LOCAL PLAN REPRESENTATION
CADDICK LAND
LAND AT OLD FARM, CLOPHILL ROAD, MAULDEN, BEDFORDSHIRE
LOCAL PLAN REPRESENTATION
On behalf of: Caddick Land
In respect of: Land at Old Farm, Clophill Road, Maulden, Bedford
Date: February 2018
Reference: ML/KD/2868le/R002
Author: KD
DPP Planning Second Floor 1 City Square Leeds LS1 2ES
Tel: 0113 350 9865 E-mail [email protected]
www.dppukltd.com
CARDIFF LEEDS LONDON MANCHESTER NEWCASTLE UPON TYNE
Caddick Land
Contents
1.0 INTRODUCTION ...... 5
2.0 THE TEST OF SOUNDNESS ...... 7
3.0 THE SITE AND THE SURROUNDING AREA ...... 8
4.0 THE PROPOSED ALLOCATION ...... 11
5.0 THE SPATIAL STRATEGY ...... 13
6.0 POLICY SP1 ...... 15
7.0 SETTLEMENT HIERARCHY ...... 19
8.0 POLICY SP7 – DEVELOPMENT WITHIN SETTLEMENT ENVELOPES ..20
9.0 POLICY HA1 ...... 22
10.0 SUITABILITY OF THE SITE FOR DEVELOPMENT ...... 24
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Executive Summary
The following written representation is prepared on behalf of Caddick Land in respect of land interests at Old Farm, Maulden.
The statement demonstrates that:
• The housing requirement proposed by Policy SP1 is insufficient to meet the needs of the District and the housing market area and restricts sustainable development in conflict with the crux of the NPPF. • In respect of housing requirement, the Ministry of Housing and Local Government in their letter dated 30th January 2018 have made it clear that ‘the new standardised method should be used, unless the plan will be submitted for examination on or before 31st March 2018, or before the revised Framework is published (whichever is later).’ As the Draft Local Plan will not be submitted before the 31st March 2018 it is plain that the standardised methodology should have been used in the Draft Local Plan. The housing requirement set out in Policy SP1 equates to 1,967 dwellings per annum which is significantly below the capped housing requirement as calculated using the standardised methodology and even further below the Government’s understanding of the actual annual housing need which is 2,553 dwellings per year. • The Draft Local Plan is over reliant on the delivery of large strategic sites and despite recognising the benefits associated with the allocation of small and medium sized sites there is a paucity of such housing allocations. • Maulden was identified as a Large Village in the old Core Strategy and Maulden (Clophill Road) was identified as a Small Village. However, Maulden and Maulden (Clophill Road) are, in reality, one large urban area with shared and linked services and facilities, most notable Maulden Business Park. The proposals map – sheet J – shows Maulden and Maulden (Clophill Road) together. • Maulden is a sustainable settlement with an excellent range of services and facilities including recreational facilitates, a food store, pubs, eateries and schools. • A detailed assessment of the Site demonstrates that it is suitable, available and achievable for residential development in the short term and should be allocated for residential development in the Draft Plan.
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1.0 Introduction
1.1 In 2009 Central Bedfordshire became a Unitary Authority and the new Authority is in the process of developing the Central Bedfordshire Local Plan (‘the Draft Local Plan’). Central Bedfordshire Council (‘the Council’) published the Pre-Submission Local Plan for public consultation between the 11th January and 22 February 2018.
1.2 The Draft Local Plan sets out the Council’s proposed strategic policies and allocations over the plan period up to 2035. Paragraphs 1.2.3 and 1.2.4 state:
“Local authorities are also required to work constructively with their neighbours and other bodies under Duty to Co-operate, to ensure that cross-boundary issues like East West Rail (EWR), housing need and jobs are not planned for in isolation.
In addition, the Government’s most recent Housing White Papers (February 2017 and September 2017) urge local authorities to make more land available for homes in the right places by maximising the contribution from brownfield land, releasing more small and medium sized sites, and making it easier to build new settlements.”
1.3 DPP submitted written representation to the first draft of the Draft Local Plan in August 2017 in respect of Caddick Land’s various issues and in particular their land interests at Old Farm, Clophill Road, Maulden, Bedfordshire (SHLAA Ref: NLP270 and NLP276) (‘the Site’). The previous representation sought the allocation of the Site for residential development.
1.4 We have now had the opportunity to read the Draft Local Plan and its associated evidence base and we have a number of comments. This representation draws upon the technical reports submitted in respect of a planning application for the development of up to 49 dwellings (application ref: CB/18/00435/OUT) at Old Farm, Clophill Road, Maulden. This application was submitted to the Council on the 1st February 2018. The following technical reports are attached to this representation.
• Ecological Impact Assessment (ADAS); • Environmental Management Plan (ADAS); • Flood Risk Assessment and Drainage Strategy (Richard Jackson); • Transport Statement (Richard Jackson); • Landscape and Visual Impact Assessment (Rosetta Landscape Design); and • Archaeological Desk Based Assessment (RSK).
1.5 We have set out our comments under the following headings: -
• Chapter 2.0: The Test of Soundness • Chapter 3.0: The Site and the Sounding Area • Chapter 4.0: The Proposed Allocation • Chapter 5.0: The Spatial Strategy • Chapter 6.0: Policy SP1
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• Chapter 7.0: Settlement Hierarchy • Chapter 8.0: Policy SP7 – Development within Settlement Envelopes • Chapter 9.0: Policy HA1 • Chapter 10.0: Suitability of the Site for Development
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2.0 The Test of Soundness
2.1 Paragraph 182 of the NPPF indicates that a Local Plan will be examined by an independent inspector whose role is to assess whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements, and whether it is sound. A local planning authority should submit a plan for examination which it considers is “sound” namely that it is:
• Positively Prepared: the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development;
• Justified: the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;
• Effective: the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and
• Consistent with National Policy: the plan should enable the delivery of sustainable development in accordance with the policies in the Framework.
