A Plan for Colchester Braintree Borders Garden Community, Issues

Forward Plan reference number: FP/996/11/17

Report title: A Plan for Colchester Braintree Borders Garden Community, Issues and Options Report, November 2017 (response to consultation) Report to: Cllr David Finch, Leader of the Council Report author: Dominic Collins, Director Economic Growth and Localities Date: 3 January 2018 For: Decision Enquiries to: Kevin Fraser, Principal Spatial Planner kevin.fraser@essex.gov.uk , Ph: 0333 01 30558 County Divisions affected: All Divisions within Braintree District and Colchester Borough Councils and those divisions that adjoin Braintree and Colchester

1. Purpose of Report

1.1 The purpose of this report is to provide details of Essex County Council’s (ECC) formal response to the public consultation on the document ‘A Plan for Colchester Braintree Borders Garden Community: Issues and Options Report’, prepared by Braintree District Council (BDC) and Colchester Borough Council (CBC). The consultation report is a precursor to the preparation of a Development Plan Document (DPD) for the Garden Community.

2. Recommendations

2.1 To agree to send to BDC and CBC the response to the consultation on the Issues and Options Report that is contained in Appendix 1 to this report.

2.2. To agree that ECC will continue to work with BDC and CBC through the duty to cooperate and the North Essex Garden Communities partnership, to refine and progress the Issues and Options Report (2017) and the supporting evidence base towards a Preferred Options document that clearly address ECC’s representations.

3. Summary of issue

Background – Local Plan preparation and context for Colchester Braintree Borders Garden Community

3.1 The North Essex Authorities (BDC, CBC and Tendring DC) have each prepared a new Local Plan for the period 2017 – 2033. The Local Plans were submitted to Government for approval in October 2017 and are currently at the ‘examination in public’ stage. Hearing sessions with an independent Planning Inspector will take place for two weeks commencing 16 January 2018.

3.2. Section 1 of each Local Plan contains the strategic policies applicable to the three North Essex Authorities including proposals for three Garden Communities; one of which is located across the Colchester and Braintree administrative boundary around Marks Tey. This is referred to as the Colchester Braintree Borders Garden Community (CBBGC).

3.3. Section 1 Local Plan Policy SP9 outlines development requirements at the CBBGC for between 15,000 to 24,000 homes, employment land, community uses and related infrastructure etc. Policy SP9 requires the preparation of a `Strategic Growth Development Plan Document’ (DPD) (a statutory planning document) that will provide a framework for the subsequent preparation of more detailed masterplans and other design and planning guidance for the Garden Community.

3.4 Accordingly, BDC and CBC have prepared an ‘Issues and Options’ report for public consultation that outlines and seeks comments on emerging proposals and potential approaches that could be used to guide development of the proposed CBBGC. It is important to note that this consultation does not present a final planning document and is the first stage in preparing the detailed statutory planning document, known as a DPD, that once adopted will be used to guide future development at the Garden Community.

3.5 The content of the consultation report draws on work undertaken in 2016 and 2017 to prepare a ‘concept framework’ for the CBBGC whereby two community workshops were held to begin to explore the joint work required to deliver the Section 1 Local Plan policies. Participants were asked to identify principles they felt were important elements for the development at the CBBGC; and then a briefing explored a potential growth scenario that illustrated how a community of scale could be developed over time, outlined stages of development and the potential infrastructure required. The discussion focused on infrastructure, scale of development, community and benefits, economy and jobs and community engagement.

3.6 The Issues and Options consultation is taking place now to demonstrate to the Planning Inspector appointed to examine the new Local Plans (paragraph 3.1) how and where Local Plan policies (specifically Policy SP9 for the CBBGC) could be delivered, and that work is progressing to ensure deliverability. However, this consultation does not predetermine a design outcome for the CBBGC or prejudice alternative options coming forward following consultation. This is the first stage is preparing a DPD for the Garden Community and the ECC response therefore, identifies where we support emerging proposals, and where we would like to see further thought and refinement before proposals are presented in the next iteration of the DPD. The response also identifies where ECC can assist the North Essex Authorities in progressing the evidence base to ensure our comments are addressed and the preparation of the DPD is sound.

