework (NPPF) asserts that effective and on-going joint working between strategic policymaking authorities and relevant bodies is integral to the production of a positively prepared and justified strategy. In particular, it considers that joint working should help to determine where additional infrastructure is necessary, and whether development needs that cannot be met wholly within a particular plan area could be met elsewhere. To demonstrate effective and on-going joint working, strategic policy-making authorities should
planning.policy@brentwood.gov.uk
SERVED BY EMAIL ONLY
prepare and maintain one or more Statements of Common Ground, documenting the cross-boundary matters being addressed and progress in cooperating to address these.
A major step forward for effective cooperation has been the Memorandum of Understanding that was signed between Basildon, Brentwood, Castle Point, Essex County, Rochford, Southend-on-Sea and Thurrock Councils to form the ASELA. This has ensured that there is now a more coordinated, collective working on a 'place vision' for the sub region, which recognises one of the key delivery tools will be a statutory Joint Strategic Plan (JSP). A Statement of Common Ground has also been agreed between the ASELA to ensure it is embedded into the Local Development Schemes of all the local planning authorities with resources committed to its preparation during 2019/2021. This will ensure it sets the foundations for planning at a broader spatial level, determining how growth and infrastructure can be better coordinated to positively influence place-making in South Essex and provide a more prosperous area for people to live, work, study and visit. The Statement of Common Ground recognises that the planning landscape of South Essex is not perfect and not all authorities can wait for the JSP to be completed before their Local Plans are advanced. It accepts that the JSP will have to be mindful, in particular of Basildon, Brentwood and Castle Point's and the reality that their Local Plans are already too advanced to be paused.
The Council has noted Brentwood Council's commitment in paragraph 1.13 to work as a member of ASELA on a process to develop a long-term growth ambition that would underpin strategic spatial, infrastructure and economic priorities across the wider sub-region. It is acknowledged that this is in accordance with the South Essex JSP Statement of Common Ground - June 2018; of which Basildon and Brentwood Borough Councils are one of the seven joint signatories.
Work on the JSP is at an early stage with Regulation 18 consultation due to take place during 2019, followed by Regulation 19 in 2020, with examination in public and adoption not expected to be until 2020/2021. It will cover a longer plan period extending to 2038; slightly longer than both the Basildon and Brentwood Local Plans. Paragraph 1.38 of the Brentwood Borough Local Plan references that its own allocations can contribute towards some of the delivery of early growth during the JSP plan-period; a position that is also applicable for the soon to be submitted Basildon Borough Local Plan 2014-2034. It is welcomed that the Brentwood Borough Local Plan has mirrored the intent of the Basildon Borough Local Plan in Paragraphs 1.35-1.38 that following the adoption of the JSP, it may be necessary to review the Plan, at least in part, to ensure any opportunities for additional growth and infrastructure provision in the Borough, that may otherwise be additionally identified in the JSP, can be realised. The Council fundamentally supports this policy approach as meeting the soundness tests of being a) effective and b) in accordance with national policy.
The Council considers this to be compatible to its own position and underpins the collective efforts to get an "effective mechanism" in place to address strategic, cross boundary matters in a more holistic and planned manner that has greater potential to realise positive outcomes to South Essex communities. Looking ahead, the Council embraces the opportunity presented by Brentwood Borough Council being part of the ASELA and the JSP, in order to tackle strategic, cross-boundary matters holistically to ensure sustainable growth solutions are achieved that benefit all communities.
Objecting Representations
Consultation Point: Whole Plan
Soundness - Effectiveness, Justified & Compliance with National Policy
Paragraph 26 of the National Planning Policy Framework (NPPF) asserts that effective and on-going joint working between strategic policymaking authorities and relevant bodies is integral to the production of a positively prepared and justified strategy. The Council, as a neighbouring Borough and Duty to Cooperate body, has reviewed and considered previous versions of the Local Plan and its preparatory documents and submitted relevant representations under Regulation 18 consultations. The Council formally wishes to express its disappointment that given fundamental
evidence has been 'in development', but not published during much of its preparation. It has been significantly difficult, therefore, to digest the Plan's rationale and approach as it has evolved. This includes the entire Green Belt Review, Housing and Economic Land Availability Assessment, Landscape Sensitivity and Capacity Study, Local Plan Viability Assessment and Transport Assessment which were not published until the month before Brentwood Council considered the Publication Local Plan in November 2018. It is accepted that not all evidence can be completed by each consultation stage and much may remain as a continual draft until Regulation 19, however it is considered this has created a lack of transparency during critical plan-making stages and contributed to the scale of representations from Basildon Council for its Regulation 19 response.
During 2017/2018, officers from Basildon, Thurrock and Essex County Councils, facilitated by an officer from Rochford District Council, jointly sought to understand and address with Brentwood Borough Council how the Brentwood Borough Local Plan, in particular the Dunton Hills Garden Village (DHGV) strategic allocation, could impact on neighbouring authority areas, particularly in terms of infrastructure and service provision. Meetings were held, and correspondence exchanged, in an effort to seek solutions and resolutions to previous Regulation 18 objections/ observations from all three Councils. The intention was to appreciate the evidenced rationale for identifying the DHGV strategic allocation and ensuring neighbouring authorities could engage more effectively to identify and manage cross-boundary impacts. Despite this engagement, it is considered that not all information and assurances sought from Brentwood Borough Council have been provided and this brings into question the soundness of the rationale and choices made in the Brentwood Borough Local Plan.
.
As such, all of Basildon Council's previous responses to Regulation 18 consultations are enclosed as supplementary evidence to the Regulation 19 consultation; affirming that many of the comments made in respects this consultation response have been raised previously, but remain unanswered or inadequately addressed. It is uncertain how the Plan has been informed by this previous input. It is considered that this is not a justified approach and has resulted in a Plan which is less effective at tackling strategic, cross-boundary issues.
Consultation Point: SP02: Managing Growth, Paragraphs 4.15-4.16 and Appendix 1
Soundness - Effectiveness, Justified & Compliance with National Policy
It is acknowledged that Brentwood Borough Council commissioned David Couttie Associates (DCA) in 2013 to undertake a Strategic Housing Market Assessment (SHMA) and define its Housing Market Area (HMA). This concluded that Brentwood Borough's administrative area was a self-contained HMA. This is different to the Basildon Borough, which is a sub-area (with Castle Point) of the much larger South Essex HMA, which also incorporates Rochford, Southend on Sea and Thurrock. The Brentwood SHMA, which was most recently updated in November 2018, forms part of the evidence base for identifying the Objectively Assessed Need (OAN) for housing in Brentwood Borough. However, NPPF/2019 (published after the Publication Local Plan was approved by Brentwood Borough Council in November 2018, in February 2019) now requires housing needs to be calculated in accordance with the Standard Methodology set out in national Planning Practice Guidance.
Basildon Borough Council has acknowledged that this has seen the OAN for Brentwood Borough change three times over the course of the last year as follows:
* In January 2018, the Brentwood SHMA January 2018 identified an OAN for Brentwood of 380. This was calculated using the SHMA Planning Practice Guidance that underpinned the NPPF/2012;
* In July 2018, NPPF/2018 was launched introducing the standard methodology for calculating objectively assessed housing need. The standard methodology requires the use of the most recently published household projections as the starting point. At that time, the 2014-based CLG Household Projections formed that starting point resulting in an OAN for Brentwood of 452 homes per annum; and
* In September 2018, 2016-based ONS Household Projections were published, revising the starting point for the standard method calculation. For Brentwood Borough, these projections showed a reduced rate of household growth going forward, resulting in a reduced housing requirement for Brentwood of 350 homes per annum.
It has been noted by Basildon Council that the Brentwood Borough Local Plan uses this latest 2016 projection to define the minimum OAN target.
The reduced rate of household growth in the 2016-based ONS Household Projections was highlighted as a nation-wide issue driving down the OAN calculations in around two-thirds of authorities, although not Basildon. This resulted in the standard methodology only identifying around 215,000 homes per annum supply for England against a national policy target of 300,000 homes per annum. Consequently, in October 2018 MHCLG launched a consultation on technical changes to the standard methodology, seeking for authorities to continue using the 2014-based CLG Household Projections in the interim. On the 19 February 2019, the Government's response to this consultation was published indicating that the Government will be making clear in national Planning Practice Guidance that the 2016-based ONS Household Projections should not be used for the standard methodology calculation, and the 2014-based CLG Household Projections should be used instead.
The Brentwood Local Plan therefore, which makes provision for 456 homes per annum does meet just over its full OAN for housing, having regard to the standard methodology calculation of need based on the 2014 CLG Household Projections (452 homes per annum), as explained in required by Planning Practice Guidance (Paragraph: 004 Reference ID: 2a-004-20190220 and Paragraph: 005 Reference ID: 2a-005-20190220) that has been adjusted following the Government's response to the technical consultation.
The Brentwood Local Plan, however, as drafted and approved by Brentwood Council in November 2018, sets out in Paragraphs 4.15-4.16 that the housing target for Brentwood is set at 350 homes per annum and it proposes an annual housing supply buffer of 20% taking total supply of 456 homes per annum. This was considered at the time as offering additional flexibility throughout the plan period. This is now not the case as the 2016-based ONS Household Projections must be discounted, as above, with the baseline reverting to the 2014-based projections. This results in a Plan which will now have an insignificant flexibility in its land supply; a component which was considered justified and fundamental to the Plan's strategy when it was approved in November 2018.
When this new position is viewed alongside the variable housing target, it is considered this could cause the plan to be less effective and justified. The initial housing target of 310 homes per annum between 2016 and 2023, should, according to the Plan, increase to 584 homes per annum beyond 2023. It is noted that this increase is substantially reliant on the new Dunton Hills Garden Village (DHGV) in the Southern Brentwood Growth Corridor, which according to the Housing Trajectory set out in Appendix 1 is expected to commence housing delivery in 2023/24, within the first five years of the Plan. That scheme is expected to deliver at the initial ambitious rate of 100 homes per annum upwards from thereon, reaching 300 homes per annum by 2026. These are considered to be overly optimistic delivery assumptions for such a large scale Green Belt allocation, which whilst mostly in a single land ownership that could facilitate delivery, still requires for the boundaries of the Green Belt to be amended on adoption of the Plan (assuming it is found lawful and sound), detailed masterplanning, essential infrastructure programming on-site and off-site to ensure sustainable development can be achieved. It is not clear from any published evidence how such a delivery rate has been formulated having acknowledged these issues and therefore this is challenged in terms that it is not justified.
Summary: As a result in the change to the NPPF, the Plan also now has very little flexibility within its land supply should anything happen to cause delivery of homes to become delayed during the plan period; which was a fundamental principle to the Plan's strategy approved in November 2018. There is an unjustified over-reliance on DHGV in the Southern Brentwood Growth Corridor to
contribute towards supply at an accelerated rate. The Council therefore objects to Policy SP02, 4.15-4.16 and Appendix 1
Modification: 1) The Local Plan must be adjusted to incorporate previously discounted development sites, particularly in the Central Brentwood Growth Corridor to restore the flexibility in site supply across a broader range of spatial locations, thereby improving the Plan's effectiveness and deliverability. 2) The methodology to the Local Plan's Housing Trajectory needs to be published and open for comment and challenge of its assumptions.
Consultation Point: PC02 and PC03
Soundness - Effectiveness, Justified & Compliance with National Policy
Paragraph 80 of the NPPF establishes that planning policies should help create the conditions in which businesses can invest, expand and adapt. The Council notes the new employment land requirements and job growth needs evidence undertaken by Lichfields in 2018. It is considered the amount of new employment land being provided is broadly sufficient to ensure that the Brentwood Borough meets its overall forecast employment land needs, including forecast new needs and losses from allocations and structural change.
It is considered however that the policy makes the assumption that there are no capacity issues for existing infrastructure, or any needs for supporting infrastructure to be provided and it is considered that this lack of clarity will make the policy ineffective, unjustified and will counteract creating conditions to support business growth which the NPPF seeks. As the Local Plan does with its housing target in Policy SP02 and Appendix 1, PC02 and PC03 should therefore incorporate additional provisions to manage the release and expansion of the locations within the Southern Brentwood Growth Corridor, supported by an Employment Land Trajectory in a new Appendix, to make it more effective, justified and consistent with national policy. The Council therefore objects to Policy PC02 and PC03.
Modifications: PC02 and PC03 should be amended to incorporate a staggered delivery target for new employment land, supported by a new Employment Land Trajectory within the Plan's Appendices, to coordinate the phased release of new and expanded employment land to ensure it can be linked to specific and necessary upgrades to supporting infrastructure. This will minimise the impact growth will have on existing highway routes in particular, which could otherwise impact on cross-boundary issues within the wider South Essex economic corridor.
Specialist Accommodation
Consultation Point: HP07
Soundness - Effectiveness
The Council has noted that the Brentwood Gypsy and Traveller Local Needs Accommodation Assessment 2018 (GTAA) assessed the need for Gypsy and Traveller pitches in Brentwood Borough for the period 2016 to 2033 as being 13 pitches. It acknowledges that there were no Travelling Showpeople identified as living in the Brentwood Borough, so there are no current or future accommodation needs for this community.
The evidence is noted as identifying a requirement of 11 additional Gypsy and Traveller pitches (5 total current need and 6 total future need) to be developed between the period 2016 to 2033 and makes a further 10% allowance for Gypsy and Traveller households whose travelling status was recorded as being "unknown", increasing the need to 12 pitches. It is acknowledged that since the completion of the evidence, one Gypsy and Traveller pitch has been lost through an approved change of use application and to replace this lost pitch, the Plan has added an additional pitch to its target, meaning the total requirement of Gypsy and Traveller pitches is 13 pitches.
Whilst it is noted that Brentwood Council proposes to meet this need through the incorporation of
a minimum 5 Gypsy and Traveller pitches as part of the Dunton Hills Garden Village allocation and through the regularisation of 8 existing pitches elsewhere in the Brentwood Borough. This however implies that 8 pitches will contribute towards meeting current need and only 5 pitches towards future need, when 6 are in fact required. The Council therefore objects to Policy HP07.
Modification: The GTAA identified the need for an additional pitch to meet future needs and therefore whilst the Policy HP07 quotes a minimum of 5 new pitches to be provided within its minimum target, the Plan could be more effective by setting 6 pitches as the target.
Consultation Point: Paragraphs 6.52-6.62
Soundness - Positively Prepared & Effectiveness.
The Council is concerned that there is no acknowledgement in the supporting text to the Brentwood Local Plan as to how it will address any unmet needs arising from Greater Essex authorities for the provision of accommodation for Gypsies, Travellers & Travelling Showpeople should it arise. The Plan should therefore recognise and support the principle of this approach going forward, to ensure that there will be a technical approach in place to support any neighbouring authorities with any potential unmet Gypsy, Traveller and Travelling Showpeople need. This will ensure that the same process is applied throughout Essex therefore making the plan more positively prepared and effective for Gypsy, Traveller and Travelling Showpeople communities. The Council therefore objects to Paragraphs 6.52-6.62.
Modification: The Essex Planning Officers' Association Protocol for Unmet Gypsy, Traveller and Travelling Showpeople Needs 2018 has been developed collaboratively across Essex under the Duty to Cooperate, including with Brentwood Borough Council. It should be referenced in the supporting text to Policy HP07 - within Paragraphs 6.52-6.62. This will help ensure that the Plan recognises and supports the principle of this approach going forward, underling the technical approach in place to support how any requests from neighbouring authorities with any potential unmet Gypsy, Traveller and Travelling will be considered in the future and then addressed as necessary through the Plan review process.
Consultation Point: Paragraphs 6.52-6.62
Soundness - Effectiveness and consistent with national policy.
Paragraph 9 of the Planning Policy for Traveller Sites (PPTS) establishes that "...local planning authorities should set pitch targets...which address the likely permanent and transit site accommodation needs of travellers in their area, working collaboratively with neighbouring local planning authorities." There is also no mention however in the Brentwood Local Plan of the strategic and cross-boundary matter of Transit Sites, for which there is a study underway during 2019/2020 by the Essex Planning Officers' Association on behalf of all Greater Essex local planning authorities, including Brentwood Borough. Whilst it has not yet been possible to robustly assess the need for transit sites in Essex due to data inconsistencies across Greater Essex, changes have been made to the unauthorised encampment data collection process and an update to Essex Gypsy, Traveller and Travelling Showpeople Local Needs Accommodation Assessment will follow during 2019/2020 to determine whether any transit sites are needed in Greater Essex to help manage development pressures.
Whilst this cannot be included within Policy HE07 due to uncertainty, given that it is a current strategic matter for the Duty to Cooperate, with work in train to seek a resolution, it is considered more effective, for the Plan as a whole, to indicate how any such needs identified in future updates to the GTAA will be dealt with to make it more effective and consistent with the PPTS. The Council therefore objects to Paragraphs 6.52-6.62.
Modification: The Council considers the Local Plan would be more effective and more consistent with the PPTS if the strategic, cross-boundary issue of transit sites, covered by the Duty to
Cooperate were to be supported by a new paragraph explaining the context behind the issue and that it will be addressed as part of its first review.
Consultation Point: PC08 and Figure 7.7
Soundness - Justified & Effective
The Council notes that Nathaniel Litchfield & Partners prepared a Retail and Commercial Leisure Study (RCLS14) for Brentwood Council in 2014. The study identifies that Brentwood Town Centre as the main shopping centre in Brentwood Borough, with Shenfield, Ingatestone and Warley Hill providing smaller scale District Centres offering more local services, whilst smaller communities are supported by a number of village shops/local parades. The relationship between Brentwood Town Centre and larger competing centres including Basildon Town Centre is also noted, which is consistent with the Council's own evidence set out in the South Essex Retail Study 2017.
It is also acknowledged however that the Local Plan's settlement hierarchy proposes that DHGV Village and West Horndon will incorporate District Centres, similar in scale and role to Shenfield and Ingatestone. Figure 7.7 suggests this will apply to just DHGV, but caveats that this may change as a result of masterplanning or new evidence. Whilst the Council accepts that some form of local centre provision that could provide local shopping, community facilities and healthcare facilities would be a sustainable approach to the planning of any new community, helping to reduce the need to travel to larger centres to meet community needs, the positioning of the Garden Village needs to consider how it could impact on other centres and facilities in the locality, including those outside the Brentwood Borough, which may be closer and higher-order than other Brentwood Borough alternatives.
The Council cannot determine from any of Brentwood's published evidence as to what assessments have been carried out to determine the likely impact of installing new District Centres in West Hordon or DHGV on Basildon Borough's Laindon Town Centre. Assuming a central location within the site, DHGV District Centre would be around 2km to its west and West Hordon is only one stop by rail. Laindon Town Centre is the Basildon Borough's smallest town centre, which is currently undergoing a multi-million pound regeneration by Swan Housing Association to redevelop it into a new mixed use commercial and residential development called Laindon Place. It already provides a health centre, community centre, police station and library, which are all set to remain.
It is not considered acceptable as set out in footnote 10 to Figure 7.7 that the "the designation of the DHGV service centre(s) as a District Shopping Centre and/or Local Centre(s) and any subsequent Primary Shopping Area could be altered further by the South Brentwood Masterplan as this should remain a function of policy and not be delegated. The Council therefore objects to Policy PC08 and Figure 7.7.
Modification: Footnote 10 of Figure 7.7 should be amended to remove reference to the South Brentwood Masterplan as the role and order of the designated centre should be established by policy only. The Plan should have been informed by evidence which has tested cross-boundary impacts of installing new District Centres in close proximity to nearby centres including Laindon Town Centre and what measures will be taken in policy to limit any impact. If this evidence does not exist, the District Centre should be removed from DHGV, retaining some local centre provision to ensure DHGV can be sustainable and to enable the Plan to be effective and justified.
Consultation Point: Chapter 3, Chapter 6, Chapter 7 and Sustainability Appraisal
Soundness - Justified and consistent with national policy.
Paragraph 16 of the NPPF advises amongst other things that Plans should be prepared with the objective of contributing to the achievement of sustainable development. The Local Plan's Spatial Strategy is termed "Transit-orientated Growth", concentrating growth in the Local Plan in two transit corridors running through the borough. The 'Central Brentwood Growth Corridor', with the
A12, the Great Eastern Main Line to London Liverpool Street Station, and the Elizabeth Line; and the 'Southern Brentwood Growth Corridor', with the A127 and the London, Tilbury and Southend Railway to London Fenchurch Street Station.
The Local Plan states that the site selection process for the housing allocations has been based upon the Spatial Strategy, and a sequential approach to selecting sites for development. It is accepted that this approach is intended to maximise brownfield redevelopment opportunities and support growth within compatible locations.
The Council acknowledges that Brentwood Borough Council has now published much of its previously missing evidence as set out in previous Regulation 18 representations. The Council is not satisfied that the Plan has been adequately informed by its evidence, and it questions whether the Spatial Strategy reached is therefore justified and consistent with national policy.
The Council has noted the two Growth Corridors. It has reflected however that there are fundamental distinctions between them, which do not appear to have influenced site selection choices in a justified way. The Central Brentwood Growth Corridor is the location of nationally and regionally managed and maintained infrastructure - the A12 & M25 (Highways England) and Elizabeth Line (maintained by Network Rail and operated by Transport for London) and East Anglia Line (maintained by Network Rail and operated by Abellio East Anglia), which helps to put this investment into use through the growth locations. The South Brentwood Growth Corridor, whilst at its far west includes the M25, the remainder of the corridor consists the A127 (maintained by Essex County Council) and Essex Thameside Line (maintained by Network Rail and operated by c2c). It is not considered they offer comparable choices in terms of the capacity of these transport connections and the Central Brentwood Growth Corridor, by the presence of nationally and regionally maintained infrastructure.
In reviewing the appropriateness of the Spatial Strategy, an important element of the Plan's Sustainability Appraisal involves appraising 'reasonable alternatives' to inform development of the Plan. Four reasonable site alternatives in the Central Brentwood Corridor have been disregarded (AECOM Sustainability Apprial - Table 5.2), despite having few constraints and being able to tap into the potential for movement capacity offered by this superior corridor. This is considered to be in conflict with sustainable development when sites which have significant constraints to development or delivery have been included within the Plan, at the expense of sites which have fewer constraints. This raises fundamental concerns about the Plan's spatial distribution of growth and whether it has made the most of the capacity in this alternative corridor, before embarking on a new standalone settlement at DHGV in the Southern Brentwood Growth Corridor. The Council has noted that four sites on Table 5.2 of the Sustainability Appraisal have the potential to deliver 2,200 homes through extensions to villages, thereby questioning the need for a new settlement of the scale envisaged to deal with growth in the plan-period, which it considers means the Spatial Strategy is unjustified. The Council therefore objects to Chapter 3, the Sustainability Appraisal and land use allocations in Chapter 6 and 7.
Modification: Using the Sustainability Appraisal and other evidence, the Plan should select sites within the Central Brentwood Growth Corridor that provide opportunity for extensions to towns and villages that can encourage more sustainable travel choices and take advantage of the superior infrastructure available. This should help encourage commuting behaviour to shift away from private car use and therefore make this location a more sustainable and viable option to concentrate growth. Chapter 3 should be modified as a result along with all land use allocations in Chapter 6 and Chapter 7.
Consultation Point: Sustainability Appraisal
Soundness - Justified and consistent with national policy.
Paragraph 16 of the NPPF advises amongst other things that Plans should be prepared with the objective of contribution to the achievement of sustainable development. The Council challenges whether the Sustainability Appraisal has informed the choices made in the Spatial Strategy as
required by national policy, given it states that there was an early intention by Brentwood Council to deliver at least one new large-scale strategic site, which could be judged as artificially limiting the exploration of other plausible and deliverable urban/ village extensions. It is considered that Brentwood Council's lack of a Housing and Economic Land Availability Assessment (HELAA) between 2011 and 2018 has negatively impacted upon previous Regulation 18 drafts, which could have evolved differently having been informed by such evidence, demonstrating that other suitable, available and deliverable site options were present. This is unjustified, not consistent with the Plan's Strategic Objective SO1 and not in accordance with the NPPF. The Council therefore objects to the Sustainability Appraisal.
Modification: The Sustainability Appraisal should be reviewed to test an alternative strategy which does not include the artificial assumption that at least one new large scale strategic site should be incorporated into the Local Plan and then it should be amended accordingly. The Plan should then be reviewed informed by the outcome.
Consultation Point: BE11 and Paragraphs 5.106
The Council has reviewed the Brentwood Borough Infrastructure Delivery Plan (IDP) accompanying the Local Plan. It is acknowledged that this is intended to be a 'live' working document, much the same as the Basildon Borough IDP.
Paragraph 5.105 acknowledges that in respects of the South Brentwood Growth Corridor "...the provision of sustainable transport in this area is poor". The Council considers that it is surprising therefore that there are no specific highway mitigation measures provided in the Plan, just a statement that "the Council will work proactively with developers, key stakeholder and service providers to implement...new measures which would seek to mitigate transport impacts of sites on the highway infrastructure...". Whilst it is acknowledged within the Plan of the joint working being undertaken by ASELA, and the A127 Task Force for the Route Management Strategies and Joint Strategic Plan, both of which are supported by Basildon Council. The Council does however consider that highway modelling should have been tested to determine impact in development locations in Brentwood Borough, so it can be clear in policy terms how negative impacts are being mitigated and therefore prove that the Plan's spatial choices are reasonable in sustainability terms. It is questionable whether it can be adequately demonstrated by the Brentwood Local Plan that the allocations chosen, represent the most sustainable option without identifying and testing the viability of specific highway mitigation measures that will be necessary to make them deliverable and sustainable. Without this work, Brentwood Borough could find its ability to unlock the capacity to deliver new communities and homes, particularly at an accelerated pace as suggested in Appendix 1, becomes hindered by a lack of infrastructure capacity and outline solutions to overcome them. It is not considered that Policy BE11 is therefore effective at delivering the Plan's Strategic Objectives.
It is noted that Paragraph 5.106-5.107 acknowledges the Lower Thames Crossing and the outline concept of its preferred route and that it is not expected to have a direct impact on Brentwood Borough in terms of land safeguarding. It is however suggested that the Plan also acknowledges that following the engagement of authorities in Essex, including Basildon Borough Council, Highways England has accepted that its impact modelling was deficient in determining how driver behaviour in South Essex and further afield could alter when the scheme opens. This is particularly an issue for this Plan, as its includes land allocations in West Horndon and the DHGV along the A127 corridor, which will be within a reasonable proximity to the Lower Thames Crossing and could therefore be impacted by it. It should be recognised that Highways England are now taking steps to incorporate growth proposals set out in Local Plans in the vicinity to address this point and identify any measures needed to the scheme or nearby routes to mitigate any adverse impacts. The Council therefore objects to Policy BE11 and Paragraphs 5.106.
Modification: 1) BE11 and the land allocations should have been informed by highway modelling that tests highway mitigation solutions to mitigate impact caused by development. This work should be repeated and the Plan amended in light of its findings.
2) Paragraph 5.106 should be amended to include reference that local authorities have secured additional testing within the Lower Thames Crossing modelling being undertaken by Highways England to determine the extent of local impacts on the road network arising from Local Plan growth.
Consultation Point: R01 & HP01
Soundness - Justified
The DHGV is within close proximity of the administrative boundaries with Basildon & Thurrock Boroughs and it is considered that there may be implications for the future geographical extent of both the Brentwood and South Essex Housing Market Areas as the housing markets evolve.
Furthermore, the policy requirements of the Plan are informed by data collected from Brentwood Borough, or its population; the significant majority of which is located away from this area to the north. Consequently, there is a difference in what might be delivered in DHGV compared to what could be delivered just slightly to the east in Basildon Borough; which might distort the housing markets as they adjust to the new development taking place around the boundary. The following table has been prepared using Figure 6.1 from the Plan and the South Essex Strategic Housing Market Assessment that has informed the Basildon Borough Local Plan 2014-2034 and it is considered both these SHMA's should instead be used to inform the housing mix policy for DHGV. The Council therefore objects to Policy R01 and HP01.
Modification: It is considered the stark contrast between the house size requirements for Basildon and Brentwood in DHGV, which is on a boundary location, means it needs to have taken into account the South Essex SHMA in determining the housing mix for DHGV so that it can better sit within the landscape of the strategic context of South Essex, which is not reflective of the wider Brentwood Borough HMA. Policy HP01 and R01 should be amended in light of this.
Consultation Point: R01(D)(h)
Soundness - Justified and consistent with national policy.
The Council has noted that Policy R01(D)(h) has set a target to retain 50% of the strategic allocation for green and blue infrastructure. Given the location is over 259ha, it is agreed that this helps enshrine the Garden Community values within the policies which will guide the masterplan and the site's development. However, the Council questions whether this is intended to be a permanent resource, given it also determines that a further 2,300 homes could be brought forward in the strategic location after 2033; taking its indicative total to around 4,000 homes. It is considered that if it is not explained clearly in any published evidence, as to whether any of the retained space for green and blue infrastructure would need to be used to meet this higher development scale after 2033. The Council's understanding of this, is frustrated by a lack of published evidence on DHGV, which would enable Basildon Borough to effectively understand the nature, extent and potential implications (positive or negative) of its proposals for DHGV. This would make the policy more justified and compliant with national policy. The Council therefore objects to Policy R01(D)(h).
Modification: Clarify within R01 and its supporting text whether the Green Infrastructure proposed to amount to 50% of the land area is a permanent resource or whether the projected growth in the area beyond the plan-period would need to utilise any of the green infrastructure for growth. If the latter, the percentage should be adjusted accordingly.
Consultation Point: SP02, R01 and Paragraph 8.83-8.84
Soundness - Justified
The Council welcomes the publication of the Brentwood Borough Green Belt Study 2018. It is acknowledged that this comprises two parts; Part 1 is a full Green Belt assessment parcelling up the Green Belt and Part 2 as a separate site assessment of individual sites promoted through the Housing and Economic Land Availability Assessment (HELAA). This is a similar format to the Basildon Borough Green Belt Study.
For Part 1, a scale of high - low was used to assess the contribution 70 separate parcels made to the Green Belt. The DHGV parcel (17) score "Moderate - High". It was one of 21 parcels to score "Moderate - High". 19 parcels scored "High". The remainder scored lower.
In respect of the tests, Parcel 17 was assessed as follows:
* Purpose 1 - to check unrestricted sprawl of large built up areas: Not contained i.e. development would constitute urban sprawl (red)
* Purpose 2 - to prevent neighbouring towns merging into one another: Important
countryside gap between settlements (amber)
Purpose 3 - to assist in safeguarding the countryside from encroachment: Functional countryside (red)
Purpose 4 - to preserve the setting and special character of historic towns: Limited relationship with a historic town. (green)
The Council does not consider it to be clear however, from the published methodology, as to why having scored highly in relation to the Purpose 1 and Purpose 3, as to why this parcel is assessed as making a "moderate to high" contribution to Green Belt purposes, when there are other parcels which make high contributions towards two of the purposes have been assessed as making a "high" contribution towards Green Belt purposes; and are therefore valued to a greater degree as serving towards the purpose of Green Belt.
In respects of Part 2 assessment, the DHGV allocation (Site 200) was assessed alongside other HELAA sites. A total of 92 sites were assessed. The DHGV site assessment matches the entire Parcel 17 assessed in Part 1. Five sites were assessed as making a "high" contribution towards Green Belt purposes. A further 18 sites were assessed as making a "moderate to high contribution". Site 200 - 'Entire land east of A128, south of A127' was assessed as making a "moderate to high" contribution. The remaining 69 sites were assessed as making a less significant contribution to Green Belt purposes.
The DHGV site was assessed as follows:
* Purpose 1 - to check unrestricted sprawl of large built up areas: Not contained i.e. development would constitute urban sprawl (red)
* Purpose 2 - to prevent neighbouring towns merging into one another: Would result in significant separation reduction (amber)
* Purpose 3 - to assist in safeguarding the countryside from encroachment: Functional countryside (red)
* Purpose 4 - to preserve the setting and special character of historic towns: Limited relationship with historic town (green)
The outcomes of Part 2 are considered to be consistent with Part 1. However, it is not clear from the methodology as to why given the site scored highly in relation to Purpose 1 and Purpose 3,
this parcel is then assessed as only making a "moderate to high" contribution to Green Belt purposes, when it could potentially have been assessed as making a "high" contribution for those reasons.
The Council recognise that there is now, no longer an issue with missing evidence in this regard, which it had repeatedly raised in previous Regulation 18 consultation responses. However, the Council considers that the issue now is one of how the Green Belt evidence has informed the Plan. It is not clear how the policy judgements arrived at have considered that development in this strategic gap, which helps prevent settlement coalescence can be adequately mitigated. The Council does not believe that when accounting for this evidence that the Plan has reached a justified position in respects of whether the Green Belt evidence has informed the Local Plan policies, to the degree which the proposals in the DHGV area are set out. The Council therefore objects to Policy SP02, R01 and Paragraphs 8.83-8.84.
Modification: The Plan should demonstrate in more detail, through a tool such as a Topic Paper, how its site selection choices have been informed by the Green Belt Study 2018 and should any inconsistencies occurs the Plan's land use allocations and justification should be changed.
Consultation Point: Paragraph 9.36 and R01(II)
Soundness - Justified & Effective
Brentwood Council will be aware from joint Duty to Cooperate meetings with elected members and officers that during 2017, efforts were made by both Basildon and Brentwood Councils to determine whether a West Basildon urban extension could be delivered in the Basildon Borough Local Plan, alongside DHGV, whilst maintaining a sense of visual separation between both developments. To this end, a joint Dunton Area Landscape Corridor Design Options Study was commissioned by both Councils, which I have enclosed as evidence against this representation, to consider how both Council's Green Belt and land management policies, either side of the boundary, could be coordinated in this location going forward. This was to also help determine whether it was possible for DHGV to co-exist with development in West Basildon without causing harm to heritage and environmental assets within Basildon Borough.
The Council has noted that the Plan does now includes specific references that the joint borough boundary needs a degree of landscape and Green Belt treatment to maintain a visual separation with the edge of Basildon Borough, but it does not elaborate as to how this will be achieved. The Council therefore finds its disappointing that this joint study does not form part of the referenced and published evidence base for the Plan, nor do the outcomes from this work appear to have informed Policy R01(II) as sought through the earlier Duty to Cooperate engagement. The Council therefore objects to Policy R01(II) and Paragraph 9.36.
Modification: The measures set out in the Joint Dunton Area Landscape Corridor Design Options 2017 should be acknowledged in Paragraph 9.36 and incorporated into Policy 9.36 to make it more justified and effective at mitigating the impact the development would otherwise have on the Basildon Borough. This would lead to an effective policy outcome identified as being necessary during Duty to Cooperate engagement to manage this cross-boundary issue. It is considered that as a matter of principle, this would help address the Council's previous Regulation 18 objections as to how the boundary would be treated and how the new community could exist side by side the existing smaller settlement of Dunton Wayletts in the Basildon Borough.
Consultation Point: SP04 and R01(I)
Soundness - Effectiveness, Justified & Compliance with National Policy
It is noted that the Plan assumes that all commuters will use West Horndon railway station and other areas in Brentwood Borough to access a means of travelling to other places. It fails however to investigate the possible impacts on Basildon Borough's road and rail infrastructure, as a
neighbouring authority, arising from commuters or other road users choosing to access facilities within the Basildon Borough instead.
The Transport Assessment (PBA, 2018) discusses measures to ensure more effective bus access to and from West Horndon Station - serving an area including the new DHGV, as well as other employment sites within South Brentwood Growth Corridor. It is noted however that the need for new connections into Basildon Borough in terms of walking, cycling, public transport or road do not appear to be mentioned as being necessary to make it sustainable.
The Brentwood Borough IDP states that a new multi-modal interchange will be created at West Horndon Station. This will serve the DHGV, Childerditch, West Horndon and Enterprise Development sites. It also mentions the possibility that this could serve any future northern Thurrock developments. The Plan states that, the proposed DHGV settlement's transport mitigation measures will include potential dedicated bus route(s) connecting the development with West Horndon station and improvements at West Horndon station for vehicular, segregated cycle and public transport access from surrounding developments, as well as cycle storage and a bus interchange facility. The Council is therefore confused that in seeking to mitigate DHGV's impacts on the surrounding areas there is no mention of any impact being evaluated as spilling over into Basildon Borough and needing its own mitigation.
Laindon railway station, with three platforms and starter trains has greater commutable capacity than West Horndon and could become an alternative choice for residents within DHGV, despite a lack of new connections hampering their ability to make that choice easily without driving, via the A127. Whilst the Plan seeks to make provision for a new interchange at West Horndon to capture these movements more locally, should commuters still seek to use alternative stations including those outside of the Brentwood Borough such as Laindon, this will lead to increase demands on those stations' facilities, particularly parking, as well as the routes to get to them. Policy SP04 does set out the approach required by Paragraph 34 of the NPPF, but it does not explicitly mention that it has accounted for the spatial context of DHGV and the existing spatial form of the Brentwood Borough, where its higher-order settlements are further to the north. It does not state that it will support the possibility of developer contributions being used to mitigate this impact outside the Brentwood Borough in higher-order settlements which are closer that Brentwood Borough's own settlements, but outside the Brentwood Borough. This is considered to disregard how new residents living in the DHGV could behave in the future in seeking to access services and how this impact will therefore be adequately mitigated.
It seems that it an effort for the new DHGV to be self-sustaining, as set out in Paragraph 9.14, it has meant the Plan remains unclear, as to how it will relate to its neighbouring areas, particularly in terms of access and connectivity. This is considered a core sustainability principle for new developments and whether in exercising that choice, its residents will use what is to be provided within Brentwood Borough remains to be seen. They could use alternative routes (namely the A127 and West Mayne into Laindon) to access different facilities already available in closer higher order settlements outside Brentwood Borough. Considering that there are existing services that are already shared between the Borough's residents, e.g. schools, it is considered essential for a more practical and pragmatic approach to be adopted should the DHGV be permitted, including the policy reality that until such a time as the critical mass for new homes is established on-site, it is more likely that Basildon Borough's facilities in Laindon will be picking up the demands of new users arising from the neighbouring Brentwood Borough in the short-medium term.
There is no evidence presented by Brentwood Borough Council which indicates that DHGV's growth demands have been evaluated, in combination, with the projected demands arising from the Basildon Borough Local Plan. The Plan should not assume that such growth can just be absorbed by the nearby infrastructure and services in Basildon Borough and investment through developer contributions will be necessary. The infrastructure in the Basildon Borough has been evaluated for its capacity, its ability to grow and the scale of investment necessary to accommodate the growth in the Basildon Borough Local Plan to enable the Basildon growth to occur and there has not been enough information published during Regulation 18 (as set out in previous
representations) to be able to incorporate any testing of Brentwood's growth in as well. The Council therefore objects to Policy SP04 and R01(II).
Modification: The Plan should be modified to recognise that some impacts are likely to be cross-boundary and additional provisions should be incorporated into SP04 and RO1(I) that will support using S106/CIL arising from development in Brentwood Borough to be used for investment outside the Brentwood Borough, where it can be proven that there is reasonable likelihood of a direct or residual impacts otherwise being caused that need to be mitigated. This will make the Plan more effective, justified and in accordance with national policy.
Consultation Point: R01(I) and Appendix 1
Soundness - Justified & Effective
The Council notes the housing trajectory included within the Plan at Appendix 1. With regards to DHGV it is assumed that delivery will commence in 2022/23 (within the next five years) at a rate of 100 homes per annum, climbing to 300 homes per annum by 2026/27. As set out in earlier representations in respects of housing supply, this seems overly optimistic given that the allocation is currently within the extent of the Green Belt, requires masterplanning and will need to go through a planning application and elements of the condition discharge process before development on site can even commence. Development commencement on-site meanwhile, will be reliant on essential utility and infrastructure provision. No evidence is provided alongside the Plan, or within the associated Housing and Economic Land Availability Assessment (HELAA), as to how the housing trajectory in general has been developed. Furthermore, there is no specific evidence published setting out the evidence base, or any form of a development framework/ masterplan for the DHGV that explains how the proposed accelerated rate of delivery will be possible to achieve.
The Council considers that the speed and level of growth in this boundary location may have implications for Basildon Borough's own housing market and risks the ability for it to be able to deliver housing at the rates necessary for its own housing trajectory. Early residents of the DHGV will rely on some services and facilities outside the village to meet their initial needs, unless these facilities were all to be front-loaded and wait for the population to gradually build up to make full use of them. As an example, the DHGV will require new primary and secondary school provision. However, whilst the Brentwood IDP shows the primary provision in particular being delivered early, it is understood to not be economically viable to operate a school with low pupil numbers, and it may be the case that the village grows for a number of years with these pupils travelling to other schools in the locality (principally within the Basildon Borough), whilst operational primary and then secondary education provision is secured and the village becomes more self-sufficient. The Council therefore objects to Policy R01(I) and Appendix 1.
Modification: The Council therefore seeks for evidence to be provided demonstrating the realistic delivery trajectory for DHGV so that the potential short-medium term pressures on services and facilities in nearby settlements can be assessed, understood and planned for by service providers and neighbouring authorities. This will help ensure adequate mitigation provisions can be put in place to reduce any potential negative impacts on Basildon Borough residents living nearby. This will make the Plan justified and effective.
Consultation Point: R01(II)
Soundness - Effectiveness
Notwithstanding that the Council objects to many of the fundamental soundness principles of the DHGV, the Council would like to seek assurances written into Policy R01(II) that it will be invited by Brentwood Borough Council to become more involved in the detailed design and delivery of the new village. This will ensure that the strategic and cross-boundary impacts covered by the Duty to Cooperate and raised during the Council's response to the Plan at Regulation 18 and 19 stages are managed effectively during the development's implementation stages (assuming it is
considered sound), alongside the Basildon Borough Local Plan's own implementation. The Council therefore objects to Policy R01(II).
Modification: The Council would like a criterion added into Policy R01(II) under a new heading "Collaborative Approach" that will make it a requirement for neighbouring authorities to be engaged during the detailed design stages of DHGV to ensure strategic and cross boundary impacts are managed effectively during implementation.
This concludes the Council's representation.

