Duty to Co-operate -

The 'duty to cooperate' (the Duty) was introduced by the Localism Act in November 2011. The Act inserted a new Section 33A into the Planning and Compulsory Purchase Act 2004. This placed a legal duty on all local authorities and public bodies (defined in Regulations) to 'engage constructively, actively and on an ongoing basis' to maximise the effectiveness of local and marine plan preparation relating to strategic cross boundary matters, and in particular with County Councils on strategic matters.

The National Planning Policy Framework (NPPF) provides detail on how strategic planning matters should be addressed in local plans (paragraphs 178-181). Local planning authorities are expected to work 'collaboratively with other bodies to ensure that strategic priorities across local authority boundaries are properly coordinated and clearly reflected in local plans' (paragraph 179). 'Strategic priorities' to which local planning authorities should have particular regard are set out in paragraph 156 of the NPPF.

Specific guidance on how the Duty should be applied is included in the National Planning Practice Guidance (PPG). This makes it clear that the Duty requires a proactive, ongoing and focussed approach to strategic matters. Constructive cooperation must be an integral part of plan preparation and result in clear policy outcomes which can be demonstrated through the examination process.

The PPG makes it clear that the Duty requires cooperation in two tier local planning authority areas and states 'Close cooperation between district local planning authorities and county councils in two tier local planning authority areas will be critical to ensure that both tiers are effective when planning for strategic matters such as minerals, waste, transport and education.' (Paragraph: 014, Reference ID: 9-014-20140306)

In accordance with the Duty, as established in the Localism Act 2011, ECC will contribute cooperatively to the preparation of the Brentwood Local Plan, particularly within the following broad subject areas,

* ECC assets and services. Where relevant, advice on current status of assets and services and the likely impact and implications of proposals in emerging plans for the future operation and delivery of ECC services.
* Evidence base. Guidance with assembly and interpretation of the evidence base both for strategic/cross-boundary projects, with a focus on education provision, transport studies and modelling, and economic growth requirements.
* Sub-regional and broader context. Assistance with identification of relevant information and its fit with broader strategic initiatives, and assessments of how emerging proposals for the new Local Plan may impact on areas beyond and vice-versa.
* Policy development. Contributions on the relationship of the evidence base to structure and content of emerging policies and proposals.
* Inter-relationship between planning documents. Including the Essex Minerals Local Plan and the Essex and Southend-on-Sea Waste Local Plan.

BBC has already undertaken work with ECC under the Duty during the preparation of the Draft Local Plan with regards to highway matters, education, minerals and waste, and other areas of responsibility of ECC.

The ECC response identifies where and how BBC need to further engage with ECC to ensure BBC meets its duty to cooperate, and where BBC need to consider additional evidence to further inform and clarify the policies in its new Local Plan.

An Infrastructure Delivery Plan (IDP) will need to be prepared to support the pre-submission Local Plan, to identify the infrastructure required, and how and when it will be funded and delivered. As a provider of key services and subject to statutory responsibilities, for example minerals and waste, highways and education, ECC will need to be involved in the preparation of the IDP.

ECC will continue to contribute cooperatively with BBC in the preparation of the new Local Plan through to examination. To this end, BBC will need to ensure ECC is involved in the further assessment of the impact of growth proposals on the transport and highway network and required mitigation (it is noted that transport modelling is being undertaken by external consultants and not through ECC, therefore ECC will need to review and qualify the external consultants' findings and recommendations); further assessment of the need for additional pupil places and school provision, including early years and childcare; consideration of surface water management; and consideration and planning for minerals and waste management, amongst other relevant matters. ECC will also engage actively with Highways England (HE) on the M25 and A12 to ensure that any strategic impacts arising from growth are considered on their network. The impacts of the preferred route of the Lower Thames Crossing (LTC) will also need to be considered in relation to transport movements within the Borough, and beyond, as well as any potential impact on the proposed spatial strategy.

ECC recommends that BBC ensures that engagement with ECC officers and members takes place collaboratively on an active, regular, and ongoing basis covering all areas of ECC responsibility to ensure the Local Plan is deliverable and viable as it prepares its Regulation 19 Local Plan. This will include seeking to ensure that the emerging Local Plan and the supporting evidence base contain appropriate information concerning the phasing, delivery and funding of infrastructure. Most notably education - primary and secondary schools, early years and child care provision - delivery of sustainable urban drainage (SuDS), transportation mitigation, and infrastructure required for the Dunton Hills Garden Village (DHGV).

This is crucial given that BBC's timetable for Local Plan preparation indicates 'Pre Submission' consultation is scheduled for the third quarter 2018 (July-September) and the Submission Local Plan is anticipated for the fourth quarter of 2018 (October-December). ECC notes this is an ambitious timetable given the need for BBC to address the full range of consultation responses and update the evidence base particularly the IDP and complete transport modelling and mitigation requirements, in order to produce a sound, justified and compliant Local Plan, in what would amount to a few months. ECC advises that other Essex authorities have generally taken 12 months between Regulation 18 to Regulation 19 given the complexity of issues and outstanding matters that need to be resolved.

ECC also recommends significant partnership working will be necessary with BBC, its transport consultants, and Highways England (HE), in reviewing and progressing the highway modelling to support the Local Plan, including the identification of necessary mitigation measures on the strategic (M25/A12/A127) Corridor, local and wider highway network, including sustainable transport measures.

Such partnership working is to include regular joint liaison meetings between PBA (Peter Brett Associates - BBC's transport consultants), HE, BBC and ECC to progress the plan regarding highway matters. It will also be necessary to identify the requirements for infrastructure and other planning mitigation measures with regards to individual sites, and especially those regarded as 'strategic' in nature.

Meetings and working groups should also be established with the other ECC functions, as well as associated external partners, including those relating to public health, education, minerals and waste, flooding and community infrastructure.

ECC draws attention to its response to the Draft Local Plan consultation in 2016, and would advise BBC that its content is still relevant to the current consultation. This is attached as Appendix 2.

In summary ECC re-iterated the need for the Local Plan to be supported by a proportionate evidence base and that all reasonable alternatives for a spatial strategy be considered. Further clarification was sought on a number of matters including:

Spatial Strategy -
* how the A127 Corridor provides more opportunities for growth than the A12 Corridor,
* identification of any cross border implications of the spatial strategy given ECC's role as highway, education, minerals and waste authority,
* identification of what infrastructure is necessary to deliver the spatial strategy, strategic and individual site allocations;

Housing -
* demonstrate that level of growth can be accommodated by the existing and new social and physical infrastructure,
* how Independent Living programme is to be delivered,
* joint working with ECC and partner local authorities to identify and deliver transit sites for Gypsy and Travellers;

Economic Growth -
* additional evidence required regarding the impact of the significant employment land allocation at Brentwood Enterprise Park on the strategic junction, local road network, and necessary mitigation measures, including sustainable transport measures given the location is not favourable to sustainable travel;

Highways -
* joint working should be established between all the relevant partners to identify necessary mitigation at relevant junctions, to consider the cumulative impact of growth within the borough, and to consider the wider planned growth on the local and strategic route network;

Education -
* continued work required by BBC with ECC to ensure education needs are appropriately and adequately assessed as the new Local Plan continues,
* further assessment of potential delivery and resource requirements for accommodating anticipated pupil growth to inform pre-submission plan and Infrastructure Delivery Plan (IDP),
* consider potential cross-boundary issues with Basildon arising from Dunton Hills Garden Village (DHGV),
* early years and childcare requirements should be included.

ECC recommends that all of the matters raised in its 2016 response are addressed as the plan progresses through to pre-submission.

ECC welcomes the inclusion of the historic environment, in the form of listed buildings and conservation areas, when considering sites for selection. However the setting of heritage assets and the overall historic environment, including archaeology and landscape, should also form part of these considerations, which is currently omitted.

ECC questions the inclusion of site 121 (Mellon House) in the calculations of existing allocated employment land given evidence which advises that this site has been sold to a residential developer. The site has Permitted Development approval for 70 flats and planning permission granted for an additional 5 penthouses.

ECC seeks clarification over the assumptions and considerations taken when determining the delivery forecast figures assigned to the employment sites, other than BEP.

ECC seek clarification on the balance to be achieved between providing residential development in the town centres, on sites currently providing car parking facilities, and the need to ensure local retail and leisure sector businesses continue to thrive and are provided with suitable facilities.

Dunton Hills Garden Village -
ECC recommends that BBC should seek to produce a Development Plan Document (DPD) to support the planning policy position for DHGV. This will ensure that the development can be delivered with the appropriate infrastructure and phasing.

Whilst from a sustainable transport perspective it is a positive to see the reduction of car parking spaces through development of the car parks, ECC seek clarification on the balance to be achieved between providing residential development in the town centres, on sites currently providing car parking facilities, and the need to ensure local retail and leisure sector businesses continue to thrive and are provided with suitable facilities.

Many of the sites are reasonably well located and accessible, however it will still be important to ensure that additional passenger transport facilities and service funding is secured to enable the existing routes to be enhanced, in terms of frequency, quality and coverage/connectivity. Some of the more important ones are listed below. 

The Draft Plan is light with regard to the specification of improved infrastructure to facilitate sustainable modes of accessibility throughout the Borough. There should be stated aspirations of infrastructure needs specified in the Draft Plan, to be addressed as and when opportunities arise.

There should also be enhanced arrangements to facilitate bus access at Brentwood Station (The Parade) and Shenfield Station.

Paragraph 67 - It is good to note the stated intention of the Council is to 'see an integrated and comprehensive approach to development' - this stance will certainly be beneficial when the LPA is considering the potential sustainable transport solutions necessary to serve its planned developments. It is likely that the Council will need to consider the cumulative impacts of adjacent / aligned developments, in order to ensure that through the pooling of contributions from sites, assurances can be obtained that sufficient pump priming funding can be provided to enable bus services at a suitably attractive level of frequency and quality can be procured for a sufficiently long bedding in period - thus containing the impact of developments on the local highway network.

Education Comment -
ECC advises that the accessibility of all housing sites to schools via safe direct walking and cycling routes must be considered. Particular attention should be paid to allocations 022 and 106.

Education Comment -
ECC advises that the accessibility of all housing sites to schools via safe direct walking and cycling routes must be considered. Particular attention should be paid to allocations 022 and 106.

Area/site specific policies in Pre-Submission Plan for preferred housing and employment sites -

It is recommended that area/site specific policies are included in the Pre-Submission Plan for preferred housing and employment sites, including DHGV. This would provide a clear picture of where development is to be focused and enable specific policy requirements to be outlined. This would cover infrastructure such as the need to provide land for a new school/EYCC facility, highway/access requirements, flooding and surface water mitigation and other community infrastructure requirements such as health services, as well as housing mix.

See attached.

See attached.