3.7 Once prepared, the final DPD will include the required strategies, policies and proposals to guide the delivery of the CBBGC. The DPD will set out a shared Vision for the new community and a strategy for its delivery. It will also set out a range of development objectives that will help deliver this Vision, and more detailed policies that will guide land-use proposals and secure timely delivery of development and infrastructure in the short, medium and long term, in accordance with relevant Local Plan policies.

Issues and Options Report - A Plan for CBBGC (this consultation)

3.8 The Issues and Options Report seeks views on a draft Vision, ten issue topics and a ‘development concept’ (or outline plan) including phase one that could deliver

early infrastructure, employment land and the first 2500 homes by 2033. Each element of the consultation report is explained below.

Vision 3.9 The Vision will be a shared view that governs all processes from design through to delivery of the development and management of community assets. The Draft Vision presented covers the following themes and includes commentary on both: provide a new and exceptional place to live; provide a sense of place based on health and wellbeing; transform economic prospects; make a Town with distinctive neighbourhoods; provide bespoke infrastructure fit for a Town; deal with existing traffic problems; future-proof transport and mobility to accommodate change in future travel behaviour; respect the landscape and existing communities; provide a comprehensive green network; phase development to minimise impacts on existing residents.

Issues 3.10 The consultation report then uses the 10 North Essex Garden Communities Charter Principles to shape the issues needing consideration and outlines an emerging position for CBBGC under the following headings:

Principle 1 Green Infrastructure Principle 2 Integrated and Sustainable Transport Principle 3 Employment Opportunity Principle 4 Living Environment Principle 5 Smart and Sustainable Living Principle 6 Good Design Principle 7 Community Engagement Principle 8 Active Local Stewardship Principle 9 Strong Corporate and Political Public Leadership Principle 10 Innovative Delivery Structure

3.11 A ‘current development concept’ is presented which establishes a boundary for development and the capacity and range of land uses for the site. This is a ‘working option’ presented for consultation and open to comment and review. The boundaries of the development will be further refined as the DPD is progressed and will reflect comments made during this Issues and Options consultation.

3.12 As presented, the ‘development concept’ interprets the collective issues and emerging strategy position as outlined in paragraph 3.10 above, and responds to the site opportunities and constraints. The area of land that could accommodate the CBBGC has been refined from options presented in the “Options and Evaluation” work undertaken by AECOM in July 2016 and has been influenced by consultation with local community representatives in November 2016 and April 2017, as well as an understanding of the issues and their interrelationships which include: a. identification of clear and defensible boundaries (water courses, roads, woodland belts); b. appreciation of distance and separation of communities (physical, visual, perceived); c. relationship to existing settlements (including Great Tey, Marks Tey, Coggeshall, Easthorpe, Kelvedon and Feering);

d. nature of land that will perform the role of a “green buffer” which will define an envelope within which a new community can be accommodated that remains distinct from other existing settlements; and e. planning policy protection (how might this land be protected “in perpetuity” from built development whilst allowing complementary activities that support both the new community and existing communities?).

3.13 There are factors that influence the number and location of new homes at CBBGC.

a. A120 between Braintree and the A12. ECC is leading on feasibility work, on behalf of Highways England (HE), to prepare and review options through to Preferred Route status with the objective to include the scheme in HE’s Roads Investment Strategy: for the 2020/21 – 2024/25 Road Period (RIS2). b. A12 widening scheme between junctions 19 and 25. This is committed within the Roads Investment Strategy for the 2015/16 to 2019/20. A preferred route announcement regarding whether there will be ‘on line’ or ‘off line’ widening has yet to be taken by HE but it is expected in the Winter 2017/18.

3.14 As decisions on the above have yet to be made, the ‘development concept’ presented in the Issues and Options Report presents an option for the purpose of consultation and comment only that shows ‘potential routes’ for the A12 and A120, to provide an indication of what the CBBGC could look like if road improvements were made.

