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Epping Forest District Local Plan – Submission Version 2017

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Epping Forest District Local Plan – Submission Version 2017 Epping Forest District Local Plan – Submission Version 2017 Supplemental Representations to Site Selection Evidence Base Dandara Ltd Land to the West of Roydon at Temple Farm 1 | Page 1.0 Preamble 1.1 These supplemental representations have been prepared in response to an email received from EFDC dated 19th April 2018. The letter acknowledges that the full appendices to the site selection evidence base were not available during the Regulation 19 consultation for the ‘Epping Forest District Local Plan – Submission Version 2017’ (LPSV). Following the Planning Court granting permission for CK Properties Theydon Bois Limited to challenge via judicial review, the Council considers that “… as a result, an opportunity arises to supplement your representations if you would like to do so, to take account of the finalised version of the Site Selection Report and Appendices”. 1.2 Whilst Dandara Ltd welcomes the opportunity to supplement our Regulation 20 representations following the publication of the full site selection evidence base, it remains the case that the LPSV has failed to discharge its statutory obligations under the Town and Country Planning (Local Planning) (England) Regulations 2012. This matter will be considered in detail in association with the upcoming judicial review hearing but we consider it pertinent to set out three fundamental procedural failures not withstanding this additional opportunity to submit representations: (1) The Regulation 19 LPSV was presented to, and approved for consultation by, Members of EFDC without them having sight of the complete site selection evidence base. When considering whether to approve the LPSV for Regulation 19 consultation, Members were unable to objectively and transparently consider the proposed housing allocations against reasonable alternatives, ‘omission sites’, due to the absence of appendices to the site selection evidence base which are fundamental when making an informed judgement regarding the planning merits of individual sites; (2) Whilst the email circulated by EFDC on 19th April 2018 suggests that those respondents who made reference to the unavailability of the site selection evidence base within their Regulation 20 representations would be provided with an opportunity to supplement these following its publication, this opportunity does not appear to have been extended to all those consulted at Regulation 19 stage. This approach does not provide an opportunity to those who submitted Regulation 20 representations to reconsider their support / opposition to the proposed allocations in light of the availability of the full site selection evidence base and whether the Councils exclusion of sites versus those chosen for allocation was sound; (3) As the site selection evidence base was unavailable for the Regulation 19 consultation period, it must follow that the Council, alongside key evidence base documents such as the SA, did not have the benefit of it when making decisions on site allocations based on ‘reasonable alternatives’. This puts the entire soundness of the Local Plan into question if the full site selection evidence base was not available when officers were recommending and members were making what should be informed and evidenced decisions on site allocations. 1.3 The unavailability of the site selection evidence base during the Regulation 19 consultation period is indicative of the Council’s unashamed objective to submit the Local Plan for examination prior to the, now superseded, 31st March 2018 deadline which was muted as heralding the start of the standard housing methodology for calculating OAHN which would have seen a significant increase in EFDC from the LPSV figure of 514 dpa to 923 dpa. Even 2 | Page following the Court granting the JR challenge, Cllr John Philip, the Planning Portfolio Officer reiterated “fortunately, the Government’s deadline extension means the case can be heard without compromising our position” - not focusing on the deficiencies of the evidence base but the potential delay to submission of the Plan. The background to this decision to expedite the preparation of the LPSV is set out in full in the 12th October 2017 report to Cabinet (EB105) including updating the LDS. 1.4 Our representations to the Regulation 19 LPSV raised consistent deficiencies regarding the methodological approach to assessing potential development sites (see Section 4.0). The acknowledged incorrect assessment of land at Temple Farm, Roydon by the Council as part of the 2016/17 site selection process (ref. SR-0303) resulted in a commitment to objectively and transparently reassess the site as part of the ‘tranche 2’ 2018 site selection process (site ref. SR-0303-N). 