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3.0 The Site and the Surrounding Area
The Site
3.1 The Site is located north of Clophill Road. The Site can be seen in red on the location plan below. The land edged blue indicates the ownership boundary.
3.2 The Site comprises of three fields (A, B and C) which are currently in use as arable land for the grazing of horses and sheep.
3.3 The eastern field (A) is bounded by tall hedgerow along Clophill Road to the south, a tall hedgerow with scatter trees to the east with Green End beyond and to the west by a line of immature trees, a post and wire fence and an access road. There is no boundary to the north. The middle field (B) is smaller and linear, sitting between the other two fields. This field is bounded to the south by a intermittent hedgerow which is maintained at a low level, to the west by a mature tall hedgerow and to the east by a line of immature trees and a post and wire fence with an access road beyond. Finally, the western field (C) is bounded by a mature tall hedgerow to the south, a fence to the west and a mature hedgerow to the east. There is a post and wire fence to the north.
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Surrounding Built Form
3.4 In the immediate vicinity of the Site there is: -
• Well established residential development of suburban character to the south of Clophill Road; • A cluster of detached dwellings, concealed largely from view behind dense vegetation to the north east, • A cluster of dwellings around Old Farm, which sits a short distance to the north of the Site; • Several barns and outbuildings still in agricultural use to the north of the Site; • A group of buildings in commercial use to the west of the Site; and • A large recently detached dwelling to the west of the Site.
3.5 In addition to the existing development there are a number of material planning permissions and an allocation in the immediate locality. These include the following: -
• A large area of land immediately to the west of the Site has been allocated as an extension to the existing Maulden Vale Business Park (Ref: EA7);
• An existing residential area in the southern part of allocation EA7. The site of The Lodge has an implemented planning consent for nine apartments; and
• An area of land immediately to the east of Green End has been granted planning permission for the erection of five dwellings which will, when developed, join the eastern end of the Site to the existing built development.
3.6 These areas of built development are shown on the plan below.
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4.0 The Proposed Allocation
4.1 The master plan below shows how the Site upon which an housing allocation is sought could be developed.
Layout
4.2 The masterplan shows the development of up to 49 dwellings which would infill the existing gap between the business park to the west and the commited housing site off Green End to the east. The masterplan shows development fronting onto Clophill Road with cul de sacs branching off from the main access road to allow development to the rear.
Access
4.3 The indicative masterplan details the main vehicular and pedestrian access to be taken from Clophill Road, with cul-de-sacs serving the proposed residential areas to the east and west of the spine road. Further pedestrian access can also be seen to be available from other points along Clophill Road.
4.4 Access through the Site would connect to the existing public right of way running along low ridge to the north of the Site.
Open Space
4.5 Public open space in the form of a new village green, focused around the existing access, has been proposed, together with a wildlife corridor along the east side of the Site. This allows for more recreation space, but also allows improved views from Clophill Road across to low ridge to the north and beyond.
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4.6 The area between the dwellings is proposed to be public open space, allowing public access onto land that is not currently available.
Landscaping
4.7 The indicative layout shows significant new landscape works throughout the Site and includes the following: -
• Specimen tree planting along the Clophill Road frontage to augment the existing roadside hedges; • An extension of the existing roadside hedge alongside the access road to provide visual definition to the dwellings within Field A; • Specimen trees set within a wildflower meadow along the northern edge of the development to provide a strong planted interface between the new dwellings and open land beyond; • A band of mixed trees and shrubs along the western boundary to provide visual separation with adjacent land in industrial use; • Tree planting within the central public open space (the majority of which would comprise native species); and • The area of open ground within Field A between Green End and the gardens of new dwellings sown as a wildflower meadow.
4.8 Landscaping is proposed to all boundaries of the Site. Over time, the new planting will mature to largely screen the new dwellings, providing strong planted context for the whole development and therefore an effective interface between urban form to the south and countryside to the north.
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5.0 The Spatial Strategy
5.1 The Draft Local Plan states in paragraph 5.1.2 that it aims to ‘embrace the opportunities for sustainable economic led growth while safeguarding and enhancing the environmental, heritage and community features that make the area a great place to live and work.’
5.2 To meet statutory requirements Paragraph 5.1.5 states the plan proposes delivery of 39,350 new homes (previously 20,000). The increase from the previous version of the draft plan is explained within the Draft Local Plan as resulting from the Government consultation on housing need1 and unmet housing need from Luton Borough Council.
5.3 Paragraph 5.3.1 highlights the need for ‘the delivery of small and medium scale growth alongside the strategic locations, ensuring a continuous delivery of homes in the short to medium term and enabling the Council to maintain a rolling 5-year housing land supply.
5.4 Paragraph 5.4 sets out the Central Bedfordshire Spatial Strategic Approach. Here the Draft Local Plan states that the plan will, amongst other matters:
• Build on existing and emerging economic strengths in key sectors and deliver a minimum of 24,000 new jobs; • Deliver around 39,350 new homes through new villages, moderate extensions to existing towns and villages; • Balance growth and actively prevent the coalescence of settlements; and • Deliver housing need identified for the Luton HMA and some unmet need from Luton close to where it arises and where there is capacity to do so sustainably.