3.15 For the purposes of consultation and comment an initial stage of development is also shown. This shows development could commence in the absence of planned strategic highway interventions, but would require alternative ‘interim’ infrastructure that provides sufficient alleviation from traffic along the A120 through Marks Tey. This may comprise a new by-pass link between the A120 from the existing Cogeshall by-pass to a new junction on the existing A12 or indeed a new alignment of the A12. Land will be safeguarded for new alignments for both the A12 and A120, and a new Town Centre to be developed in stages. New residential development could start to the west of Marks Tey, south of the existing A120 and south of the railway/existing A12, supported by social and community infrastructure including schools, health facilities, shops and potentially some employment space.

3.16 The ‘Development Concept Option’ presents an indicative layout that establishes seven development parcels proportionate to the walking distances that people might experience day to day – to school, local shops, transport services, recreation, and includes:  Distinct development parcels each with its own characteristics and particular role to play in the new community as a whole. Each ‘neighbourhood’ is serviced by essential community infrastructure, all within walking distance, including educational establishments, local shops, public transport services, employment opportunities and recreational facilities.  Green buffers that separate the new development from existing communities, create an attractive landscape setting for the new development, provide space for functions such as storm water management and create opportunities for formal and informal recreation.  Removal of all strategic through traffic from the existing and proposed new communities.

 Rerouting of the A12 between Feering and east of Junction 25 to a new alignment to the south.  Rerouting of the A120 to a new alignment between Braintree and Marks Tey, removing through traffic from Coggeshall Road/Stane Street and downgrading Junction 25.  Potential to relocate the railway station to increase capacity and frequency of services.  Employment areas between the railway and what would become the ‘old A12’.  Employment areas close to new junctions on realigned A12 and A120.  Five large new residential neighbourhoods around a new Town Centre, separated by broad green corridors connecting to open countryside.  A new Town Centre to the west of Marks Tey incorporating potential for a relocated railway station as part of a new station area.  Local Centres that serve the other neighbourhoods.  Sites for up to nine new primary schools and three new secondary schools.  A Rapid Transit public transport spine through the centre of the Garden Community connecting a Park-and-Ride site near the A12, employment areas, the Town Centre and most local centres with Colchester, Sudbury, Braintree and the wider North Essex area.  A variety of accessible green spaces.

3.17 Through North Essex Garden Communities Ltd (NEGC), BDC, CBC and ECC, would act as the ‘lead developer’, and so would not only have more control over the type of development, the design and the rate of delivery but also the ability to commit to the timely provision of infrastructure approach. Such an approach will ensure that transport improvements (including new roads), schools, health and leisure facilities, and the early provision of serviced employment land are developed ahead of or alongside new employment land and housing, to adequately serve the needs of the new community and to minimise any adverse impacts on existing communities. Similarly, this innovative delivery approach will also give the Councils a key role in attracting investment and businesses to the CBBGC.

Public Consultation 3.18 The Issues and Options Report is subject to an eight week period of consultation and engagement between 13 November 2017 and 22 January 2018. The aim of this is to gain a clear understanding of the issues involved in the development of CBBGC, and to develop consensus around a set of options that can be explored, developed and refined. To guide this understanding, the consultation document poses a number of questions where ECC will provide a response.

3.19 The document is supported by a Strategic Environmental Assessment (SEA) and Sustainability Appraisal (SA) which provide a high level evaluation of options that consider potential social, economic and environmental impacts. Comments are also sought on the SEA/SA document.

Next Stage 3.20 Following his round of ‘Issues and Options’ consultation, the next stage is to prepare a ‘Preferred Options’ report which will set out the Councils’ preferred strategies and approaches to addressing the planning issues at the Garden Community in the form of a draft DPD. The Preferred Options will be subject to

formal public consultation which is anticipated to take place in Summer 2018, but will need to be confirmed following consultation on the Issues and Options Report.