Attachments:

Support

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 23212

Received: 19/03/2019

Respondent: Thames Water

Representation Summary:

Support the policy in principle. However, it is not possible for any necessary upgrades to be secured through CIL or S106 contributions. In order to ensure that any necessary sewerage infrastructure reinforcement works required to support a development are delivered ahead of the occupation of development it may be necessary for planning conditions to be used to ensure that a development or phase of development is not occupied until the required upgrade has been delivered. To help ensure this Policy SP04 should make reference to the use of planning conditions as a mechanism alongside S106 and CIL.

Change suggested by respondent:

To address the above concern Part B of Policy SP04 could be amended to incorporate the following wording:
"c. off-site capacity improvement works (secured through appropriate planning conditions or agreements)"
The proposed change would ensure that planning conditions can be used to secure infrastructure improvements necessary to support development alongside S106 agreements and CIL thereby ensuring that the policy is effective and the Local Plan is sound.

Full text:

Dear Sir/Madam,
Thank you for consulting Thames Water on the above document. Thames Water is the statutory sewerage undertaker for part of the Borough and is hence a "specific consultation body" in accordance with the Town & Country Planning (Local Development) Regulations 2012.
Planning Policies
Thames Water support the proposed policies within the Pre-submission Local Plan. Notwithstanding this it is suggested that minor modifications are made to the text within Policies SP01 and SP04 in order to ensure that the policies are effective in relation to ensuring development is delivered alongside any necessary sewerage infrastructure reinforcement works required to support it. The proposed modifications are set out in the attached response forms. In relation to Policy NE02 the requirement for engagement with sewerage providers is welcomed. To assist with promoting early engagement it would be beneficial if a link to Thames Waters pre-application service could be provided on the Councils website. Details regarding Thames Waters pre-application service can be found at: www.thameswater.co.uk/preplanning

Site Specific Comments
We have undertaken a high level review of the proposed site allocations within the Thames Water catchment and have appended comments in relation to wastewater infrastructure issues for these sites in table below.
R04 & R05 - Ford Headquarters and Council Depot, Warley: The wastewater network capacity in this area may be unable to support the demand anticipated from this development. Local upgrades to the existing drainage infrastructure may be required to ensure sufficient capacity is brought forward ahead of the development. Where there is a potential wastewater network capacity constraint, the developer should liaise with Thames Water to determine whether a detailed drainage strategy informing what infrastructure is required, where, when and
how it will be delivered is required. The detailed drainage strategy should be submitted with the planning application. R06 - Land off Nags Head Lane, Brentwood The wastewater network capacity in this area may be unable to support the demand
anticipated from this development. Local upgrades to the existing drainage infrastructure may be required to ensure sufficient capacity is brought forward ahead of the development. Where there is a potential wastewater network capacity constraint, the developer should liaise with Thames Water to determine whether a detailed drainage strategy informing what infrastructure is required, where, when and how it will be delivered is required. The detailed drainage strategy should be submitted with the planning application.
R07 - Sow & Grow Nursery, Ongar Road, Pilgrims Hatch
On the information available to date we do not envisage infrastructure concerns regarding wastewater network or wastewater treatment infrastructure capability in relation to this site/s. It is recommended that the Developer and the Local Planning Authority liaise with Thames Water at the earliest opportunity to advise of the developments phasing. Please contact Thames Water Development Planning, either by email Devcon.team@thameswater.co.uk tel: 02035779998 or in writing Thames Water Utilities Ltd, Maple Lodge STW, Denham Way, Rickmansworth, Hertfordshire, WD3 9SQ
R08 - Land adjacent to Camel, Mascalls Lane, Warley
On the information available to date we do not envisage infrastructure concerns regarding wastewater network or wastewater treatment infrastructure capability in relation to this site/s. It is recommended that the Developer and the Local Planning Authority liaise with Thames Water at the earliest opportunity to advise of the developments phasing. Please contact Thames Water Development Planning, either by email Devcon.team@thameswater.co.uk tel: 02035779998 or in writing Thames Water Utilities Ltd, Maple Lodge STW, Denham Way, Rickmansworth, Hertfordshire, WD3 9SQ. We do not envisage network infrastructure concerns regarding wastewater infrastructure capability in relation to this site on a basis that it won't be any surface water connection into a public foul sewer system. Connection of surface water into a public foul sewer system reduces sewer capacity and has the potential to cause flooding to existing customers. Drainage hierarchy to be followed in addressing surface water.
R09 - Land west of Warley Hill, Pastoral Way, Warley
On the information available to date we do not envisage infrastructure concerns regarding wastewater network or wastewater treatment infrastructure capability in relation to this site/s. It is recommended that the Developer and the Local Planning Authority liaise with Thames Water at the earliest opportunity to advise of the developments phasing. Please contact Thames Water Development Planning, either by email Devcon.team@thameswater.co.uk tel: 02035779998 or in writing Thames Water Utilities Ltd, Maple Lodge STW, Denham Way, Rickmansworth, Hertfordshire, WD3 9SQ
Drainage hierarchy to be followed in addressing surface water. As this is a brown field site, we expect significant reduction in surface water runoff.
R10 - Brentwood railway station car park St James Road, Brentwood
The wastewater network capacity in this area may be unable to support the demand anticipated from this development. Local upgrades to the existing drainage infrastructure may be required to ensure sufficient capacity is brought forward ahead of the development. Where there is a potential wastewater network capacity constraint, the developer should liaise with Thames Water to determine whether a detailed drainage strategy informing what infrastructure is required, where, when and how it will be delivered is required. The detailed drainage strategy should be submitted with the planning application. A significant assets run beneath the site. We would seek protection of these assets and may require several wayleaves /easements. Drainage hierarchy to be followed in addressing surface water. As this is brown field site, we expect significant reduction in surface water runoff.
R11 - Westbury Road Car Park, Westbury Road, Brentwood
On the information available to date we do not envisage infrastructure concerns regarding wastewater network or wastewater treatment infrastructure capability in relation to this site/s. It is recommended that the Developer and the Local Planning Authority liaise with Thames Water at the earliest opportunity to advise of the developments phasing. Please contact Thames Water Development Planning, either by email Devcon.team@thameswater.co.uk tel: 02035779998 or in writing Thames Water Utilities Ltd, Maple Lodge STW, Denham Way, Rickmansworth, Hertfordshire, WD3 9SQ Drainage hierarchy to be followed in addressing surface water. As this is a
brown field site, we expect significant reduction in surface water runoff.
R12 - Land at Hunter House, Western Road, Brentwood (Reviewed Jan18)
On the information available to date we do not envisage infrastructure concerns regarding wastewater network or wastewater treatment infrastructure capability in relation to this site/s. It is recommended that the Developer and the Local Planning Authority liaise with Thames Water at the earliest opportunity to advise of the developments phasing. Please contact Thames Water Development Planning, either by email Devcon.team@thameswater.co.uk tel: 02035779998 or in writing Thames Water Utilities Ltd, Maple Lodge STW, Denham Way, Rickmansworth, Hertfordshire, WD3 9SQ Surface water to be addressed according to the Drainage hierarchy. This being a brownfield site we expect a significant reduction in surface water runoff.
R13 Chatham Way/Crown Street Car Park, Brentwood (Reviewed Jan18)
On the information available to date we do not envisage infrastructure concerns regarding wastewater network or wastewater treatment infrastructure capability in relation to this site/s. It is recommended that the Developer and the Local Planning Authority liaise with Thames Water at the earliest opportunity to advise of the developments phasing.Please contact Thames Water Development Planning, either by email Devcon.team@thameswater.co.uk tel: 02035779998 or in writing Thames Water Utilities Ltd, Maple Lodge STW, Denham Way, Rickmansworth, Hertfordshire, WD3 9SQ Drainage hierarchy to be followed in addressing surface water. As this is a brown field site, we expect significant reduction in surface water runoff.
R14 - WILLIAM HUNTER WAY, CAR
PARK SITE, BRENTWOOD
The wastewater network capacity in this area may be unable to support the demand anticipated from this development. Local upgrades to the existing drainage infrastructure may be required to ensure sufficient capacity is brought forward ahead
of the development. Where there is a potential wastewater network capacity constraint, the developer should liaise with Thames Water to determine whether a detailed drainage strategy informing what infrastructure is required, where, when and how it will be delivered is required. The detailed drainage strategy should be
submitted with the planning application. Drainage hierarchy to be followed in addressing surface water. As this is a brown field site, we expect significant reduction in surface water runoff.
R15 - Wates Way Industrial Estate,
Ongar Road, Brentwood
On the information available to date we do
not envisage infrastructure concerns
regarding water supply network or water
treatment infrastructure capacity in relation
to this site/s. It is recommended that the
Developer and the Local Planning Authority
liaise with Thames Water at the earliest
opportunity to advise of the developments
phasing. Please contact Thames Water
Development Planning, either by email
Devcon.team@thameswater.co.uk tel:
02035779998 or in writing Thames Water
Utilities Ltd, Maple Lodge STW, Denham
Way, Rickmansworth, Hertfordshire, WD3
9SQ
Drainage hierarchy to be followed in
addressing surface water. As this is a
brown field site, we expect significant
reduction in surface water runoff.
R16 & R17- Land off Doddinghurst Road, either side of A12, Brentwood
On the information available to date we do
not envisage infrastructure concerns
regarding wastewater network or
wastewater treatment infrastructure
capability in relation to this site/s. It is
recommended that the Developer and the
Local Planning Authority liaise with Thames
Water at the earliest opportunity to advise of
the developments phasing. Please contact
Thames Water Development Planning,
either by email
Devcon.team@thameswater.co.uk tel:
02035779998 or in writing Thames Water
Utilities Ltd, Maple Lodge STW, Denham
Way, Rickmansworth, Hertfordshire, WD3
9SQ
R19- Land At Priests Lane, Brentwood
On the information available to date we do
not envisage infrastructure concerns
regarding wastewater infrastructure
capability in relation to this site.
Please note that the above comments
relate to the sewerage network within the
Thames Water supply area only. It is
recommended that Anglian Water are also
consulted for their comments in relation to
this development proposal. Drainage
hierarchy to be followed in addressing
surface water.
R23 - Brizes Corner Field, Blackmore
Road, Kelvedon Hatch
On the information available to date we do
not envisage infrastructure concerns
regarding wastewater infrastructure
capability in relation to this site.
Drainage hierarchy to be followed in
addressing surface water. Please note that
the above comments relate to the sewerage
network within the Thames Water supply
area only. It is recommended that Anglian
Water are also consulted for their
comments in relation to this development
proposal.
R24 - Land off Stocks Lane, Kelvedon Hatch
On the information available to date we do
not envisage infrastructure concerns
regarding wastewater infrastructure
capability in relation to this site.
Drainage hierarchy to be followed in
addressing surface water. Please note that
the above comments relate to the sewerage
network within the Thames Water supply
area only. It is recommended that Anglian
Water are also consulted for their
comments in relation to this development
proposal.