5.5 We welcome the acknowledgement that growth is needed and we welcome the recognition that not all of this growth can be accommodated on brownfield sites and that there is a need for small and medium sized sites and that such sites are required to ensure that a 5-year housing land supply is maintained. We also welcome the explicit recognition of the need to maintain a 5-year housing land supply. However, we object to the housing requirement identified in the spatial strategy. We will set out our reasons why the housing requirement identified in the Draft Local Plan and referred to in the spatial strategy is inappropriate under our consideration of Policy SP1 below.
Soundness
5.6 The overall strategic approach in terms of recognising that additional growth is needed is welcomed, but we object to the housing requirement within the spatial strategy as this requirement is not justified and has not been positively prepared and will not be effective in meeting the housing needs of the District. The spatial strategy is therefore inconsistent with national policy. The policy has the ability to be made sound with major modifications.
1 DCLG ‘Planning for the right homes in the right places: consultation proposals’ September 2017
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Modification
5.7 Reference to the housing requirement should be removed from the spatial strategy.
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6.0 Policy SP1
6.1 Policy SP1 indicates that between 2015 and 2035 39,350 new homes will be delivered (23,528 dwellings from existing commitments). It is proposed that this will be via a combination of strategic and small-medium scale allocations. The proposed allocations are summarised below.
Area Type of Development Proposed Allocations South Area Accommodate ‘unmet need’ as Luton 7,350 homes within Luton is highly constrained Housing Market Area (HMA)
A1 Corridor Area Large scale growth as a result of East of Biggleswade (around service improvements on the East 1,500 homes) Coast Mainline East of Arlesey (around 2,000 homes)
Land at North, South and East of Tempsford is safeguarded for future development to be assessed further in the Partial Plan Review (10,000+ homes. This does not count towards the Plan target of 39,350 homes)
Land east of Biggleswade, south of Suton and west of Dunton is an identified location for future development to be assessed as part of the Partial Plan Review (up to 5,000 homes. This does not count towards the Plan target of 39,350 homes) East West Area Related to proposed future strategic Marston Vale New Village infrastructure investment (around 5,000 homes)
Land at Aspley Guise (north of railway line) is safeguarded for future development for consideration via the Partial Plan Review (around 3,000 homes. This does not count towards the Plan target of 39,350 homes)
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Area Type of Development Proposed Allocations Central Area Constrained Infrastructure limits RAF Henlow (mixed use strategic growth options. Scope for specialist employment) and small and medium scale sites which extensions to Campton, have good access to services and Clifton, Haynes, Henlow, facilities. Lower Stondon, Maulden, Meppershall, Moggerhanger, Northill, Shefford, Shillington and Upper Gravenhurst.
6.2 The above table sets out that strategic allocations have a capacity of up to 12,500 dwellings. However, Paragraph 6.6.3 confirms that for most strategic sites, the full identified capacity will not be delivered during the plan period. Following this adjustment, Table 6.3 advises that strategic sites will contribute to 9,900 dwellings over the plan period. Small and medium allocations will only contribute 5,505 dwellings. A moderate amount of windfall development is also proposed (2,897 dwellings).
6.3 We note with some concern that the Draft Local Plan is heavily reliant on the delivery of a few large scale strategic sites. Delivery from large scale strategic sites is notoriously difficult to predict and there is a whole host of factors which can delay the granting of the necessary planning consents and a start of development and the subsequent number of dwellings completed per year. Nathaniel Lichfield and Partners have produced a well-researched document entitled ‘Start to Finish – How Quickly do Large-Scale Housing Sites Deliver?’ (November 2016) which looks into the delivery from large scale strategic sites and annual average completions. This research indicates that large scale sites have longer lead in times than smaller sites and whilst completions per annum fluctuate they are not as high as often envisaged by local planning authorities. The Nathaniel Lichfield and Partners report ‘Start to Finish – How Quickly do Large-Scale Housing Sites Deliver’ actually indicates that the annual average build-rate for the largest sites (of 2,000 or more units) is circa 161 dwellings per annum and nowhere near the 300 dwellings per annum predicted in the Draft Local Plan. It is therefore considered that the Draft Local Plan has assumed an unrealistic trajectory for the delivery of dwellings (as depicted in Table 7.1) on these strategic sites and this casts doubt about the soundness of the Draft Local Plan. It is also relevant to note that the DCLG consultation ‘Planning for the right homes in the right places: consultation proposals’ (September 2017) acknowledges that large sites are slow to deliver because of initial infrastructure burden costs and delivery requirements.
6.4 In contrast to this we welcome and support the recognition in Paragraph 6.5.5 that allocations will be made in the form of extensions to various settlement including Maulden and that Policy SP1 itself states that ‘development will also be brought forward through Neighbourhood Plans, and through medium and small-scale extensions to villages and towns throughout Central Bedfordshire’.
6.5 Indeed, the Draft Local Plan recognises at Paragraph 6.7.1 that small and medium sized sites ‘can be brought forward for development more quickly than larger sites, and so aid delivery. These smaller sites will also provide better choice in the market, opportunities for SME builders, and enable
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our settlements to grow in ways that are sustainable, and respect and enhance the character and identity of our settlements and countryside’. Given the above recognition, which we welcome and completely agree with, we question why only 52 such sites have been identified. Surely if small and medium sized sites can be brought forward more quickly, provide better choice in the market as well as providing opportunities for SME builders, thereby increasing housing building, then more of these sites should be allocated for development. We therefore object to the comparative paucity of small and medium sized housing allocations. This is being actively encouraged by the Government.