Policy objectives

3.21 ECC aims to ensure that local strategies and policies provide the greatest benefit to deliver a buoyant economy for the existing and future population that live, work, visit and invest in Essex. As a result ECC is keen to understand and support the formulation of the development strategy and policies delivered by Local Planning Authorities. Involvement is necessary because of the ECC role as: a. a key partner within Greater Essex, the Haven Gateway Partnership, and the North Essex Garden Communities project, promoting economic development, regeneration, infrastructure delivery and new development throughout the County; b. major provider of a wide range of local government services throughout the county of Essex; c. the strategic highway and transport authority, including responsibility for the delivery of the Essex Local Transport Plan and as the Local Highway Authority; Local Education Authority; Minerals and Waste Planning Authority; Lead Local Flood Authority; and lead advisors on Public Health; and d. an infrastructure funding partner, that seeks to ensure that the development allocations proposed are realistic and do not place an unnecessary cost burden on ECCs Capital Programme.

3.22 The ECC response seeks to ensure the following ECC policy objectives are reflected in the CBBGC DPD as work progresses:  Essex Organisation Strategy, 2017 – 2021  Economic Plan for Essex (2014)  Essex Transport Strategy, the Local Transport Plan for Essex (June 2011)  ECC Independent Living Programme (May 2016)  ECC Developers’ Guide to Infrastructure Contributions (2016)  Essex Minerals Local Plan (2014)  Essex and Southend-on-Sea Waste Local Plan (2017)  Greater Essex Growth & Infrastructure Framework (2016)  Commissioning School Places in Essex 2016-2021.

4. Options

4.1 The full proposed ECC response to the Issues and Options Report consultation is set out in Appendix 1 to this report and summarised below. As this is an ‘issues and options’ consultation the document does not include draft policies, firm proposals or a final plan for the CBBGC. The ECC response therefore, identifies where we support emerging proposals and where we would like to see further thought, refinement and before proposals are presented in the next iteration of the DPD. The response also identifies where ECC can assist the North Essex Authorities in progressing the evidence base to ensure our comments are addressed and the preparation of the DPD is sound.

4.2 It should also be noted that ECC will continue to work with the North Essex Authorities through NEGC as the ‘preferred options’ version of the DPD is prepared in 2018. ECC will continue to be an active and equal partner on a number of

Member and officer working groups to progress the planning and delivery of Garden Communities.

4.3 It is recommended that the final A12 and A120 alignment preferred options must be taken into account in defining the boundaries and scale of the proposed CBBGC. The Issues and Options document identifies a ‘working option’ (Figure 5.1, page 35), which is one layout option to indicate a potential ‘concept framework’ if the new CBBGC is to be built out to its maximum capacity of some 24,000 homes. This shows ‘indicative’ routes of the A12 and A120 for the purposes of this consultation only. ECC, together with HE, will ensure the North Essex Authorities continue to work together so that the planning for the CBBGC takes place in a coordinated manner and reflected the final preferred routes of both roads.

4.4 The format and order of the response below follows the order presented in the consultation Issues and Options Report.

Draft Vision

4.5 It is recommended that ECC support the principles outlined in the draft Vision and welcome working with BDC and CBC to develop the principles into a clear and deliverable vision. The content is high level and makes reference to the main issues that will need to guide development. Of particular interest to ECC, and where further evidence is required, is the need to transform and provide economic prospects associated with the Garden Community, together with the timely provision of infrastructure, most notably transport.

Green Infrastructure (including sustainable water management)

4.6 It is recommended that ECC support the emerging strategy for green infrastructure. The Issues and Options Report shows that that consideration has been given to the issues covering green infrastructure i.e. availability of high-quality, accessible green space near to homes and community facilities, where natural assets and features within the site are used to generate high standards of design incorporating sustainable drainage and watercourses; woodland, trees and hedgerows; productive landscapes such as allotments, community orchards, agriculture; active green space used for walking, cycling and bridleways; noise protection from strategic roads and railways; and green buffers to existing settlements.

4.7 The provision of recreation facilities within the new Garden Community, including open space, will help reduce the potential impact that additional residential uses will have on protected habitats in the area. Habitats in and around the Domsey Brook and Roman River corridors around Seven Star Green should be retained and enhanced. Green infrastructure can help retain the identity of Great Tey, Marks Tey, Coggeshall, Easthorpe, Kelvedon and Feering.