POLICY SP04
In relation to wastewater infrastructure it will be essential that new development is aligned with any
necessary upgrades required to ensure that the development would not overload the existing
sewerage network. Thames Water therefore support the content of Policy NE2 parts D and E and
encourage developers proposing developments to engage with them at an early stage to discuss the
wastewater infrastructure requirements for development.
The proposed policy ensures that the Local Plan is consistent with Paragraphs 20 and 41 of the NPPF.
Alongside the proposed amended text for Policy SP04, the policy will help ensure the effective
delivery of any sewerage network reinforcement works necessary to support development.

POLICY SP04
In relation to wastewater infrastructure it will be essential that new development is aligned with any
necessary upgrades required to ensure that the development would not overload the existing
sewerage network.
Thames Water support the policy in principle. However, it should be noted that new sewerage
infrastructure is delivered by the sewerage undertaker and funded through the infrastructure charge
for new developments connecting to the sewerage network. It is not therefore possible for any
necessary upgrades to be secured through CIL or S106 contributions. In order to ensure that any
necessary sewerage infrastructure reinforcement works required to support a development are
delivered ahead of the occupation of development it may be necessary for planning conditions to be
used to ensure that a development or phase of development is not occupied until the required
upgrade has been delivered. To help ensure this Policy SP04 should make reference to the use of
planning conditions as a mechanism to ensure the delivery of infrastructure alongside S106
agreements and CIL.

To address the above concern Part B of Policy SP04 could be amended to incorporate the following
wording:
"c. off-site capacity improvement works (secured through appropriate planning conditions or
agreements)"
The proposed change would ensure that planning conditions can be used to secure infrastructure
improvements necessary to support development alongside S106 agreements and CIL thereby
ensuring that the policy is effective and the Local Plan is sound.

POLICY SP01:
Thames Water support the aim of Policy SP01 (D) in relation to ensuring development does not result
in unacceptable impacts on amenity. However, as worded the policy would only be effective in
ensuring that development itself has no unacceptable impact on amenity. Consideration is also
required to be given to whether the location of proposed development is appropriate taking into
account existing sources of noise, odour and vibration to ensure that the amenity of future occupiers
of development will not be adversely affected by such issues. Where development would be affected
by an existing source of noise, odour or vibration development should only be allowed where it is
demonstrated that suitable mitigation measures can be put in place and it has been demonstrated
how these will be delivered. This would be required in order to ensure that the policy is consistent
with Paragraph 182 of the NPPF 2019.
To address the above concern it is considered that Part D(e) of Policy SP01 could be revised to read as
follows:
"e. has no unacceptable effect on health, the environment or amenity due to the release of pollutants
(such as light, noise pollution, vibration, odour, smoke, ash, dust and grit) to land, water or air, and
where the amenity of future occupiers would not be adversely impacted by existing sources of such
pollutants unless suitable mitigation measures are proposed and secured;"
The additional wording would ensure that development is not located where the amenity of future
residents would be affected by existing sources of polluntants unless suitable mitigation is provided.
This would ensure that the policy is effective and consistent with the NPPF and therefore sound.

Attachments:

Support

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 23240

Received: 21/03/2019

Respondent: Mid and South Essex STP

Representation Summary:

Policies should be explicit in that contributions towards healthcare provision will be obtained and the Local Planning Authority will consider a development's sustainability with regard to effective healthcare provision. The exact nature and scale of the contribution and the subsequent expenditure by the STP will be calculated at an appropriate time as and if schemes come forward over the plan period to realise the objectives of the LP.

Full text:

1.0 Introduction
1.0.1 Thank you for consulting the Basildon & Brentwood Clinical Commissioning Group (CCG) and the Mid and South Essex Sustainability and Transformation Partnership (STP) on the above emerging Local Development Plan (LP) Document.
1.1 In reviewing the context, content and recommendations of the LP Document and its current phase of progression, the following comments are with regard to the Healthcare provision on behalf of the STP
2.0 Existing Healthcare Position in the Emerging Plan Area
2.1 The LP Document covers the administrative area of Brentwood.
2.2 Currently, within the administrative area, healthcare provision incorporates a total of 9 GP Practices, 13 pharmacists, 9 dental surgeries, 10 Opticians, 2 community clinics and 2 community hospitals.
2.3 These are the healthcare services available that this Local Plan must take into account in formulating future strategies.

Attachments:

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 23678

Received: 26/04/2019

Respondent: Gladman Developments

Agent: Gladman Developments

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Representation Summary:

5.2.1 Whilst Gladman has no specific comments on the content of Policy SP04, we would wish to voice concern over the myriad of policies contained in the Local Plan which may have implications for development viability. Many of the policies such as Policy SP05, BE01, BE02, BE03, BE09, BE10 etc have requirements within them that will impact on the viability of development schemes. It is unclear from the evidence provided whether the cumulative impact of all of these requirements has been considered through the Viability Study, which is a requirement set out at Paragraph 34 of the Framework to ensure that such policies do not undermine the deliverability of the Plan. This gap in evidence needs to be addressed by the Council to ensure that these policies are justified.

Change suggested by respondent:

Consider cumulative impact of Policy SP05, BE01, BE02, BE03, BE09, BE10 etc on Policy SP04: Developer Contributions

Full text:

Brentwood Local Plan
Pre-Submission Document

CONTENTS
1 Introduction 2
1.1 Introduction 2
1.2 Context 2
2 National Planning Policy 3
2.1 National Planning Policy Framework 3
2.2 Planning Practice Guidance 4
3 Legal Requirements 7
3.1 Duty to Cooperate 7
3.2 Sustainability Appraisal 8
4 Spatial Strategy 9
4.1 Vision and Strategic Objectives 9
5 Managing Growth 10
5.1 Policy SP02: Managing Growth 10
5.2 Policy SP04: Developer Contributions 11
6 Resilient Built Environment 12
6.1 Policy BE02: Sustainable Construction and Resource Efficiency 12
7 Housing Provision 13
7.1 Policy HP01: Housing Mix 13
7.2 Policy HP06: Standards for New Housing 13
8 Conclusion 15
8.1 Overall Conclusion 15

1 INTRODUCTION
1.1 Introduction
1.1.1 These representations are submitted by Gladman in response to the current consultation on the Brentwood Local Plan Pre-Submission Document. Gladman specialise in the promotion of strategic land for residential development with associated community infrastructure.
1.1.2 Gladman has considerable experience in the development industry across a number of sectors, including residential and employment development. From that experience, we understand the need for the planning system to provide local communities with the homes and jobs that are needed to ensure that residents have access to a decent home and employment opportunities.
1.1.3 Gladman also has a wealth of experience in contributing to the Development Plan preparation process, having made representations on numerous local planning documents throughout the UK and having participated in many Local Plan public examinations. It is on the basis of that experience that the comments are made in this representation.
1.1.4 Through this submission, Gladman have sought to highlight a number of issues with the Brentwood Local Plan. Gladman submit that the Council will need to carefully consider some of its policy choices and ensure that its evidence base is up-to-date and robust in light of changing circumstances and the changes brought about by the Revised National Planning Policy Framework (2019).
1.2 Context
1.2.1 The Revised Framework (2019) sets out four tests that must be met for Local Plans to be considered sound. In this regard, we submit that in order for it to be sound it is fundamental that the Thurrock Local Plan is:
* Positively prepared - providing a strategy which, as a minimum, seeks to meet the area's objectively assessed needs; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development;
* Justified - an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;
* Effective - deliverable over the plan period, and based on effective joint working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground; and
* Consistent with national policy - enabling the delivery of sustainable development in accordance with the policies in the Framework.

2 NATIONAL PLANNING POLICY
2.1 National Planning Policy Framework
2.1.1 On 24th July 2018, the Ministry of Housing, Communities and Local Government (MHCLG) published the Revised National Planning Policy Framework which was subsequently updated in February 2019. These publications form the first revisions of the Framework since 2012 and implement changes that have been informed through the Housing White Paper, The Planning for the Right Homes in the Right Places consultation and the draft Revised Framework consultation.
2.1.2 The Revised Framework (2019) introduces a number of major changes to national policy and provides further clarification to national planning policy as well as new measures on a range of matters. Crucially, the changes to national policy reaffirms the Government's commitment to ensuring up-to-date plans are in place which provide a positive vision for the areas which they are responsible for to address the housing, economic, social and environmental priorities to help shape future local communities for future generations. In particular, paragraph 16 of the Revised Framework (2019) states that Plans should:
a) Be prepared with the objective of contributing to the achievement of sustainable development;
b) Be prepared positively, in a way that is aspirational but deliverable;
c) Be shaped by early, proportionate and effective engagement between plan-makers and communities, local organisations, businesses, infrastructure providers and operators and statutory consultees;
d) Contain policies that are clearly written and unambiguous, so it is evident how a decision maker should react to development proposals;
e) Be accessible through the use of digital tools to assist public involvement and policy presentation; and
f) Serve a clear purpose, avoiding unnecessary duplication of policies that apply to a particular area (including policies in this Framework, where relevant).
2.1.3 To support the Government's continued objective of significantly boosting the supply of homes, it is important that the Local Plan provides a sufficient amount and variety of land that can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay .
2.1.4 In determining the minimum number of homes needed, strategic plans should be based upon a local housing need assessment, conducted using the standard method as set out in the PPG unless exceptional circumstances justify an alternative approach. It is imperative that the emerging Local Plan is formulated on the basis of meeting this requirement as a minimum.
2.1.5 Once the minimum number of homes that is required is identified, the planning authority should have a clear understanding of the land available in their area through the preparation of a strategic housing land availability assessment. In this regard, paragraph 67 sets out specific guidance that local planning authorities should take into account when identifying and meeting their housing need. It states:
"Strategic policy-making authorities should have a clear understanding of the land available in their areas through the preparation of a strategic housing land availability assessment. From this planning policies should identify a sufficient supply and mix of sites, taking into account their availability, suitability and likely economic viability. Strategic plans should identify a supply of:
a) specific, deliverable sites for years one to five of the plan , and
b) specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15 of the plan.
2.1.6 Once a local planning authority has identified its housing needs, these needs should be met in full, unless any adverse impacts would significantly and demonstrably outweigh the benefits of doing so . Local planning authorities should seek to achieve each of the economic, social and environmental dimensions of sustainable development, resulting in net gains across all three. Adverse impacts on any of these dimensions should be avoided, where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed or, where this is not possible, compensatory measures should be considered.
2.1.7 To be considered sound at Examination the emerging Local Plan will need to meet all four of the soundness tests set out in paragraph 35 of the Revised Framework (2019).
2.2 Planning Practice Guidance
2.2.1 The Government published updates to its Planning Practice Guidance (PPG) on 13th September 2018. The updated PPG provides further clarity on how specific elements of the Revised Framework should be interpreted when preparing Local Plans. In particular, the updated Housing Needs Assessment chapter of the PPG confirms that the Revised Framework expects local planning authorities to follow the standard method for assessing local housing needs, and that the standard method identifies the minimum housing need figure and not a final housing requirement .
2.2.2 The calculation of objectively assessed needs (OAN) for housing has been a subject of much debate as part of Local Plan Examinations and s.78 appeals since its initial introduction through the Framework in 2012 with interested parties grappling with the issue of OAN with varying outcomes depending on local circumstances. To simplify the assessment the Government, through the Revised Framework has introduced the standardised method which should be undertaken through the 3-stage process outlined at paragraph 005 of the PPG .
2.2.3 Notwithstanding the above, it is important to note that whilst the standard methodology to assessing housing needs has been introduced, it is likely that this will be subject to further change. In this regard, it is currently anticipated that the standard method will be adjusted to ensure that the starting point in the plan-making process is consistent with the Government's proposals in Planning for the Right Homes in the Right Places consultation, to ensure that 300,000 homes are built per annum by the mid-2020s. This follows the release of the 2016 based household projections in September 2018, which forecast a lower level of household growth than previously envisaged.
2.2.4 It is therefore important that future iterations of the Local Plan take account of any changes to the standard method for calculating housing needs during the course of their preparation.
2.2.5 Whilst the PPG advises that the standard method is not mandatory, there is a possibility that other methods can be used in exceptional circumstances based on robust evidence in order to deviate from the standard method. Indeed, the PPG is clear that the standard method only identifies the minimum number of homes required to meet population needs and does not take into account the variety of factors which may influence the housing required in local areas such as changing economic circumstances or other factors which may change demographic behaviour. Where additional growth above historic trends are likely to occur, then local planning authorities should include an appropriate uplift to the housing numbers to meet the need in full. It is important that this uplift is undertaken prior to and separate from the consideration of the demographic baseline assessment of need and how much of this need can be accommodated in a housing requirement figure. Circumstances where the need to apply an uplift may be appropriate include, but are not limited to:
- Where growth strategies are in place, particularly where those growth strategies identify that additional housing above historic trends is needed to support growth or funding is in place to promote and facilitate growth (e.g. housing deals);
- Where strategic infrastructure improvements are planned that would support new homes;
- Where an authority has agreed to take on unmet need, calculated using the standard method from neighbouring authorities, as set out in a statement of common ground;
- Historic delivery levels where previous delivery has exceeded the minimum need identified it should be considered whether the level of delivery is indicative of greater housing need; and
- Where recent assessments such as Strategic Housing Market Assessments suggest higher levels of need than those proposed by a strategic policy making authority, an assessment of lower need should be justified.
2.2.6 In addition, it is important for local planning authorities to consider the implications of the standard method on delivering affordable housing need in full. The PPG is clear that the total affordable housing need should be considered in the context of its likely delivery as a proportion of mixed market and affordable housing developments, taking into account the probable percentage of affordable housing to be delivered by open market housing development. If it becomes clear that affordable housing need will not be delivered in full, then an increase to the total housing figures included in the plan should be considered where it could help to deliver the required number of the affordable homes.
2.2.7 In the event that an alternative approach is used it should only be considered sound if it exceeds the minimum starting point. The PPG is clear that any alternative approach with results in lower housing need figure than the standard method should be considered unsound as it does not meet the minimum housing need required.  
3 LEGAL REQUIREMENTS
3.1 Duty to Cooperate
3.1.1 The Duty to Cooperate (DtC) is a legal requirement established through section 33(A) of the Planning and Compulsory Purchase Act 2004, as amended by Section 110 of the Localism Act. The DtC requires local planning authorities to engage constructively, actively and on an ongoing basis with neighbouring authorities on cross-boundary strategic issues through the process of ongoing engagement and collaboration.
3.1.2 The Revised Framework (2019) has introduced a number of significant changes for how local planning authorities are expected to cooperate including the preparation of Statement(s) of Common Ground (SOCG) which are required to demonstrate that a plan is based on effective cooperation and has been based on agreements made by neighbouring authorities where cross boundary strategic issues are likely to exist. The Revised Framework (2019) sets out that local planning authorities should produce, maintain, and update one or more Statement(s) of Common Ground (SOCG), throughout the plan making process . The SOCG(s) should provide a written record of the progress made by the strategic planning authorities during the process of planning for strategic cross-boundary matters and will need to demonstrate the measures local authorities have taken to ensure cross boundary matters have been considered and what actions are required to ensure issues are proactively dealt with e.g. unmet housing needs.
3.1.3 As demonstrated through the outcome of the Coventry, Mid Sussex, Castle Point and St Albans examinations, if a Council fails to satisfactorily discharge its DtC a Planning Inspector must recommend non-adoption of the Plan. This cannot be rectified through modifications.
3.1.4 Gladman welcome the South Essex Authorities' commitment to the preparation of a Joint Strategic Plan (JSP) covering Basildon, Brentwood, Castle Point, Rochford, Southend-on-Sea and Thurrock. All of these authorities have significant strategic issues to contend with not least, the delivery of substantial housing and economic growth and the need to review Green Belt boundaries at a strategic scale.
3.1.5 It is however disappointing, that the JSP will not allocate specific sites which will be left for the individual Local Plans to take forward. The level of housing need in South Essex is significant and delivery has fallen substantially behind need for a long period of time. There is therefore an immediate need to address this situation; and for Local Plans to have to await the adoption of the JSP before sites are taken through the Local Plan process and finally released from the Green Belt, is simply going to result in inevitable further delay.
3.1.6 The JSP could release the strategic sites for development in partnership with the constituent authorities leaving a certain proportion of housing need to be addressed by the Local Plans on non-strategic sites. This would allow the release of Green Belt for development as early in the process as possible, thus meeting urgent need in an expedient manner.
3.1.7 The JSP also needs to follow a statutory plan preparation process with requisite consultation and examination to ensure that it has full weight in the planning process and to guide the preparation of the Local Plans on a formal basis. If the JSP is simply a non-statutory document, then there is the potential for changes over time in the other authorities to cause significant issues.
3.1.8 Beyond this commitment, there is very little evidence available setting out how Brentwood has discharged its Duty to Cooperate and what outcomes have been achieved through this process. This is especially pertinent because of the need to address unmet housing needs across the HMA.
3.2 Sustainability Appraisal
3.2.1 In accordance with Section 19 of the Planning and Compulsory Purchase Act 2004, policies set out in Local Plans must be subject to a Sustainability Appraisal (SA), and also incorporate the requirements of the Environmental Assessment of Plans and Programmes Regulations 2004 (the SEA regulations).
3.2.2 The SA/SEA is a systematic process that should be undertaken at each stage of the Plan's preparation, assessing the effects of the emerging Local Plan Review proposals on sustainable development when judged against all reasonable alternatives. The Council should ensure that the future results of the SA clearly justify its policy choices. In meeting the development needs of the area, it should be clear from the results of this assessment why some policy options have progressed, and others have been rejected. This must be undertaken through a comparative and equal assessment of each reasonable alternative, in the same level of detail for both chosen and rejected alternatives. The Council's decision-making and scoring should be robust, justified and transparent.
 
4 SPATIAL STRATEGY
4.1 Vision and Strategic Objectives
4.1.1 Gladman has concerns with certain elements of the Spatial Strategy that is being pursued through the Brentwood Local Plan (BLP).
4.1.2 The Plan sets out that one of the overarching driving factors behind the BLP is meeting the housing needs of the borough. However, the Council are using the 2016 Household Projections to calculate the housing needs of the borough which the Government have now confirmed is the incorrect data set to rely upon. Use of the 2014 Household Projections is likely to yield a higher housing requirement and therefore, the Council will need to address this issue before the Plan gets to Examination.
4.1.3 They also set out within the Settlement Hierarchy in Table 2.3 that the development of brownfield land will be prioritised. This requirement has no support in National Policy as Para 117 of the Revised Framework (2019) simply states that substantial weight should be given to the value of using suitable brownfield land. This requirement should therefore be changed to reflect Government guidance.
4.1.4 The prioritisation of brownfield land is also repeated in the Spatial Development Principles section under Paragraph 3.23 which similarly needs amending.
4.1.5 It is also disappointing that in the Vision and the Strategic Objectives, no mention is made of providing housing to meet the needs of the local population or of addressing one of the key challenges facing Brentwood, that of tackling housing affordability. It is therefore suggested that given the emphasis being placed by the Government on fixing the broken housing market, a further Strategic Objective is added to the Plan that specifically relates to the delivery of housing.
 
