Delete criterion A. b. from Policy R15.

4. Consistent with National Policy.

Criterion A. b. of Policy R15 states 'provision for retail / commercial use'. As currently drafted this is open to interpretation. Policy PC03 which sets the employment land allocations for the Local Plan does not include this site as an allocation. The supporting text to Policy PC07 which sets out the Plans requirements for retail and commercial leisure growth, does not list this site as a location for such development.

It is recommended that this criterion be deleted, in line with paragraph 16 d) of the NPPF.

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

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

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

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

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

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

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.

The plan would be positively prepared if it stated support for a foodstore on Site R15 of a scale and type that could address the need identified in the evidence base.
Lidl proposes also that Policy R15 be revised to explain that the eventual number of dwellings on the site will be determined having regard to the expectation that it will also accommodate a foodstore to meet a proportion of the retail need set out in Policy PC07, but that it is expected to be able to accommodate up to 80 units within Use Classes C2 or C3.

Lidl GB Ltd is the owner of Site R15 and is promoting its mixed use redevelopment for a foodstore and residential use, in accordance with draft Policy R15. Lidl will submit an application for redevelopment after the expiry of the consultation period on the Pre‐Submission Draft Local Plan. The application will be a hybrid with the foodstore element submitted in full, and the residential element in outline. The application will promote Class C2 or Class C3 use (with any C3 use likely to be for retirement living). Based on architectural studies, this will generate a site capacity of around 60 units for C3 use, or up to 80 units if developed for C2 use. In reaching conclusions on capacity Lidl has had regard to relevant design and parking standards, the draft 'Design Plan' and the policies in the Pre‐Submission plan.
Lidl is concerned that a proposal for the mixed use development of Site R15 for a foodstore and C2/C3 use would be in accordance with the objectives of Policy R15, and would promote the objectives of the Local Plan for the delivery of retail and housing within the Brentwood Urban Area (and on Site R15), but might fall nominally short of the "around 80" dwellings aspiration for site R15. The significance of this for the decision‐making process will depend on (i) the final content of the application; (ii) the interpretation of the word "around" in Policy R15 and (iii) the extent to which the housing strategy might in due course incorporate greater flexibility than in the Pre‐Submission draft. At the same time, Lidl will be promoting a foodstore of a scale that will promote an important
objective of the Local Plan, by virtue of the delivery of new convenience floorspace on a preferred site allocated for retail use, in addition to housing.
There are a number of references in the retail evidence base (the 2014 NLP Retail Study) which inform the content of draft Policy PC07 and the mixed use policies in the Pre‐Submission Draft Plan including R14 (William Hunter Way Car Park) and R15 (Wates Way Industrial Estate).

Para 3.112 notes there is only one large food store in the Borough (Sainsbury's at William Hunter Way) which it is said "dominates shopping patterns within the Borough"
Para 3.115 confirms that "The discount food sector is not currently represented in the Borough with the closest Aldi and Lidl stores located in Romford and Basildon". This has not changed.
Para 3.116 confirms that there was surplus convenience goods expenditure in Brentwood at 2014 and recommends that "the priority for short to medium term food store development should be within Brentwood town centre, where the Sainsbury's store dominates the convenience retail provision".
In relation to the William Hunter Way Car Park, NLP note that the permission to develop the site to include 7,340 sqm of convenience and comparison goods floorspace would no longer be progressed and suggest that it "may be more appropriate for the focus to be on providing a greater proportion of comparison goods floorspace within the amended proposals for the site, strengthening the town's high street offer".
NLP note at para 5.21 that Lidl had purchased Site R15 and say that while any application for retail development on the site would need to be properly assessed, "it would benefit the convenience retail offer of Brentwood town centre if another supermarket is provided. Based on a typical Lidl store size, this could potentially absorb around 1,500 sqm of the identified convenience goods floorspace requirement for Brentwood". They conclude also that within the rest of the town centre, development options are limited.
Table 6.1 set out NLP's convenience goods floorspace projections for Brentwood town centre, including 2,913 sqm (gross) for the period 2014‐2020. Table 6.4 suggests how that may be absorbed by "developments that may come forward in the town centre over the Plan period". This includes specific reference to Wates Way.
Paragraph 20 of the NPPF confirms that strategic policies in Local Plans should set out an overall strategy for the pattern, scale and quality of development, "and make sufficient provision for" housing, employment, retail, leisure and other commercial development. Paragraph 35 note that plans are 'sound' if they are: "a) Positively prepared - providing a strategy which, as a minimum, seeks to meet the area's objectively assessed needs". The same tests of soundness will be applied to non‐strategic policies "taking into account the extent to which they are consistent with relevant strategic policies for the area". Under the heading 'Ensuring the vitality of town centres' the NPPF advises that policies should allocate suitable sites to meet the scale and type of development likely to be needed, looking at least ten years ahead. Para 7.47 goes on to note that the Council's policy approach should aim to "at least fully meet retail needs". In this context there are no other sites in Brentwood Centre identified in the evidence base or Submission Draft local plan that could accommodate the identified retail needs.
The Pre‐Submission Plan explains (para 9.2) how the site specific allocations should be read. Each includes reference to the "Amount and type of development" which is to be read as setting:‐ "an approximate number of new homes considered appropriate for a site according to certain characteristics, such as surrounding density and character, and the amount of land considered to be developable.... In addition any land/floorspace requirements for employment and retail provision are included".
Policy R15 states that land at Wates Way is allocated for housing and retail development and that proposals should "consider" the following:
"a. provision for around 80 new homes of mixed size and type, including affordable housing; and
b. provision for retail/ commercial use".1
Lidl is keen to contribute to the delivery of the housing and retail development targets set out in the Submission Draft Local Plan. The need for convenience floorspace in the Town Centre is clearly expressed in the evidence base, and through draft Policy PC07, and would be met by the delivery of a
foodstore on a site proposed for mixed retail and housing use. In the absence of any other means of accommodating the identified need, the plan would be 'positively prepared' if it stated support for a foodstore on Site R15.
The reason for the reference to "around" 80 dwellings is understood. Lidl agrees that the policy should not be prescriptive, particularly as the site is also to accommodate retail development to support the delivery of Policy PC07. There is however a risk that reference to "around" 80 dwellings will be applied as a minimum, and a consequent risk that the delivery of one objective relating to retail need may be compromised if the development delivers fewer than 80 dwellings.
To avoid this conflict, and to ensure that the plan is positively prepared in its approach to meeting identified retail and housing needs, Lidl proposes that Policy R15 be revised to refer to "up to" 80 units within use Classes C2 and/or C3, or to a range with an upper limit of 80 dwellings.

Removal of Allocation R20. This is a small site and should be categorised as a potential windfall site. At present, there appears to be no certainty about its availability.

R10 - We also think that, without any direct evidence of intent on behalf of the landowner, Allocation R10 should also be removed.

Policy R11 - the third sentence of related paragraph 9.137 should be re-worded, for the reasons outlined in our answer to Question 5 above, as follows:
"The site will provide for around 45 homes, anticipated to be delivered between 2023/24 and 2024/25"

Policy R13 - the third sentence of related paragraph 9.146 should be re-worded, for the reasons outlined in our answer to Question 5 above, as follows:
"The site will provide for around 31 homes, anticipated to be delivered between 2023/24 and 2024/25"

All these policies relate to relatively small redevelopment sites within the urban areas of Brentwood and Shenfield. They have all been under consideration since consultations on the Local Plan began with the original Call for Sites in 2009. If indeed these sites are suitable, available and achievable it must be surprising that at least some of them are not yet developed, or in the process of being developed.
Policy R20 concerns the Eagle and Child PH in Shenfield, with an estimated delivery of 20 new dwellings between 2021/22 and 2022/23. This site is surely best regarded as a windfall site, contributing to this stream of new housing supply as and when it is finally redeveloped. The fact that it first appeared in 2009's Call for Sites suggests that there is no urgency on behalf of the current site owners to take things forward. No application has been submitted over the past five years.
Policies R10 to R15 all relate to sites in or close to Brentwood Town Centre. Four of the six are currently used as car parks, three for the town centre and the fourth is the station car park.
Allocation R10 is the Station Car Park. Many such car parks cannot cope with demand as railway passenger numbers continue to increase. Further parking provision will surely be required during the Plan period and, as with other station car parks, multi-storey provision must be one option for increased capacity. This would affect both redevelopment options and the potential number of new houses, if any, the site could provide. Unless the Borough Council can confirm a clear commitment to redevelopment on behalf of the owners that would provide the 100 homes being asked for, then it should be removed as an allocation. We note that delivery is timed for the very end of the Plan period, with a start in around ten years' time. Given what could happen in the intervening decade, we suggest that there is a strong degree of wishful thinking in proposing this land as a residential allocation.
Policies R11, R13 and R14 all relate to existing town centre car parks controlled by the Borough Council. Together they provide nearly 600 or 45% of the publicly available car parking in Brentwood Town Centre. We note that each policy does contain the following caveat:
"development proposals should consider wider Town Centre parking needs in collaboration with other development sites where there is existing parking on site, in order to ensure that current level of Town Centre public parking spaces is maintained".
This would suggest a high degree of cooperation is needed to achieve these sites' redevelopment and maintain the existing level of town centre car parking provision. All three sites have been under consideration since 2009. Anticipated delivery is as follows:
R11 Westbury Road car park - estimated 45 dwellings between 2020/21 and 2021/22, one to two years from now
R13 Chatham Way car park - estimated 31 dwellings between 2020/21 and 2021/22, one to two years from now

R14 William Hunter Way car park - estimated delivery of 300 dwellings between 2022/23 and 2028/29, three to nine years from now.
No planning applications have been submitted on either allocation R11 and R13 in the past five years. It is most unlikely that either site will be able to deliver in one to two years' time. The lead in time for R14 is longer, but again, no proposals for redevelopment here have been submitted in the past five years.
R12 is land at Hunter House, with anticipated delivery of 48 dwellings between 2024/25 and 2026/27. We assume the number of dwellings is based on the application submitted in 2017, and regarded by the Council as finally disposed by notice dated 10 January this year. Paragraph 9.142 referring to Allocation R12 states that the site will provide "... a mix of size and type of homes including affordable in accordance with the Council's policy requirements." It would appear that the applicants' decision not to provide affordable housing in their proposed scheme was one of the main issues of contention.
The latest Five Year Housing Land Supply Statement is for 31 March 2018, published in November 2018. It demonstrates a 4.1 year supply. Around half of the supply required (820 dwellings) during the period 2018 to 2023 is to come from allocations set out in the Pre-Submission Document. We believe there is considerable doubt over R11, R13 and R20's ability to deliver during this period.
The general point we are making here is that a number of the Pre-Submission Document's brownfield allocations have been under consideration for ten years or more. Some of them, like the town centre car parks, will be complicated to redevelop. We have emphasised throughout the Local Plan process that many of these sites were unlikely to make early contributions to meeting housing supply requirements, unlike our client's site at Pilgrims Hatch that is straightforward to develop and in a single, willing ownership. The problem remains, and supports our contention that the Plan needs more easier to develop sites, with an ownership ready to start.