4.8 It is recommended that ECC seek explicit mention of surface water flood risk. Consideration should be given to ways in which the development could provide betterment to existing flood risk as well as managing flood risk generated by the increase in impermeable areas associated with the site. While ECC supports reference to the use of open space areas for drainage, there is a need to manage water at source across the site and this will need to be explicitly stated in policy.

Reference should also be made to the ECC SuDS Design Guide to highlight the requirements that will placed on any new development in terms of managing flood risk caused by the development itself. This is in accordance with ECC’s role as Lead Local Flood Authority.

Integrated and sustainable transport

4.9 It is recommended that ECC support the emerging strategy to create an integrated and sustainable transport strategy. The strategy seeks to address the following;  70% of all trips are made by active travel (walking and cycling) and sustainable travel (public transport);  Timely delivery of sustainable transport alongside homes and employment, with a focus on rapid transit and maximising local and strategic connections;  Using technology and information to make best use of changing travel technologies in future;  Organise the CBBGC to support sustainable travel and make public transport viable;  Inclusive, affordable and sustainable access to education, skills, jobs, shopping, healthcare, community facilities and transport hubs in the CBBGC; and  Walking and cycling that makes best use of current and future green infrastructure.

4.10 It is recommended that ECC work with NEGC to progress the evidence base so that the following possibilities can be further explored to assess cost, deliverability and phasing:  A Rapid Transit service across North Essex on dedicated routes with new park & ride, and with phased construction through the new Garden Community to provide a good alternative to travel by car. It will be important from the outset to provide a passenger transport network early on to encourage alternative transport choices. And the necessary infrastructure provision and funding to be made available to fund the forward service planning/management and therefore funding progressively secured as the development progresses.  Ensure the most appropriate alignment of the A120 is designed and delivered in advance of longer term development at CBBGC.  Optimise the development potential made possible by the realignment of the A12 and A120, once routes have been confirmed.  Potential for the existing A120 to be utilised for local traffic and potential rapid transit through the development and onwards to  Seek to reduce severance throughout the CBBGC caused by the A12 and the mainline railway.  Better accessibility for Marks Tey station.  Priority and connectivity for active travel modes – walking and cycling, including green links and great public spaces.

4.11 ECC will work with the Department for Transport (DfT), Highways England (HE) and the North Essex Authorities to facilitate the delivery of strategic highway projects associated with the CBBGC, namely the A12 between Junction 19 (Boreham Interchange) and the A120 between Braintree and the A12 at Marks Tey (Junction 25). The final boundaries and scale of the CBBGC, which will be established in a future DPD, will have regard to the preferred routes for the A12 and A120.

Employment opportunity

4.12 It is recommended that ECC reiterate that the employment function will be a key component of creating character and identity of this Garden Community. Transforming the economic prospects and seeking to provide one job per household in the new Garden Community or within a short distance by public transport, is the ambition, and one that ECC should support.

4.13 The Garden Communities concept are as much about having good local employment opportunities as they are about housing. They should be seen as key to creating a more prosperous North Essex through inclusive economic growth, with new businesses able to compete successfully in national and international markets. The intention is for North Essex to be spoken of in the same breath as the M4 Corridor, Silicon Fen and the Cambridge-Milton Keynes-Oxford Growth Corridor. In addition, the intention is for North Essex to have a diverse and thriving economy, a great choice of job opportunities across many sectors, and growing prosperity.

4.14 An inhibitor to economic growth in the area is the lack of availability of good quality housing and appropriate `ready to go’ serviced employment sites. To that end, the Garden Community can provide an important opportunity to accelerate employment growth.

4.15 ECC is playing a leading role within NEGC, and will continue to do so, to scope and commission the economic evidence to support the above principles and ensure that jobs are provided for ‘on the ground’. The evidence to date recommends a range of interventions (as shown below), and it is recommended that these are reviewed and progressed through more detailed work to inform detailed strategies and policies at the next stage of moving the DPD forward. What we will not be able to do at this stage and as part of this ECC consultation response is precisely specify the business sectors for the Garden Community; however preferred sectors have been indicated where further work is required to understand possibilities and deliverability. This will come over time as the evidence base is progressed. ECC involvement will also ensure key messages arising from the Government’s Industrial Strategy and the reports from the Essex Economic Commission are considered in the evidence base and reflected in the next iteration of the DPD and the work of NEGC Ltd.

Innovation  Focusing more broadly across sectors, and paying more attention to supporting “innovation capacity and potential”.  Emphasising the need for innovation and enterprise support to be incorporated into planning for the new Garden Communities.

Skills  Need for skills promotion – especially data science and computer science.  Skills should be seen as a core priority area for intervention in Greater Essex and a fundamental element (as it is nationally) of increasing productivity. There is a need to develop plans to ensure that skills provision exists to support growth in opportunity sectors.

Sector specific support The evidence to date shows that sector specific support should be provided to:  Construction  Health-care and life sciences  Energy  Digital, creative and cultural industries  Advanced manufacturing  Logistics

4.16 It is recommended that the ECC response make the following points;  Interventions outside of plan making will need to take place. As the DPD and the business plan for NEGC Ltd are prepared, investment in delivering these recommendations should feature prominently. This will be key to the success of the Garden Community.  Sufficient allocated employment land should be brought forward in phases as serviced land, which is ready and attractive for potential businesses, especially in the first phase of development. What we do not want to see is the employment land being made available at the back end of the first phase of the Garden Community. We need to see an up-front commitment to invest in bringing forward serviced employment land - or if we want to be bold include ‘Grow-on Space’ facilities.  Provision for infrastructure, to enable serviced employment land, phased and synchronised with housing as it is constructed. Consideration needs to be given to both funding and the necessary trigger points in order to make the Garden Community attractive to developers and fit for purpose as a sustainable community.  A range of sites should be considered within each Garden Community for employment uses. Where small-scale employment opportunities are created for Start-Up and Grow-on Space units, these should be co-located in areas with other amenities such as cafes and community facilities as this could foster greater interaction between businesses and support growth of wider employment functions such as nursery/day care facilities.  Broadband connectivity should be provided for all employment land.  The benefits of the University of Essex, London Stansted Airport, and Harwich port should be explicitly explored.  If the economic potential of the area is to be realised, transport infrastructure improvements are essential, specifically A12, A120, rapid transit and other forms of public transport, with timely provision as the Garden Community is developed.

Living environment (includes primary and secondary education, early years and childcare (EYC), community infrastructure, and homes for all)

4.17 It is recommended that ECC as Local Education Authority continues to assess the required pupil places arising from the CBBGC as DPD preparation progresses. The number of schools may need to be reviewed as the housing mix is confirmed as this will dictate pupil yield.

4.18 The full range of post 16 education provision, including apprenticeships, college and training opportunities will need to be considered in the design of the new Garden Community. The plan should also consider adult learning needs alongside the required school education provision.

4.19 It is recommended that ECC works closely with NEGC and other community infrastructure providers to determine how best to provide services in a ‘hub’ model.

4.20 It is recommended that ECC through both its Independent Living programme and other means, explores opportunities to provide housing for older people as part of the overall housing mix, given the evidence that 25% of the population will be over 65 years old by the end date of this plan period.

Smart and sustainable living strategy

4.21 It is recommended that ECC supports the emerging strategy to smart and sustainable living. However, the Government has recently published a Clean Growth Strategy and an Industrial Strategy, both of which highlight the energy opportunities to improve energy efficiency, reduce carbon emissions and encourage clean industries.

4.22 ECC is developing an Energy and Low Carbon Strategy which considers how Essex is best placed to take advantage from the changes to the energy supply market including increasing local generation from renewable sources. Enhanced energy resilience is also will be a key objective; this will be achieved by ensuring that new communities are able to meet future demand, through innovative new technologies such as battery storage and mainstreaming other renewable and community energy solutions.

4.23 The CBBGC will most likely mean investment in the electrification of heat in the home and a step change improvement in the energy performance of both new build homes and buildings. The Garden Community must have the capability designed in to be able to meet increasing energy demand for homes, businesses, community infrastructure and electric vehicles, and ECC agrees that this could be delivered through ‘Energy Centres’. One of the key challenges is to decarbonise the heating of homes, while it is not possible to be proscriptive regarding the specific technologies, consideration will need to be given to how best to configure new systems and design in efficient and low carbon energy systems.

4.24 With regards to how to achieve the maximum possible energy efficiency with each new Garden Community, it is likely that both incentives and regulation will play a role. The regulatory framework is an important tool and therefore the Garden Community should consider the finding from the Independent Review of Building Regulations led by Dame Judith Hackett, a report is due in spring 2018.

4.25 It is recommended that ECC support the ambition to ensure Electric Vehicle charging points, and this should be integrated with solutions around parking for example at mobility hubs and should be linked to electricity generation thereby creating the greatest opportunity low carbon transport.

4.26It is recommended that ECC welcome and strongly support the requirement for cutting edge digital communications, designed for ultrafast broadband and 5G from the outset and future-proofed for simple upgrades.

4.27 It is recommended that ECC engages and is involved in any evidence and policy work that will be prepared to address the smart living topic in more detail.

Good design

4.28 It is recommended that ECC is actively involved in the on-going design of the CBBGC and support the statement that the layout should also accommodate future innovations in travel, especially rapid transit networks. The layout will be strongly influenced by the re-routing/re-alignment of the A12 and A120, and any decision regarding the potential relocation and/or expansion of the Marks Tey rail station. This work will also benefit from the updates emerging through the refreshed Essex Design Guide due to be published early in 2018.

Community engagement

4.29 It is recommended that ECC support continued, meaningful engagement with the community and infrastructure providers (including ECC itself) through NEGC. A clear programme for community engagement that takes place outside ‘formal consultation’ should take place. It is recommended that ECC support the statement that a bespoke site-specific engagement strategy will be developed for the Garden Community in parallel with future design and master planning stages as well as throughout its implementation and delivery.

Active local stewardship

4.30 It is recommended that ECC supports the principle and emerging strategy that seeks to ensure assets that are important to the community should be owned and managed by them directly. However, ECC would seek further evidence of how this will be delivered in order to assess any implications for how ECC currently provides services and manages its assets.

Strong corporate and political leadership

4.31 It is recommended that ECC confirm its commitment to the NEGC project and continue to provide clear and sound leadership representing not only NEGC but ECC’s interests.

Innovative delivery structure

4.32 It is recommended that ECC confirm its continued commitment to exploring the Local Development Vehicle option as a way of delivering each Garden Community. Such arrangements would involve ECC with the three North Essex Authorities. This approach was supported by ECC Cabinet in December 2016 (FP/642/11/16). The three North Essex Authorities together with ECC are confident that a Local Development Vehicle model is both viable and can deliver successful and sustainable Garden Communities, but will continue to explore other ways of achieving the vision that offer similar levels of confidence that the right quality of development will be delivered at the right time.

Other matters mentioned in the ECC response include:

Minerals

4.33 It is recommended that ECC ensures that mineral planning is appropriately referenced as the DPDs progress. This includes Minerals Safeguarding Areas as outlined in the Section 1 Local Plan policies relating to Garden Communities. The scale, location and quality of reserves may enable the co-ordination of extraction as part of phased delivery of the Garden Community. Prior extraction and use of the mineral on site will be encouraged where possible.

Waste

4.34 It is recommended that ECC supports the principles of the circular economy to ensure provision is made for the sustainable management of waste both at the householder level and for the wider Garden Community. This should be delivered to ensure future flexibility so as not to inhibit technological or operational solutions as the Garden Communities are built.

Public Health

4.35 As the Public Health Authority it is recommended that ECC acknowledge the Issues and Options Report includes positive public health interventions. There is the opportunity to increase the potential positive impacts that these proposals could have on the health and wellbeing of both new and current residents. In preparing the Preferred Options DPD, Public Health should be actively engaged and involved in preparing policies, strategies and master planning so to support the maximum gain to health and wellbeing being achieved.

5. The following documents have been used to inform the ECC response (web-links provided).

 A Plan For The Colchester Braintree Borders Garden Community, Issues and Options Consultation, November2017  Publication Draft Local Plan Section 1 - Strategic Plan for North Essex - including the Garden Communities (This document is shared with Colchester Borough Council and Tendring District Council) and the Proposal Maps

Additional supporting evidence documents, including

 Colchester Borough Council Publication Draft Local Plan (June 2017)  Braintree District Council Publication Draft Local Plan (June 2017)  North Essex Garden Communities Concept Feasibility Study Vol 1 Baseline Compendium (June 2016)  North Essex Garden Communities Concept Feasibility Study Vol 1 Part 2 Baseline Compendium (June 2016)  North Essex Garden Communities Concept Feasibility Study Vol 2 Opportunities and Constraints (June 2016)  North Essex Garden Communities Concept Feasibility Study Vol 3 Concept Options and Evaluation (June 2016)  North Essex Garden Communities - Garden Communities Charter (June 2016)  Garden Communities NEGC Employment and Demographic Studies (April_2017)

6. Issues for consideration

Financial implications:

6.1.1 There are no direct financial implications in respect of ECC’s response to the consultation.

6.1.2 Local Development Vehicles are being recommended as a way of delivering each Garden Community. Such arrangements would involve ECC. This approach was supported by ECC Cabinet in December 2016 (FP/642/11/16). The three LPAs together with ECC are confident that a Local Development Vehicle model is viable and can deliver successful and sustainable garden communities, but will continue to explore other ways of achieving the vision that offer similar levels of confidence that the right quality of development will be delivered at the right time.

Legal implications:

6.2.1 The duty to co-operate is contained in the Planning and Compulsory Purchase Act 2004, as amended by the Localism Act 2011. It requires Local Planning Authorities to engage constructively, actively and on an on-going basis to ensure that the preparation of the Local Plan (or DPDs) has regard to key strategic matters addressing social, environmental and economic issues which can only be addressed by effectively working with other authorities beyond their own administrative boundaries. This is echoed in paragraphs 178-181 of the NPPF.

6.2.2 Guidance issued on 6 March 2014 stresses that close cooperation between District Councils and County Councils in two tier areas will be critical to ensure that both tiers are effective when planning for strategic matters.

6.2.3 Although a Local Plan or DPD may be found unsound at Examination if the duty to co-operate has not been properly undertaken and the implications of this require careful consideration, the duty is not a duty to reach agreement. ECC is carrying out its functions properly in submitting comments on specific issues of concern or objection, where necessary, at this stage.

7. Equality and Diversity implications

7.1 The Public Sector Equality Duty applies to ECC when it makes decisions. The duty requires us to have regard to the need to: a. Eliminate unlawful discrimination, harassment and victimisation and other behaviour prohibited by the Act. In summary, the Act makes discrimination etc on the grounds of a protected characteristic unlawful b. Advance equality of opportunity between people who share a protected characteristic and those who do not. c. Foster good relations between people who share a protected characteristic and those who do not, including tackling prejudice and promoting understanding.

7.2 The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion or belief, gender, and

sexual orientation. The Act states that ‘marriage and civil partnership’ is not a relevant protected characteristic for (b) or (c) although it is relevant for (a).

7.3 An Equality Impact Assessment will be undertaken by BDC and CBC to inform the new DPD and assess potential impacts on the affected groups at the Preferred Options stage. Impacts will continue to be monitored and if particular issues are identified, appropriate action will be taken. This could include changes to their consultation approach and activities. It is considered that all opportunities will be taken to advance equality through the DPD.

8. List of appendices

8.1 Appendix 1 – full proposed ECC response to ‘A Plan for Colchester Braintree Borders Garden Community, Issues and Options Report’.

9. List of Background papers

None.

I approve the above recommendations set out above for the reasons set out in the report. 22 January 2017 Councillor Cllr David Finch, Leader of the Council

In consultation with:

Role Date Executive Director for Corporate and Customer Services (S151 Officer)

Nicole Wood Director for Financial Services on behalf of 10 January 2017

Margaret Lee Monitoring Officer

Angela Hutchings, Deputy Monitoring Officer, on behalf of 19 January 2017 Paul Turner, Director Legal and Assurance Executive Director, Economy, Localities and Public Health

Graham Thomas Head of Planning, on behalf of 3 January 2017

Dominic Collins, Director of Economic Growth & Localities