5 MANAGING GROWTH
5.1 Policy SP02: Managing Growth
5.1.1 The Council sets out in the pre-amble to Policy SP02 that they consider the housing need figure using the Standard Methodology is 350 dwellings per annum using the 2016 Household Projections published by ONS.
5.1.2 However, since the Local Plan was published, the Government has clearly set out that the 2016 Household Projections should not be used for the purposes of establishing the housing need figure under the standard methodology and that the 2014 Household Projections should be used instead.
5.1.3 The Council therefore needs to recalculate the housing need figure using the correct set of data so that it accords with the Framework and is not immediately found unsound on this basis.
5.1.4 It must also be recognised that the standard method only identifies the minimum number of homes required to meet population needs and does not take into account the variety of factors which may influence the housing required in a local area such as changing economic circumstances or other factors which may change demographic behaviour. Where additional growth above historic trends is likely to occur, then local planning authorities should include an appropriate uplift to the housing numbers to meet the need in full. It is important that this uplift is undertaken prior to and separate from, the consideration of how much of this need can be accommodated in the housing requirement.
5.1.5 The Council are seeking to provide an uplift to the base level of housing needs established through the Standard Method but this is intended to provide a buffer in the housing supply to ensure that the housing requirement is met or surpassed. It is not an uplift to take account of the circumstances listed in the PPG (see paragraph 3.1.5 above).
5.1.6 Gladman support the Council's inclusion of a 20% buffer in order to provide flexibility in supply as this will allow the Local Plan to adapt to changes in circumstances such as stalled sites, delay in delivery and sites which do not come forward as envisaged. This is especially important where Local Plans are predicated on the delivery of a small number of large-scale strategic sites.
5.1.7 However, we also consider that the housing requirement included within the Local Plan is not representative of the full housing needs of the area and that factors such as the high housing affordability ratio (11.23 in 2017), continuing economic growth and proximity to London should lead the Council to uplift the housing requirement figure above the minimum identified through the Standard Method. The Council would then still need to include a 20% buffer above this figure, in order to provide the flexibility needed to ensure the housing requirement is met or surpassed.
5.1.8 Gladman also has concerns regarding the Sequential Land Use approach which is set out in Paragraph 4.22 of the Local Plan. This is intended to be used as a Development Management tool to appraise proposals against a sequential land use hierarchy. However, we consider that this goes beyond the guidance set out in National Policy which seeks to maximise the use of brownfield land where possible and where it does not conflict with other policies in the Framework. It is also difficult to see how this approach would work in a Development Management context as applicants would have to demonstrate that there are no other suitable alternative sites which could accommodate the proposed development.
5.1.9 Policy SP02 also sets out a stepped approach to housing delivery within Brentwood which would equate to 310 dwellings per annum 2016-2023 and 584 dwellings per annum from 2023 onwards. Given that Brentwood has struggled to deliver homes over recent years and has in fact, failed to meet the requirements of the recently published Housing Delivery Test, resulting in the need for a 20% buffer to be applied, coupled with the fact that housing affordability in the borough is severe, must lead the Council to the conclusion that it has to address the backlog of housing needs as quickly as possible.
5.1.10 Implementing a stepped approach to the housing requirement will only lead to people having to wait longer for their housing needs to be met which, in the face of the Government's push to address the housing crisis, must be unacceptable.
5.1.11 The Council point to the fact that given the level of Green Belt constraint facing the borough, it is extremely difficult to achieve a five-year housing land supply. However, if the Council allocate a sufficient range and type of site in various locations across the borough, including small scale Green Belt releases, then there is no reason why housing needs cannot be met quicker thus maintaining a 5-year housing land supply.
5.1.12 Gladman do not consider that the Council has sufficient evidence to justify the implementation of a stepped approach to housing delivery and therefore consider the Local Plan to be unsound in this respect.
5.2 Policy SP04: Developer Contributions
5.2.1 Whilst Gladman has no specific comments on the content of Policy SP04, we would wish to voice concern over the myriad of policies contained in the Local Plan which may have implications for development viability. Many of the policies such as Policy SP05, BE01, BE02, BE03, BE09, BE10 etc have requirements within them that will impact on the viability of development schemes. It is unclear from the evidence provided whether the cumulative impact of all of these requirements has been considered through the Viability Study, which is a requirement set out at Paragraph 34 of the Framework to ensure that such policies do not undermine the deliverability of the Plan. This gap in evidence needs to be addressed by the Council to ensure that these policies are justified.
 
6 RESILIENT BUILT ENVIRONMENT
6.1 Policy BE02: Sustainable Construction and Resource Efficiency
6.1.1 Gladman are concerned with part (f) of Policy BE02 as it is too onerous and goes beyond National Policy. Part (f) requires all proposals to include commercial and domestic scale renewable energy and decentralised energy as part of new development. This is an extremely onerous requirement, particularly for small schemes where it may not be technically feasible. It could also have a huge impact on development viability.
6.1.2 Paragraph 153 of the Framework allows for planning policies to require development to include decentralised energy supply. However, it also provides a caveat that this is only where it is viable and feasible. Part (f) of Policy BE02 should therefore be amended to reflect this guidance.
 
7 HOUSING PROVISION
7.1 Policy HP01: Housing Mix
7.1.1 Policy HP01 contains a number of development requirements which would be applied to all new development including housing mix, accessible and adaptable dwellings and self and custom build homes.
7.1.2 If the Council wishes to adopt the discretionary accessible and adaptable homes standards as a policy requirement, then this should only be done in accordance with the Revised Framework footnote 46 i.e. where this would address an identified need for such properties and where the standards can be justified. The Written Ministerial Statement (WMS) dated 25th March 2015 stated that "the optional new national technical standards should only be required through any new Local Plan policies if they address a clearly evidenced need, and where their impact on viability has been considered, in accordance with the NPPG".
7.1.3 All new homes are built to Building Regulations Part M Category 1 Standards which include such adaptions as level approach routes, accessible front doors and wider internal doors and corridors. If the Government had intended that evidence of an aging population alone justified the adoption of the higher Part M Category 2 or 3 optional standard, then these would have been incorporated as mandatory into the Building Regulations.
7.1.4 We have been unable to locate where the evidence of a need for these standards is contained within the evidence base. Without this evidence, these requirements should be removed from the Local Plan.
7.1.5 Whilst the concept of Self Build and Custom Build Housing is supported, the inclusion of plots on large scale sites does not add to the supply of houses overall (it merely changes the housing mix from one product to another). It is also difficult to assess how it will be implemented given issues around working hours, site access, health and safety etc. that are associated with large scale development sites. The percentage of provision on sites should also be determined on detailed evidence of need and the provision of these plots should also be subject to viability testing.
7.2 Policy HP06: Standards for New Housing
7.2.1 Policy HP06 requires all residential development to have to comply with the Nationally Described Space Standards (NDDS).
7.2.2 If the Council wishes to adopt the NDSS as a policy requirement, then this should only be done in accordance with the Revised Framework footnote 46 i.e. where this would address an identified need for such properties and where the standards can be justified. The WMS dated 25th March 2015 stated that "the optional new national technical standards should only be required through any new Local Plan policies if they address a clearly evidenced need, and where their impact on viability has been considered, in accordance with the NPPG".
7.2.3 We have been unable to locate where the evidence of a need for these standards is contained within the evidence base. Without this evidence, these requirements should be removed from the Local Plan.

 
8 CONCLUSION
8.1 Overall Conclusion
8.1.1 Critical to the success of the South Essex area will be the timely production of the JSP which will define the major growth areas to meet the housing and employment needs across the area and will inform the preparation of the individual Local Plans.
8.1.2 It is essential that through this process, the full needs for housing and employment are met in the areas that people want to live. It is also imperative that the major policy constraint of Green Belt is reviewed in a strategic manner which allows full need to be met and ensures that the new boundaries endure beyond the JSP plan period.
8.1.3 The impact of London will have a heavy influence on the future developments needs of the area and this must also be taken fully into account through the preparation of the JSP.
8.1.4 It is also considered that in order to give the JSP the weight it needs to ensure that the constituent Local Plans deliver its outcomes, the JSP should be a statutory plan which follows the requisite plan preparation process of consultation and subsequent examination.
8.1.5 Gladman have some fundamental concerns with the BLP, particularly with the identification of the level of housing need in the Plan and the implementation of a stepped approach to housing delivery, which would render the BLP unsound if they are not addressed.
8.1.6 Gladman therefore request the right to participate in any forthcoming Local Plan Examination to discuss these concerns orally.

Attachments:

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 23897

Received: 19/03/2019

Respondent: Redrow Homes

Agent: Pegasus Group

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Criterion A expects developers to guarantee the sustained provision of infrastructure. The responsibility for sustained provision rests with the infrastructure provider and this should not be transferred to the developer. Criterion F requires a Financial Viability Assessment where there is conflict with planning policy requirements. It does not specify which policy conflicts would trigger this need, so as currently written would apply to any such conflict. This presents an unreasonable and unnecessary burden for a developer where the conflict arises of feasibility rather than viability issues. There may also be sound material considerations for departing from a particular policy.

Change suggested by respondent:

Remove the last sentence of criterion A and amend criterion F to confirm what policy conflicts trigger the need for a viability assessment.

Full text:

BE04
Criterion B(c) of this policy requires the application of the heat hierarchy to all development proposals. This is an unreasonable and unnecessary burden to apply to all developments that is not supported by national policy or the evidence base. Furthermore, it could limit the deliverability of proposals where existing CHP/CCHP facilities are not available and where the cost of developing an on-site facility is prohibitive. It is not reasonable to expect a developer to factor the cost of such an onerous requirement into the development economics for a site and to then have to demonstrate the viability issues surrounding it. It is suggested that such a feature is only justifiable on the largest of the strategic sites proposed in the district and is not relevant to the majority of the site allocations.
Amend criterion B(c) to clarify that such a requirement is only applicable to schemes of 500 residential units or more.
BE10
Criterion C of this policy requires the developer to make alternative arrangements for broadband provision where a provider has identified that superfast broadband is not practical. This shifts the burden of responsibility from the provider - who is paid to provide a service - to the developer. The developer is unlikely to be a broadband provider and as such this is an unreasonable requirement that is not supported by national policy. Furthermore, the viability work in the evidence base does not provide a sufficiently robust assessment of the likely costs of providing this and therefore the impact on the viability of the proposed allocation has not been adequately assessed. This is unsurprising as the likely work is unknown and this only serves to highlight the unreasonableness of the request.
For the reasons explained above, amend criterion C(a) to require a developer to ensure that the design of the development allows for the provision of broadband service via an alternative technology provider rather than require the developer to actually provide the facility.
BE16
The wording of criterion A does not reflect the wording of the NPPF at paragraph 109, which reads:
"Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe." It is therefore inconsistent with national policy.
For the reasons explained above, criterion A should be amended to read: Developments should not give rise to an unacceptable impact on highway safety and the residual cumulative impacts on the road networks should not be severe.
BE18
Criterion B(a) requires development proposals to dictate the decision-making process. It is assumed that this is an error in drafting and that it will be for the Council to ensure that the requirements referred to are factored into the decision-making process. Such a requirement is best-placed in the supporting text with clarification that it will be the way in which the Council will handle decision-making.
Criterion B(f) requires improvements to be made to the water environment. Such a requirement is not justified by national policy as it is not for development proposals to resolve existing issues - development proposals can only mitigate the impact of the development proposed.
Criterion B(g) requires development proposals to eliminate misconnections between foul and surface water networks. This can only be achieved where the whole site is being redeveloped and it cannot remove misconnections that are outside of the developers control. The wording of this criterion is not clear about the remit of the development proposal.
The concerns raised must be addressed as criterion C seeks financial contributions where the measures required are not possible. As worded, some of these requirements are not relevant to the development proposal or deliverable by the developer and therefore it would be unreasonable to seek financial contributions to such works.
For the reasons explained above:
* Delete criterion B(a) and add to the supporting text with clarification that this is how the Council will approach decision-making.
* Remove the reference to improving the water environment in criterion B(f) as a requirement for all development proposals
* Amend criterion B(g) to make it clear that the requirement relates the connections within the development site where the development proposals relate.
BE20
This policy, as written, requires the provision of allotments/growing space as part of any residential development. Neither the policy nor the supporting text identifies the scale of development where this policy would be applicable. Such a requirement will not be feasible on some allocated sites where site constraints mean that the area of developable land is reduced and where the scale of development does not support the provision of land for such a use.
It is considered an unreasonable and unnecessary requirement for any scale of residential development and should be restricted to the larger allocation sites of 500 units or more.
It is considered that this blanket requirement will reduce the development yield of individual allocation sites thereby creating a situation where the allocations do not deliver the number of units identified and contributing to the failure of the plan to meet the identified housing requirement. This would conflict with national policy.
For the reasons explained above, amend the policy to identify that the requirement relates to schemes of 500 units or more.
BE22
The policy identifies the potential for proposals to provide financial contributions towards new or improved facilities in the borough. Although it is noted that the sentence includes the phrase 'where appropriate' it is considered that the policy should make clear that the contributions will go towards facilities that are directly related to the development proposal to mitigate the impacts rising. It would not, for example, be appropriate or consistent with national policy if the contributions were for the improvement of play facilities that the residents of a proposed residential scheme would be unlikely - through proximity - to utilise or have an impact upon.
For the reasons explained above, amend criterion A to make it clear that the financial contributions will relate to facilities that are directly related to the development proposals and the impacts arising.
HP06
Footnote 46 of the NPPF is clear that the optional technical space standards can be used where there is clear need for the standards to be applied. This is reinforced by the PPG. The supporting text for the policy refers to the need being identified in the Council's AMR. The AMR available on the Council's website does not appear to make reference to any such need being identified and there is no other document in the evidence base to demonstrate the need for the application of these standards has been identified and tested.
Furthermore, there is no evidence that an assessment has been undertaken regarding the implications of delivering these standards on the density of development. This is significant as larger properties have the potential to reduce the likely yield achievable and/or result in the loss of land required to meet other standards, such as on-site open space requirements. This gives rise to the potential for the plan to fail to meet the identified housing needs and would render it ineffective.
For the reasons explained above, the Council must either delete the requirement to comply with the technical standards or else provide the evidence necessary to support the policy and demonstrate the implications for development densities. This evidence should be clearly referenced in the supporting text of the policy.
NE03
The wording of this policy is such that it would prevent the loss of any tree or hedgerow within the development site. This is significant as many of the allocated sites include existing trees/hedgerows that are arguably of some value and will have some ecological value. The loss of such trees/hedgerows may be necessary to secure the satisfactory development of the site and deliver the level of development envisaged by the allocation.
It is sensible therefore that the policy reflects the potential for the impact of the loss of some trees/hedgerows to be outweighed by other benefits arising from the development proposal.
This would be consistent with national policy and ensure that the plan can deliver the level of development that has been identified as necessary. Failure to recognise this could render the plan ineffective.
For the reasons explained above, amend the policy to acknowledge that the adverse impacts arising from the loss of trees, woodlands and hedgerows will be balanced against the benefits arising from the development, especially where allocated for development. The wording of the policy can still identify a preference to retain such features within development proposals but must acknowledge the potential for some losses to be inevitable in order to deliver the site allocations or secure an otherwise satisfactory development.
NE12
Criterion A(d) requires the provision of community benefits in order to redevelop PDL in the Green Belt. This is not a requirement set out in paragraph 145 of the NPPF and therefore it is inconsistent with national policy.
Criterion A(e) requires the provision of travel links. This is a potentially onerous requirement for the scale of development that may be proposed and again is not a requirement set out in paragraph 145 of the NPPF. It is therefore inconsistent with national policy.
Delete Criteria A(d) and (e) in order to comply with the NPPF.
NE13
Criterion A of this policy requires the delivery of significant community benefits and the wording of the supporting text advises that this is to 'repay' the loss of Green Belt land. The Council has identified Green Belt land for development as it does not have
sufficient non-Green Belt land to meet the identified housing need. The release of these sites is therefore required to meet these needs and by doing so will self-evidently provide significant community benefits. The requirement for additional provision above and beyond this suggests that the developer has a choice of sites to develop, which is clearly not the case as other non-Green Belt sites would be identified if it were.
This requirement is therefore unreasonable, unjustified and inconsistent with national policy.
Criterion B advises that allocated sites 'will be' deallocated from the Green Belt. As the removal of land from the Green Belt can only come about through the preparation of a development plan this de-allocation must happen upon adoption of the plan and not presented as a future intention.
For the reasons explained above, delete criterion A and amend 'will be' in criterion B to 'are'.
SP01
The wording of criterion D(d) does not reflect the wording of the NPPF at paragraph 109, which reads:
Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.
It is therefore inconsistent with national policy.
To reflect paragraph 109 of the NPPF, criterion D(d) should be amended to read:
d. ensures the proposal would not give rise to an unacceptable impact on highway safety, or give rise to a severe residual cumulative impact on the road network.
SP02
The housing requirement set out in the policy is based on an out-of-date method for calculating the LHN. The supporting text indicates a figure that relates to the 2016 HHP when the most recent advice is that the 2014 HHP should be used. This is significant as the Council has chosen to add a buffer to this figure to allow for the supply of housing to be maintained.
The 2014 HHP with the 2017 affordability ratios applied reveal that the base need is 452 rather than 350 as the Plan states. Although this is broadly similar to the 456 per annum figure allowed for in the policy, it does not allow for the buffer that the Council has considered necessary.
This raises potential consistency issues with national policy that may influence the ability of the plan to deliver the housing required to fulfil the identified need.
For the reasons explained above, the justification for the housing requirement figure will need to be reviewed and updated accordingly. The Council will need to ensure that it can robustly defend the figure that it has put forward. The current wording of the supporting text and the evidence base referred to does not currently provide a robust defense.
SP03
The policy presents an unnecessary burden on those developers bringing forward allocated sites where the infrastructure capacity on an area should have already been identified through the plan-making process, as required by the PPG. It is considered that HIA should be confined to strategic sites (500 units or more) to reflect the fact that, in line with the PPG, they are required where significant impacts are anticipated.
Other impacts referred to in the policy are a standard part of the development management process and do not warrant a further assessment to be included with the application. These are adequately summarised in criterion A of the policy.
Furthermore, the criterion C places the burden of delivery of health and social care facilities on the developer. The developer is unlikely to be a health and social care provider and therefore cannot reasonably be expected to deliver such facilities.
It is also important to acknowledge that the developer of an individual site cannot be expected to address existing deficiencies in an area. This is important as it may be that such facilities are entirely absent in any area where development is allocated despite the existence of an existing need. In such case, the wording of the policy means that a developer could be required to provide more than is necessary to mitigate the impacts arising from the development.
The issues identified above raise conflicts with national policy and could prejudice the deliverability of individual sites, thereby undermining the effectiveness of the Plan.
For the reasons explained above:
* Amend criterion C to raise the threshold to 500.
* Remove the requirement for the developer to deliver the necessary health and social care facilities
* Ensure that it is clear that the developer is only expected to contribute to improvements necessary to mitigate the impact of the development where such facilities are already in place.
SP04
Criterion A of the policy expects developers to guarantee the sustained provision of infrastructure. It is important to recognise that developers are rarely the infrastructure provider and therefore have no control over the sustained provision of the infrastructure that they contribute to.
The responsibility for sustained provision rests with the infrastructure provider and this should not be transferred to the developer. To do so conflicts with national policy.
Criterion F requires a Financial Viability Assessment where there is conflict with planning policy requirements. It does not specify which policy conflicts would trigger this need and so as currently written would apply to any such conflict. This presents an unreasonable and unnecessary burden for a developer where the conflict arises because it of feasibility issues rather than viability issues. There may also be sound material considerations for departing from a particular policy and those reasons may have nothing to do with viability. The blanket requirement for such an assessment is contrary to the PPG and national policy.
For the reasons explained above, remove the last sentence of criterion A and amend criterion F to confirm what policy conflicts trigger the need for a viability assessment.
SP06
The policy does not define what it considers to be a 'large complex allocation site' and as such could impose a blanket requirement for the submission of a masterplan and a design code as part of the submission for all allocated sites. This is considered to be an unreasonable and unnecessary burden that is not supported by the NPPF or the PPG and is not justified by the individual site allocations.
It also has the potential to slow down the delivery of sites, which for a borough with a poor track record of delivery is not sensible.
For the reasons explained above, clarify in the policy which of the allocated sites fall within the definition of a 'large complex allocation site'.
The issues raised are complex and would benefit from discussion at the Examination.

Attachments:

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 24019

Received: 19/03/2019

Respondent: Croudace Strategic Ltd

Agent: Barton Willmore LLP

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Policy SPO4 should be more explicit on the exact nature of requirements that the developer may be required to meet to avoid overly onerous requirements or confusion over cumulative impact and phasing with other developments and therefore this policy is not "justified" and is unsound.

Full text:

1.0 INTRODUCTION
1.1 These Representations on the Brentwood Borough Council Reg 19 draft Local Plan have been prepared on behalf of Croudace Homes who are promoting their site (Officers Meadows - site number 034), which falls within the broader allocation of "Land North of Shenfield". The allocation encompasses several land ownerships, including Sites 158, 235, 087, 263 and 276, as well as the "Officer's Meadow" site (034), all of which make up the allocation Policy R03. It should be noted that Croudace Homes has controlling land interest in Site 034 only, therefore whilst development proposals have taken the other sites into account, this document is in respect of the "Officer's Meadow" site.
1.2 "Land North of Shenfield" was previously promoted through the Reg 18 Local Plan process (see Site Allocations Map Jan 2016 which supported the Draft Local Plan) historically as one of three separate strategic sites, now shown in the Reg 19 draft Local Plan site allocation as one site, "Officer's Meadow and surrounding land" (ref. Policy R03) allocated for residential development. The "Officer's Meadow" site is the focus of these Representations to the Reg 19 draft Local Plan and is hereby referred to as "the Site".
1.3 These representations are submitted to the Local Plan consultation document and set out our support for the Brentwood Borough Council (BBC) Local Plan in terms of the proposed spatial strategy and the identification of the Site as an allocation for growth.
1.4 These representations are focused on the Site allocation and demonstrate that the allocation is "sound" and deliverable having regard to National policy and a number of technical matters for the Site. It also reviews the Local Plan in terms of soundness of the Duty to Co-operate, the proposed spatial strategy (inc. Sustainability Appraisal) and other policies in the Plan including for Development Management purposes.
1.5 These representations are supported by technical reports included as appendices, which, on behalf of Croudace Homes, provide the background evidence to support the allocation and demonstrates it is "suitable", "available", "achievable" and therefore "deliverable". This will be referred to in these representations and it has regard to BBC's Evidence Base. The technical reports prepared by the consultant team, detail matters concerning:
* Transport;
* Landscape/Green Belt;
* Drainage;
* Noise
* Ecology;
* Archaeology; and
* Masterplanning.
* Shenfield High School "All through" education provision proposals.
1.6 The following sections of these representations are set out as follows:
* Section 2.0 - National Policy;
* Section 3.0 - Duty to Co-operate;
* Section 4.0 - Local Plan Strategy;
* Section 5.0 - Policy LP R03 -Land North of Shenfield (Officer's Meadow);
* Section 6.0 - Delivery of Land North of Shenfield (Officer's Meadow);
* Section 7.0 - Soundness of other policies in the Local Plan; and
* Section 8.0 - Conclusion.
2.0 NATIONAL POLICY
2.1 This section provides an overview of the NPPF with particular regard to plan-making. Other policies in the NPPF will also be referred to later in these representations.
i) National Planning Policy Framework
2.2 On 24 July 2018, the revised National Planning Policy Framework (2018 NPPF) was published by National Government, setting out the planning policies for England and how these are expected to be applied in both plan-making and decision-taking. Post 24 January 2019 any plans submitted after this date must refer to the revised NPPF. This document therefore focusses on the revised 2018 NPPF.
2.3 The revised NPPF introduces the Government's standardised methodology for assessing housing needs. For those LPAs which do not submit plans within the NPPF's transitional period, the standard method will apply as a starting point for assessing housing needs.
a) Plan-Making
2.4 The NPPF 2018 (Para 35) sets out the requirement for Local Plans to be examined by an independent Inspector whose role is to assess whether the Plan has been prepared in accordance with legal and procedural requirements, and whether it is "sound". An LPA should submit a Plan for Examination which it considers is "sound" - namely that it is:
* Positively prepared (as a minimum seeking to meet the area's objectively assessed needs);
* Justified;
* Effective; and
* Consistent with national policy.
2.5 These representations will assess the Pre-Submission Local Plan against the tests of soundness, as above. The next section details the Duty to Co-operate in this regard.
3.0 DUTY TO CO-OPERATE
3.1 This section considers the legal compliance and procedural matters associated with the Local Plan with regard to the "Duty to Co-operate".
i) Policy Framework
3.2 The "Duty to Co-operate" as provided for in Section 110 of the Localism Act 2011 came into effect on 15 Nov 2011. The "duty" was introduced under the 2011 Act to address the impact of the loss of the "top-down" effect from the Regional Strategy and to offer a transparent way in which LPAs should relate to one another on cross boundary issues. The "duty" is now shared between LPAs requiring them to collaborate on cross-boundary matters and issues of sub-regional and regional importance, especially housing provision and infrastructure issues.
3.3 The NPPF 2018 (Paras 24-27) is clear in directing LPAs as to the importance of the "Duty to Co-Operate" and the pro-active approach necessary to ensure a collaborative approach to reflect individual local plans.
ii) BBC's 'Duty to Co-Operate' (DtC)
3.4 The NPPF recommends that where a Housing Market Area (HMA) extends across more than one local authority plan makers should assess need for housing for the whole HMA, rather than just the individual authority. The SHMA (Oct 2018) sets out that Brentwood District is a self-contained Housing Market Area (HMA). On this basis, no further joint evidence base documents were commissioned, but strategic work continues with South Essex Councils.
3.5 The Objectively Assessed Need (OAN) for BBC amounts to 380 dwellings per annum (dpa) as the SHMA advises that the Council plans on the previous OAN evidence (despite referring to 350 dwellings per annum (dpa) following the current guidance, for the period 2019-2029). In addition, the Council propose additional land allocations over and above "need" (20% above 380 dpa). This approach is welcomed in the SHMA guidance, as overprovision should provide additional flexibility in the supply and delivery of sites.
3.6 Since the draft Brentwood Borough Council Reg 19 Local Plan has been published, the PPG HENA details the standard method for assessing housing need and now clarifies that the 2014-based household projections published by the Office for National Statistics should be used to set the 'baseline' for the standard method calculation. The standard method number for Brentwood is 452 dpa.
3.7 The OAN is 7,752 dwellings during the Plan period (2016 - 2033) and it is welcomed that the Local Plan is seeking to meet this need in full (and potentially overprovide). This is addressed further in the housing strategy section to follow. The Plan also provides an equitable distribution of new homes across the HMA and this will be addressed under the Sustainability Appraisal.
3.8 It is evident that BBC has engaged with neighbouring authorities regarding cross-boundary matters as well as meeting housing need, as set out in the Duty to Co-operate Brentwood Position Statement (February 2019).
3.9 As part of the DtC the Borough would normally need to consider whether it is a sustainable location for unmet cross boundary need. However, as Brentwood is a Green Belt authority (89% is Green Belt), it is unlikely that Brentwood will be in a position to accept any unmet housing need from the South Essex housing market area. The Essex neighbours (Chelmsford and Epping Forest) both have plans submitted for examination that are not reliant on Brentwood accepting any of their housing growth.
3.10 Ongoing Duty to Cooperate work continues with South Essex as part of a strategic growth study and participation in a Joint Strategic Plan.
3.11 The Association of South Essex Local Authorities (ASELA) memorandum of understanding was recently signed by Basildon Borough Council, Brentwood Borough Council, Castle Point Borough Council, Essex County Council, Rochford District Council, Southend on Sea Brough Council and Thurrock Borough Council (Jan 2018). This highlights the constraints and challenges facing other local authorities in terms of meeting their housing needs, and emphasises the importance upon BBC in terms of meeting its own needs in full. We therefore welcome BBC's aspirations in seeking to meet its own needs and indeed in seeking to provide to some flexibility too.
3.12 Duty to Co-operate discussions have confirmed that immediate neighbouring authorities are aiming to meet OAHN within their boundaries, but some will have difficulties in this regard. However, as Brentwood is a Green Belt authority, it is unlikely that Brentwood will be in a position to accept any unmet housing need from the South Essex housing market area.
3.13 To ensure the Local Plan is justified and effective (NPPF, para 35), it is considered that the above issues should continue to be updated in the evolving DtC Statement (February 2019).
3.14 The Council needs to continue to have regard to neighbouring authority plans and adequately co-operate with neighbouring authorities, rather than awaiting the future joint strategic plan, as well as Essex County Council plans, and strategies of other relevant bodies.
3.15 This working can be further supported by the Duty to Cooperate meetings dealing with the strategic planning issues relating to the South East Essex 2050 Programme. Also, the Association of South Essex Local Authorities (ASELA) Statement of Common Ground which includes a commitment to joint working through the preparation of a Joint Strategic Plan for South Essex.
3.16 It is recommended that BBC continues to embrace opportunities to work with the other members of ASELA, as well as producing statements of common ground with its neighbouring authorities, which is a key element of plan preparation, in order to secure a "sound" Local Plan which meets the requirements of the Duty to Co-operate.
4.0 LOCAL PLAN STRATEGY
4.1 This section examines and provides commentary on the proposed spatial strategy in the Local Plan, insofar that it relates to the housing and employment provision, and the allocation of strategic sites for growth including within the Green Belt.
4.2 First, we set out our representations on the Sustainability Appraisal for the Local Plan.
a) Sustainability Appraisal
4.3 The BBC Sustainability Appraisal (incorporating Strategic Environmental Assessment) provides an assessment as to how the spatial strategy for the Local Plan was arrived (identifying, describing and evaluating the likely significant effects of implementing the plan).
4.4 The strategy has evolved from the early 'Pathway to a Sustainable Brentwood' Issues and Options document (2009), which set out a series of strategic objectives. The overarching priorities set out in the Interim SA (Jan 2018) are:
* Environment and Housing Management;
* Community and Health;
* Economic Development;
* Planning & Licensing; and
* Transformation.
4.5 In order to achieve these priorities the following plan themes have been set out (with associated objectives as set out in the SA):
* Managing Growth;
* Sustainable communities;
* Economic prosperity;
* Environmental protection and enhancement;
* Quality of Life and community infrastructure; and
* Transport and Movement.
4.6 Having regard to these themes and objectives, 10 No. reasonable spatial strategy alternatives were drawn up in the SA. The desire to deliver at least one large-scale, strategic site (likely for a mix of uses, to include both housing and employment) is quite well established, recognising: A) limited opportunities within settlements; B) no potential to export 'unmet needs' (as discussed); and C) the alternative of piecemeal Green Belt development dispersed widely has significant draw-backs (this option was appraised within the 2013 Interim SA Report).
4.7 A number of strategic site options have been examined over recent years, including through consultation and SA work, such that there is now a refined understanding of those sites that are genuine contenders for allocation through the Local Plan - There is specific mention of North of Brentwood and ....' the potential for expansion to impact 'in-combination' with other potential extensions to the urban Brentwood/Shenfield area, most notably the potential 825 homes on land at Officers Meadow (directly to the east)'.
4.8 The SA goes on to note that there is a need to give careful consideration to growth opportunities at Brentwood/Shenfield urban area.......Brownfield opportunities are limited; hence there is a need to examine Green Belt urban extension options. All land around the urban area is given brief consideration, with reference to the site options and the designated constraints that exist. Specifically:
North of Shenfield
A large area of land is bounded by the railway line to the east, and the A1023 to the west; plus there is a parcel of land to the north of the A1023, bounded by the A12. There are relatively few designated constraints, although considerations include a spur of Arnolds Wood Local Wildlife Site (LWS), and proximity to the railway and main roads. This land parcel comprises three HELAA sites, all of which are preferred allocations at the current time (Officer's Meadow; Land east of A1023; and Land north of A1023).
[SA of Brentwood Local Plan, January 2019 - page 113]
4.9 Of the options considered, the SA concluded that "Option 3" Dunton Hills Garden Village only, in addition to the sites that are a 'constant' across the reasonable alternatives, was the preferred option for growth as it performs well in terms of the majority of sustainability objectives. Furthermore, the option of identifying the delivery of 'constant' sites was also preferred with the objective of meeting both short and long-term needs.
4.10 We fully support and consider the approach of the Sustainability Appraisal to be "sound" in terms of alternative strategies assessed for the Local Plan and consider that the most sustainable option has been arrived at.
4.11 The SA reviewed site options that could deliver the proposed spatial strategy. This includes "suitable" sites as derived from the SHLAA against a series of 12No SA criteria including Housing, Landscape, Community and well-being and other sustainability considerations. This included a "red, amber, green" assessment of sites as against the selected 12No criteria. We support this approach and consider it to meet the requirements of the SEA in terms of the assessment of environmental impacts - this includes BBC's assessment of the Site at North of Shenfield for which we also fully support and consider to be "sound".
4.12 The process allowed for two strategic site options to be discounted (considered 'unreasonable') given planning/sustainability considerations and deliverability considerations. The extent of reasonable sites has been restricted to balance the need to meet housing needs as well as ensuring that pressure will not be put on infrastructure nor pose a serious risk to air quality, local amenity, natural and heritage assets and biodiversity.
4.13 Our Client's considerations of the Council's Sustainability Appraisal have been informed by the accompanying "Review of Sustainability Appraisal" (Barton Willmore EIA, March 2019), which is attached to these representations. (See Appendix 01).
4.14 The preferred approach is Option 3, which involves allocating Dunton Hills Garden Village only, in addition to the sites that are a 'constant' across the reasonable alternatives (including Officers Meadows), and thereby putting in place an overall land supply sufficient to provide the required housing target dpa (assuming no delayed delivery).
4.15 We support the overall approach to the Sustainability Appraisal, insofar as:
* It follows a robust process in evaluating alternative options for growth as well as specific site options;
* The approach to individual site options is considered to be sound; and
* It is considered to be "sound" in that it arrives at the most reasonable option for growth - Dunton Hills Garden Village in addition to the sites that are 'constant' across the reasonable alternatives- as encompassing the allocation at Land North of Shenfield (034).
b) Housing Strategy
4.16 On 19 February 2019, MHCLG published the long-awaited outcome of the 'Technical consultation on updates to national planning policy and guidance', which clarifies the methodology for assessing housing need incorporated in the updated Housing and Economic Needs Assessment (HENA) Published on 20 Feb 2019. The standard method for assessing housing need is detailed in the PPG HENA and now clarifies that the 2014-based household projections published by the Office for National Statistics should be used to set the 'baseline' for the standard method calculation. The standard method number for Brentwood is 452 dpa.
4.17 In order to provide flexibility in the supply of housing sites, help boost delivery and to aim towards the standard method figure, the Council has proposed a further 20% supply buffer when allocating development sites in the Local Plan above the established annual housing figure of 380 dwellings per year, as set out in the SHMA. The buffer allows for an additional housing supply in the borough to be maintained throughout the Local Plan period and is supported in national planning guidance. The Reg 19 Draft Local Plan refers to 456 dpa based on the 20% SHMA uplift on 380 dpa.
4.18 The Local Plan sets out (Policy SP02) the OAN for housing in the Borough as being 7,752 dwellings during the Plan period (2016 - 2033); which when projected across the 17-year plan period gives an annualised housing delivery target of 456 new homes per year. The Council has not been able to identify a 5-yr HLS that delivers this current annualised requirement. When calculating HLS for our representations we have based our assumptions on 452 dpa which is the most up to date guidance (February 2019).
4.19 As a result of 89% of the Borough being designated Green Belt, the Council advises it is difficult to achieve a five-year supply, as many allocated sites within the Green Belt will not be available until the adoption of the Plan. On this basis a larger proportion of sites will not be delivered until after 2023, when they begin to benefit from detailed planning consent.
4.20 Therefore, a stepped trajectory is proposed, with an initial housing delivery target of 310 dpa to 2023 has been set, followed by a higher target of 584 dpa thereafter, which totals 7,752 homes overall in accordance with Policy SP02.
4.21 The Local Plan (Chapter 4, Policy SP02: Managing Growth) indicates that the residual requirement will be sought largely through new development being directed towards the site allocations set out in Chapter 8; and highly accessible locations along transit/growth corridors. These are as follows and seek to deliver circa. 4,500 units up to 2033:
Table 4: Strategic Sites [see attachment]
4.22 In terms of the allocation at Land North of Shenfield ("Officers Meadow"), this includes an overall requirement across the whole site allocation at Policy R03 for 825 units to be delivered in the Plan period. This delivery schedule is supported and is addressed further in the next section.
4.23 We support the housing strategy for the Local Plan and welcome that BBC is seeking to meet its housing needs in full. This is particularly important having regard to the likely inability of adjacent authorities (referred to on page 5) to meet their own needs. We therefore consider the housing strategy in the Plan to be "sound" in accordance with the NPPF (Para 35).
c) Employment Strategy
4.24 Policy PC02: Job Growth and Employment Land identifies that provision is made for at least 47.39ha of new employment land (B-use) to address the needs of the Borough up to 2033. To ensure that the Plan is more effective, it is recommended that this is followed by supporting text setting out the extent of need as derived from the Brentwood Economic Futures report (2018) and Strategic Housing Market Assessment (2018).
4.25 This need is proposed to be met through allocations set out at Policy PC03: Employment Land Allocations. This includes provision of appropriate new employment development on North of A1023 (part of the Land North of Shenfield R03 land use allocation). We fully support this aspect of the Plan including the broad strategy underpinning both the housing and employment allocations. The employment strategy for the Local Plan is justified and "sound" in line with the NPPF (para 35).
d) Five-Year Housing Land Supply
4.26 The Local Plan is unclear in terms of being able to demonstrate a 5-yr HLS of housing land for the purposes of the Plan.
4.27 The most recent AMR (Nov 2018) demonstrates that BBC currently has a supply of 4.1 years - against requirement of 411.6dpa (2,058 units over 5-years) which encompasses a 20% buffer as required by the NPPF and Housing Delivery Test. This is as a result of persistent under delivery, as delivery is currently calculated as 50.83% for BBC, below the 85% requirement.
4.28 The AMR 5-yr supply relates to the period 2018/19 - 2023 and concerns, inter-alia, sites with planning permission, existing commitments and strategic sites at Dunton Hills Garden Village, West Hordon Industrial Estate, Ford Headquarters, etc. The Plan's trajectory details the delivery at proposed allocated sites (2016/17 - 2032/33) amounting to 6,088 units.
4.29 The 2018 AMR suggests the delivery of 819 units (Allocations, Reg 19 Local Plan) within the same timeframe (2018-2023). The figure is derived from existing permissions, developments, allocations and commitments, as well as the 20% buffer, is 1,694.7 units, and concludes the supply is 4.1 years (as set out below):
Table 6: Five Year Supply Position (2018-2023) [see attachment]
4.30 The AMR 2018 refers to the PPPG: HELAA, which sets out how a 5-yr HLS is measured where LPAs have a "stepped" rather than annual average requirements; it states:
Five-year land supply is measured across the plan period against the specific stepped requirements for the particular 5-year period. Stepped trajectories will need to ensure that planned housing requirements are met fully within the plan period.
[Paragraph 017, Reference ID: 2a-017-20180913]
4.31 The AMR 2018 sets out (Table 4: Comparison of annualised housing delivery target and projected completions) a housing delivery target of 7,752 homes (456 dpa over the 17-year Plan period), together with annualised projected housing completions. The report states that from a comparison of this data an initial stepped requirement of 310dpa to 2023, followed by a higher stepped up requirement of 584dpa for the remainder of the Plan period, is a logical approach to reach 7,752 homes by 2033.
4.32 As a result of the high proportion of Green Belt in the Borough, it is extremely difficult to achieve the annualised 5-yr HLS requirement. This is because, as set out in the AMR 2018, sites on the edge of settlements currently within the Green Belt are not available for development purposes until the emerging Local Plan is adopted. Therefore, the potential for a stepped trajectory has been proposed, which delivers a greater proportion of the required homes beyond 2023.
4.33 The above demonstrates that BBC is not fully able to demonstrate a 5-yr HLS for Local Plan purposes. This position could be expedited by allowing allocated sites, such as "Officers Meadow" to come forward 1-2 years sooner, within the present 5-year period, to help meet the required 5-yr HLS position.
5.0 LAND NORTH OF SHENFIELD - POLICY R03
5.1 Land North of Shenfield (Policy R03: Strategic Site - Land North of Shenfield) is allocated in the Pre-submission Reg 19 Local Plan and the extent of the allocation is shown below:
Figure 1: Land North of Shenfield- Allocation Area [see attachment]
5.2 This shows the Site area as allocated as a whole; despite Land North of Shenfield having 6 land parcels within it, namely Site parcels 034, 158, 235, 087,263 and 276, as identified at Appendix 1: Housing Trajectory in the Reg 19 Local Plan and previously set out in earlier iterations of the Reg 18 Local Plan suite of documentation.
5.3 We set out below our comments on Policy RO3 and Appendix 1- Housing Trajectory in regard to the proposed delivery rates. This is largely supportive, however there are some aspects we do not consider to be "sound".
i) Amount and Type of Development:
a. Provision for around 825 new homes of mixed size and type, including affordable housing.
5.4 This criterion is supported/considered to be sound and "effective" in accordance with the objectives of the NPPF (para 61) relating to creating mixed and balance communities. The proposals for the Site will therefore be able to be delivered in accordance with this policy objective.
b. Provision of land (circa 2.1 hectares) for a co-located 2FE [additional text] primary school and early years and childcare nursery (Use Class D1). To be located adjacent to Alexander Lane. [additional text]
5.5 We largely support this criterion, albeit consider it should be amended (as above) to provide for greater clarity. Therefore as presently worded, we object to this criterion.
5.6 Forecasted figures contained in 'Commissioning School Places in Essex 2016-2021' indicate that there will be a deficit in pupil places by 2020/21 when accounting for demographic factors and the proposed uplift in residential development.
5.7 Earlier/recent work undertaken by the High School (and others) considered the anticipated need for a new 1FE Primary School. The proposed policy wording should clarify that it is now proposing a 2FE Primary School. We have prepared an accompanying note (Appendix 02) that reflects are discussions in this regard.
5.8 Consideration should be given to the location of the Primary School. Again, the recent work undertaken by the High School has examined this, inc the early years facility and nursery element, and that it should ideally be located on the existing school playing fields, just north of Alexander Lane. This would enable the Shenfield High School to deliver an 'all through' school provision, comprehensively expanding the educational offer available on-site.
5.9 The NPPF (para 94) seeks that LPAs take a proactive, positive and collaborative approach to meeting school place requirement and to development that will widen choice in education. The principles of this element of Policy R03 is therefore "consistent" with the NPPF, but the wording should be clarified further. We would be happy to continue discussions with Shenfield High School, BBC & ECC Officers in respect of seeking to agree the most suitable location for the primary school provision.
5.10 In terms of its own generated education requirements, the allocation would give rise to a need for a 1FE Primary School and financial contributions towards secondary school provision. Through positive discussions with Shenfield High School, we have been working closely towards its objective of becoming a "through-school" (by encompassing Primary provision) and contributing towards secondary provision (at the High School) on a pro-rata basis.
c. Provision for a residential care home (around 60 bed scheme as part of the overall allocation).
5.11 The principle of this criterion is supported/ considered to be sound and a care home could be accommodated on the 'Officer's Meadow' site, however this should be subject to the balanced and reasonable distribution of other infrastructure across the Site allocation as a whole. The NPPF (section 5) on "Delivering a Sufficient Supply of Homes" requires that housing need for different groups in the community should be assessed and reflected in planning policies. The provision of a residential care home in Policy R03 would contribute towards the offer of care for older people in Shenfield and is therefore "consistent" with the NPPF, in accordance with national policy and is deemed sound.
d. Provision for up to [additional text] 5% self-build and custom build across the entire allocation area.
5.12 The principle of this criterion is supported, but not as presently worded. We therefore object to this criterion in its present form.
5.13 Section 1 of the Self-Build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) requires each relevant authority to keep a register of individuals and associations seeking to acquire serviced plots for their own self-build and custom housebuilding. Whilst the provision of self-build and custom build should be considered, the evidence base for a 5% need across the entire allocation should be addressed against the local "needs register" and demand for such provision at the prevailing time.
5.14 In order to align with National policy, the evidence base and local need should be fully assessed before any commitment is made to the provision of this house type in this location. It is therefore considered that this element of Policy R03 is unsound.
5.15 It is recommended that this aspect of the policy is amended to "up to" 5% as shown above, to reflect prevailing "need" at the time.
e. Provision of 2ha of land for employment purposes.
5.16 The provision of 2ha of employment land as part of the wider allocation is agreed in principle. Employment land situated on land north of Chelmsford Road, as per the location identified in the BBC Site Analysis Overview report (Feb 2019), is supported, given its location adjacent the A12. This is the most appropriate location for such provision and is "consistent" with the NPPF (para 20). Therefore, and if situated in this location, this criterion is considered sound.
ii) Development Principles:
a. Comprehensive masterplan and phasing strategy to be prepared and considered as planning applications come forward.
5.17 We support this criterion and it is confirmed that development can come forward and be delivered within the timescale as shown in the housing trajectory. We also support a comprehensive masterplan and phasing strategy to set out effective phasing of the requisite infrastructure, as identified in the Infrastructure Delivery Plan (IDP) is "consistent" with the NPPF and is considered sound.
5.18 The overall needs of development must have regard to potential considerations in terms of viability in order to be fully "justified", something not yet addressed in the IDP, which should be rectified in the next iteration of the IDP.
b. Site is identified as a key gateway location and development should reflect this in terms of design quality particularly on land near to Junction 12, A12.
5.19 We broadly support these provisions and the concept masterplan sets out conceptually the land take for development in this location, including the key gateway employment location and residential, however this land is not within our Client's control and as such will be the subject of a separate planning application and detailed framework masterplan. In principle, and from an overall design perspective, this key gateway location is consistent with Section 12 of the NPPF and is "justified" and therefore considered sound.
c. Vehicular access via Chelmsford Road (A1023) and Alexander Lane.
5.20 It is recognised that the delivery of vehicular access via Chelmsford road and Alexander Lane is a necessity as part of these proposals. Our Client's accompanying Transport Strategy (Vectos, March 2019) provides evidence to support the development of the Officer's Meadow Site in terms of reducing the need to travel and providing opportunities for non-car travel. This is "consistent" with the NPPF, in particular Section 9 on "Promoting Sustainable Transport". The provision of access via both Chelmsford Road (A1023) and Alexander Lane allows for flexibility in terms of phasing and means that development can take place simultaneously in more than one location on the Site. It is therefore considered that this criteria is sound.
d. Potential for diversion of Alexander Lane, creating a quiet lane for pedestrians and cyclists, with the provision for new and improved route through the development site linking to Chelmsford Road.
5.21 The potential diversion of Alexander Lane is welcomed in terms of pedestrian safety and improved access. This is because a quieter Alexander Lane will improve access to local schools, pedestrian and cycle infrastructure and the existing PRoW, encouraging active mobility. This policy is therefore considered "justified" in light of the NPPF (para 102).
e. Enhancing sustainable links with Shenfield station and local services and facilities in the wider area.
5.22 The accompanying (Vectos) Transport Strategy confirms that the travel opportunities afforded by the service at Shenfield Railway Station and local bus routes will ensure that travel by public transport is a realistic option for future residents. The NPPF (para 102) states that opportunities to promote public transport use should be identified and pursued by Local Plans. This policy is therefore considered to be "consistent" with the objectives of the NPPF and is sound.
f. Provide well-connected internal road layouts which allow for good accessibility.
5.23 The development of Officer's Meadow would provide opportunities to encourage walking and cycling through new and improved routes and crossing facilities. Improving the accessibility within an already sustainable setting will also help to minimise vehicular traffic, in accordance with National policy. This is "consistent" with the NPPF objectives set out in both Section 8 "Promoting Healthy and Safe Communities" and Section 9 "Promoting Sustainable Transport" .
g. Provision for new multi-functional green infrastructure including public open space.
5.24 The provision of green infrastructure and open space throughout the Site is supported. The development of Officer's Meadow introduces the opportunity to introduce ecological corridors, open space and green infrastructure linkages, as well as enhancing the recreational resource and connectivity value of the Site. The NPPF (para 181) states that planning policies should maximise opportunities for green infrastructure provision and enhancement. This policy is therefore considered "effective" in terms of meeting the requirements set out in the NPPF.
h. Maintain and enhance Public Right of Way within the site and to the wider area.
5.25 Our Client's accompanying Landscape Assessment (Barton Willmore, March 2019) provides information to support the maintenance and enhancement of the existing PRoW on site. Although limiting development, this PRoW allows for the opportunity to introduce ecological corridors, open space and green infrastructure linkages. The NPPF (para 98) states that policies should protect and enhance the PRoW, including taking opportunities to provide better facilities for users. It is therefore considered that this policy is "consistent" and sound in accordance with the NPPF.
i. Protect and where appropriate enhance the Local Wildlife Site (Arnold's Wood).
5.26 Arnold's Wood comprises a narrow strip of Ancient Woodland to the north and the east of the Site. The accompanying Ecological Report (Aspect Ecology (March 2019) identifies this feature as a Local Wildlife Site, whereby appropriate conservation and enhancement through development is a priority. The NPPF (para 170) seeks that planning policies contribute to and enhance the natural and local environment by protecting valued landscapes and sites of biodiversity value, such as area of ancient woodland. The protection and enhancement of the Local Wildlife Site is therefore "justified" with regard to the NPPF, leading to the consideration of this policy as sound.
j. Provide for appropriate landscaping and buffers along sensitive boundaries adjoining the A12 and railway line.
5.27 Our Client's emerging proposals have been informed by a series of technical reports, including the Landscape Report, which provides for a planted buffer to be provided along the A1023 Chelmsford Road to help soften views of the proposed residential development at Officer's Meadow. This policy is therefore "effective" in terms of protecting residential amenity and enhancing the natural environment. The use of appropriate landscaping buffers is also in accordance with the NPPF (Section 15) on "Conserving and Enhancing the Natural Environment", making this criterion sound.
iii) Infrastructure Requirements:
a. Provide pedestrian and cycle crossing points across Chelmsford Road (A1023) where appropriate.
5.28 The accompanying Transport Strategy (Vectos) provides for new and enhanced pedestrian and cycle connections within the Site and to the wider area. As individual development parcels are separated by Chelmsford Road, pedestrian and cycle crossings are required where appropriate to allow safe connection between parcels (as identified in by Infrastructure Requirements). This criteria is therefore supported as the provision of crossing points across Chelmsford Road (A1023) will help to maximise opportunities for sustainable transport modes throughout the Site, to Shenfield railway station and various local services. The NPPF (para 104) states that planning policies should provide for high quality walking and cycling networks. This policy is therefore considered "consistent" with national policy.
b. Provision for improved bus service.
5.29 The provision of an improved bus service, with reference to the IDP, is supported. This criterion is sound in the light of Para 110 of the NPPF. It is therefore "justified".
c. The Site is located within a Critical Drainage Area. This development may have the potential to impact on the Critical Drainage Area in respect of surface water flooding. As a result of this, the site is likely to require an individually designed mitigation scheme to address this issue.
5.30 The majority of the Site is located within Flood Zone 1. As referred to in the accompanying Drainage Report (JNP, March 2019), the critical drainage can be dealt with by the creation of a surface water storage basin/wetland area to attenuate and release the overland surface water flows from off site at a reduced rate. An individually designed mitigation scheme can be implemented on-site via a variety of SuDS, in accordance with the provisions of the NPPF (para 163). These components will also adequately provide for surface water flows generated by the proposed development. The above criteria is therefore considered to be sound and "effective".
5.31 In addition to the above elements of physical infrastructure, and as mentioned previously in respect of other aspects of Policy RO3 allocation, we are also mindful of accompanying social infrastructure - in particular the educational needs of the resultant residents and the relationship with the adjoining Shenfield High School. It is therefore appropriate to reiterate our Client's willingness to work closely with the High School in helping to deliver its aspirations in providing for a "through school" (with Primary provision) and our off-site educational financial contributions will be directed to support this.
5.32 In overall terms, we largely support the provisions of Policy RO3 and have sought to reflect this is the accompanying illustrative concept masterplan, which demonstrates the delivery of the requisite infrastructure for the Site Allocation as a whole including:
- Social infrastructure - primary school, early years and nursery care;
- Transport infrastructure - pedestrian and cycle crossing points;
- Critical drainage mitigation; and
- Blue and Green Infrastructure.
5.33 The above demonstrates our overall support for the allocation of the Site and we can confirm that the proposed development is deliverable within the timescales established by BBC. The delivery of Land North of Shenfield ("Officer's Meadows") is addressed in the next section.
6.0 DELIVERY OF LAND NORTH OF SHENFIELD
6.1 A range of technical work and evidence has been worked up for the Site and which demonstrates the deliverability of the proposals. This technical input is set out in full in the Technical Representations accompanying these submissions.
6.2 This report therefore does not seek to repeat the technical material in full, instead it provides a summary of the main disciplines and how they relate to the delivery of the project.
6.3 This includes work in relation to the following disciplines:
i) Transport (Vectos);
ii) Landscape/Green Belt Assessment (Barton Willmore Landscape);
iii) Drainage (JNP Group)
iv) Noise (Sharps Gayler)
v) Ecology (Aspect Ecology);
vi) Archaeology (Albion Archaeology); and