6.6 In addition to the above, the Draft Local Plan states at Paragraph 1.4.1 that ‘the Government published a new standardised methodology for calculating housing need in September 2017 which meant a significant 60% increase in the number of homes that would be required to be delivered per annum’ .The Draft Local Plan notes that Council have chosen not to use the standardised methodology believing that work is needed on factors specific to Central Bedfordshire before the new approach can be supported and have indicated that the Council are looking to commission additional studies for the relevant Housing Market Area, together with neighbouring authorities. However, the Ministry of Housing and Local Government in their letter dated 30th January 2018 have made it clear that ‘the new standardised method should be used, unless the plan will be submitted for examination on or before 31st March 2018, or before the revised Framework is published (whichever is later).’ There are no caveats to the statement apart from the date when the plan needs to be submitted for examination. It is also clear that the Government plans to introduce the standardised methodology in the near future. As the Draft Local Plan will not be submitted before the 31st March 2018 it is plain that the standardised methodology should have been used in the Draft Local Plan. We therefore object to the fact the standardised methodology has not be used to determine the housing requirement.
6.7 The Government have published the housing requirements of each local planning authority within England using the standardised methodology. In the case of Central Bedfordshire, the spreadsheet shows the future housing needs of the authority as amounting to 2,553 dwellings per year (based on current evidence).
6.8 For local planning authorities where the application of the standardised methodology would result in a significant increase to implied housing requirement (in contrast to existing evidence), this increase would be limited to 40%. This is the case for Central Bedfordshire whereby the requirement for 2,553 dwellings per year as indicated above would result in a 60% increase from the current assessment. As a result, when applying the Government’s proposals in full the future housing requirement for Central Bedfordshire would be capped at 2,240 dwellings per year.
6.9 The housing requirement set out in Policy SP1 equates to 1967 dwellings per annum which is significantly below the capped housing requirement as calculated using the standardised methodology and even further below the Governments understanding of the actual annual housing need which is 2553 dwellings per year.
6.10 The housing requirement set out in Policy SP1 is therefore plainly deficient and as such we object.
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6.11 We object to Policy SP1 on three grounds;
1. The Draft Local Plan is over reliant on the delivery of large strategic sites and despite recognising the benefits associated with the allocation of small and medium sized sites there is a paucity of such housing allocations;
2. The Draft Local Plan has not used the standardised methodology as required by Government;
3. The housing requirement set out in Policy SP1 is insufficient to meet the needs of the District and the housing market area.
Soundness
6.12 For all of the above reasons Policy SP1 is unsound. Policy SP1 is not justified and has not been positively prepared and will not be effective as it not meeting the identified need for housing. The Policy is therefore not consistent with national guidance.
Modification
6.13 Additional small and medium sized sites should be allocated and the housing requirement should be increased to between 44,800 and 51,060 dwellings.
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7.0 Settlement Hierarchy
7.1 The Settlement Hierarchy is contained within a green box, which signifies a policy in the Draft Local Plan, and is the type of matter which, in our experience, is usually contained within a policy. However, we note that the Settlement Hierarchy is not identified as a policy rather it is just a list of settlements. This is strange particularly as there is no policy SP6 in the Draft Local Plan.
7.2 There are four tiers to the Settlement Hierarchy and these are Major Services Centres, Minor Service Centres, Large Villages and Small Villages.
7.3 Maulden was identified as a Large Village in the old Core Strategy and Maulden (Clophill Road) was identified as a Small Village. However, Maulden and Maulden (Clophill Road) are, in reality, one large urban area with shared and linked services and facilities, most notable Maulden Business Park. The proposals map – sheet J – shows Maulden and Maulden (Clophill Road) together and we understand that the built-up areas shown on sheet J are considered to constitute the settlement of Maulden.
7.4 We strongly support the inclusion of the part of Maulden known as Maulden (Clophill Road) within the village envelope of Maulden and the classification of Maulden as a Larger Village.
Soundness
7.5 The approach to the Settlement Hierarchy is sound and we agree that Maulden is a sustainable settlement that can accommodate growth and as such the Settlement Hierarchy has been positively prepared, it is justified and will be effective.
Modification
7.6 No modification required.
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8.0 Policy SP7 – Development within Settlement Envelopes
8.1 Paragraph 9.2.1 suggests that the Council will define Settlement Envelopes in line with the Settlement Hierarchy. Paragraph 9.2.3 goes on to state that:
‘To inform this work the Council is currently undertaking a review of its existing Settlement Envelopes to ensure that they reflect current uses on the ground. They were last updated for the Core Strategy and it is therefore recognised that a large number of changes will need to be made. The updated Settlement Envelopes will be illustrated on the Proposals Map that will accompany the pre-submission version of the Plan.’
8.2 The Proposed Submission Policies Map dated 11 January 2018 therefore does not show any Settlement Envelopes.
8.3 Policy SP7 notes that Settlement Envelopes provide a distinction between settlements and the countryside. In relation to Large Villages such as Maulden, Policy SP7 states that ‘within settlement envelopes of Larger Villages, small scale housing and employment uses, together with new retail, service and community facilities to serve the village and its catchment will be supported’.
8.4 Representations are made elsewhere in this report seeking the residential allocation of the Site and in this regard, we consider that the Settlement Envelope around Maulden should be drawn to reflect the area of the suggested allocation.
8.5 As the Council are undertaking a review of its existing Settlement Envelopes there are no Settlement Envelope and this is clearly unacceptable and as such we strongly object to the current position.
8.6 Further, we also object to the wording of the policy itself. The policy states that
“outside Settlement Envelopes the Council will work to maintain and enhance the intrinsic character and beauty of the countryside and only particular types of new development will be permitted. This includes the development of those sites allocated by this and previous development plans and residential development within exception schemes or dwellings for the essential needs of those employed in agriculture or forestry. Proposals which re-use existing buildings or replace an existing dwelling will be acceptable provided they conform to the specific criteria in this plan”.
8.7 It is considered that the above is too restrictive and is contrary to the NPPF – it effectively precludes all but the most limited forms of residential development. The NPPF does not preclude residential development beyond Settlement Envelopes. Rather, it sets out a presumption in favour of residential development and whilst we agree that any proposal to build beyond up-to-date Settlement Envelopes must be balanced against other policies including countryside policies this does not mean that a housing proposal will not constitute sustainable development and be acceptable. The presumption set out in the NPPF is in conflict with the restrictive nature which this policy seeks to apply.
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Soundness
8.8 It is considered that Policy SP7 is unsound in that there are no defined Settlement Envelopes and the policy itself is too restrictive and could preclude sustainable development in appropriate location. In this regard the policy has not been positively prepared, it is not justified and it will not be effective and is therefore contrary to the national guidance. The settlement envelopes are historic and need updating to reflect the current position.
Modification
8.9 Settlement Envelopes should be defined on the policies map to enable Policy SP7 to be justified and effective and the Site which is the subject of this representation should be included in the Settlement Envelope for Maulden. Furthermore, Policy SP7 should be amended to allow land to come forward outside of Settlement Envelopes in accordance with the principles of sustainable development. These updates should consider the key principles and golden thread of the NPPF.
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9.0 Policy HA1
9.1 Policy HA1 identifies the small and medium sized sites across the District which the Draft Local Plan proposes to allocate for residential use. There are three sites in the Maulden. These are:
• HAS36 – Land North of Clophill Road (45 dwellings); • HAS37 – Land between 129A and 131 Clophill Road (21 dwellings); and • HAS38 – Land fronting Silsoe Road (39 dwellings).
9.2 Site reference HAS36 and Site reference HAS37 are both being considered via planning applications (reference number CB/17/04583/OUT for 25 dwellings and CB/17/00981/OUT for 21 dwellings respectively).
9.3 We welcome the identification of these 3 proposed allocations in Maulden. This plainly recognises that Maulden can accommodate development. We welcome the fact that two of these allocations are on Clophill Road and as such the Council clearly consider that Clophill Hill is an appropriate place for new residential development. We also note the scale of the proposed allocations which are circa 50 dwellings and that all of these allocations fill in gaps between existing built up areas.
9.4 The Site is a small to medium sized parcel of land which is sustainable located and visually and physically contained by existing and permitted built development and the landscape and planting within it. The Site is suitable for development, available and development is achievable. The Site should be allocated for residential development. We will demonstrate that the Site is suitable for development, available and development is achievable next.
9.5 The Site which is the subject of this representation is therefore similar to those parcels of land identified within the Draft Local Plan. On the basis of the above we strongly object to the lack of a housing allocation on the Site which is the subject of this representation under Policy HA1.
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Soundness
9.6 The general approach to Policy HA1 which proposes to allocate small to medium size sites in sustainable locations is welcomed and supported. However, we object to the non-allocation of the Site for residential development under Policy HA1. As argued previously the Draft Local Plan is over reliant on delivery from a number of large scale sites and despite recognising the benefits associated with the allocation of small and medium sized sites comparatively few such sites are identified. Further we have shown that the housing requirement needs to be increased. In order to ensure that the Draft Local Plan is positively prepared, justified and effective in meeting the housing needs of the District more land for housing needs to be identified. We consider that the allocation of the Site for housing development would help to address these issues. At present the Draft Local Plan is unsound in that it has not been positively prepared, it is not justified and it will not be effective as it will not meet the housing needs of the District.
Modification
9.7 Policy HA1 should be amended to include SHLAA site references NLP270 and NLP276 as allocations for residential use as they meet the tests of the NPPF in terms of sustainability, deliverability and suitability.
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10.0 Suitability of the Site for Development
10.1 The NPPF indicates that councils should identify a supply of specific deliverable sites to provide a 5-year supply of housing and developable sites for growth beyond that. The NPPF indicates that to be deliverable sites should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years and in particular that development of the site is viable. To be considered developable, sites should be in a suitable location for housing development and there should be a reasonable prospect that the site is available and could be viably developed at the point envisaged.
10.2 With the aid of a number of technical reports, which are attached to this submission, we have considered suitability, availability, and achievability of the Site. Our assessment is set out below: -
Suitability
10.3 The National Planning Policy Framework sets out a presumption in favour of sustainable development and encourages local planning authorities to focus new development in locations which are or can be made sustainable.
10.4 The key elements to assess are as follows: -
• Relationship to the Built-Up Area; • Relationship to Listed Buildings and Conservation Areas; • Archaeology; • Access; • Physical Constraints; • Access to Services and Facilities; • Access to the Highway Network; • Access to Local Transport; • Access to Employment; • Visual Considerations; • The SHLAA 2016; • Ecological Impact; and • Drainage
Relationship to the Built-up Area
10.5 The Site adjoins the settlement envelope of Maulden. The Site is well related to the urban area, bordering existing, approved or proposed development to the south, west and east. A farm complex and residential properties also lie to the north of the Site. The Site sits squarely in an urban environment and is separate from the wider open countryside by the above built development and landscape features.
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10.6 The proposed development of the Site would therefore consolidate the built-up area of this part of Maulden.
10.7 The Site relates well to the existing built up area.
Relationship to Listed Buildings and Conservation Areas
10.8 The Site is located approximately 0.7km east of the Maulden Conservation Area. The distance of the Site from the Conservation Area ensures that the amenity and character of the Conservation Area will not be harmed by a development on the Site.
10.9 No listed buildings are located within the Site boundary. However, the Site sits near to the following listed buildings: -
• Grade II*: Church of St Mary the Virgin (UID 1321701) • Grade II: Maulden Grange (UID 1137884) • Grade II: Green End Cottage (UID 1321702) • Grade II: Wood Farm Cottage (UID 1137915)
10.10 The Church of St Mary the Virgin, is located within the Conservation Area and is separated from the Site by housing, agricultural fields and a Business Park, no views of the Site would therefore be available from the church. The other listed buildings are also not considered to be impactable by development on the Site, due to their distance from the Site and lack of visibility.
10.11 Therefore, it is considered that the Site could be developed without any level of harm on the nearby above ground heritage assets.
Archaeology
10.12 Within the archaeological assessment of the Site it is concluded that there is low potential for any prehistoric archaeology to be encountered during development. This is supported by the fact that all prehistoric monuments with 1km distance of the Site are ‘findspots’ and as such indicate chance losses and not the permanent presence of archaeology.
10.13 The assessment also states that the Site has low potential for the discovery of roman archaeology or medieval archaeology; although modern dumping was found in the southern part of the Site, this concluded to be insignificant and not archaeological.
10.14 The ridge and furrow earthworks found on Site are not-designated. These earthworks are not considered sufficiently significant to be protected by legislation and as such have limited archaeological value. As indicated by the assessment, they ‘do not constitute an architectural feature’, are ‘not considered of artistic merit’ and are ‘not associated with a specific historic archive’.
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10.15 A further non-designated heritage asset is located on the Site; this is a rabbit warren. It is stated by the report as being ‘predicted’. The presence of a historic rabbit warren is inferred by reference to field names. The report confirms that there is ‘no associated earthworks indicating its presence’.
10.16 The RSK Report indicates that the heritage value of the ridge and furrow is low and of local significance only due to the common occurrence of ridge and furrow nationally. The report goes onto indicate that whilst the impact will be permanent and irreversible within the proposed allocation, the ridge and furrow extends beyond the proposed allocation, and therefore the impact will be of a moderate magnitude on an asset of low significance. The development impact can be mitigated to reduce the heritage significance of the effect. The mitigation would be by way of advanced record by topographic survey and report preparation. This would permit ‘preservation’ by record of the presence of this earthwork. The presence of a rabbit warren and/or any previously unknown archaeological remains could be adequately mitigated by a programme of archaeological work.
10.17 A balanced judgement needs to be made when considering the loss of a non-designated heritage asset. In the planning balance, it is concluded that the sustainable benefits of providing new housing, outweighs the loss of a low significance, non-designated heritage assets. Indeed, the mitigation proposed in the form of archaeological recording is argued as a positive effect because any site findings can be deposited to the appropriate Historic Environment Record which will contribute to improved historic knowledge of the area.
Access
10.18 Richard Jackson have produced a Transport Statement for the Site. This statement confirms that there is an existing junction onto Clophill Road which serves Old Farm. At this location, Clophill Road is straight with good forward visibility. Appropriate visibility splays can be provided.
10.19 It is predicted, using the TRICS database, that the following trips are likely to be generated by the development proposal based on 49 dwellings:
Vehicular Trip Rates AM Peak PM Peak 12 Hour and Trips Arrivals Departures Arrivals Departures Arrivals Departures Private Dwelling Trip 0.129 0.403 0.329 0.175 2.322 2.398 Rate (1 dwelling) Total Trips 6 20 16 9 144 118
10.20 Traffic flows from the proposed development of the Site would therefore be minimal. The report confirms that access to serve a small to medium scale development can be achieved.
10.21 Footpaths are present on both sides of Clophill Road to the west of the existing access and on the northern side of Clophill Road to the east of the access point.
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Caddick Land
10.22 Access to the Site can therefore be achieved within land controlled by Caddick Land or within the highway and that there is no highway or pedestrian safety or highway capacity issues which would preclude development.
10.23 This has been accepted by Highways Authority.
Physical Constraints
10.24 The Site is relative flat with no known physical constraints to development. This is accepted in the site assessment associated with the Call for Sites consultation 2016.
Access to Services and Facilities
10.25 The Site is located just over 1km from the centre of Maulden, which contains an excellent range of services and facilities including recreational facilitates, a food store, pubs, eateries and schools.
10.26 The Site is located approximately 1.5km west of Clophill, which also boasts a range of services including a post office, a selection of eateries and a number of shops.
10.27 The Site is located in very close proximity to a Primary School, Maulden Lower School, approximately (600m), employment opportunities at Maulden Business Park (330m) and St Marys Church (900m). The Site is also with good access to Alameda Middle School and Redbourne Upper School and Community College.
10.28 Residents can also take a bus from Maulden to Flitwick, which has a Tesco Supermarket and other supporting services such as post office, banks, library and cafes. Flitwick is also on the main rail line and only 40 minutes to London and its employment and leisure opportunities.
10.29 A summary of the nearest services is shown in the table below, retrieved from the Transport Statement produced by Richard Jackson on behalf of Caddick Land.
Amenity Description Location Distance (km) Primary School Maulden Lower School Maulden 0.68 Public Houses The George Inn Maulden 0.90 The White Hart Maulden 1.37 The Dog & Badger Maulden 0.76 Places of Employment Maulden Business Park Maulden 0.33 Places of Worship St Mary’s Maulden 0.90 Village Hall Maulden Village Hall Maulden 1.68 Post Office Clophill Sub Post Office Clophill 1.80 Local Shops Co-op Food Store Maulden 1.30 Recreation Ground The Brache Recreation Ground Maulden 1.60
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Amenity Description Location Distance (km) Secondary School Redbourne Upper School Ampthill 4.50 Doctors Health Centre and Surgery Ampthill 3.84 Rail Stations Flitwick Train Station Flitwick 5.60
10.30 The Site clearly sustainably located with access to a wide range of services and facilities and this is accepted in the site assessment associated with the Call for Sites consultation 2016.
Access to the Highway Network
10.31 Clophill Road is a single carriageway road subject to a 30mph speed limit. Clophill Road leads into Maulden to the east, and from here onto the A5120 and the M1 for travel to Luton and to the south, as well as onto Church Street which connects to the B530 and onto the A507 providing access to the M1 and onto Milton Keynes and the north. To the west Clophill Road leads into Clophill, connecting to the A507 and A6, providing links to Bedford in the north and Luton in the south.
10.32 The Site has good access to the local and national highway network.
Access to Local Transport
10.33 The location of the nearest bus stops are as follows: -
Amenity Description Location Distance (km) Bus Stop Opposite Redhills Close Maulden 0.11 Adjacent Redhills Close Maulden 0.13
10.34 The Site is served by a number of bus services (44, 78x, 77, 197, 200, FL1, FL7, FL6A) with the nearest bus stop located approximately 100m east of the Sites existing access. This stop is serviced by the number 44 bus hourly during the day, and more frequently every 30-40 minutes in the morning. The 78x bus runs a service Monday-Friday providing a service to the schools of Bedford. 10.35 Bus services run in the direction of Bedford, Biggleswade and Milton Keynes, providing access to further services and facilities in the wider area.
10.36 The Site is accessible to transportation links and this is accepted in the site assessment associated with the Call for Sites consultation 2016.
Access to Employment
10.37 There are also a number of employment uses within Maulden and Clophill, including shops and services which provide employment locally.
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10.38 In addition, the Site sits adjacent to an existing employment area and a large area of land allocated for employment purposes; to the west of the Site as shown below in red (Ref: EA7 and E1). Residents of the Site would be able to walk to employment opportunities here.
10.39 The Site is also well located in respect to road networks and public transport, which provides wider employment opportunities particularly in Bedford and Milton Keynes. The Site is therefore accessible to a wide range of employment opportunities.
Visual Considerations
10.40 Visibility of the Site is limited due to the presence of the existing built development to the west, east and south and existing vegetation. This is confirmed in the Rosetta LVIA report which notes that the visibility of the Site is limited and states at paragraph 4.3.1 that: -
“Land form, built form and vegetation combine to produce a well-defined, somewhat enclosed landscape character zone around the study site………. Only to the west is there a sense of openness in and out of the site through this situation will change once site EA7 is developed for industrial use.”
10.41 At paragraph 4.3.2 the LVIA refers to wider visibility and states that: -
“The only visual link into the site from Clophill Road is close to its junction with Redhills Close. East of the farm track there is a gap in the main hedge; in addition, the hedge immediately to the west is only a modest feature at present. A clear view to the north east across the relatively flat open site can therefore be obtained from this location (photo 19) though the sense of openness only extends across two fields as far as the woodland edge around 350m distant. To the north and west from this point the view is somewhat restricted by the avenue of trees along the farm track and the group of farm buildings beyond – visual screening from these trees will increase over time as they mature.”
10.42 The report indicates that the inclusion of the Site for residential development will have some minor local visual impact, but this impact will not extend into the wider context.
10.43 Overall, the report concludes that the development will provide an effective interface between the urban form and the countryside to the north and the proposed residential development of the Site has the potential to provide a clearer distinction between the settlement and open land, with beneficial impacts overall.
The SHLAA 2016 and 2018
10.44 The SHLAA 2016 and 2018 suggests that the development of the Site would narrow a gap in Maulden that is distinctive and unique. We cannot find any assessment confirming why this gap in the built-up area is distinctive and unique and there is currently no landscape or townscape policies preventing development. Indeed, the Draft Local Plan Policy SP5 deals with ‘Preventing Coalescence and Important Countryside Gaps’. This policy clear identifies important countryside gaps however it does not allocate the Site as an important countryside gap. This seems to contradict the SHLAA findings.
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10.45 The SHLAA 2016 and 2018 also suggests that the Site is a farmed linear open space. We note that almost all of the new land assessed for development as part of the Draft Local Plan will be farmed (some may be linear some not). At worst this is a neutral matter and not a negative point.
10.46 Whilst we agree that this gap in the existing urban form would be partially lost as a result of development and there would be the loss of a small area of land used as pony paddocks and therefore are more residential in nature. However, our assessment of the value of the gap does not suggest that it is distinctive and it is certainly not unique and the loss of farm land cannot be helped if the housing needs of the district are to be met. It is also relevant to note that the indicative masterplan for the Site maintains good level of open space within the central area and views through this area to the countryside further north. Therefore, a gap and views through this gap are maintained. It is noted that this gap has not been defined in policy terms by the emerging Local Plan and we agree with this position.