1.5 Unfortunately, it is evident that the Council’s overriding objective of submitting the LPSV for examination prior to the 31st March 2018 precluded the proper and robust reassessment of ‘tranche 2’ sites under the site selection evidence base and simply predetermined the inclusion of those allocations already contained in the draft Plan. This is explicit in the 12th October 2017 report to Cabinet (EB105) from para. 11 which, despite recognising that “the Council is in the process of assessing 168 new or amended sites, which is far in excess of the quantum of sites originally anticipated …”, nevertheless looks to shorten the Local Plan preparation timetable from an LDS only adopted in March 2017 to achieve the 31st March 2018 submission deadline. The objective of expediting the submission of the Local Plan for examination and having to review significantly more ‘tranche 2’ sites than originally anticipated with the same resource is clearly not compatible and has prejudiced the soundness of the Plan as these supplemental representations will go on to demonstrate. 2.0 Site Selection 2018 2.1 As explained in Section 4.0 of our representations to the LPSV, the incorrect site area for Temple Farm, Roydon was assessed under the site selection 2016/17 process as ref. SR-0303. The Council acknowledged this error and committed to undertaking a ‘without prejudice’ reassessment of the correct site area under ref. SR-0303-N as part of the 2018 site selection ‘tranche 2’ process. It is important to note that this error was significant, with the site selection 2016/17 report considering a site some 40 ha in size with capacity for approximately 1,200 new homes rather than the 200-250 new homes on some 6 ha of developable land promoted by Dandara Ltd through evidence provided to the ‘Epping Forest Developer, Landowner and Promoter Survey 2016’. 2.2 These representations will now focus solely on the methodology employed within the 2018 tranche 2 ‘Site Selection Report’. Stage 1 and Stage 6.1 A/B Assessment 2.3 Appendix B1.3 of the 2018 ‘Site Selection Report’ (EB805AJ) assesses whether sites put forward for allocation are subject to any major policy constraints. For land at Temple Farm, Roydon (SR-0303-N), it confirms that the site is ‘entirely or partially unconstrained’ having 3 | Page regard to the six assessment criteria (stage 1 / stage 6.1A). The site, being ‘tranche 2’, then proceeds to stage 6.1B. 2.4 The ‘Site Selection Methodology’ paper at appendix A of the 2018 ‘Site Selection Report’ (EB805AK) sets out at para. 4.61 four criteria which will be used to determine “… whether a site proposed for residential development accords with the Local Plan strategy and therefore should progress to stage 6.2 …”. Considering land at Temple Farm, Roydon against these four criteria it is concluded in Appendix B1.3 that ‘site is located entirely or partially within a more suitable strategic option and will progress to stage 6.2’. 2.5 This conclusion at stage 6.1B is relevant when these supplemental representations consider the stage 3 / stage 6.3 assessment for site ref. SR-0303-N. 3.0 Stage 2 / Stage 6.2 Assessment 3.1 The ‘Site Selection Methodology’ paper explains at para. 4.63 that the purpose of stage 6.2 is “… to undertake a more detailed quantitative and qualitative assessment of sites to identify the relative suitability of sites for residential or employment development”. Appendix B1.1 of the 2018 ‘Site Selection Report’ (EB805A) confirms that site ref. SR-0303-N proceeds at stage 2 / stage 6.2 for stage 3 / stage 6.3 assessment. 3.2 The stage 2 / stage 6.2 assessment for site ref. SR-0303-N is set out on pg. 110 of appendix B1.4.2, part 3 of the 2018 ‘Site Selection Report’ (EB805Fiii). The proforma for site ref. SR- 0303-N which is reproduced in Appendix 1 of these supplemental representations assesses the site against 32 criteria. There are five possible assessment results associated with each criteria: (1) Double Positive (++) – Opportunity for development of the site to result in a significant enhancement / benefit; (2) Single Positive (+) – Opportunity for development of the site to result in some enhancement / benefit; (3) Neutral (0) – Likely neutral impact with or without mitigation; (4) Single Negative (-) – Development may result in some harm / detriment that could be reduced / limited alongside mitigation; (5) Double Negative (--) – Development would result in significant harm / detriment that could not be mitigated. 3.3 It is important to note at this stage that the 2018 ‘Site Selection Report’ is specifically assessing sites against evidence provided to EFDC during the ‘Epping Forest Developer, Landowner and Promoter Survey 2016’ and submitted alongside representations to previous iterations of the Local Plan. This is confirmed within the ‘site constraints’ heading for site ref. SR-0303-N
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