vii) Masterplan (Barton Willmore Design).
6.4 Below is a brief summary of each of the update reports submitted in terms of the delivery of the scheme.
i) Transport
6.5 The accompanying Transport Strategy (Vectos) (Appendix 03) sets out the principle of a sustainable transport strategy for Officer's Meadow, reducing the need to travel and providing opportunities for non-car journeys. The proximity of the Site to local services and the proposed 'all through' school across the wider site will reduce trip generation and promote sustainable communities.
6.6 The Transport Strategy identifies the junction location i.e. A1023 Chelmsford Road/A129 Hutton Road/A1023 Shenfield Road and the appropriate mitigation measures, which include the implementation of MOVA or similar as a mitigation, in order provide adequate capacity. The access and egress via Alexander Lane will be provided in the form of simple priority junctions.
6.7 The new access points/roundabouts can be fully accommodated within the Site area and/or on highway land. Highways improvements are therefore deliverable as part of the comprehensive development for the scheme. As such, Land North of Shenfield is suitable for allocation in the Local Plan, in terms of highways and transport constraints.
ii) Landscape and Visual Appraisal/Green Belt Review
6.8 A Landscape and Visual Appraisal (BW Landscape) (Appendix 04) has been undertaken to provide a review of the landscape character and visual amenity of the Site and surrounding area. These aspects have informed the parameters of the illustrative masterplan and have demonstrated that the Site is suitable to be released through 'exceptional circumstances' for development, as addressed below. It supports BBC's removal of Land North of Shenfield from the present Green Belt designation, which presently washes over the entire Site and its surrounding environs.
6.9 Direct adverse impacts of development on the wider Green Belt setting would be minimised by locating strategic open space on prominent land, particularly in the north east the Site. Low density housing could be located in the most prominent areas, framing the retained Ancient Woodland area to the north and east of the Site. A PRoW also traverses the Site, enabling the introduction of ecological corridors, open space and green infrastructure linkages, as well as enhancing the recreational resource and connectivity of the Site.
6.10 Development of the Site would form a logical extension that is in keeping with the existing settlement, better connecting the ribbon development between Chelmsford Road and the settlement edge of Alexander Lane. In terms of visibility, glimpses of the Site can be seen from elevated views to the west. However, the landform ensures that it is largely well contained by a combination of vegetation cover and built form, restricting long-distance views. A landscape-led approach to development within the Site would seek to ensure that existing defensible boundaries continue to prevent unrestricted sprawl.
6.11 The LVA concludes that allocation of the Site would result in successful assimilation and integration of new residential development, with the potential for adverse effects on the landscape setting moderated, as required by the NPPF. The Site is considered to be of "low sensitivity" as it is of a low landscape value and the localised visual envelope of the Site, coupled with the surrounding land uses, lends itself to residential development. The Site makes a minimal contribution towards the 5No purposes of the Green Belt, making it suitable for release and able to contribute towards a suitable pattern of development for Shenfield.
iii) Drainage
6.12 A Flood Risk and Drainage Note has been prepared (JNP Group) (Appendix 05). This confirms the location of the majority of the Site within Flood Zone 1, where there is the lowest probability of flooding and where new development should be steered. A small part of the Site is located within Zones 2 and 3. Built development (housing, social infrastructure, etc.) will avoid Flood Risk areas.
6.13 All proposed buildings within "Officer's Meadows" are to be located in Flood Zone 1. Essential infrastructure which passes through a small area designated as Flood Zone 3 will be subject to the "Exception Test" and site-specific flood risk assessment to demonstrate safe access & egress from the site and that the development does not increase flood risk both on and off site. Safe access & egress will be provided off Chelmsford Road A1023 and Alexander Lane. Where affected, allowance for flood compensation storage will be provided to ensure no net loss in flood storage.
6.14 The critical drainage can be dealt with by the creation of surface water storage basins/wetland areas to attenuate and release the overland surface water flows form off site at a reduced rate. Development generated surface water flows can be dealt with via SuDS components and a storage basin/wetland attenuation area. The Site is therefore suitable and deliverable from a flood risk and drainage perspective.
iv) Noise
6.15 An assessment of "likely noise constraints" has been undertaken (Sharps Gayler) (Appendix 06) to identify potential constraints relating to noise and vibration upon Officer's Meadow. The below conclusion is based on a desktop assessment, informed by computer modelling of transportation noise sources in the area (A12, A1023 and the mainline railway).
6.16 Whilst there is a low to medium risk on the boundaries of the Site with Chelmsford Road and the rail line, the majority of the Site presents a low risk. At low noise levels, the Site is likely to be acceptable from a noise perspective, provided that a good acoustic design process is followed at the detailed application stage, particularly for development within 50m of Chelmsford Road and the rail line.
6.17 The assessment concluded that there are no significant constraints on Site in relation to noise. Land North of Shenfield is therefore suitable and deliverable from an acoustic perspective.
v) Ecology
6.18 An Ecological Appraisal has been undertaken (Aspect Ecology) (Appendix 07). This report confirms that the Site comprises a range of habitats including arable, woodland, grassland, watercourse, hedgerows, scrub and lines of trees. The woodland at the north-east of the Site, the watercourse and the hedgerows are of elevated ecological value and are considered to be important ecological features.
6.19 Protected species such as bats, badgers, dormice and reptiles have not been identified within the vicinity of the site at this stage. Although thought to have 'good' suitability for Great Crested Newt, a DNA survey (2015) found the pond nearest to the Site unlikely to support a Great Crested Newt population. A further Great Crested Newt presence/absence survey of all relevant ponds associated with the Site is to be undertaken in 2019.
6.20 The habitats at the Site are currently unmanaged from an ecology point of view and the development proposal presents the opportunity of securing suitable management practices, appropriate mitigation and 'net gains' in terms of biodiversity. When considering ecological constraints, the Site is therefore both suitable and deliverable, subject to further survey work.
vi) Heritage Assessment
6.21 A Desk-based Heritage Assessment (Albion Archaeology) accompanies these representations, which has also been informed by a preliminary walk-over of the Site. The accompanying report (Appendix 08) reviews the potential for below ground archaeological interest and potential impact arising from development on such features; as well as an assessment of any direct impact on potential heritage assets.
6.22 No heritage assets other than the crop mark of a bomb crater, have been recorded in the proposed development area. Other heritage assets comprise former buildings, the postulated course of a Roman road, find-spots and historic settlement cores, whose setting will not be impacted by the proposed development. The adjacent railway lines, roads, buildings and vegetation suggest that the proposed new buildings are unlikely to be visible from these heritage assets. The potential impact on the setting is therefore assessed as "no change". The significance of this impact is "insignificant".
6.23 The potential for archaeological remains has been assessed covering prehistoric to modern periods. In general terms the "significance" of any remains is low to moderate. Any potential impact of the new development on potential buried archaeological remains could be mitigated by measures to investigate and record the presence/absence of potential archaeological assets. Officer's Meadows is thereby deliverable from an archaeological perspective.
vii) Masterplan
6.24 The accompanying illustrative concept masterplan (BW Design) (Appendix 09) has been developed in response to the above technical information prepared for the Site.
6.25 This demonstrates the ability of the Site itself to deliver:
* Circa 510 homes ("Officer's Meadow" site) inc. affordable provision;
* The proposed dwellings can be delivered within the timescale of the housing trajectory, with varying densities;
* Other potential linkages to Chelmsford Road (A1023) and Alexander Lane;
* A 60-bed care home;
* A Local Centre/ community facility;
* Multi-functional green and blue infrastructure; and
* Sustainable transport links.
6.26 Moreover, the illustrative concept masterplan also demonstrates the delivery of:
* Significant areas of Public Open Space encompassing:
- Natural and Semi-Natural Green Spaces;
- Outdoor Sports Facilities; and
- Children's/Young People's Play Area.
* Primary School provision on the adjoining Shenfield High School.
6.27 The above provides an overview of the technical inputs to the Land North of Shenfield (Officer's Meadow) and which confirms that the Site and proposals for it are deliverable within the Local Plan context. The proposals for the Site form part of an iterative process and further information will come to light in advance of a planning application to ascertain the detailed parameters for the Site.
6.28 These matters will be "screened" for a full Environmental Impact Assessment for a subsequent planning application, and it is envisaged the EIA Screening will be submitted later in 2019.
7.0 SOUNDNESS OF OTHER LOCAL PLAN POLICIES
7.1 This section does not seek to comment on other specific allocations/sites. Instead it focuses on policies of relevance within the Local Plan and sets out our comments and recommendations on these in terms of the tests of soundness in the NPPF.
7.2 Policy SP01: Sustainable Development takes a positive approach towards "Presumption in Favour of Sustainable Development" and seeks to apply this in terms of planning applications, in accordance with the Development Plan. The NPPF (para 11) assumes a strong "Presumption in Favour of Sustainable Development" in all planning related matters and places a responsibility on LPAs to positively seek opportunities to meet the development needs of their area and to, as a minimum, provide for objectively assessed needs for housing and other uses. This policy is "consistent" with the NPPF and is therefore sound.
7.3 Policy SP02: Managing Growth seeks to support the delivery of homes by setting out provision for 7,752 new dwellings to be built over the Plan period 2016-2033, at an annual rate of 310 dwellings up to 2022/2023, followed by 584 dwellings from 2023/24-2033. This objective is not supported, as it is considered that this stepped trajectory which delivers a greater proportion of the required homes beyond 2023, could be reviewed to allow more housing to come forward from the period 2021 onwards. This is with particular reference to NPPF (para 23) which states that "strategic policies should provide a clear strategy for bringing sufficient land forward, and at a sufficient rate, to address objectively assessed needs". This policy is therefore "not consistent" with the NPPF and not sound.
7.4 We consider that in order to address this, the Council should review its housing trajectory and at the same time, clarify the new dwelling number ahead of the Local Plan submission, to align with the February 2019 agreed position on the 'baseline' for the standard method calculation.
7.5 The Council should, in addition, work with developers to bring applications forward in advance of the adoption of the Local Plan, to meet housing need.
7.6 Policy SP03: Health Impact Assessments (HIAs) states that Brentwood Borough Council is committed to ensuring all new developments promote healthier and inclusive environments. The majority of proposals will be required to assess their impacts on health and well-being upon the capacity of existing health care and social care services and facilities, the environmental impacts, and the promotion of health improvement activities, arising from the development. Developments of 50 or more units are required to submit a Health and Well-Being Impact Assessment, as required by the EPOA HIA Guidance Note.
7.7 This policy is considered to be unsound as it is not "justified". The requirement to undertake a Health Impact Assessment (HIA) is a superfluous burden on applicants. It should be down to the Local Plan to take into account wider health concerns in the local area and focus policies upon addressing these concerns. Health and well-being should be covered within the polices of the Local Plan and where a development aligns with these, an HIA should not be required.
7.8 Policy SPO4: Developer Contributions refers to the need for all new development to be supported by, and have good access to, all necessary infrastructure. 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.
7.9 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. The Infrastructure Delivery Plan (IDP) identifies the types of infrastructure required to support the anticipated growth in the borough and includes a summary of the current identified infrastructure projects.
7.10 Policy SPO4 should be more explicit on the exact nature of requirements that the developer may be required to meet to avoid overly onerous requirements or confusion over cumulative impact and phasing with other developments and therefore this policy is not "justified" and is unsound.
7.11 Policy SP05: Construction Management states that all major development should sign up to the Considerate Constructors Scheme, or equivalent. Major development must consider the cumulative impacts of other major development occurring in the vicinity, to reduce the cumulative impacts.
7.12 It is considered that this policy accords with the NPPF and is therefore found to be sound, with particular reference to NPPF (para 72) which refers to larger scale development supported by the necessary infrastructure and facilities.
7.13 Policy SP06: Effective Delivery of Development states that proposals for large allocation sites will be expected to be developed in partnership with the Council, infrastructure providers and other relevant organisations, through a collaborative masterplanning approach. Development proposals should submit a supporting statement setting out the sustainable long-term governance and stewardship arrangements for community assets including land, services and facilities such as village halls, community centres, libraries, parks, green spaces, and buildings for sports, leisure, healthcare, education, social, arts and cultural activities. This policy is overly onerous and therefore "unjustified". This policy is therefore considered to be unsound.
7.14 Policy BE02: Sustainable Construction and Resource Efficiency requires all development proposals to maximise the principles of energy conservation and efficiency. Whilst the NPPF (para 153) has regard to the inclusion of renewable and decentralised energy as part of a new development, it states that such features are only required where it is either feasible or viable. This policy is therefore not "consistent" with National Policy.
7.15 We therefore object to the policy in its present form. In order to ensure consistency with National policy, criteria (f) of Policy BE02 should be revised to mirror the NPPF position. Therefore, it is considered that proposed Policy BE02 is unsound.
7.16 Policy BE03: Carbon Reduction, Renewable Energy and Water Efficiency states that proposals for renewable, low carbon or decentralised energy schemes will be supported, subject to adverse cumulative and visual impacts, which cannot be satisfactorily addressed. Criteria (b) of the proposed policy sets out the minimum standards of sustainable construction and carbon reduction. It is Government policy to seek to deliver improvements to emissions from buildings through the application of building regulations. It is therefore considered that the table provided in proposed Policy BE03 is not required, and therefore this policy is "unjustified" and unsound.
7.17 Policy BE04: Establishing Low Carbon and Renewable Energy Infrastructure Network sets out that developments will be required to provide for the necessary infrastructure to meet the needs of the development, specifically stand-alone renewable energy infrastructure. The policy advises that new development of over 500 units, or where the clustering of neighbouring sites totals over 500 units, will be expected to incorporate decentralised energy infrastructure.
7.18 The supporting text refers to the need for District heating networks and the identification of Strategic allocations in the Brentwood IDP, including the Officers Meadow's masterplan area, that could provide opportunities for DH and CHP schemes as energy solutions for new development.
7.19 This policy is considered overly onerous and "unjustified" in relation to the NPPF and therefore unsound.
7.20 In order to make the policy more effective, it could set out that the delivery of renewable energy infrastructure should be required based on evidence of need and viability and a "viability assessment" (at the time planning applications are submitted/determined) - as per Policy SP04.
7.21 Policy BE08: Sustainable Drainage seeks that all developments should incorporate appropriate Sustainable Drainage Systems (SuDs) for the disposal of surface water, in order to avoid any increase in flood risk or adverse impact on water quality. Larger sites over 1 hectare in Zone 1 must be accompanied by a Flood Risk Assessment. Water runoff will comply with the requirements of this policy by provision of SuDS in the surface water drainage strategy. The NPPF (para 163) refers to the need for local planning authorities to ensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment. This aspect of the policy is therefore considered "consistent" with the NPPF.
7.22 Given the extensive nature of the development, opportunities exist to incorporate the above the SuDs management across the site both locally and site-wide. However, the requirement for prevention if run-off for all rainfall events up to 5mm is in excess of the SuDS manual and is therefore "unjustified". Unfortunately, this therefore renders the overall Policy BE08 to be unsound.
7.23 Policy BE10: Connecting new developments to digital infrastructure seeks to support Brentwood's economic growth and productivity by improving the offer of digital infrastructure available within the Borough. Whilst planning strives to achieve the highest possible standards of construction and performance for new dwellings, Council's should not seek higher standards than Building Regulations on any other technical standards. Proposed Policy BE10 is therefore "unjustified" in light of National policy and therefore unsound.
7.24 Policy BE11: Strategic Transport Infrastructure requires that development in proximity of the railway stations demonstrate how the scheme connects the surrounding walking, cycling and public transport links to the station, linking new developments with the fast high-capacity transport links into London from Shenfield and the improved linkages from the Elizabeth line. Development close to schools and early years childcare facilities should facilitate an attractive public realm that is safe for children and encourages walking and cycling to address the impacts of school run traffic, in line with ECC's Developers' Guide to Infrastructure Contributions. This aligns with the NPPF (section 9) on "Promoting Sustainable Transport". These considerations therefore appear to be "justified", in accordance with national planning policy and therefore the policy is sound.
7.25 Policy BE13: Sustainable Means of Travel and Walkable Streets and Policy BE16: Mitigating the Transport Impacts of Development refers to sustainable modes of transport that should be facilitated through new developments, promoting accessibility and integration into the wider community and existing networks. Any development requiring a new road or road access, walking and cycling facilities and public transport, will be required to have regard to the adopted ECC's Development Management Policies or successor documents.
7.26 The policies seek to secure developments that are, inter-alia, designed to make necessary contributions to the improvement of existing infrastructure and provision of new infrastructure; be consistent and contribute to the implementation of the Essex County Council's Development Management Policies and include Transport Assessments and Travel Plans. This aligns with the NPPF (section 9) "Promoting Sustainable Transport" and is therefore considered "justified" and sound.
7.27 Policy BE17: Parking Standards refers to the vehicle parking requirement set out in the most up-to-date Essex Parking Standards. The NPPF (para 105) states that when setting local parking standards policies should take into account: a) the accessibility of development b) the type, mix and use of development c) the availability of and opportunities for public transport d) local car ownership levels and e) the need to ensure an adequate provision of spaces for charging plug-in and ultra-low emission vehicles. This aligns with the flexibility allowed for in Policy BE17, whereby the imposed parking standards are subject to the site's ability to minimise pressure on land and encourage the use of alternative modes of transport.
7.28 However, Policy BE12 also deals with "parking matters", but is not aligned with Policy BE17. This adds further inconsistency, in addition to Policy BE17 itself being "inconsistent" with the NPPF. It is therefore presently unsound.
7.29 Policy BE18: Green and Blue Infrastructure requires that Brentwood's existing ecological networks, open spaces, and green/blue features within the built environment are protected, planned, enhanced and managed as a part of the Borough's wider network of green and blue infrastructure. Points A-I of Policy BE18 identify the measures by which development proposals can maximise opportunities to protect and enhance green and blue infrastructure, aligning with the NPPF (section 15) "Conserving and Enhancing the Natural Environment".
7.30 However, it is presently unclear how any net gains/losses and any associated requirements would be measured/calculated, or the mechanism by which the Council or developer would deliver this. This is therefore both "unjustified" and "inconsistent", and therefore unsound.
7.31 Our Client largely supports the principle of Policy BE18, but it also unfortunately includes the requirement for a developer to ensure there is sufficient foul capacity within the local network before a development commences. Whilst our Client would liaise with Anglican Water, it is ultimately the Water Authority's responsibility to ensure sufficient capacity. Therefore as presently worded, the policy is "unjustified" and is unsound.
7.32 Policy BE19: Access to Nature seeks that major developers provide direct access to nature and that this provision is protected, planned, designed and managed as an integrated feature of the landscape. Developments in areas that are more than 1km walking distance from an accessible green open space should also seek opportunities to improve resident's experience and interaction with nature by means of design. The NPPF (section 8) "Promoting Healthy and Safe Communities" states that planning policies should be based on robust and up-to-date assessments of the need for open space, this policy is therefore deemed to be "consistent" with the NPPF and sound.
7.33 Policy BE22: Open Space in New Development seeks that major developments provide functional on-site open space and/or recreational amenities, in accordance with standards set out in the Council's Open Space Standards (see Figure 5.4 Open Space Standards and Fig 5.5 Fields in Trust Children's Play Space Standards in the Reg 19 Local Plan). Maintenance Plans should be submitted at planning application stage for all new facilities provided for exercise or recreation purposes.
7.34 The Council's Open Space Standards seek proposals which meet the Fields in Trust (Guidance for Outdoor Play Space: Beyond the Six Acre Standard) minimum standards. The FiT standards relate to provision on the basis of hectares per 1,000 population generated. The Council's Open Space Standards are considered to be effective as they are based on FiT standards and are therefore "justified" and the policy is sound.
7.35 Policy BE23: Open Space, Sport and Recreational Facilities states that permissions will not be granted for the development of designated Protected Urban Open Space or Local Green Space unless it can be demonstrated that alternative and improved provision can be created, existing open space enhanced or no additional displacement within the Green Belt caused. As with Policy BE22, where appropriate all proposals will be required to comply with the Council's Open Space Standards which aim to meet those set out by FiT. It is therefore considered that policy BE22 is "justified" in line with national guidance and therefore sound.
7.36 Policy HP01: Housing Mix sets out that all new development should deliver an inclusive and accessible environment throughout. On development sites of 500 or more units, the Council will require an appropriate mix of dwelling types, sizes and tenures to meet the identified housing needs in the borough as set out in the Strategic Housing Market Assessment (SHMA). Each dwelling is to be constructed to meet requirement M4(2) accessible and adaptable dwellings, unless built in line with M4(3) wheelchair adaptable dwellings. A minimum of 5% self-build homes is to be provided, which can include custom housebuilding and provision for Specialist Accommodation, taking account of local housing need in accordance with the criteria set out in Policy HP04 Specialist Accommodation. Where a development site has been divided into parts, or is being delivered in phases, the area to be used for determining whether this policy applies will be the whole original site.
7.37 The objective of securing accessible and adaptable homes is supported, however, it is unclear as to how the "each dwelling to be constructed to meet requirement M4(2) accessible and adaptable dwellings, unless it is built in line with M4(3) wheelchair adaptable dwellings" is a fair and reasonable request.
7.38 The supporting text refers to DCLG research which shows that, based on English Partnerships figures from 2011-2012, nearly 30% of households have at least one person with a long-term illness and over 3% have one or more wheelchair user. While nationally 3.3% of households have a wheelchair user, for households living in affordable housing this rises to 7.1%. The rates are also higher for older households and, given that the number of older person households in the borough is set to increase over the period to 2033, the Council seeks to ensure 5% of affordable housing development on proposals of 60 or more dwellings archives requirement M4(3) wheelchair accessible dwellings.
7.39 This need for "all developments" to meet this target is not set out in the evidence or in the NPPG (referred to in the supporting text) and is therefore "unjustified" and unsound.
7.40 Policy HP03: Residential Density sets out that residential development proposals will generally be expected to achieve a net density of at least 35 dwellings per hectare net or higher. Proposals for new residential development should take a design-led approach to density which ensures schemes are sympathetic to local character and make efficient use of land. Proposals for housing developments should "Make an Effective Use of Land" in line with NPPF (Section 11). This policy is therefore "consistent" with the NPPF and sound, but must provide for a degree of flexibility to allow for local circumstances.
7.41 Policy HPO4: Specialist Accommodation the Council encourages and supports proposals which contribute to the delivery of Specialist Accommodation, as referenced in the Land North of Shenfield Site allocation "other types of specialist housing (to be provided) in accordance with the Council's policy requirements". This form of accommodation includes, but is not limited to, housing for older people such as Independent Living schemes for the frail elderly.
7.42 The Council's SHMA indicates that, if occupation patterns of Specialist Residential Accommodation for older people remain at current levels, there will be a requirement for 494 additional specialist units to 2033, aligning with the requirement in the Land North of Shenfield site allocation for provision of a residential care home (a 60-bed scheme as part of the overall allocation). This policy is also "consistent" with the NPPF section 5 (para 64 b) and is therefore considered to be sound.
7.43 Policy HPO5: Affordable Housing seeks to provide a portion of affordable housing on residential developments of 11 dwellings or more or on those which have a combined gross floorspace of greater than 1,000 sq. m (gross internal area).
7.44 The affordable housing requirement relates to 35% provision in all areas of the Borough. The Council requires that the tenure split be made up of 86% Affordable/Social Rent and 14% as other forms of affordable housing (this includes starter homes, intermediate homes and shared ownership and all other forms of affordable housing as described by national guidance or legislation) or regard to the most up to date SHMA. The affordable housing is to be designed in such a way as to be seamlessly integrated to that of market housing elements of a scheme and distributed throughout the development, so as to avoid the over concentration in one area.
7.45 Viability is referred to, but the policy does not go far enough. We would recommend that the policy includes a clause which requires a viability assessment to be submitted and considered whereby schemes are unable to meet the full affordable provision, which is not included at present. The policy is therefore "unjustified" and unsound.
7.46 Policy HP06: Standards for New Housing requires that all major residential developments meet the Government's nationally described space standard. It is considered that the standard is an appropriate tool to use when considering the provision of good housing. However, this should not be limited to major development, but should instead extend to all emerging residential development, whilst allowing for the consideration of local circumstances and site-specific conditions, in order to accord the NPPF (Section 12, Achieving Well-Designed Places). The policy is therefore "unjustified" in relation to need and viability (our emphasis) in accordance with the NPPF. The adoption of nationally described space standards is also at the discretion of the LPA and should be decided upon in a local context. The policy is therefore considered unsound.
7.47 Policy HP12: Planning for Inclusive Communities refers to the need to plan for and build inclusive environments that support communities. Proposals should provide access to good quality community spaces, services and infrastructure, encouraging social interaction, ensuring inclusivity and promoting safety. The policy is deemed "consistent" with NPPF (section 8) "Promoting Healthy and Safe Communities" which states that planning policies should aim to achieve healthy, inclusive and safe places which promote social interaction, are safe and accessible, and support healthy lifestyles. The policy is therefore considered sound.
7.48 Policy HP13: Creating Successful Places seeks that proposals meet high design standards, in order to deliver safe, inclusive, attractive and accessible places. Elements A-M of policy HP13 identify measures considered to create successful places, in accordance with section 12 of the NPPF on "Achieving Well-Designed Places". The NPPF (para 128) states that design quality should be considered throughout the evolution and assessment of individual proposals. Policy HP13 is therefore considered to be "consistent" with the NPPF and sound.
7.49 Policy HP16: Buildings Design seeks for development to be well designed and of a high quality, having regard to Development Management criteria including scale, density, layout, siting, character and appearance. This policy is considered to be "consistent" with the NPPF having particular regard to Section 12 on "Achieving Well-Designed Places" and therefore sound.
7.50 Policy PC02: Job Growth and Employment Land seeks that provision is made for 5,000 additional jobs in the Borough over the Plan period at a rate of 250 per year. NPPF Section 6 on "Building a Strong, Competitive Economy" sets out that planning policies should support economic growth, in order to create jobs and prosperity by taking a positive approach to sustainable new development. The strategic allocation at Land North of Shenfield supports economic growth and creates new opportunities and is "consistent" with national guidance and is sound.
7.51 Policy PC03: Employment Land Allocations highlights areas allocated by the Council for general employment and office development. Para 82 of the NPPF states that planning policies should recognise and address the specific locational requirements of different employment sectors. The allocations set out in policy PC03 are informed by the wider spatial strategy, which aims to retain the Borough's character and encourage employment growth in suitable locations, in accordance with national planning policy. This policy is therefore deemed to be "consistent" with the NPPF and considered to be sound.
7.52 Policies NE01: Protecting and Enhancing the Natural Environment (inc SSSIs) and NE03: Trees, Woodland, Hedgerows (inc Local Wildlife Site, Local Nature Reserves) work to restrict development that would have a detrimental effect on, or result in the loss of, significant landscape heritage or a feature of ecological importance.
7.53 Our Client wholly supports the principles of both of these policies, albeit as presently worded, they both contain contradictory requirements: Policy NE01 (para B) states that proposals that lead to deterioration or loss of the Borough's designated and non-designated biodiversity assets will not be permitted; whereas Policy NE01 (para C) goes on to state that where adverse impacts are unavoidable they must be adequately and proportionally mitigated (ie it appears to allow for deterioration where they are unavoidable and can be suitably mitigated).
7.54 Policy NE03 (para A) contains a similar contradictory approach to the provisions of the remainder of the policy - as with Policy NE01.
7.55 In the light of this both Policy NE01 and Policy NE03 are not inconsistent with each other, they are also "inconsistent" with National policy, "unjustified" and therefore unsound.
7.56 Policy NE05: Air Quality seeks to restrict development, which would directly or indirectly, impact air quality within the Borough. Measures to offset or mitigate those impacts are introduced as part of proposals to ensure that receptors would not be subject to unacceptable risk as a result of poor air quality. This policy is "consistent" with the objectives of the NPPF (para 181) and is therefore considered sound.
7.57 Policy NE06: Flood Risk requires that development avoid flood risk to people and property, managing any residual risk and taking account of the impacts of climate change. Developments should be located in areas with the lowest probability of flooding (Flood Zones 1 & 2). Where development is located within Flood Zone 3, the Exception Test will apply.
7.58 The NPPF (section 14) "Meeting the Challenge of Climate Change, Flooding and Coastal Change" states that inappropriate development in areas at risk of flooding should be avoided by directing development away from the areas at the highest risk. The majority of Policy NE06 therefore aligns with National guidance and therefore mostly sound. However, and as presently worded, it suggests tat applicants may be obligated to set aside land to provide flood management to benefit areas outside of that development. This is unduly onerous, inconsistent with National policy and therefore unsound.
7.59 Similarly, the entirety of a development area does not need to remain operational at times of flood (such as access roads), if there is an alternative safe means of escape that is provided. Subsection c) of Policy NE06 is therefore not justified and also unsound.
7.60 Policy NE09: Green Belt seeks that the Metropolitan Green Belt within Brentwood Borough will be preserved from inappropriate development so that it continues to main openness and serve key functions. Policy NE09 states that all development proposals within the Green Belt will be considered in accordance with the provisions of section 13 of the NPPF on "Protecting Green Belt Land". It is therefore considered that policy NE09 is "justified" and sound, in the light of national policy.
7.61 Policy NE13: Site Allocations in the Green Belt states that sites allocated to meet housing need, within the Green Belt, will be expected to provide significant community benefits. These are the "exceptional circumstances" for sites to be removed from the Green Belt to allow development to take place, providing new defensible boundaries and protecting the open countryside. The NPPF (para 138) states that, where it has been concluded necessary to release Green Belt land for development, plans should give first consideration to land which has been previously-developed and/or is well-served by public transport.
7.62 The allocated "Officer's Meadow" site provides opportunities for sustainable development and transport modes to be maximised, with its close proximity to Shenfield railway station, in accordance with National policy, leading to the consideration of Policy NE13 as "consistent" with the NPPF and sound.
7.63 The overall approach within the Development Management related policies is supported, however amendments to policy/Appendices of Local Plan is recommended in places as set out above. This would ensure robustness in terms of delivering a sound Local Plan that is positively prepared, justified, effective and consistent with national planning policy.
8.0 CONCLUSION
8.1 The Regulation 19 "Pre-Submission Local Plan" consultation document is supported. These representations fully support the allocation of Land North of Shenfield, which includes our Client's land at "Officer's Meadow". These representations focus mostly on land within our Client's control and are supported by a series of accompanying technical reports that support the proposed allocation.
8.2 Our Client supports the wider and comprehensive development of Policy RO3: Land North of Shenfield, which could ultimately for circa 825 dwellings (inc affordable provision).
8.3 Specifically, the land controlled by our Client represents the largest area of land within Policy RO3 and is largely supportive of the policy requirements set out in the Local Plan. Our Client is keen to work closely with the Borough Council and adjoining landowners to provide a comprehensive approach to development, and our Client's elements would comprise:
* Circa 510 dwellings (inc. Affordable provision)
* A new Local Centre, inc. potential healthcare;
* A 60-bed care home
* Significant areas of "Green" and "Blue" Infrastructure;
* Other community facilities, inc. sports provision.
8.4 These representations have also set out our Client's support of working closely with the adjoining Shenfield High School to provide for enhanced educational facilities. This would be in the form of funding towards on-site Primary provision to help create a "through-school", plus financial contributions to existing secondary provision (if required).
8.5 We would welcome the opportunity of discussing our concerns, with suggested amendments with BBC and ECC Officers at the earliest opportunity.
8.6 Subject to a number of modifications as recommended in this report, we consider the Local Plan to be largely sound in accordance with the NPPF.

