To make this Plan fully inclusive and to not discriminate against any user group, and therefore sound, we suggest that the term 'multi-user route' is used rather than singling out pedestrians and cyclists. After all, a route that is accessible on horseback is also accessible to all other users - especially the disabled in wheelchairs/mobility scooters and parents with double buggies.

Policy BE13: we note that in point B that where appropriate, bridleway connections will also be considered; however, we feel that there is a need to ensure that ALL users are catered for rather than equestrians being added as a possible afterthought which is how this policy appears to be written. Whilst the aspiration of the Plan is to encourage sustainable transport and reduce peoples' dependence on the private car, if safe off-road routes are being provided then they should be open to all users - including equestrians. It costs no more to provide a multi-user route than a footway/cycleway and this Plan should provide for both utility/commuting journeys as well as recreational ones. This point is also relevant in paragraph 5.115 where the aim is to increase cycling - this is welcome, but it is important that the concept of multi-user routes is embedded within the Plan rather than routes specifically for one user group.

The Council is broadly supportive of Policy BE13 and acknowledges the importance of ensuring new developments are well supported by sustainable transport options. Policy BE13 is considered to broadly align with national policy and legislative requirements. Brentwood Borough Council, informed by Essex County Council and other partners, should satisfy itself and the Inspector that Policy BE13 will be positive and effective in ensuring that both planned and unplanned growth will be supported by suitable and convenient sustainable transport options and that therefore growth, as a whole, will have limited dependency on use of less sustainable transport options (e.g. use of the private car).

Amend Policy BE13 B. b. as follows -

'... good accessibility for passenger transport within sites and between sites and adjacent areas, and where appropriate improve areas where passenger transport, ...'

3. Effective.

Amendment required to seek distinction between new and existing development and terminology to correctly refer to 'passenger transport'.

Thank you for consulting Transport for London (TfL). We have previously responded to the Site Allocations Reg. 18 consultation (attached) and our comments remain valid although it should be noted that the full opening of the Elizabeth Line and hence the transfer of safeguarding powers from Crossrail Ltd to TfL has now been delayed. An announcement on a revised timescale is expected shortly. Colleagues in TfL Commercial Development will respond separately regarding the site at Brentwood Station Car Park in which they have a potential development interest

In addition TfL has the following comments to make on Local Plan policies:

Policy BE11 A and B and Para. 5.96
TfL supports the intention to maximise the value of railway connectivity and specifically the improvements brought by the Elizabeth Line by ensuring that new development is well connected to rail stations by foot, cycle and public transport and introducing parking controls where necessary. Prioritising access to stations by sustainable modes of transport and seeking improvements to links, access, public realm and station capacity through developer contributions, alongside parking controls, is consistent with the approach being taken in London. TfL notes the reference to TfL rail services and the Elizabeth Line in 5.96. As stated above the revised timescale for the start of Elizabeth Line services is to be announced shortly.

Policy BE11C
As highway authority for the A12 and A127 roads within London TfL welcomes the intention to seek highway improvements and particularly to seek suitable non highway measures and/or improvements to walking and cycling that may help to mitigate traffic impacts as a result of development. When assessing impacts and providing mitigation, the cross boundary impacts of new development on the Transport for Road Network within London should be taken into account

5.106 - 5.107
We agree with the outlined approach of working with relevant bodies regarding the impact of the Lower Thames Crossing and any mitigations that are needed on the A127, A12 and local road network, and would be happy to work with you and other bodies to ensure the appropriate mitigation is delivered

Policy BE12 - Car limited development
TfL welcomes the inclusion of a policy on car limited development which reflects the approach being taken in London

Policy BE13 - Sustainable means of travel and walkable streets
TfL welcomes the priority given to walking, cycling and public transport and the aim of facilitating sustainable modes of transport through new development. Again this is broadly consistent with the approach being taken in London. However, we would be grateful if mention could be made of the Healthy Streets Approach that is being implemented in London through the Mayor's Transport Strategy and Policy T2 of the draft London Plan

Policy BE16 - Mitigating the transport impacts of development
TfL welcomes the requirement to submit Transport Assessments/Statements and the requirement for mitigation where necessary
Best wishes
Richard Carr

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.

Thank you for giving us the opportunity to comment on your Local Plan pre-submission consultation.
We welcome the Council's strategic longer-term approach to housing supply. Your target accommodates a 'buffer' on top of the housing need based on the Government's standardised methodology. It should be noted that our latest demographic modelling provides alternative population and household projections that could also be taken into account when applying the standardised approach. Our projections include consistent outputs for all local authorities in England and form the basis for housing need in the draft new London Plan. They are available on the London Datastore: https://data.london.gov.uk/dataset/projections .
We also welcome the Council's commitment to the preparation of a Joint Strategic Plan with the other South Essex authorities and associated strategic planning for growth in the area. We would be happy to support the preparation of the Plan and its technical evidence.
It would be useful to understand the relationship between the Council's Growth Strategy and the joint South Essex Strategic Growth Locations Study. It is also noted that Thurrock's Local Plan Issues and Options (Part 2) consultation includes a new settlement on the border with Brentwood amongst its growth options.
In terms of economic development, we note the significant allocation of additional employment land, in particular through the Brentwood Enterprise Park. In the light of its proximity to London, it could be useful to discuss related collaboration opportunities, specifically including land for distribution and logistics, as well as wider sustainability implications.
Any significant future changes to the town centre hierarchy within the Borough, including significant new retail/leisure development, should consider any potential impacts on town centre retail/leisure provision within London as well as on the sustainability of travel patterns.
It should be noted that Brentwood is located within the new London Plan's Strategic Infrastructure Priorities 'Great Eastern Mainline (London - Ipswich - Norwich) and A12' and 'Essex Thameside, A217 and A13 corridor' (see Policy SD3 and Figure 2.15). The Lower Thames Crossing will also have implications for travel and land use in the Borough, which will need to be considered as the scheme progresses.
As set out in the consultation response by Transport for London, we welcome the Council's support for sustainable modes of transport. As Brentwood borders London, we would be grateful, if consideration could also be given to the Healthy Streets Approach that is set out in the Mayor's Transport Strategy and Policy T2 of the draft London Plan.
We would be happy to discuss the matters raised above as well as matters related to the preparation of the Joint Strategic Plan further. Please get in touch with Jorn Peters if you would like to arrange a meeting.

Policy BE13 should be clearer that it does not impose any additional requirements over the site specific policies in order to be effective.