Ecological Impacts
10.47 An ecological impact assessment for the Site, undertaken by ADAS in 2016, highlighted a number of species on or nearby the Site, these included:
• Badgers: 220m from the Site • Bats: Significant numbers up to 2km from the Site • Birds: Hedgerows on Site have potential to be nesting habitats for the common bird species • Hazel Dormice: 200m west of the Site, with hedgerows on Site also showing potential for habitats • Common Lizard: evidence of breeding on Site and 600m from the Site.
10.48 Landscape and planting shown in the masterplan would have a positive impact for the Site in relation to bats, dormice and nesting birds due to increases in hedgerows and trees.
10.49 There would be an overall loss of semi-improved grassland, however the grassland on Site is degraded. The masterplan shows how extensive area of new grassland can be provided. This can also form a new or improved habitat.
10.50 Any population of common lizard on Site will be able to seek like for like replacement for their habitats within the Site.
10.51 Overall, the report suggests that with mitigation in place there is no reason to preclude development and a properly conceived development can provide significant biodiversity benefits.
Drainage
10.52 Richard Jackson have undertaken a Flood Risk Assessment and drainage strategy to support the development of the Site.
10.53 The report confirms that the Site is located in flood zone 1 and therefore is at low risk of flooding.
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10.54 Preliminary infiltration testing within the Site shows that ‘ground conditions generally consisted of Topsoil up to a depth of 0.4m below ground level. Groundwater was not encountered at the Site during formation of exploratory holes.’
10.55 The assessment goes on to explain that infiltration rates on the eastern side of the Site were determined to be suitable. As such recommendations made by the assessment are that infiltration drainage is suitable for the eastern part of the Site. The western part of the site is overlaid by Clay, therefore here there is potential for deep soakaways which would require further infiltration testing.
10.56 It is likely that currently surface water run-off is discharged into the ground with some flow going on to Clophill Road in extreme storm events.
10.57 The sustainable urban drainage system (SuDS) features for each area of the Site are identified as follows: -
Area SuDS Feature Area A: Eastern Land Parcel Housing including drives and private roads to utilise permeable paving to discharge to ground Area B: Adoptable Roads Surface water from main access road to be collected by gullies and kerbs and directed to bio retention systems
Area C: Western Land Parcel Housing including drives and private roads to utilise permeable paving, prior to out falling to a soakaway located to the east of vehicular access from Clophill Road
10.58 Within the previously submitted planning application, Anglican Water confirmed that the existing network has the capacity to accommodate foul water from a new development.
10.59 The report confirms that the Site lies in flood zone 1 and can be drained.
Summary
10.60 Given all of the above considerations it is clear that the Site is SUITABLE for residential development.
Availability
10.61 The availability of the Site is assessed in terms of its ownership and whether all owners are known and in support of development on the Site. The Site is in the control of Caddick Land. Caddick Land submitted a planning application in 2017 for the residential development of the Site which was refused and they have recently submitted a revised application which addresses the issues identified by the Council. The Site is therefore plainly available for development.
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10.62 The issue raised in the site assessment associated with the Call for Sites consultation 2016 and SHLAA 2018 regarding the land being used for sileage is plainly not relevant. If the owners or, as in this case the option holders, have indicated that they are in support of the development of the Site then the Site is available. The Site is only not available if the landowner is unknown or the land owner has expressed an intention not to develop the land.
10.63 The Site is therefore AVAILABLE for residential development.
Achievability
10.64 Achievability is based upon an assessment of the housing market in that area, the preparation costs and the developer interest.
10.65 The Site lies within an attractive part of Bedfordshire and there are no abnormal development costs. The Site is being promoted by Caddick Land who feel there is considerable interest in developing in this area. Caddick Land, as experienced developers/promoters of land, believe that the Sie is viable to develop.
10.66 Indeed, as mentioned above, Caddick Land submitted a planning application in 2017 for the residential development of the Site which was refused and they have recently submitted a revised application which addresses the issues identified by the Council. The reports which accompany the planning application demonstrate that the Site is developable.
10.67 It is therefore clear that residential development would be ACHIEVABLE.
Summary
10.68 In summary, the Site is: -
• Not at risk from surface water flooding; • The Site can be drained; • The Site is not a valued landscape; • Not a designated area of natural beauty; • The Site provides opportunities to enhance ecological interests; • Well related to existing development; • There are no heritage or archaeological constraints; • There is no critical infrastructure which would preclude development; • The Site is not located within the Green Belt; • No physical constraints; • Access is available to serve the development; and • Good access to transport links and services and facilities.
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10.69 Both the Call for Sites assessment and our assessment demonstrates that the Site is suitable, available and that development achievable and therefore it is our view that the Site should be allocated for residential development under Policy HA1.
Soundness
10.70 We object to the non-allocation of the Site for residential development under Policy HA1. As argued previously the Draft Local Plan is over reliant on delivery from a number of large scale sites and despite recognising the benefits associated with the allocation of small and medium sized sites comparatively few such sites are identified. Further we have shown that the housing requirement needs to be increased. In order to ensure that the Draft Local Plan is positively prepared, justified and effective in meeting the housing needs of the District more land for housing needs to be identified. We consider that the allocation of the Site for housing development would help to address these issues. At present the Draft Local Plan is unsound in that it has not been positively prepared, it is not justified and it will not be effective as it will not meet the housing needs of the District.
Modification
10.71 Policy HA1 should be amended to include SHLAA site references NLP270 and NLP276 as allocations for residential use.
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