Attachments:

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 24277

Received: 19/03/2019

Respondent: Strutt & Parker LLP

Agent: Strutt & Parker LLP

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Representation Summary:

There are no objections to the general approach expressed in Policy SP04 for developer contributions. However, section E is nether precise, necessary or justified and could be open to misinterpretation. It is therefore recommended that this be omitted.

Change suggested by respondent:

Section E is nether precise, necessary or justified and could be open to misinterpretation. It is therefore recommended that this be omitted.

Full text:

These representations are submitted by Strutt & Parker on behalf of Stonebond Properties Ltd. in relation to the Brentwood Borough Council (BBC) Proposed Submission Local Plan (Regulation 19) (PSLP), and in particular with regards to our client's land interests at Stocks Lane, Kelvedon Hatch. This is proposed for allocation under Policy R24 of the PSLP. Plans showing the site are included within the Vision Document at Appendix A to this representation. As the Council will be aware, representations have previously been made on behalf of the landowner, W H Norris & Sons, in respect of the land at Stocks Lane, most recently as part of the Regulation 18 Local Plan Consultation in March 2018. Since then the site has come into the control of Stonebond Properties Ltd, a local housing developer with considerable experience of bringing forward high quality homes on small and medium sites. As a result of the previous representations and discussions with officers at Brentwood Borough Council alongside the Local Plan process, this site and land at Blackmore Road (Site R23, Brize's Corner Field, also now under Stonebond Properties' control) have been proposed as sites for future residential development within PSLP. Stonebond's overall position is one of firm support for the PSLP and this is expressed where relevant in these representations, albeit with some overarching concerns, notably in relation to certain elements of the Policy R24 in relation to the amount of development, the expected time for delivery in the Plan period and certain elements of the PSLP's Development Management Policies. Where such concerns are raised, specific changes to the relevant policies are sought and these are indicated in the following representations in order to assist in BBC making the Plan more robust and improving its soundness in terms of being positively prepared, effective, justified and consistent with national policy. Stonebond Properties request the right for its professional advisors to provide further responses on any matters appropriate to their land interests at the relevant sessions of the Examination of the submitted Local Plan. Settlement Hierarchy: Kelvedon Hatch is confirmed as a Category 3 Larger Village as set out in the Settlement Hierarchy shown at figure 2.3 of PSLP. It states that these villages are characterised by the amount of amenities and services able to cater for residents' day to day needs. Kelvedon Hatch has a local centre with a range of services, facilities, access to public transport, and education services. The PSLP sets out that Category 3 settlements should seek to make the most of brownfield redevelopment opportunities, while limited urban extensions will be encouraged to meet local needs where appropriate. The population is stated as 2,124, making Kelvedon Hatch the second largest Category 3 Settlement behind Doddinghurst. Due to the proximity of Doddinghurst (around 1km to the east), there is a reciprocal relationship between the two villages in terms of the availability and access to services and other facilities. As a result, development at Kelvedon Hatch is clearly a sustainable location to which a proportion of the Borough's housing need should be directed. In addition, as an established community, it is important that the Local Plan provides for the growth of the settlement to ensure the vitality of the community is sustained or enhanced. In line with Paragraph 78 of the NPPF, growth in one village may have the added benefit of further supporting opportunities and growth in nearby surrounding villages. The two sites for additional housing in Kelvedon Hatch identified in the PSLP at Land at Stocks Lane (R24) and west at Blackmore Road (R23) are fully supported. The proposed allocation of these two sites is considered to be justified, consistent with national policy and necessary to ensure the sustainable growth of Kelvedon Hatch and the Borough for reasons set out elsewhere in these representations. Spatial Strategy - Vision and Strategic Objectives: Vision for the Borough: The Vision for the Borough set out at Section 3 of the PSLP is supported. For the reasons set out in these representations, carefully planned development at Kelvedon Hatch as provided for at Policies R23 and R24 will make an important contribution to BBC's housing needs to meet the Local Plan objectives. Indeed, these representations and those relating to R24 make the case that a modest and justified increase in the sites' ability to accommodate more homes will assist meet those aims and provide for greater flexibility in meeting housing needs. Stonebond Properties have undertaken detailed site assessments. These confirm that there are no barriers to delivery of development. As a consequence, the expressed objectives of development in the Vision to be landscape-led responding to a "design and build with nature approach firmly embedding high quality green infrastructure through public realm to create a seamless transition to our surrounding countryside" can all be achieved and delivered in the allocation of sites R23 and R24. This is demonstrated in the accompanying Vision Documents to this representation for R24. Managing Growth - Policy SP02: Managing Growth: Policy SP02 proposes a total of 7,752 dwellings be provided in the Borough between 2011 and 2033 with 310 homes per year to 2022/23 and then 584 per year from 2022/23 taking forward a "stepped delivery" approach to deal with a projected shortfall in the first 5 years of the PSLP. This is mainly because a greater proportion of homes to be delivered in the PSLP comprise sites located in the Green Belt, resulting in longer lead in times to delivery. Whilst we do not raise objections in principle to the stepped approach as far as our clients are concerned there is a prospect that some sites in the Green Belt have the prospect of coming forward earlier, particularly smaller and medium sized developments. This certainly includes this site R24, and R23 that is the subject of a separate representation. This matter is dealt with further at Section 8 below. Furthermore, and notwithstanding the stepped approach proposed, there are still issues with BBC's over-optimistic estimates and assumptions on the delivery of larger strategic sites proposed for allocation in the PSLP. BBC are effectively placing most of its "eggs in one basket." in the range of sites that are proposed in the PSLP. It is important to note that, of the new allocations, 4,578 homes are made up of strategic allocations (of which 2,700 are at Dunton Hills Garden Village and are to be delivered in the Plan period) and 1,510 are other allocations The strategic sites therefore represent 68% of the total number of new homes of which some 59% are allocated at Dunton Hills. The ability of larger strategic sites to come forward quickly has been the subject of recent assessments in the Independent Review of Build Out, the Letwin Review (2018); and issues with their complexity, have been ably set out in the Lichfield's study From Start to Finish (2016). Both provide empirical evidence that the early delivery of such sites can be problematical due to a range of factors, including establishing required infrastructure requirements and the timing of housing delivery associated with those requirements, as well as the prolonged or protracted nature of the planning process. The Lichfield's report confirms that the planning process takes, on average, 2.5 years for the planning application determination period for up to 500 units; this can double for sites over 1,000 units. Two of the strategic sites within the PSLP's allocations also comprise developed sites currently in employment uses. The strategic sites are expected to deliver some 1555 homes within 5 years of an assumed adoption in 2020/21. Given the issues set out above it is considered that this is unrealistic and it would not be justified or the most appropriate strategy to rely on these sites for short term housing delivery. It therefore emphasises the need to review the ability of smaller or medium sized sites such as R23 and R24 to provide for greater flexibility and more homes which have a far greater prospect for short term delivery to ensure the Local Plan is sound. Sequential Land Use: Paragraph 4.22 and 4.23 of the PSLP suggested that a sequential approach is to be taken to the determination of planning applications, referring only to prioritising brownfield land in urban areas and brownfield land in the Green Belt. The reasons for this are unclear when the PSLP strategy includes releasing land from the Green Belt to meet development needs which includes the sites the subject of these representations. The growth requirements set out by Policy SP02, and the sequential approach to meeting those requirements are referred to at paragraph 3.23, provide for the justification for the chosen spatial strategy. As a consequence, it is not justified to suggest that a sequential test be taken for the determination of planning applications and paras 4.22 and 4.23 should be deleted from the PSLP. SP04 - Developer Contributions: There are no objections to the general approach expressed in Policy SP04 for developer contributions. However, section E is nether precise, necessary or justified and could be open to misinterpretation. It is therefore recommended that this be omitted. Resilient Built Environment: We are generally supportive of the Council's objectives to achieve a resilient built environment. Nevertheless, there are concerns that the policies set out in the PSLP and as drafted may have an impact on viability, deliverability and affordability for housing development generally. We are aware of the representations made by the House Builders Federation (HBF) referring to sustainable construction (BE020), allotments (BE20), Green and Blue Infrastructure (BE18), access to nature (BE19), digital infrastructure (BE10), open space (BE22), electrical vehicle charging (BE15), housing quality (HP06). The implications of the requirements set out do not appear to have been fully considered as part of the viability assessment. As a consequence, we would suggest that the viability assessment for the PSLP is revisited to reflect on these requirements to better inform or provide clarity on the proposed policies. Policy BE01 - Future Proofing: Whilst the Council's objectives towards future proofing of development are broadly supported, it is questionable whether it is necessary to set out a detailed planning policy to this effect when a number of the criteria set out comprise a series of aspirations. It is of some concern that Part A of the Policy requires that all applications must take into account....... when the process of development management and determination of applications is far more prescriptive and binary in decision making. As a consequence, it is suggested that Policy BE01 should be set out as supporting text rather than a specific policy. Policy BE02 - Sustainable Construction and Resource Efficiency: Whilst the Council's objectives towards sustainable construction and resource efficiency are broadly supported, it is questionable whether it is necessary to set out a detailed planning policy to this effect when a number of the criteria set out comprise a series of aspirations. The requirement to submit details of measures that increase resilience to the threat of climate change at b. is also considered to be over prescriptive when such techniques may vary substantially. The general principles set out at para 5.19 are reflective of the fact that these matters ought more properly to be dealt with by supporting text rather than a specific policy. In addition, we are aware of comments made by the HBF on this policy and we support those comments. Policy BE20 - Allotments and Community Food Growing Space: Whilst the Council's aspirations for providing allotments are acknowledged, the policy as set out provides for no clear thresholds as to when such space should be provided which is not justified in the terms set out. On this basis, it is recommended that the policy should either be omitted and dealt with by the text to the PSLP or justified against thresholds or site specific requirements. In this respect, it may be that large strategic sites may need to include a requirement but it is certainly not necessary for smaller or medium sized sites, such as those the subject of these representations. Policy BE22 - Open Space in New Development: The policy is broadly supported. As can be seen from the Vision document that accompanies these representations, our proposed scheme for R24 makes provision for such space. It is nevertheless questionable whether it is necessary for all open space to be fully equipped (D.). The need for equipped space should also be related to the amount of development proposed and/or availability or local equipped areas. As a consequence, it is recommended that criteria D is amended to be refined to provide clarity on when equipped open space is required eg. on sites over 50 homes. Housing Provision: Policy HP01 - Housing Mix: The Council's approach to providing for an appropriate mix of dwelling types is generally supported. However, the Policy as set out refers to the Borough wide requirements in the Strategic Housing Market Assessment (SHMA) and does not necessarily take into account a local area or sub area within the Borough. It is important to note that the SHMA requirements, at Figure 6.1, confirms that it is an indicative mix guide for market housing. It is also noted that para 6.5 confirms that the final mix will be subject to negotiation. This is welcomed on the basis that some flexibility will be necessary in certain circumstances as part of the planning application process. As a consequence, it is suggested that para 6.5 should provide greater clarity and a minor change confirming that the final mix will be subject to negotiation "as part of a planning application" rather than "with the applicant". We are aware of the representations submitted by HBF regarding accessible homes and justification. We support those views. It is questionable whether it is necessary for the PSLP to set out in planning policy the requirements of Building Regulations. Policy HP03 - Residential Density: We support the PSLP's approach to residential density as set out in Policy HP03. This is considered to be justified based on the evidence and consistent with the national policy. As far as our client's land interests are concerned at R23 and R24, both sites are capable of providing an increased density to that expressed for the relevant policies R23 and R24. However, part B of the policy quite properly acknowledges that a chosen density should take into account the character of the surrounding area and other site constraints. This is supported. A further explanation of suggested density or yield for R24 is set out at Section 8 below. Policy HP05 - Affordable Housing: We note that the SHMA provides justification for the affordable housing requirements. However, it is questionable whether the precise tenure/mix should be set out at B(a) of the Policy, given that requirements can change relatively quickly over time and the prescriptive approach may not take into account precise local needs. As a consequence, it is recommended that the criteria under B(a) should omit the reference to 86% and 14% proportions. It is suggested, in the alternative, that "the mix, size, type and cost of affordable homes will meet the identified housing needs of the Council's area and local needs as appropriate, established by housing need assessments including the SHMA". Design and Place-making: The approach set out in the PSLP for design and place-making is broadly supported. However, we note that there are effectively seven policies (HP12 - HP18) which provide the requirements against these matters. We also note that there are some areas of repetition on some of the objectives against those policies. We consider that those commenting on and determining applications should preferably have one or two identified policies to refer to and/or applicable thresholds to more succinctly set out requirements. This would ensure that planning applications can be more effectively judged against context, design and place-shaping criteria. Natural Environment: We generally support the Council's approach to Green Belt and the identification of suitable sites to meet the Council's housing and other needs. Accompanying these representations is an overview of the Green Belt and Landscape Sensitivity considerations relating to Stonebond's land interests at R23 and R24 to confirm the suitability of removing those sites from the Green Belt and limited impact on the landscape. Policy NE13 - Site Allocations in the Green Belt: We welcome the PSLP's intentions to remove sites R23 and R24 from the Green Belt. This calls into question the need for Policy NE13. The requirements set out by criterion A and B are dealt with by other policies in the Plan. If there are site specific requirements relating to sites, these should be covered within the specific policies relating to those sites. Site Allocations: Policy R24 - Land off Stocks Lane: The proposed allocation of Land off Stocks Lane as Policy R24 and its removal from the Green Belt is considered sound and is fully supported. It has been established through the evidence base supporting the PSLP that Kelvedon Hatch is a sustainable location to accommodate a modest amount of new houses to contribute to the Borough's housing needs. Indeed, as recognised by para 68 of the NPPF and as a medium sized site, such sites make an important contribution to "meeting the housing requirement of an area and are often built out quickly". We do however have some concerns with the amount of development set out at A of the Policy and the indicative yield at page 340 and the suggested trajectory for the site at Appendix 1. These matters are dealt with below. Supporting these representations is a Vision Document at Appendix A, a review of Green Belt and Landscape Sensitivity at Appendix B and a Summary Drainage and Utility Appraisal at Appendix C. These all confirm that the development at the site is both justified and fully deliverable within the terms of para 67a) of the NPPF. The Vision Document demonstrates that careful consideration has been given to the emerging policies set out at BE01, BE08, BE22, as well as those relating to Design and Place-making at HP12, HP13, HP14, HP15 and HP18 of the PSLP to confirm that a scheme can meet the PSLP objectives in this regard. The Summary Drainage and Utility Appraisal at Appendix B confirms that there are no constraints to delivery. In addition, Stonebond Properties commissioned a transport appraisal from Ardent Consulting Engineers. This has confirmed that the location of the access shown in the Vision Document meets normal highway requirements in terms of safety and visability. This has been confirmed in speed surveys undertaken in Stocks Lane. The Green Belt and Landscape Sensitivity Assessment at Appendix B confirms that the release of the site from the Green Belt is justified. It also confirms that there would be no significant impact on the surrounding landscape. Part A of Policy R24 suggests that there be provision for around 30 new homes on the site. Part A Policy HP03 of the PSLP requires proposals to take a design led approach to density to ensure schemes are sympathetic to local character and make efficient use of land. Part B expects development to achieve a net density of at least 35dph unless the special character of the surrounding area suggests that such densities would be inappropriate. The suggested amount of 30 homes set out for Policy R24 does not currently reflect these requirements or provide an accurate representation of what is achievable on site. 30 homes represent 18.6dph which clearly does not represent an efficient or effective use of the land contrary to the objectives of HP03 and the supporting text set out at 6.18 to 6.20 and 6.22. The Vision Document confirms that around 45 homes can actually be provided on the site representing a far more efficient and effective dwelling yield. 45 homes would represent a density of approximately 28dph. Whilst this does not achieve 35dph, the Vision Document demonstrates that full account has been taken of the objectives of HP03 to ensure that a scheme would be sympathetic to local character. Critically, the illustrative scheme shows provision for open space within the site to meet the objectives of Policies HP13 and BE22. These policies provide for functional on-site open space. As such, achieving a greater density would be problematical. In addition, it is important to note that the site is on the edge of the settlement where there is a need for sensitivity, having regard to the countryside to the east and south. Para 6.22 of the PSLP confirms that efficient land use is critical to the delivery of this Plan for the reasons set out at Sections 4 and 6 above against this background, it is recommended that amendments are made as follows: Policy R24A - substitute 30 new homes with 45 new homes; Page R24 - indicative dwelling yield substitute 30 with 45. At para 9.195 the PSLP suggests the development would take its access from Blackmore Road. This is an error. The paragraph should be amended to refer to Stocks Lane. The site is within the control of Stonebond Properties, a local house builder with considerable experience in the development of medium sized sites, quick delivery and achieving high design and layout standards. Upon removal from the Green Belt and grant of a planning permission, it would be expected that development at the site could commence 2020/21 and be completed within two years of the Plan. As a consequence, it is recommended that the Local Development Plan Housing Trajectory at Appendix 1 is amended to provide for the following based on an increased number of homes as set out in these representations: Year 5 - 2020/21 = 10; Year 6 - 2021/22 = 35. These comments on Policy R24 provide greater certainty on delivery of the site. In addition, the changes suggested would contribute to the issues we have identified elsewhere with the PSLP specifically in relation to the supply and delivery of homes generally. As a result, we trust that the Council will be able to agree modifications/changes accordingly.