1.0 Introduction
1.1 These representations have been prepared by Strutt & Parker on behalf of S&J Padfield and Partners (S&J Padfield). They are submitted pursuant to Brentwood Borough Council's (BBC's) Regulation 19 Pre-submission version of the Consultation Draft Local Plan.
1.2 S&J Padfield are the landowners of land at Codham Hall Farm, which is currently utilised for employment purposes. The site is within a strategic location to the north of the A127 at M25 Junction 29, benefiting from these strategic road links.
1.3 The site is proposed to be allocated under Policy E10 for 9.6ha of employment and 8.0ha of landscaping. The site currently supports approximately 350 jobs, contributing significantly to the provision of jobs to support the growth of the Borough.
1.4 Representations have previously been made on behalf of S&J Padfield throughout the plan making process, most recently to the 2018 Focused Review consultation.
1.5 The following sections set out the proposals in the context of the Regulation 19 Draft Local Plan, commenting on draft policies considered relevant to securing the delivery of the strategic employment sites, and Site E10 in particular.
1.6 Where any concerns are raised, specific changes to the relevant policies are sought and these are indicated in the following representations in order to assist BBC making the Plan more robust and improving its soundness in terms of being positively prepared, effective, justified and consistent with national policy.
1.7 S&J Padfield requests the right for its professional advisors to provide further responses on any matters appropriate to their land interests at the relevant sessions of Examination of the submitted Local Plan.
2.0 Comments on Regulation 19 Local Plan
Section 3 - Spatial Strategy, Visions, and Objectives
2.1 Section 3 of the plan sets out the Spatial Strategy, Visions, and Objectives of the Local Plan, and how it seeks to deliver the required development to support the needs of the Borough. Strategic Objectives are set out on page 38.
2.2 We support the wording of policies SO1 and SO3 in particular.
2.3 SO1 seeks to deliver growth in sustainable locations. In order for the Local Plan to be sound, it is essential that it ensures the Borough's growth is managed and sustainable. As per the National Planning Policy Framework (NPPF) (paragraph 8), achieving sustainable development means pursuing environmental, social and economic objectives; recognising these objectives are interdependent and mutually supportive. It is critical that these objectives are carried forward into the detailed policies and allocations of the Local Plan.
2.4 We support strategic objective SO3. In particular, we welcome its recognition of the importance of the economic climate to the borough's communities. We support the recognition of the importance of identifying opportunities for economic growth - the NPPF is clear on the need for Local Plans to look to realise opportunities for development.
2.5 Also set out in the Strategic Objectives is the reasoning behind the Various Growth areas set out in the plan. We broadly support the identified growth areas and the strategy, which seeks to deliver growth along the established transport corridors of the A127 and A12. Paragraph 3.21 part b) sets out the proposals for delivering employment growth in the M25/A127 areas.
Section 5 - Transport and Connectivity
2.6 Section 5 of the Local Plan seeks to ensure that transport infrastructure is delivered alongside the housing and economic growth.
2.7 We support the intent of Paragraph 5.105 in seeking to improve sustainable transport measures in the South Brentwood Growth Corridor. We would caution that transport improvements should be undertaken and required on a site specific basis, recognising the scale of new growth at each location. In the case of site E10 at Codham Hall, the employment uses on site are existing and therefore the allocation will provide for modest further growth, which should be recognised in considering any transport improvements required.
Policy BE13 - Sustainable means of travel
2.8 Policy BE13 refers to sustainable means of travel, setting out criteria for new development. Sites allocated for development have site specific policies within the Local Plan, which include criteria on transport and it is not currently clear whether Policy BE13 imposes additional requirements. In order to be effective in accordance with the tests of soundness, Policy BE13 should therefore be clearer that it does not impose additional requirements.
Section 7 - Prosperous Communities
2.9 Section 7 of the Local Plan sets out how the Local Plan seeks to maintain and create prosperous communities, with economic growth a key part of this. Policy PC02 sets out that provision is made for 5,000 additional jobs over the Plan period, with a total of circa 47.39 ha of new employment land allocations and continued support for existing employment sites. Such an approach is positively prepared, seeking to support employment growth within the Borough.
2.10 The allocation of Codham Hall supports the existing employment on site and plays a part in delivering such employment and jobs, potentially allowing the growth of the existing employment area over the plan period. As recognised in the Local Plan, the A127 corridor provides an opportunity for sustainable economic growth along this strategic route, with Codham Hall Farm providing such sustainable economic growth.
2.11 To understand the jobs growth in the Borough, an Economic Futures 2013-2033 report has been prepared by Lichfields to support the Local Plan. The Economic Futures report sets out a range of scenarios, forecasting a need between 20.3 ha and 8.1 ha of land to be used for Class B employment uses.
2.12 The Local Plan seeks to allocate an additional 47.4 ha of employment land, in part compensating for the loss of 21 ha of existing allocated employment land to other uses.
2.13 The Local Plan also anticipates there could be a further loss of employment land over the plan period due to structural change, changes in allocation threshold and changes of use through permitted development, forecasting a loss of 4.65 ha over the plan period.
2.14 Figure 7.5 of the Local Plan sets out that there is therefore a need for 33.76 to 45.96 ha of new employment land to be allocated. The 47.4 ha allocated is therefore over the highest anticipated requirement.
2.15 The approach of allocating more employment land than anticipated to be needed is positively prepared, providing a buffer should the loss of current employment land be greater than anticipated. Allocating further employment land could assist in providing greater flexibility should sites not come forward as intended or greater losses in employment space occur.
2.16 At 9.6 ha of employment land, the Codham Hall site is one of the largest employment sites with only 3 sites being over 6 ha and the remainder comprising numerous smaller sites. Codham Hall therefore provides a significant proportion of the employment land requirement, albeit this consists of existing businesses, and it is important that its development is supported and encouraged. Its allocation therefore assists in the Local Plan strategy relating to economic growth being positively prepared and justified.
Policy PC05 - Employment Development Criteria
2.17 Policy PC05 sets out criteria for employment development. Similar to concerns raised with Policy PC03, it is currently ambiguous whether this applies to employment development coming forward on allocated employment sites. To ensure the Local Plan is effective and to avoid inconsistencies, Policy PC05 should be clear that it does not apply to allocated employment sites.
Policy NE9 - Green Belt
2.18 Policy NE9 states that 'Green Belt within Brentwood Borough (as defined in the Brentwood Policies Map) will be preserved from inappropriate development...'. However, despite this wording no Policies Map has been published.
2.19 Appendix 4 of the Local Plan sets out that maps detailing various changes, including Green Belt boundary amendments, will be provided for Regulation 19 consultation and there will be a combined policies map.
2.20 The Policies Map is an important aspect of the Local Plan and should be published to provide clarity over the Green Belt boundaries to ensure these are clearly defined for all parties and that it can be protected from inappropriate development in accordance with Policy NE9 and the NPPF.
2.21 Once the Policies Map is published we may have further comments on behalf of our client in relation to the Green Belt boundaries and whether these are fully justified and reserve our position to be able to do so at the appropriate time.
Policy E10 - Codham Hall Farm
2.22 Policy E10 sets out that the site is allocated for employment use as shown in Appendix 2 of the Local Plan. 9.6 ha is allocated as employment land with 8 ha to provide for landscaping, amenity, access and ancillary uses to support the sustainability of the site.
2.23 We support the allocation of the site for employment purposes and removal of it from the Green Belt, being justified, effective and consistent with national policy.
2.24 The allocation of the site will recognise the long term employment use of the site, whilst supporting future applications for further economic growth. Being one of the largest employment sites in the Borough, the protection and support of this employment land is an important aspect of the Borough's economic growth over the plan period.
2.25 The Economic Futures 2013-2033 report published within the Local Plan's evidence base suggests the site can deliver an additional 100 jobs over the plan period, which we consider a conservative estimate. The site has the potential to deliver a significant number of jobs over the plan period, supported by its allocation as an employment site.
Removal of Site from the Green Belt
2.26 The NPPF is clear that authorities should seek to meet housing and economic growth within their boundaries, and that Green Belt boundaries can be altered through the preparation of a Local Plan where exceptional circumstances exist (paragraph 136).
2.27 The NPPF does not define what constitutes 'exceptional circumstances'. However, case law may assist BBC and the preparation of its Local Plan in this respect. In particular, the judgment in Calverton Parish Council v Nottingham City Council & Ors. [2015] EWHC 1078 (Admin) suggests (paragraph 51 of the judgement) the following matters are relevant in the consideration of whether exceptional circumstances exist:
(i) The scale of the objectively assessed need;
(ii) Constraints on supply/availability of land with the potential to accommodate sustainable development;
(iii) Difficulties in achieving sustainable development without impinging on the Green Belt;
(iv) The nature and extent of the harm to the Green Belt; and
(v) The extent to which impacts on the purposes of the Green Belt may be mitigated as far as practicable.
2.28 In respect of the first three points, through the plan-making process, BBC has evidenced a substantial need for development; and there are clearly severe limitations on options to meet this need without altering the Green Belt with 89% of the Borough currently falling within the Green Belt. Similarly, options to deliver sustainable development without amendments to the Green Belt boundary are very limited.
2.29 In respect of the fourth and fifth points, a Green Belt Review has been published as part of the Local Plan consultation. Within this, the site was assessed as overall making a low-moderate contribution towards the purposes of the Green Belt. Of all the 23 potential employment sites assessed, only 7 received a score of low-moderate or low, being the remaining scoring moderate or above.
2.30 It is noted the most recent Green Belt assessment only assesses the site to be allocated as employment land and not the land allocated for landscaping. This was previously assessed by BBC as part of a much wider parcel of land in an earlier version of the Green Belt assessment, which did not provide a site specific assessment. An assessment of the site as a whole was undertaken by Liz Lake Associates (as submitted with Regulation 18 representations), which found the whole site does not contribute to the purposes of the Green Belt.
2.31 It has been demonstrated that removal of the site from the Green Belt will not cause significant harm to the Green Belt as a whole, with the fourth and fifth points of the Calverton judgment being met. Exceptional circumstances in accordance with paragraph 136 of the NPPF and the Calverton judgment have been demonstrated to justify amending the Green Belt boundary to remove the site.
Allocation Boundary
2.32 The allocation boundary is set out in Appendix 2 of the Local Plan, with two boundaries given. The existing employment area and some additional land is shown as white land, with surrounding land hatched in green.
2.33 It should be noted that BBC have not published an overarching policies map alongside the Local Plan, with the only maps being those in Appendix 2 of the Local Plan. These maps do not show the revised Green Belt boundary for the Borough.
2.34 In the absence of such detail on a map, or clarity within Policy E10, it is not clear whether the whole site is removed from the Green Belt which is not consistent with national policy or effective.
2.35 Policy E10 should therefore be clear that the site as a whole is removed from the Green Belt. With the majority of the site already being utilised for employment purposes and the whole site not contributing to the Green Belt purposes, making it explicitly clear that the site as a whole is removed from the Green Belt will be positively prepared, justified, effective and consistent with national policy.
2.36 It should also be noted that Codham Hall is the only employment allocation where the whole site is not shown as white land and has green hatching. It would be clearer and more effective if the site as a whole was shown as white land to clarify that landscaping, amenity, access and ancillary uses are appropriate in this area. There is otherwise the risk that a planning application for such uses could be considered against Green Belt policies rather than as being in accordance with Policy E10.
Potential Access and Impact of Lower Thames Crossing
2.37 Land South of the A127 is allocated under Policy E11 as Brentwood Enterprise Park (BEP) to provide at least 25.85 ha of land for employment use and other ancillary development. This will therefore provide further facilities for employees at Codham Hall Farm, being within easy reach.
2.38 Policy E11 refers to infrastructure works needed, including potential access points via M25 Junction 29. There are also potential improvements to Junction 29 to provide a slip road from the A127 directly to the M25, which will have an impact upon the existing access from the M25 to BEP.
2.39 It is therefore important that the Codham Hall Farm allocation reflects the potential need for enhanced access through the site to the BEP. The plan included at Appendix A shows the potential land required to support the BEP access solution, which could affect the land currently shown as white land under Policy E10.
2.40 It is important to note that not all of the land will be required, and the plan is based on a series of access solutions that are currently being discussed with the LTC, Essex County Council and other stakeholders. Crucially, the plan shows the quantum of land that may be required from the Codham Hall allocation. It is considered that the employment land lost to support this access solution, if utilised, is sourced elsewhere on the site to ensure no overall loss.
2.41 This provides further justification to showing the whole site as white land within Policy E10, allowing the employment and ancillary uses to be located within the site as required without compromising the amount of employment floor space provided. Such flexibility in where the uses are provided will be justified and positively prepared.
Policy E10 Development Principles
2.42 Part B of Policy E10 sets out development principles for the site. Whilst the allocation on site is generally supported we do wish to raise objection to the wording in its current form.
2.43 Criteria b sets out a requirement to "protect and where appropriate enhance the adjoining Local Wildlife Site (Codham Hall Wood)". The site is outside of the allocation area and our client's control. The policy should therefore not require enhancement and this part of the requirement should be removed.
2.44 Criteria c states "preserve and where appropriate enhance the Public Right of Way through Site". Whilst the need to maintain public rights of way is recognised the current wording fails to provide for potential diversion if required. This should be allowed for in the policy wording.
2.45 Criteria d requires the "provision of improved walking and cycling connections within the site and to the wider area." This is a regulation of an existing site and new development proposals are likely to be focused on smaller scale improvements or new provision on site. These are unlikely to in themselves always justify improved walking and cycling connections and this requirement should accordingly be changed to state "potential to walking and cycling connections".
2.46 Paragraph 9.219 of the Local Plan expands upon this and seeks the submission of a workplace travel plan to promote the benefits of sustainable transport. In the case of site E10 it is important the policy recognises that this is regularisation of existing uses and that additional infrastructure improvements are unlikely to be justified.
2.47 A Framework Travel Plan will consider the implications of increased growth at the Codham Hall Farm site and opportunities for sustainable transport. There is currently no travel plan in place on the site for the existing employment uses, with the production of a travel plan for the whole site therefore being an improvement of the current situation and a benefit of allocating of the site.
3.0 Summary
3.1 Overall we support the removal of the Codham Hall Farm site from the Green Belt and its allocation for employment. BBC have identified a high rate of housing and economic growth which the Local Plan seeks to meet within the Borough, being positively prepared in this regard.
3.2 With 89% of the Borough currently identified as Green Belt, BBC have been required to review the Green Belt boundaries for both housing and economic growth. In respect of Codham Hall Farm, we support the conclusion that exceptional circumstances have been demonstrated to justify amending the Green Belt boundary in accordance with paragraph 136 of the NPPF.
3.3 Policy E10 fails to be fully effective at the current time as it contains two red line boundaries for the allocation and it is ambiguous whether the whole site is to be removed from the Green Belt. We consider that exceptional circumstances have been demonstrated to support the removal of the site as a whole from the Green Belt, with such an approach being sufficiently clear for all parties and providing support for future applications on the site. We therefore consider it necessary for an amendment to be made to Policy E10 to clarify that the whole site is removed from the Green Belt to ensure the policy is justified and effective.
3.4 Amendments to the wording of Policy E10 should be made to reflect the nature of the site and that this allocation covers existing employment uses rather than new provision.
3.5 BEP is located to the south of the site on the opposite side of the A127, with this development providing further ancillary facilities which could also be used by the employees of Codham Hall Farm.
3.6 There could be a requirement for an enhanced access link through the Codham Hall Farm site to BEP depending upon improvements to the A127 and M25 Junction 29. This provides further justification to making Policy E10 explicitly clear that the whole site is removed from the Green Belt to ensure any future application is supported by BBC.
3.7 Whilst we support the allocation of Codham Hall Farm for employment, we have raised some areas of concern with the soundness of parts of the Local Plan under paragraph 35 of the NPPF. We therefore welcome the opportunity to engage with BBC and the Inspector at the Local Plan Examination hearing sessions to explore these concerns and suggested amendments further.

Policy BE13 should be clearer that it does not impose any additional requirements over the site specific policies.

1. Introduction
1.1 These representations have been prepared by Strutt & Parker on behalf of St Modwen Developments Limited ("St Modwen"). They are submitted pursuant to Brentwood Borough Council's (BBC) Pre-submission Version of the Regulation 19 Consultation Draft Local Plan ("Draft Local Plan"), and in particular, with regard to the proposed allocation of the Land south of the A127 at Junction 29 as the proposed Brentwood Enterprise Park (BEP).
1.2 This representation sets out St Modwen's position in relation to the commercial site specific allocation ("BEP Site") which is proposed by Policy E11 in the Draft Local Plan. St Modwen has an interest in the BEP Site pursuant to a development agreement dated 23 June 2015. The freehold owner of the BEP Site is Christopher Scott Padfield.
1.3 The draft allocation proposed by Policy E11 is the single largest employment allocation within the Draft Local Plan, comprising a developable area of 25.85ha of employment land. The BEP seeks to deliver approximately 2,000 jobs in a sustainable location. The BEP Site therefore plays a particularly important role in providing a significant element of BBC's employment land requirements. The BEP site will contribute significantly to the provision of jobs to support the growth of the borough.
1.4 Representations have previously been made on behalf of S&J Padfield and St. Modwen in respect of this site throughout the plan making process and most recently to the 2018 Draft Local Plan - Preferred Site Allocations Consultation.
1.5 The BEP Site is located at M25 Junction 29 to the south of the A127. It should be noted that another employment site included within the Draft Local Plan, at Policy E10 (Codham Hall Farm), is situated to the north of the A127.
1.6 This Regulation 19 representation is focussed on the soundness of the Local Plan, as per paragraph 35 of the NPPF (i.e. whether this draft Local Plan is positively prepared; justified; effective, and consistent with national policy); and legal compliance.
1.7 The Draft Local Plan represents the proposed final version of the Local Plan for the borough, and is supported by a raft of technical studies and evidence.
1.8 Due to the binary nature of consultation at this stage (which is recognised is a function of the regulations1) where changes are suggested to ensure the Local Plan is sound and / or legally compliant, these are expressed as objections. However, we wish to stress that fundamentally, and particularly in relation to the proposed allocation of new employment land at the BEP Site, we support the Draft Local Plan.
Brentwood Enterprise Park
1.9 The BEP provides in the region of 26ha of employment land as part of a successfully masterplanned proposal within a wider site of 35.5ha, to also include ancillary landscaping works. It is intended that the proposed development at the BEP Site will provide new floorspace for a range of B-use classes, supporting jobs and employment growth in a range of sectors including (but not necessarily limited to) storage & distribution, office space, and professional services.
1.10 The following sections set out the proposals in the context of the Draft Local Plan and provide commentary on the draft policies insofar as they are relevant to the delivery of new employment floorspace, and particular in respect of the BEP Site allocation at Policy E11.
1.11 Where any concerns are raised, specific changes to the relevant policies are sought and these are indicated in the following representations in order to assist BBC in ensuring the Local Plan is sound, in terms of being positively prepared, effective, justified and consistent with national policy.
1.12 St. Modwen requests 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.
2. Policy E11 - Brentwood Enterprise Park
2.1 We wish to make clear that we support the principle of this policy and the vast majority of it is sound. However, we consider there are elements of this policy which are not effective and justified, and therefore require modification. As such, and given the binary nature of consultation at this stage, this response is expressed as an objection.
Policy E11 part C d)
2.2 We do not concur with part C d) of Policy E11. This part of the policy presently requires that the public right of way is preserved and enhanced. Whilst it is recognised that the right of way will need to be maintained, this may be through appropriate diversion if required. The policy wording presently is ambiguous in this regard and may imply that the right of way must be preserved in its current form. This could pose a risk to delivery and would not be a justified and effective approach in accordance with the tests of soundness set out at paragraph 35 of the NPPF. Accordingly, we request that sub-paragraph 'd.' of part C of Policy E11 be amended so that it reads as follows:
"preserve, through diversion if necessary, and where appropriate enhance the existing Public Right of Way through the site".
Policy E11 part D c), d) and e)
2.3 Furthermore, we consider that the references to infrastructure requirements in sub-paragraphs c., d. and e. of part D of Policy E11 should be amended to make clear that such provision will be required where appropriate. The wording at present is overly prescriptive and lacks flexibility would not therefore be a justified and effective approach in accordance with the tests of soundness set out at paragraph 35 of the NPPF. It may not, for example, be appropriate to provide direct walking connection towards junction 29 and the western site boundary.
2.4 With regards to public transport links we consider it important to recognise the site is one of a number of growth locations and should not be responsible for provision of new transport links alone. As identified in the transport work undertaken by Atkins on behalf of St Modwen, there is potential for accessibility to be provided through private shuttle bus services for example rather than formal public transport or buses. We consider that this part of the policy is not adequately justified, and while provision for bus access and links to external walkways and cycle ways is supported in principle, the implementation of a wider strategy for sustainable travel and public transport should be delivered by the appropriate local authorities, with relevant contributions sought from developers where the legal tests relating to planning obligations (i.e. regulation 122(2) of the Community Infrastructure Levy Regulations 2010) are met. In this regard, we are aware of the strategy put forward for public transport in this area, as outlined in Appendix G of the Transport Assessment. This is discussed later in the representation, and the wider interaction with other allocations in the Southern Growth Corridor concerning the implementation of this strategy is supported.
2.5 We consider this part of the policy should be amended to read:
c. provide well-connected internal road layouts which allow good accessibility for bus services or sustainable transport measures where appropriate
d. potential travel planning measures and connection to new public transport links with the surrounding area; and
e. provision for walking and cycling connections within the site and to the surrounding area where appropriate
Delivery of the BEP
2.6 The landowners and St. Modwen are committed to delivering the BEP scheme and continue to actively engage with the Council on a pre-application basis, and in terms of the delivery of the development proposals generally.
2.7 The reference in Appendix 2 to the BEP Site's delivery forecasting being "Years 5-15" should be amended instead to state: "Years 1 - 15" in order to reflect the intentions of the landowners and St Modwen and in particular the potential for early delivery of a phase of development using the existing access arrangements.
2.8 Importantly, as set out later in this representation, amendments to the allocation area and policies map are also required in order to provide for flexibility with regards to access options.
2.9 Other relevant policy considerations with regards to the allocation at Policy E11 and the supporting evidence base are set out below.
Green Belt
2.10 Firstly, addressing the principle of Green Belt release, this is considered justified and consistent with national policy in the case of Policy E11; as well as being necessary to ensure the Local Plan is sound.
2.11 The NPPF states that if Green Belt boundaries are to be altered then this should be done through preparation or updating of plans (see paragraph 136), and only when exceptional circumstances are fully evidenced and justified.
2.12 The NPPF does not define what constitutes 'exceptional circumstances'. However, case law does provide assistance in this regard. In particular, the judgment of the High Court in Calverton Parish Council v Nottingham City Council & Ors. [2015] EWHC 1078 (Admin) suggests (see paragraph 51 of the judgment) the following matters are relevant in the consideration of whether exceptional circumstances exist:
(i) the scale of the objectively assessed need;
(ii) constraints on supply/availability of land with the potential to accommodate sustainable development;
(iii) difficulties in achieving sustainable development without impinging on the Green Belt;
(iv) the nature and extent of the harm to the Green Belt; and
(v) the extent to which impacts on the purposes of the Green Belt may be mitigated as far as practicable.
2.13 In respect of the first three points, through the plan-making process, BBC has evidenced a substantial need for development; and there are clearly severe limitations on options to meet this need without altering the Green Belt. Similarly, options to deliver sustainable development - including through the realising the opportunities the Brentwood Enterprise Park presents - without amendments to the Green Belt boundary are very limited.
Landscaping
2.14 In addition, the allocation also seeks to deliver landscaping and groundworks to further improve the visual amenity between the site and the surrounding landscape. Given the Green Belt location of the site, we consider that provisions for landscaping within the site allocation policy is reasonably justified.
2.15 Furthermore, the Landscape Sensitivity and Landscape Capacity Study: Potential and Strategic Allocation Options report by Crestwood on behalf of BBC is supported. We note in particular Appendix L3 of the Landscape Sensitivity and Capacity Study finds that the site is Low Landscape Sensitivity, Low Landscape Value, with a resultant High Landscape Capacity (a high capacity site being more readily able to accommodate development).
2.16 Appendix L4, the Landscape Character Assessment (LCA), states Moderate Overall Sensitivity to Change, and considers the Site within the LCA as being Low (as L3 above). Appendix L5 summarises the capacity for development as High (the highest it can be). We agree that the site should be preferentially prioritised for development when considering effects on the landscape, and consider that the site is justified for inclusion in the plan on this basis. Further, it is considered the plan has been positively prepared in the way it has considered and identified sites that have are shown to have capacity in terms of effect on the surrounding landscape.
Economic Evidence Base
2.17 The Draft Local Plan evidence base includes input on the economic forecasts for the Council, including commentary on job growth, employment land requirements and how they relate with growth in other areas. The provision of around 2,000 jobs will undoubtedly aid in achieving the social aspect of sustainability in respect of the NPPF, providing employment opportunities to facilitate the growth of the borough.
2.18 The number of jobs and job capacity is largely derived from the estimate of employment floorspace. The Economic Futures document has estimated the number of jobs to be provided on the basis that all employment allocations come forward, while also stating that the purported numbers are indicative. Paragraph 4.1 sets out the methodology for calculating job capacity, with the report going on to state that BEP will provide a total of 4,070 new jobs. We do not consider this figure to be justified, principally because it is based on an over-assumption of the amount of office space that may be provided. The number of jobs will depend on final mix of uses however estimates based on employment density guidance indicates in the region of 2,000 jobs, due mainly to the lower estimation for the amount of office space to be provided by the scheme.
2.19 The economic evidence base supporting the quantum and location of employment land is considered in more detail in Section 5 of this representation in the context of Policy PC03 - Job Growth & Employment Land.
Transport and Access
2.20 The BEP Site allocation is ideally located to provide direct access to the strategic road network for the commercial vehicles that will be generated by the proposed business uses on the site. This will avoid the adverse impacts of commercial vehicles, including HGVs, on the local road network and local residents, that would be likely to occur if these business uses were located on an alternative site or sites that did not have direct access to the strategic road network.
2.21 As further discussed within this representation, studies have shown that access to the strategic road network for BEP which is compatible with the LTC proposals for J29 is achievable, and therefore the allocation of the BEP is not compromised by the LTC, should it be delivered.
2.22 The transport assessment undertaken to assess the potential impact of the Local Plan on the road network adopts a methodology that forecasts future demand based predominantly on historic trends, in terms of trip generation and background traffic growth. It does not fully account for the likely demand suppression that will occur due to worsening traffic congestion on the road network, i.e. constrained network capacity, which is known to be taking place and driving changes in travel behaviour including:
a. Fewer and short journeys being undertaken through more working from home, combining trips, ordering of goods and services over the internet, etc.
b. Shift to using alternative modes of transport such as public transport, walking and cycling
c. Changes in the timing of journeys to avoid the most congested period
2.23 Additionally, emerging internet based services, such as ride sharing, mobility as a service and demand responsive public transport, are likely to further change the way that people choose to travel in the future, all of which are forecast to temper or lessen future traffic growth. The transport assessment undertaken in support of the Local Plan recognises that these changes in how people are travelling are already taking place and are likely to accelerate, with evidence of this now being seen in the most recent travel statistics.
2.24 Consequently, the cumulative traffic demand on the road network forecast in the Local Plan should not be interpreted as the likely outcome of the Local Plan site allocations. Instead it should be considered as an indicator of overall travel demand to inform future policy aimed at accommodating it in a more sustainable way that avoids the 'very worst case' forecast traffic growth. The traffic forecasts in the transport assessment should not, therefore, be relied upon to inform specific requirements for road network capacity enhancement schemes, since to do so would very likely result in unnecessarily excessive and expensive schemes.
2.25 It is also noted that the trip generation forecast for BEP used in the Local Plan transport assessment is based on the site having an employment capacity of approximately 3,000 jobs, which is considered to be an over estimate. Based on industry standard employment densities for the likely mix of business uses on the BEP Site which is proposed by St Modwen, the employment capacity is forecast to be approximately 2,000 jobs. Therefore, the Local Plan transport assessment overestimates the likely trip generation for BEP by as much as 50%.
2.26 The indicative plan of potential sustainable transport linkages shown in Figure 3.14 - Southern Growth Corridor: Sustainable Transport, included in the Infrastructure Delivery Plan should only be seen as an example of how the proposed development sites along the A127 could possibly be linked by a package of sustainable transport measures. It should not be seen as representing the specific measures that will be implemented. This is because further detailed evaluation is required to establish if they represent the most appropriate proposals, taking account of the wide range of sustainable transport measures that could be adopted by the different sites, and to confirm their deliverability (recent discussions with other parties involved with land along the A127 have mentioned the use of compulsory purchase powers, which can be a costly and lengthy process).
2.27 While recent engagement with David Ubaka Placemakers and other stakeholders in the Southern Growth Corridor has shed further light on the proposed sustainable transport measures, there is considered to be more work required before a detailed solution is available. It should therefore be recognised that the package of sustainable transport measures that will be implemented for the sites along the Southern Growth Corridor may ultimately be different to those presented in the Infrastructure Delivery Plan. The IDP itself is acknowledged to be a 'live' working document (see paragraph 1.2) and hence the final package of sustainable transport measures will be agreed at the planning application stage for the relevant development sites along the Southern Growth Corridor.
2.28 Fundamentally however, the allocation of sites including BEP, Childerditch Industrial Estate, West Horndon and DHGV along the A127 all make a strong business case for the implementation of a robust and efficient package of sustainable transport measures.
Lower Thames Crossing & Additional Land Required for Access
2.29 The BEP Site benefits from existing access to M25 junction 29 that can provide for a first phase of development and, in enhanced form, for access on a permanent basis should the Lower Thames Crossing not proceed.
2.30 Should the Lower Thames Crossing come forward, it is noted that latest proposals include potential slip roads at junction 29. This includes one running from the A127 westbound onto the M25 southbound at junction 29. The current proposals for the LTC would therefore conflict with both the existing and currently proposed access arrangements for the BEP.
2.31 Extensive liaison has been undertaken and will continue to be undertaken with representatives from Lower Thames Crossing, Highways England, Essex County Council, Peter Brett Associates and all other relevant parties. The Highways England LTC team have confirmed their commitment to proactively find solutions to allow BEP and the LTC to come forward in a manner which is mutually acceptable.
2.32 Key to this is an acknowledgement that certain land around junction 29 and the A127 will likely be needed for transport works should the LTC project proceed as currently envisaged. Accordingly, such land should be acknowledged in the Local Plan as being released from the Green Belt should it be required to provide works to allow for access to the BEP Site.
2.33 The plan at Appendix B shows the additional land that may be necessary to be released from the Green Belt in order for it to be developed for transport works to facilitate access to the BEP Site. Such release would only take effect if the land was needed for transport works to deliver access to the BEP Site.
2.34 At present, the options set out in Appendix B include land to facilitate access to junction 29, or to facilitate access to the BEP Site from the B186/Warley Street. This will likely include additional land to the north of the A127 to allow for potential access via junction 29 linking via an improved bridge, as well as land to the east including around the A127/B186 junction to allow for potential junction and slip road improvements. This includes land to the south along Warley Street to allow for potential realignment of the road / roundabout to provide access to the site.
2.35 Policy E11 must therefore be amended to acknowledge the above access options and to provide for the land to be released from the Green Belt for such purposes should that be required.
2.36 It is proposed that the policy wording seeks to ensure that works on this land are kept to the minimum necessary to facilitate the required access and highway improvements. It should also be noted that access infrastructure is likely to be at grade (or below) existing levels and would not add any significant volume/built structures to the land, and therefore any impact on openness would therefore be limited.
2.37 The need to maintain the possibility of achieving safe, satisfactory access arrangements to the largest employment land allocation in the borough in the context of the LTC is considered an exceptional circumstance, and therefore warrants this additional land to be removed from the Green Belt if required.
2.38 Further, Paragraph 146 of the NPPF sets out the forms of development that are not inappropriate in the Green Belt, provided the preserve openness and do not conflict with the purposes of including land within it. This includes, at point c), local transport infrastructure which can demonstrate a requirement for a Green Belt location.
2.39 This approach has been used in the nearby East Herts District, where the recently adopted East Herts District Plan 2018 found that in order to provide necessary highway capacity to meet the wider needs of existing residents and businesses, as well as for future growth, the connectivity over the River Stort requires significant improving. In accordance with the NPPF, the Council considered it appropriate for new crossings to be located across Green Belt land, and as a result of the adopted plan, East Herts District Council are working with other LPAs and Authorities to explore landownership associated with the delivery of additional transport capacity, and also reviewed the use of CPO powers if deemed necessary. Whilst this approach could also be adopted in Brentwood there is a need for the Local Plan to provide for release of land from the Green Belt for access should this be required.
2.40 It is additionally noted the Brentwood IDP indicates the potential implementation of sustainable transport measures around the site. The release and identification of such land on the proposals map is therefore an important requirement for the Local Plan.
2.41 In order to achieve the above, we request that the first paragraph of Policy E11 is amended to read as follows:
"Land south east of M25 Junction 29, as shown on Appendix 2, is allocated to provide high quality employment development and a significant number of jobs.
In addition, the areas of land (shown on the plan at Appendix 2) shall be released from the Green Belt for works to provide access to the site should this be necessary. The final extent of the land that is released for such works shall be identified in a planning application and shall be kept to the minimum necessary to provide an appropriate and safe access to the Brentwood Enterprise Park Site along with any associated highway and infrastructure works.
Development proposals for the Brentwood Enterprise Park site should consider the following:"
2.42 The plan at Appendix 2 to the Draft Local Plan will need to be updated to be in line with the plan attached at Appendix B of these representations.
3. Section 3 Spatial Strategy, Vision and Strategic Objectives
SO1: Manage Growth Sustainably
3.1 We support strategic objective SO1. In order for the Local Plan to be sound, it is essential that it ensures the borough's growth is managed, and in a sustainable manner. As per the NPPF (paragraph 8), achieving sustainable development means pursuing environmental, social and economic objectives; recognising these objectives are interdependent and mutually supportive. It is critical that these objectives are carried forward into the detailed policies and allocations of the Local Plan.
SO3: Deliver Sustainable Communities with Diverse Economic & Social-cultural Opportunities for All
3.2 We support strategic objective SO3. In particular, we welcome its recognition of the importance of the economic climate to the borough's communities. We support the recognition of the importance of identifying opportunities for economic growth - the NPPF is clear on the need for Local Plans to look to realise opportunities for development.
3.3 Also set out in the Strategic Objectives section is the reasoning behind the identified key growth areas. We broadly support the identified key growth areas and the strategy, which seeks to deliver growth along the established transport corridors of the A127 and A12. Paragraph 3.21 part b) sets out the proposals for delivering employment growth in the M25/A127 areas.
Growth Areas
3.4 We support the identification of the opportunity to provide a strategic employment allocation at the BEP Site. Such an approach accords with the Draft Local Plan's strategic objectives pertaining to the identification of economic growth opportunities, and thereby assists in ensuring this objective is effective. The BEP would deliver significant economic, social and environmental benefits, allowing it to come forward as a sustainable growth location to support the growth of the borough.
3.5 Fundamentally, the provision of employment land provides job opportunities and space to deliver economic growth not just in Brentwood, but throughout the region. The well-connected highway network and provisions for sustainable transport links will ensure that the BEP Site provides employment space that will make best use of its location, set within easy reach of London, DP World, the Dartford Crossing and other notable businesses and employment centres. It is recognised in the plan that other proposed infrastructure projects, such as the Lower Thames Crossing, are most beneficial to distributors and companies that are of a certain scale, who will require larger spaces and facilities from which to run their businesses. As such, employment proposals such as BEP are required not just to provide economic growth and opportunity in their own right, but also to harness the opportunities granted by future infrastructure.
3.6 The provision of jobs and employment to support the borough's population is key and the social benefits of the BEP development would principally derive from the number of jobs provided by the development, enabling future and existing residents of the borough to live and work within the locality. It is intended that a planning application will be progressed immediately and delivery on site can come forward over the next 1-15-year period, potentially providing several years' worth of construction jobs and contracts in the construction sector alone.
3.7 Currently, St. Modwen's strategy continues to be for a planning application to be prepared for submission alongside the examination in 2019, targeting determination following receipt of the Inspector's Report and adoption of the Local Plan. This pro-active approach, if reflected in an amendment to the BEP Site's delivery forecast, will lead to an effective plan that can allow for the site to come forward expediently to address the borough's employment land needs.
3.8 The site is a sustainable location for development for employment uses owing to its location adjacent to the strategic highway network. Supporting large-scale employment growth here negates the need for the delivery of further employment uses in less sustainable and less suitable locations.
Figure 3.1 - Key Diagram
3.9 The identification of an employment-led development in the south-west of the borough is supported. Such a location is well-connected to the strategic highway network, which as set out above, facilitates connections to other key employment centres. As such, the proposed approach in this regard is justified. The allocation of the BEP Site for new employment development is clearly very much consistent with national policy; and will make a significant contribution to ensuring the Local Plan is positively prepared. Indeed, if the Key Diagram were not to identify and promote realisation of such an opportunity, we consider that such an approach could not be consistent with national policy or justified.
4. Section 5 - Transport and Connectivity
4.1 Successful delivery of the allocated development within the growth areas requires a grounded appreciation of the transport issues along the various corridors. Section 5 of the Draft Local Plan covers how the Plan seeks to develop a resilient built environment. Page 92 sets out the Transport and Connectivity related policies.
4.2 We support part C of Policy BE11: Strategic Transport Infrastructure, which sets out how the Council will continue to liaise with Highways Authorities and other key stakeholders to ensure the necessary improvements to ensure highway infrastructure capacity is maintained. We welcome BBC's proactive approach in this respect.
4.3 We support the wording in Paragraph 5.105 relating to the South Brentwood Growth Corridor, particularly the intent for BBC to work proactively with developers and stakeholders along the A127. We recognise the need to work collaboratively to address any transport impacts the BEP development may have on the highway network.
4.4 We concur with paragraph 5.107, which raises doubt on the scale and timelines associated with the impacts of the proposed Lower Thames Crossing. Having liaised extensively with the LTC teams, we are aware of the proposals and their relationship with the Brentwood Enterprise Park. We can confirm that the LTC teams and ourselves are committed to the realisation of both projects in a mutually acceptable manner and discussions are on-going in this regard.
4.5 Policy BE13 should acknowledge that site specific policies provide details of how sustainable travel opportunities will be achieved in respect of each site. Accordingly, Policy BE13 should be amended so that it is made clear that it does not have the effect of imposing any requirements on the allocated sites that are in addition to those set out in the individual site allocation policies.
5. Section 7 - Prosperous Communities
5.1 The Economic Aims and Strategy priorities set out within Section 7.3 are supported. We consider these will help facilitate sustainable development, which is of course required to ensure the Local Plan is sound.
5.2 The Brentwood Enterprise Park will provide a range of employment types in a sustainable location. The proposals have been designed to reflect the need for a greater proportion of B-type use classes, supporting jobs in a range of industries that will make the most of the site's location adjacent to an established highways network, fundamentally meeting Economic Aim A1.
5.3 The scheme will provide in the region of 2,000 jobs on an area that makes up around 54% of the land identified for employment use within the Draft Local Plan. Economic Aim E2 seeks the provision of high value, diverse employment uses that will provide a significant number of high skilled and quality jobs.
PC02: Job Growth and Employment Land
5.4 The Draft Local Plan has as part of its evidence base a document entitled 'Brentwood Economic Futures 2013-2033', prepared by Lichfields, which sets out the economic evidence base in support of the Local Plan. We have reviewed the available economic evidence and also considered the conclusions drawn from that document, in particular how it determines the amount of employment land required to support the needs of the borough throughout the next plan period.
5.5 Principally, we have some reservations as to the quantum of employment land that is proposed under the various scenarios considered as part of the study. While each of the scenarios has considered relevant factors conducive to understanding the amount of employment land required, we consider that the Council should be considering the Experian based forecasts set out under Scenario A as a minimum requirement of employment land. The other scenarios do not provide an adequately robust assessment of the land required to support the necessary employment growth.
5.6 In terms of the quantum discussed within the evidence base, the Local Plan forecasts a need between 20.3 ha (Scenario A) and 8.1 ha (Scenario D) for land to be used for B-class employment uses. The Plan seeks to allocate an additional 47.4ha (with BEP accounting for around 55% of this total allocation), allowing for the compensation of the loss of 21.ha of current employment land to other uses. While it is positive that the Council has sought to address the loss of existing land, while also seeking to provide over and above the highest amount required by the Scenario A (Experian figures generated using SHMA data), we would consider the Council could be more proactive by allowing for a greater buffer beyond the requirement of land set out under Scenario A. Such a buffer would ensure flexibility, and therefore effectiveness, should any of the smaller site allocations not be delivered within the timescales envisaged.
5.7 The site's location on the outskirts of London is also considered to assist in addressing the trend for the reduction in B-class land uses within the capital. Situated adjacent to the M25 and A127, the site presents an attractive destination for London firms requiring B1c/B2 and B8 floorspace. Elsewhere in Brentwood, this ability to capitalise on the migration of such employment uses from London is not being realised, as the supply of land for industrial uses is below any of the closest competing Boroughs (Brentwood's supply of industrial land was just 205,000 sq m in 2015/16). In order to attract industrial employers and capture employment opportunities migrating from London, sites like Brentwood Enterprise Park are required to provide the required space and land uses.
5.8 Therefore, not only is BEP the foremost important asset for the Borough in terms of employment land, but especially as an option for the development of B1c, B2, and B8. The loss of the land allocation at BEP would seriously impede the borough's ability to grow in the future, and to take advantage of likely future geographical changes in location and demand for B-class employment uses.
5.9 When further considering and allocations required to deliver the number of jobs to be provided, it is critical that the Local Plan:
a) Provides for sufficient flexibility to be able to respond to rapid change (as required by paragraph 11 of the NPPF); and
b) Does so in a manner that ensures the Green Belt boundary will not need to be reviewed before the end of the plan period (paragraph 136 of the NPPF).
5.10 In respect of this, it must be recognised that the borough is predominantly Green Belt. The Council has evidenced that the current Green Belt boundaries are required to be amended by the new Local Plan (which is appropriate, as per paragraph 136 of the NPPF). In reviewing the Green Belt boundaries at this juncture, it is important that the Council is confident that the amended Green Belt will not have to be altered again in five years, when the Local Plan is required to be reviewed. As such, in considering the scale of land to be allocated to meet development needs through this Local Plan, it is important that a precautionary approach is taken so that the amount of land that is released from the Green Belt is sufficient to ensure delivery of the sites that are allocated in the Local Plan for development.
5.11 We therefore object to Policy PC02, on the basis that at the very least it should be amended such that land allocations are expressed as minimums. If Policy PC02 is amended to state that the allocation of 47.39 ha of new employment land is a minimum this will ensure that the plan is positively prepared, effective and consistent with national policy.
7.19 and 7.20 Employment Land Provision
5.12 Having regard to our comments in respect of Policy PC02 - the need to ensure flexibility; and the need to ensure the revised Green Belt boundary will be capable of enduring beyond the plan period - the Local Plan must use the higher growth forecasts and plan accordingly. In addition, it is important that the Council is satisfied the proposed allocation of employment land is sufficient in respect of the requirements outlined in our response to Policy PC02 regarding the need for both flexibility and for the Green Belt to be able to endure during the plan period.
Policy PC03: Employment Land Allocations
5.13 Policy PC03 sets out a number of considerations which are intended to relate to existing and proposed employment sites identified in Figure 7.6. Brentwood Enterprise Park is listed as one such site in Figure 7.6 of the Draft Local Plan.
5.14 The Draft Local Plan also proposes a specific site allocation policy for the BEP, (Policy E11).
5.15 Policy PC03 contains a prescriptive list of the circumstances when non B-class uses will be permitted in respect of "Redevelopment or change of use of business, office, general industry and distribution". Given that Policy E11 refers to the possibility of development for uses other than B-class uses i.e. for "any associated employment generating sui generis uses" we assume this part of Policy PC03 relates only to existing employment sites. However, in order for the policy to be effective, the policy should be amended so that the opening paragraph reads as follows:
"Within those areas allocated for general employment and office development, set out in Figure 7.6 and on the Brentwood Policies Map, the Council will seek to achieve and retain a wide range of employment opportunities. Further details in this regard are set out in the individual site allocation policies.
In relation to existing employment sites redevelopment for non B-class uses will only be permitted where:"
Paragraph 7.23 - b) part i)
5.16 The reference to BEP within the context of opportunities for growth within the South Brentwood Growth Corridor is welcomed and supported. However, in our view the reference to "redeveloping brownfield land" in sub-paragraph (b)(i) is unnecessary given that the BEP Site has been assessed by the Council and considered to be suitable for strategic employment development. Accordingly, for purposes of clarity we request that sub-paragraph b. i. is reworded to read as follows: "developing land at Brentwood Enterprise Park (see Policy E11)". This would also correct the typographical error of "Site E01" which should instead refer to E11.
Paragraph 7.25
5.17 The NPPF calls for Local Plans to make use of development opportunities. The recognition that the Lower Thames Crossing represents an opportunity which Brentwood Enterprise Park will realise is supported, as this is consistent with relevant national planning policy.
PC05 - Replicates Site Specific policies
5.18 As currently worded, the Draft Local Plan is ambiguous as to whether this policy is intended to apply to proposed as well as existing employment land. If it is intended to apply to new allocations, then similar concerns to those that we expressed in relation to policy PC03 also apply here. To ensure the Local Plan is effective, to avoid inconsistency, and so that it is clear how a decision maker should react to development proposes, Policy PC05 should be amended to make clear it does not apply to the new employment site allocations because these policies have (as applicable) clear 'Development Principles' and 'Infrastructure Requirements'.
6. Section 8 - Natural Environment
NE08 - Lighting Restrictions
6.1 We support what we have inferred is the intended objective of this policy: to ensure lighting schemes are appropriate for the use to which they are associated, and potential harm arising from lighting schemes is minimised. In respect of policy BE08 A a) we suggest that, order to provide greater clarity as to how a decision maker should react to development proposals, it is acknowledged that employment land may well require the provision of lighting for security and operational purposes.
Policy NE9: Green Belt
6.2 It is considered necessary (in respect of the effectiveness of the Local Plan and compliance with the NPPF, in relation to the need to ensure policies are not ambiguous) that the Local Plan makes clear where land is being removed from the Green Belt (such as in respect of the allocation contained in Policy E11). It is suggested that text is added to this policy to clarify that the Local Plan is altering the Green Belt boundaries.
Policy NE13: Site Allocations in the Green Belt
6.3 The policy should be amended to provide clarity that sites are being removed to enable employment needs to be met, in addition to housing. It should be recognised that the development of employment uses has intrinsic community benefits, with resultant social and economic gains.
Potential additional land required for access to Brentwood Enterprise Park
6.4 As covered in elsewhere in our representation, owing to factors arising from the proposals for the Lower Thames Crossing (LTC), it is considered that additional land may need to be released from the Green Belt in order to ensure appropriate access to the BEP Site can be provided.
7. Strategic Environmental Assessment / Sustainability Appraisal
7.1 The Draft Local Plan is accompanied by a Sustainability Appraisal that has been prepared by AECOM, which assesses all sites put forward against a number of criteria in order to ascertain an overview of the sustainability credentials of a site or location. The SA concludes that the BEP Site is suitable for the intended proposals when considered on its own merits and when considered against other options within the borough.
7.2 Turning to the more specific aspects of the proposed allocation, the SA finds that the site scores moderately well when considered against other options for growth put forward at the various stages of plan preparation. While we agree with the allocation, and consider that the SA supports the sustainability of the site location, we consider that a number of the assessed criteria could be more accurately represented.
7.3 The SA broadly supports the inclusion of the Brentwood Enterprise Park within the plan, stating all sites will have good or excellent access onto the strategic highway network, and Brentwood Enterprise Park will provide an opportunity for high-end modern premises, along with appropriate ancillary uses, e.g. a hotel.
7.4 Table C from the Sustainability Appraisal is included above, showing how the BEP site (ref 101Aii) has been assessed against the criteria set out within the plan. It is noted that the site has been scored low in respect of relationship to Local Wildlife Sites, Ancient woodland and also with regard to Air Quality Management Areas (AQMAs).
7.5 It is noted that the criteria in Table B of the SA state that the thresholds have been selected on the basis that County Wildlife Sides and Ancient Semi Natural Woodlands have a relatively low sensitivity. However, the proposed allocation at Brentwood Enterprise Park is adjacent to the Hobbs Hole, and does not directly intersect with it. While a medium score would be more appropriate in this regard, it is important to note that the proposed scheme also provide opportunities for the enhancement of the Hobbs Hole site through the provision of effective landscaping schemes and ecological management.
7.6 The criteria set out in Table B stipulates that a low score is given to sites in or adjacent to an Air Quality Management Area (AQMA), and a medium score will be given if located within a kilometre of an AQMA. Despite not satisfying either of these criteria, the site has scored low in respect of its effect on Air Quality Management Areas. The Assessment justifies this, noting that growth along the A127 corridor can be expected to lead to increased traffic in the Brentwood town centre Air Quality Management Area, which is located some 5km to the north.
7.7 The SA does however follow this up by stating that "there is some uncertainty in respect of this conclusion, given the potential to deliver significant upgrades to walking/cycling and public transport infrastructure through a focus at DHGV, as well as to deliver employment and a local centre (to include a secondary school) on-site." We support this view, and concur that the growth locations identified in the southern corridor cumulatively make a strong business case for the implementation of sustainable transport linkages and necessary infrastructure that will ultimately lessen the perceived effect on the nearest AQMAs. As such, we feel that a medium score would be more appropriate in this regard.
7.8 Finally, on the SA, it is considered to be ineffective to judge the merits of a site for employment use with regard to its proximity to services such as a GP, Primary School and Secondary School. While these services may be considered key to the delivery of successful residential allocations, they are not relevant indicators of sustainability of potential employment sites. The site has been scored low in all three aspects, due to the distance it is located from these services, and we also consider that these scores should be 'NA'.
7.9 As such, the current SA may suggest the proposed BEP is less sustainable than it actually is and this references should be updated. However, it is also relevant to note that the SA is still considered this site as a merited allocation despite this.
8. Summary
8.1 This representation has considered the Brentwood Borough Council Regulation 19 Draft Local Plan against the test of soundness as set out at Paragraph 35 of the NPPF, with specific reference made to the allocation of land for the development of the Brentwood Enterprise Park scheme.
8.2 The representation sets out how the plan, whilst fundamentally sound, is not completely justified or effective with regard to ensuring the adequate delivery of sufficient employment land to support the planned growth of the borough. Furthermore, references to certain of the draft policies and supporting evidence show that the plan should be amended to be more positively prepared and consistent with National Planning Policy.
8.3 Proposed modifications to the plan to address these matters are set out including in relation to Policy E11.
8.4 We request that we be invited to attend the relevant sessions of the forthcoming examination hearings in order that we can provide the Inspector with further oral evidence and explanation in support of these representations.
Appendix A - Letter from Highways England regarding Lower Thames Crossing
Appendix B - Potential land required for access solutions (ref: 5183535-ATK-ZZ-DR-D-0001)

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.