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 24316

Received: 19/03/2019

Respondent: Strutt & Parker LLP

Agent: Strutt & Parker LLP

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Representation Summary:

There are no objections to the general approach expressed in Policy SP04 for developer contributions. However, section E is nether precise, necessary or justified and could be open to misinterpretation. It is therefore recommended that this be omitted.

Change suggested by respondent:

Section E is nether precise, necessary or justified and could be open to misinterpretation. It is therefore recommended that this be omitted.

Full text:

These representations are submitted by Strutt & Parker on behalf of Stonebond Properties Ltd. in relation to the Brentwood Borough Council (BBC) Proposed Submission Local Plan (Regulation 19) (PSLP), and in particular with regards to our client's land interests at Stocks Lane, Kelvedon Hatch. This is proposed for allocation under Policy R24 of the PSLP. Plans showing the site are included within the Vision Document at Appendix A to this representation. As the Council will be aware, representations have previously been made on behalf of the landowner, W H Norris & Sons, in respect of the land at Stocks Lane, most recently as part of the Regulation 18 Local Plan Consultation in March 2018. Since then the site has come into the control of Stonebond Properties Ltd, a local housing developer with considerable experience of bringing forward high quality homes on small and medium sites. As a result of the previous representations and discussions with officers at Brentwood Borough Council alongside the Local Plan process, this site and land at Blackmore Road (Site R23, Brize's Corner Field, also now under Stonebond Properties' control) have been proposed as sites for future residential development within PSLP. Stonebond's overall position is one of firm support for the PSLP and this is expressed where relevant in these representations, albeit with some overarching concerns, notably in relation to certain elements of the Policy R24 in relation to the amount of development, the expected time for delivery in the Plan period and certain elements of the PSLP's Development Management Policies. Where such concerns are raised, specific changes to the relevant policies are sought and these are indicated in the following representations in order to assist in BBC making the Plan more robust and improving its soundness in terms of being positively prepared, effective, justified and consistent with national policy. Stonebond Properties request the right for its professional advisors to provide further responses on any matters appropriate to their land interests at the relevant sessions of the Examination of the submitted Local Plan. Settlement Hierarchy: Kelvedon Hatch is confirmed as a Category 3 Larger Village as set out in the Settlement Hierarchy shown at figure 2.3 of PSLP. It states that these villages are characterised by the amount of amenities and services able to cater for residents' day to day needs. Kelvedon Hatch has a local centre with a range of services, facilities, access to public transport, and education services. The PSLP sets out that Category 3 settlements should seek to make the most of brownfield redevelopment opportunities, while limited urban extensions will be encouraged to meet local needs where appropriate. The population is stated as 2,124, making Kelvedon Hatch the second largest Category 3 Settlement behind Doddinghurst. Due to the proximity of Doddinghurst (around 1km to the east), there is a reciprocal relationship between the two villages in terms of the availability and access to services and other facilities. As a result, development at Kelvedon Hatch is clearly a sustainable location to which a proportion of the Borough's housing need should be directed. In addition, as an established community, it is important that the Local Plan provides for the growth of the settlement to ensure the vitality of the community is sustained or enhanced. In line with Paragraph 78 of the NPPF, growth in one village may have the added benefit of further supporting opportunities and growth in nearby surrounding villages. The two sites for additional housing in Kelvedon Hatch identified in the PSLP at Land at Stocks Lane (R24) and west at Blackmore Road (R23) are fully supported. The proposed allocation of these two sites is considered to be justified, consistent with national policy and necessary to ensure the sustainable growth of Kelvedon Hatch and the Borough for reasons set out elsewhere in these representations. Spatial Strategy - Vision and Strategic Objectives: Vision for the Borough: The Vision for the Borough set out at Section 3 of the PSLP is supported. For the reasons set out in these representations, carefully planned development at Kelvedon Hatch as provided for at Policies R23 and R24 will make an important contribution to BBC's housing needs to meet the Local Plan objectives. Indeed, these representations and those relating to R24 make the case that a modest and justified increase in the sites' ability to accommodate more homes will assist meet those aims and provide for greater flexibility in meeting housing needs. Stonebond Properties have undertaken detailed site assessments. These confirm that there are no barriers to delivery of development. As a consequence, the expressed objectives of development in the Vision to be landscape-led responding to a "design and build with nature approach firmly embedding high quality green infrastructure through public realm to create a seamless transition to our surrounding countryside" can all be achieved and delivered in the allocation of sites R23 and R24. This is demonstrated in the accompanying Vision Documents to this representation for R24. Managing Growth - Policy SP02: Managing Growth: Policy SP02 proposes a total of 7,752 dwellings be provided in the Borough between 2011 and 2033 with 310 homes per year to 2022/23 and then 584 per year from 2022/23 taking forward a "stepped delivery" approach to deal with a projected shortfall in the first 5 years of the PSLP. This is mainly because a greater proportion of homes to be delivered in the PSLP comprise sites located in the Green Belt, resulting in longer lead in times to delivery. Whilst we do not raise objections in principle to the stepped approach as far as our clients are concerned there is a prospect that some sites in the Green Belt have the prospect of coming forward earlier, particularly smaller and medium sized developments. This certainly includes this site R24, and R23 that is the subject of a separate representation. This matter is dealt with further at Section 8 below. Furthermore, and notwithstanding the stepped approach proposed, there are still issues with BBC's over-optimistic estimates and assumptions on the delivery of larger strategic sites proposed for allocation in the PSLP. BBC are effectively placing most of its "eggs in one basket." in the range of sites that are proposed in the PSLP. It is important to note that, of the new allocations, 4,578 homes are made up of strategic allocations (of which 2,700 are at Dunton Hills Garden Village and are to be delivered in the Plan period) and 1,510 are other allocations The strategic sites therefore represent 68% of the total number of new homes of which some 59% are allocated at Dunton Hills. The ability of larger strategic sites to come forward quickly has been the subject of recent assessments in the Independent Review of Build Out, the Letwin Review (2018); and issues with their complexity, have been ably set out in the Lichfield's study From Start to Finish (2016). Both provide empirical evidence that the early delivery of such sites can be problematical due to a range of factors, including establishing required infrastructure requirements and the timing of housing delivery associated with those requirements, as well as the prolonged or protracted nature of the planning process. The Lichfield's report confirms that the planning process takes, on average, 2.5 years for the planning application determination period for up to 500 units; this can double for sites over 1,000 units. Two of the strategic sites within the PSLP's allocations also comprise developed sites currently in employment uses. The strategic sites are expected to deliver some 1555 homes within 5 years of an assumed adoption in 2020/21. Given the issues set out above it is considered that this is unrealistic and it would not be justified or the most appropriate strategy to rely on these sites for short term housing delivery. It therefore emphasises the need to review the ability of smaller or medium sized sites such as R23 and R24 to provide for greater flexibility and more homes which have a far greater prospect for short term delivery to ensure the Local Plan is sound. Sequential Land Use: Paragraph 4.22 and 4.23 of the PSLP suggested that a sequential approach is to be taken to the determination of planning applications, referring only to prioritising brownfield land in urban areas and brownfield land in the Green Belt. The reasons for this are unclear when the PSLP strategy includes releasing land from the Green Belt to meet development needs which includes the sites the subject of these representations. The growth requirements set out by Policy SP02, and the sequential approach to meeting those requirements are referred to at paragraph 3.23, provide for the justification for the chosen spatial strategy. As a consequence, it is not justified to suggest that a sequential test be taken for the determination of planning applications and paras 4.22 and 4.23 should be deleted from the PSLP. SP04 - Developer Contributions: There are no objections to the general approach expressed in Policy SP04 for developer contributions. However, section E is nether precise, necessary or justified and could be open to misinterpretation. It is therefore recommended that this be omitted. Resilient Built Environment: We are generally supportive of the Council's objectives to achieve a resilient built environment. Nevertheless, there are concerns that the policies set out in the PSLP and as drafted may have an impact on viability, deliverability and affordability for housing development generally. We are aware of the representations made by the House Builders Federation (HBF) referring to sustainable construction (BE020), allotments (BE20), Green and Blue Infrastructure (BE18), access to nature (BE19), digital infrastructure (BE10), open space (BE22), electrical vehicle charging (BE15), housing quality (HP06). The implications of the requirements set out do not appear to have been fully considered as part of the viability assessment. As a consequence, we would suggest that the viability assessment for the PSLP is revisited to reflect on these requirements to better inform or provide clarity on the proposed policies. Policy BE01 - Future Proofing: Whilst the Council's objectives towards future proofing of development are broadly supported, it is questionable whether it is necessary to set out a detailed planning policy to this effect when a number of the criteria set out comprise a series of aspirations. It is of some concern that Part A of the Policy requires that all applications must take into account....... when the process of development management and determination of applications is far more prescriptive and binary in decision making. As a consequence, it is suggested that Policy BE01 should be set out as supporting text rather than a specific policy. Policy BE02 - Sustainable Construction and Resource Efficiency: Whilst the Council's objectives towards sustainable construction and resource efficiency are broadly supported, it is questionable whether it is necessary to set out a detailed planning policy to this effect when a number of the criteria set out comprise a series of aspirations. The requirement to submit details of measures that increase resilience to the threat of climate change at b. is also considered to be over prescriptive when such techniques may vary substantially. The general principles set out at para 5.19 are reflective of the fact that these matters ought more properly to be dealt with by supporting text rather than a specific policy. In addition, we are aware of comments made by the HBF on this policy and we support those comments. Policy BE20 - Allotments and Community Food Growing Space: Whilst the Council's aspirations for providing allotments are acknowledged, the policy as set out provides for no clear thresholds as to when such space should be provided which is not justified in the terms set out. On this basis, it is recommended that the policy should either be omitted and dealt with by the text to the PSLP or justified against thresholds or site specific requirements. In this respect, it may be that large strategic sites may need to include a requirement but it is certainly not necessary for smaller or medium sized sites, such as those the subject of these representations. Policy BE22 - Open Space in New Development: The policy is broadly supported. As can be seen from the Vision document that accompanies these representations, our proposed scheme for R24 makes provision for such space. It is nevertheless questionable whether it is necessary for all open space to be fully equipped (D.). The need for equipped space should also be related to the amount of development proposed and/or availability or local equipped areas. As a consequence, it is recommended that criteria D is amended to be refined to provide clarity on when equipped open space is required eg. on sites over 50 homes. Housing Provision: Policy HP01 - Housing Mix: The Council's approach to providing for an appropriate mix of dwelling types is generally supported. However, the Policy as set out refers to the Borough wide requirements in the Strategic Housing Market Assessment (SHMA) and does not necessarily take into account a local area or sub area within the Borough. It is important to note that the SHMA requirements, at Figure 6.1, confirms that it is an indicative mix guide for market housing. It is also noted that para 6.5 confirms that the final mix will be subject to negotiation. This is welcomed on the basis that some flexibility will be necessary in certain circumstances as part of the planning application process. As a consequence, it is suggested that para 6.5 should provide greater clarity and a minor change confirming that the final mix will be subject to negotiation "as part of a planning application" rather than "with the applicant". We are aware of the representations submitted by HBF regarding accessible homes and justification. We support those views. It is questionable whether it is necessary for the PSLP to set out in planning policy the requirements of Building Regulations. Policy HP03 - Residential Density: We support the PSLP's approach to residential density as set out in Policy HP03. This is considered to be justified based on the evidence and consistent with the national policy. As far as our client's land interests are concerned at R23 and R24, both sites are capable of providing an increased density to that expressed for the relevant policies R23 and R24. However, part B of the policy quite properly acknowledges that a chosen density should take into account the character of the surrounding area and other site constraints. This is supported. A further explanation of suggested density or yield for R24 is set out at Section 8 below. Policy HP05 - Affordable Housing: We note that the SHMA provides justification for the affordable housing requirements. However, it is questionable whether the precise tenure/mix should be set out at B(a) of the Policy, given that requirements can change relatively quickly over time and the prescriptive approach may not take into account precise local needs. As a consequence, it is recommended that the criteria under B(a) should omit the reference to 86% and 14% proportions. It is suggested, in the alternative, that "the mix, size, type and cost of affordable homes will meet the identified housing needs of the Council's area and local needs as appropriate, established by housing need assessments including the SHMA". Design and Place-making: The approach set out in the PSLP for design and place-making is broadly supported. However, we note that there are effectively seven policies (HP12 - HP18) which provide the requirements against these matters. We also note that there are some areas of repetition on some of the objectives against those policies. We consider that those commenting on and determining applications should preferably have one or two identified policies to refer to and/or applicable thresholds to more succinctly set out requirements. This would ensure that planning applications can be more effectively judged against context, design and place-shaping criteria. Natural Environment: We generally support the Council's approach to Green Belt and the identification of suitable sites to meet the Council's housing and other needs. Accompanying these representations is an overview of the Green Belt and Landscape Sensitivity considerations relating to Stonebond's land interests at R23 and R24 to confirm the suitability of removing those sites from the Green Belt and limited impact on the landscape. Policy NE13 - Site Allocations in the Green Belt: We welcome the PSLP's intentions to remove sites R23 and R24 from the Green Belt. This calls into question the need for Policy NE13. The requirements set out by criterion A and B are dealt with by other policies in the Plan. If there are site specific requirements relating to sites, these should be covered within the specific policies relating to those sites. Policy R23 - Brizes Corner Field, Blackmore Road: The proposed allocation of Land off Blackmore Road as Policy R23 and its removal from the Green Belt is considered sound and is fully supported. It has been established through the evidence base supporting the PSLP that Kelvedon Hatch is a sustainable location to accommodate a modest amount of new houses to contribute to the Borough's housing needs. Indeed, as recognised by para 68 of the NPPF and as a medium sized site, such sites make an important contribution to "meeting the housing requirement of an area and are often built out quickly". We do however have some concerns with the amount of development set out at A of the Policy, the indicative yield at page 339 and the suggested trajectory for the site at Appendix 1. These representations provide for a modest increase in the developable area of the site with compensatory open space/structural landscaping. These matters are dealt with further below. Supporting these representations is a Vision Document at Appendix A, a review of Green Belt and Landscape Sensitivity at Appendix B and a Summary Drainage and Utility Appraisal at Appendix C. These all confirm that the development at the site is both justified and fully deliverable within the terms of para 67a) of the NPPF. The Vision Document demonstrates that careful consideration has been given to the emerging policies set out at BE01, BE08, BE22, as well as those relating to Design and Place-making at HP12, HP13, HP14, HP15 and HP18 of the PSLP to confirm that a scheme can meet the PSLP objectives in this regard. The Summary Drainage and Utility Appraisal at Appendix B confirms that there are no constraints to delivery. In addition, Stonebond Properties commissioned a transport appraisal from Ardent Consulting Engineers. This has confirmed that the location of the access shown in the Vision Document meets normal highway requirements in terms of safety and visibility. This has been confirmed in speed surveys undertaken in Blackmore Road. The Green Belt and Landscape Sensitivity Assessment at Appendix B confirms that the release of the site from the Green Belt is justified. It also confirms that there would be no significant impact on the surrounding landscape. Vision Document illustrates a form of development for the proposed allocation area set out in the PSLP to provide for around 28 homes. These representations suggest that the allocated area could increase to provide for a modest addition to the developable area in associate with compensatory open space and structural landscaping. It is considered that the proposals would be in accordance with para 138 of the NPPF. This advises local planning authorities to "set out ways in which the impact of removing land from the Green Belt can be off set through compensatory improvements to the environmental quality and accessibility of remaining Green Belt land". The Vision Document demonstrates how this can be achieved using land that is within their control. The Green Belt and Landscape Sensitivity Assessment confirms that such an approach would not result in demonstrable harm to the Green Belt or landscape. Part A of Policy R23 suggests that there be provision for around 23 new homes on the site. Part A Policy HP03 of the PSLP requires proposals to take a design led approach to density to ensure schemes are sympathetic to local character and make efficient use of land. Part B expects development to achieve a net density of at least 35dph unless the special character of the surrounding area suggests that such densities would be inappropriate. Based on page 339 of the PSLP, the suggested dwelling yield of 23 homes would result in a density of 29dph. The Vision Document confirms that within the allocated area it would be possible to provide around 28 homes at a density of 35dph. The Vision Document sets out an alternative approach to the allocation to increase the area to 2.45ha gross. This would provide for around 45 homes at 29dph on a net developable area of approximately 1.6ha. Critically, the Vision Document provides for a third of the area to be set aside for structural accessible open space in accordance with para 138 of the NPPF. The Vision Document therefore proposes that around 45 homes can be provided on the site representing a far more efficient and effective dwelling yield with benefits for open space and the Green Belt generally in this location by bringing forward a robust and enduring boundary. The Vision Document demonstrates that full account has been taken of the objectives of HP03 to ensure that a scheme would be sympathetic to local character. Critically, the illustrative scheme for the increased area for allocation would meet objectives for open space within the site in accordance with Policies HP13 and BE22 whilst taking into account the need for sensitivity, having regard to the countryside to the west and south. Section 4 of these representations sets out the need for greater flexibility and need for the provision of medium sized sites to aid the Council's housing needs and requirements. Against this background, these proposals to provide a modest increase to the allocated area for R23 are commended to the Council on the basis that the increased area provide for structural and accessible open space. It is therefore recommended that Policy R23 is amended as follows: Policy R23A - substitute 23 new homes with 45 new homes; Policy R23B - additional bullet point b - development shall provide for not less than 0.7ha for accessible public open space and structural landscaping; Page 339 R23 - indicative dwelling yield substitute 23 with 45. The site is within the control of Stonebond Properties, a local house builder with considerable experience in the development of medium sized sites, quick delivery and achieving high design and layout standards. Upon removal from the Green Belt and grant of a planning permission, it would be expected that development at the site could commence 2020/21 and be completed within two years of the Plan. As a consequence, and based on these representations for an increased allocation, it is recommended that the Local Development Plan Housing Trajectory at Appendix 1 is amended to provide for the following based on an increased number of homes as set out in these representations: Year 5 2020/21 = 10 and Year 6 - 2021/22 = 35. These comments on Policy R23 provide an ability for a modest increase in the amount of houses for the allocated site with significant local benefits for accessible open space and structural landscaping. This would result in compensatory improvements to the environmental quality and accessibility of Green Belt land in accordance with para 139 of the NPPF. In addition, the recommended changes would contribute to the issues we have identified elsewhere with the PSLP specifically in relation to the supply and delivery of homes generally. As a result, we trust that the Council will be able to agree modifications/changes accordingly.

Object

Brentwood Local Plan 2016 - 2033 (Pre-Submission, Regulation 19)

Representation ID: 24438

Received: 03/06/2019

Respondent: Mrs Vicky Mumby

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

Representation Summary:

SP04 A - this policy is not being applied to sites R25 and R26 to ensure infrastructure and therefore the policy is unsound.

Change suggested by respondent:

Remove sites R25 and R26 from plan, refer to the Blackmore Village Heritage Association (BVHA) 'Neighbourhood Plan' for housing need.

Full text:

Including the following sections:
LDP Fig 2.3 Settlement hierarchy
LDP Section 04 (management growth)
Policies:
SP01 - D
Paras 4.6 4.9 4.20
Policy SP02
Policy SP04 - A
LDP Section 06 (housing provision)
Policy HP 08

Section 08
Natural Environment
Policy NE 06 paras 8.51 -8.64
Para 8.85 (IV)
Para 8.90
Para 8.101
Policy NE13
Section 09 site allocation
Policy R25 para 9.87 -9.200
Policy R26 paras 9.201 - 9.204

I consider the plan to be unsound and fails to comply with the Duty to Cooperate for the following reasons:
1. IDP Fig 2.3 settlement hierarchy: there are errors in the plan eg the population of Blackmore is listed as 829 but this does not cover the residents in Nine Ashes Road past Red Rose Lanes and Chelmsford Road which includes a mobile home park and illegal travellers site.

2. Duty to cooperate: there has not been sufficient consultation with other neighbouring authorities. There us a development of 30 new, large houses by Epping Forest DC 100m outside the parish boundary in Fingrith Hall Lane. These properties are 1/3 miles from Blackmore Village and 5 miles from any other town/village. This will exacerbate the impact of the proposed 70 new properties being considered for Blackmore in the infrastructure and amenities.

3 Red Rose lane is a single track and not suitable for the extra volume of traffic generated by the proposed housing. It is used by walkers, joggers, cyclists; dog walkers and horseriders and has no pavement. The additional traffic will bring increased danger to these users along with the lack of street lights.

4. Flood Risk: Blackmore sites in a dip and is prone to flooding which has occurred a number of times over the years. The planned 70 homes will reduce the available land to soak up water, therefore flooding will increase.

5. Policy NE06 states that in 8.52: Developing inappropriately in high risk areas can put property and lives at risk; this policy seeks to ensure this does not happen.

6. infrastructure Requirements: There are no infrastructure requirements listed in policy R25 or R26, however all amenities and services are already stretched inc the local primary school, electricity, sewerage system, doctors surgery etc.

7. There is no clear housing strategy for the villages and general area in the north of the borough. There are many other options that have been suggested through this process but have not been considered.

8. A 'housing needs' survey should have been carried out which would have demonstrated why Blackmore has been specifically included on the LDP and why other more suitable areas have not been included.

9. The borough Council have not shown that the required additional houses for the borough could not be delivered by increasing the housing density on the other allocated sites in the plan.

10. There are brownfield sites available nearby but there is no evidence these have been considered in preference to using Green Belt land.

11. Other more suitable locations eg areas around Doddinghurst which have better transport links would have been a far better proposal that the development in Blackmore which is not a sustainable development proposal for the reasons given.

12. The proposed sites are important to wildlife and natural habitats.
Policy HP08 seeks to regularise an illegal travellers site on the Chelmsford Road. The borough Council has failed to undertake its duty to attempt to remove the travellers since they moved in some years ago. The Council has watched the site grow without taking any action!

My family moved to Blackmore 2 years ago from Epping for a quiet village life. The village does not have the capacity for 70 new homes.

Attachments: