Planning Statement

Land west of Mill Lane, Tye Green, Cressing

Prepared on behalf M. Scott Properties Ltd

March 2021

Land west of Mill Lane, Tye Green Cressing

Site Name: Land west of Mill Lane, Tye Green

Client Name: M. Scott Properties Ltd

Type of Report: Planning Statement

Sam Hollingworth BA(Hons) MA MRTPI Prepared by: Senior Associate Director

Date: 3 March 2021

COPYRIGHT © STRUTT & PARKER. This publication is the sole property of Strutt & Parker and must not be copied, reproduced or transmitted in any form or by any means, either in whole or in part, without the prior written consent of Strutt & Parker. The information contained in this publication has been obtained from sources generally regarded to be reliable. However, no representation is made, or warranty given, in respect of the accuracy of this information. We would like to be informed of any inaccuracies so that we may correct them. Strutt & Parker does not accept any liability in negligence or otherwise for any loss or damage suffered by any party resulting from reliance on this publication.

Land west of Mill Lane, Tye Green Cressing

CONTENTS

1.0 Introduction ...... 1 2.0 Site and Surroundings ...... 6 3.0 Description of the Proposal ...... 8 4.0 Planning Policy Considerations ...... 11 5.0 Planning Assessment ...... 26 6.0 Planning Balance and Conclusion ...... 46

Land west of Mill Lane, Tye Green Cressing

1.0 Introduction

1.1 This Planning Statement has been prepared by Strutt & Parker on behalf of M. Scott Properties Ltd (‘Scott Properties’) to support a full planning application at Land west of Mill Lane, Tye Green Cressing (‘the Site’). The application seeks permission for:

Development of 80 no. age-restricted (to over-55s) bungalows; with provision of c. 4 ha of public informal open space incorporating, allotments, dog exercising area and potential land for community facility (‘the Proposed Development’).

1.2 The Proposed Development has sought to respond to adopted and emerging policies and guidance, at the national, District and Parish levels; and has been informed by pre-application engagement. Fundamentally, the Proposed Development comprises two elements.

1.3 On the eastern portion of the Site, it seeks to provide dwellings to contribute towards meeting current housing need in the District, and help address the existing deficit in supply. Specifically, it will provide age-restricted housing that is designed to meet the needs of older persons and be capable of adaptation to respond to changing circumstances. In this regards, the Proposed Development will address a particular need which neither the existing nor the emerging Development Plan addresses.

1.4 On the western portion of the Site, it seeks to provide new green amenity space to respond to local need as identified in the Cressing Neighbourhood Plan (2020).

1.5 Both elements are considered to represent significant benefits of the Proposed Development.

1.6 Scott Properties, the applicant, is an established local developer with a proven track record of delivering homes, including those specifically designed to meet the needs of older persons.

1.7 In accordance with the Council’s list of local validation requirements, and further to pre-application discussions, the application is supported by the following:

Land west of Mill Lane, Tye Green Cressing

Document Consultant

Planning Statement Strutt & Parker

Statement of Community Involvement M Scott Properties

Design and Access Statement Brown & Co Architecture and Planning

Masterplan Layout (Ref: 20/028849/05/D) Brown & Co Architecture and Planning

Architectural Plans: Brown & Co Architecture and CRE-BAC-ZZ-ZZ-DR-A-0100 Location Plan Planning CRE-BAC-ZZ-ZZ-DR-A-0101 Masterplan Layout

CRE-BAC-ZZ-ZZ-DR-A-0102 Garden Sizes & Plot Distances

CRE-BAC-ZZ-ZZ-DR-A-0103 Housing Mix and Tenure Plan

CRE-BAC-ZZ-ZZ-DR-A-0104 Building Heights Plan

CRE-BAC-ZZ-ZZ-DR-A-0105 Parking Plan

CRE-BAC-ZZ-ZZ-DR-A-0106 Refuse Strategy Plan

CRE-BAC-ZZ-ZZ-DR-A-0107 Material Plan

CRE-BAC-GA1-00-DR-A-0200 Single Garage Type 01

CRE-BAC-GA2-00-DR-A-0201 Double garage Type 01

CRE-BAC-GA3-00-DR-A-0202 Double garage Type 01

CRE-BAC-GA4-00-DR-A-0203 Double garage Type 02

CRE-BAC-GA5-00-DR-A-0204 Double garage Type 02

CRE-BAC-HE1-00-DR-A-0300 SR – 2B – Heather Lnk

CRE-BAC-HE2-00-DR-A-0301 SR – 2B – Heather Lnk

CRE-BAC-LI1-00-DR-A-0302 SR – 2B – Lily Det

CRE-BAC-LI2-00-DR-A-0303 SR – 2B – Lily Lnk – Floor Plan

CRE-BAC-LI2-ZZ-DR-A-0304 SR – 2B – Lily Lnk – Elevation

Land west of Mill Lane, Tye Green Cressing

CRE-BAC-CA1-00-DR-A-0305 SR – 2B – Camellia Semi-Det – Floor Plan

CRE-BAC-CA1-ZZ-DR-A-0306 SR – 2B – Camellia Semi-Det – Elevation

CRE-BAC-CA2-00-DR-A-0307 SR – 2B – Camellia Semi-Det – Floor Plan

CRE-BAC-CA2-ZZ-DR-A-0308SR – 2B – Camellia Semi-Det – Elevation

CRE-BAC-HI1-00-DR-A-0309SR – 3B – Hibiscus Det

CRE-BAC-MA1-00-DR-A-0310SR – 3B – Magnolia Det

CRE-BAC-MA2-00-DR-A-0311SR – 3B – Magnolia Det

CRE-BAC-JA1-00-DR-A-0312SR – 3B – Jasmine Det

CRE-BAC-JA2-00-DR-A-0313SR – 3B – Jasmine Lnk – Floor Plan

CRE-BAC-JA2-ZZ-DR-A-0314SR – 3B – Jasmine Lnk – Elevation

CRE-BAC-JA3-00-DR-A-0315SR – 3B – Jasmine Lnk – Floor Plan

CRE-BAC-JA3-ZZ-DR-A-0316SR – 3B – Jasmine Lnk – Elevation

CRE-BAC-JA4-00-DR-A-0317SR – 3B – Jasmine Lnk – Floor Plan

CRE-BAC-JA4-ZZ-DR-A-0318SR – 3B – Jasmine Lnk – Elevation

CRE-BAC-JA5-00-DR-A-0319SR – 3B – Jasmine Int

CRE-BAC-WI1-00-DR-A-0320SR – 3B – Wisteria Det

CRE-BAC-JU1-00-DR-A-0321SR – 4B – Juniper Det

CRE-BAC-JU2-00-DR-A-0322SR – 4B – Juniper Det

CRE-BAC-AF1-00-DR-A-0323SR – 2B – Aff Semi-Det Type 01

CRE-BAC-AF2-00-DR-A-0324SR – 2B – Aff Semi-Det Type 01

CRE-BAC-AF3-00-DR-A-0325SR – 2B – Aff Semi-Det Type 02

CRE-BAC-AF4-00-DR-A-0326SR – 2B – Aff Semi-Det Type 02

CRE-BAC-AF5-00-DR-A-0327SR – 2B – Aff Det Type 01

CRE-BAC-AF6-00-DR-A-0328SR – 2B – Aff Det Type 01

CRE-BAC-AF7-00-DR-A-0329SR – 2B (3) – Aff Det Type 01

CRE-BAC-AF8-00-DR-A-0330SR – 3B – Aff Semi-Det Type 01

Land west of Mill Lane, Tye Green Cressing

CRE-BAC-AF9-00-DR-A-0331SR – 3B – Aff Semi-Det Type 01

CRE-BAC-AF10-00-DR-A-0332SR – 3B – Aff Semi-Det Type 02

CRE-BAC-AF11-00-DR-A-0333SR – 3B – Aff Det Type 01

CRE-BAC-TE1-00-DR-A-0334SR – 1B – Terrace Type 01

CRE-BAC-AL1-00-DR-A-0335SR – Almshouse Type 01 – Floor Plan

CRE-BAC-AL1-ZZ-DR-A-0336SR – Almshouse Type 01 – Elevation

CRE-BAC-AL2-00-DR-A-0337SR – Almshouse Type 02 – Floor Plan

CRE-BAC-AL2-ZZ-DR-A-0338SR – Almshouse Type 02 – Elevation

CRE-BAC-AL3-00-DR-A-0339SR – Almshouse Type 03 – Floor Plan

CRE-BAC-AL3-ZZ-DR-A-0340SR – Almshouse Type 03 – Elevation

Transport Assessment Cannon Consulting Engineers

Topographical Survey BB Surveys Ltd

Landscape Visual Assessment Nigel Cowlin Ltd

Preliminary Ecological Appraisal Geosphere Environmental

Arboricultural Survey Geosphere Environmental

Letter Addendum to Phase 1 Desk Study Ref: Geosphere 1216,DS,EC,AR,DESK,AB,TP,11-06-15,V2 Environmental

Phase 1 Desk Study Geosphere Environmental

Flood Risk Assessment Cannon Consulting Engineers

Heritage Statement RPS Group

Archaeological Desk Based Assessment RPS Group

1.8 The Planning statement is structured as follows:

Section 2 describes the Site and surroundings. Section 3 summarises the Proposed Development, and how proposals have been formulated (including through pre-application discussions).

Land west of Mill Lane, Tye Green Cressing

Section 4 summarises the relevant key national and Development Plan policies. Section 5 analyses the main planning considerations. Section 6 draws together the conclusions of the Planning Statement, and considers the planning balance.

Land west of Mill Lane, Tye Green Cressing

2.0 Site and Surroundings

2.1 The Site measures approximately 8.97 hectares and comprises a large unused greenfield parcel. The Site is relatively featureless but for some mature trees and vegetation towards the western boundary of the parcel, with the boundaries towards the south west and east of the Site near Bulford Lane and Mill Lane well landscaped in parts.

2.2 The Site is located outside of, but immediately adjacent to, the existing settlement boundary of Tye Green Cressing to the east. To the north and south of the site lie open fields. There is a residential plot to the south west. Further to the west lies the village of Black Notley with a residential plot immediately adjacent to the western boundary; and Cressing Railway Station to the west.

2.3 Tye Green, Cressing is an established rural settlement located to the south-east of Braintree, lying within Braintree District and the Parish of Cressing. It is the focus of the population of Cressing Parish.

2.4 Tye Green, Cressing benefits from a range of services and facilities, post office and convenience store, sports and leisure club all within close proximity of the Site. In terms of educational facilities, the village also benefits from a Primary School – Cressing Primary School. The village’s services and facilities are within walking distance of the Site.

2.5 The village is located in close proximity to Braintree, with Braintree town centre less than two miles to the north-west. It is also well related to the strategic highway network, being located is in close proximity to the A120. The village benefits from its close proximity to Braintree and Braintree Freeport which offers a range of high quality facilities, all easily accessible from Tye Green, Cressing.

2.6 Regular bus services connect the village to larger neighbouring centres of Braintree, Witham and Halstead, including routes to Braintree and Witham Railway Station. Tye Green, Cressing is also served by a railway station with services into London Liverpool Street Station, Central London as well as East Anglia.

Land west of Mill Lane, Tye Green Cressing

2.7 The Site is not subject to any landscape, ecological or environmental designations. The Site is located within Flood Zone 1 – land least at risk of flooding from tidal or fluvial sources. The Site is not located within, or in proximity to, a Conservation Area nor does not contain any designated heritage assets.

2.8 There are a number of site specific considerations associated with the site and immediate bounding adjacencies. These are summarised at Section 2.3.1 of the Design & Access Statement (DAS).

2.9 The Site is not subject to any significant constraints to its development, including legal or ownership constraints.

2.10 Whilst the Site itself has not been subject to any detailed planning history of relevance, there have been recent planning permissions for large scale residential redevelopment within Tye Green Cressing. Outline permissions were granted for 118 dwellings on 8 May 2018 (reference 16/00397/OUT) and up to 225 (reference 16/02144/OUT) on 18 December 2018, in both cases extending the village envelope.

Land west of Mill Lane, Tye Green Cressing

3.0 Description of the Proposal

3.1 The Proposed Development comprises two distinct elements, one on the eastern parcel, the other the wester, as follows.

Eastern parcel

3.2 Proposed Development of the eastern parcel comprises:

 A residential development comprising 80 bungalows, focussed on meeting the housing needs of older people, at a density which reflects the local context and the Site’s edge of settlement location. This will include 32 to be provided as affordable dwellings.

 A new internal road layout and pedestrian links to enhance and promote increased accessibility and connectivity, with a new vehicular access provided off Mill Lane.

 Soft and hard landscaping dispersed through the Site in appropriate locations throughout, closely aligned with new roads and residential plots.

3.3 The residential element of the Proposed Development is specifically designed to meet the needs of older people, whilst recognising that not all older people want or need extra care accommodation or sheltered housing. Features of the bungalows include:

 Safety and Security – Scott Residential have recently achieved the Secured by Design Gold accreditation on our Avocet Place development in Thorrington, and are seeking to achieve this on this development

 Care Call System – wiring will be installed for a care call system which can be activated by the occupier if, and when, the need arises.

 Energy Efficient – all properties are rated ‘B’ in terms of energy efficiency and come with integrated low energy appliances and wiring for electric car charging points.

Land west of Mill Lane, Tye Green Cressing

The western parcel

3.4 Proposed Development of the western parcel (measuring c. 4 ha) is designed to deliver environmental and social infrastructure for both new residents of the scheme and existing residents in Tye Green, Cressing. Proposals include:

 Provision of allotment space;  Dog exercise area;  Enhanced links to Cressing station;  Retention / enhancement of mature vegetation and creation of quality wildlife habitat;  Additional woodland copses and wildlife corridors;  Provision of high quality amenity green space;  Places to meet / socialise and exercise; and  Land for potential community use.

3.5 The Proposed Development of the western parcel also incorporates areas of landscaped water bodies (i.e. ponds) which will provide attenuation for the residential element.

3.6 The Site is not subject to any legal or ownership constraints to development, and subject to planning approval and the discharge of any pre-commencement planning conditions imposed, Scott Properties intend to begin delivery as soon as possible. To further ensure that the Site would make early delivery to contribute to meeting housing needs, Scott Properties would be willing to accept imposition of a planning condition requiring development to commence within a shorter timeframe than the usual, statutory period.

Pre-application Engagement

3.7 A Statement of Community Involvement (SCI) prepared by M Scott Properties accompanies this planning application, and sets out the extensive pre-application engagement undertaken with key local stakeholders in order to positively inform the proposals and involve them in the design process.

Land west of Mill Lane, Tye Green Cressing

3.8 As detailed within the SCI, pre-application discussions were held with Planning Officers at Braintree District Council, with virtual meetings held on 3 September 2020, and 17 December 2020, the key considerations and feedback raised by Officers have been fed into the proposed designs. The principal changes related to:  Removal of proposed car parking facilities for Cressing Train Station;  Consultation with neighbouring property (Colwood);  Management responsibility of public open space;  Heritage sensitivity.

3.9 Further engagement followed through a virtual Public Consultation held between 1 November and 20 November 2020 via the Cressing Parish Council website. Residents were directed to the online consultation through a dedicated mail drop on 31st October 2020. The consultation feedback raised some key concerns to be addressed, relating to:

 The railway station parking facilities;  Public facilities;  The country park;  Doctors facilities;  Dog walking routes;  Traffic

3.10 The detail of these concerns is set out within the accompanying SCI.

3.11 Engagement with neighbouring property owners, as well as with Cressing Parish Council was also undertaken between September 2020 and November 2020. The main topics of discussions are set out in the accompanying SCI, however removal of the car parking facilities at the station, and suggestions of a multi-use community building in the proposal were notably the most significant topics of discussion, which have fed into the design proposals as detailed through the Design and Access Statement which accompanies this planning application.

Land west of Mill Lane, Tye Green Cressing

4.0 Planning Policy Considerations

4.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise.

4.2 The Development Plan relevant to this application comprises the Braintree District Local Plan Section 1 2021 (LPS1); Braintree Core Strategy 2011 (BCS); saved policies in the Local Plan Review 2005 (LPR); and the Cressing Neighbourhood Plan 2020 (CNP).

4.3 The material considerations include the emerging Braintree District Local Plan Section 2; National Planning Policy Framework (NPPF), associated Planning Practice Guidance (PPG). As discussed within this section, these have the potential to influence how policies within the Development Plan can be applied, and the weigh that can be afforded to them in decision making.

4.4 The impact of these on the application of policies within the Development Plan is discussed within this section, and the implications for the determination of this application further within Section 5.

Development Plan

4.5 The following provides an overview of what are considered to be the policies within the Development Plan that are of particular relevance to the consideration of this application.

4.6 Policies of the LPS1 of particularly relevance include:  Policy SP3 – Spatial Strategy for North Essex  Policy SP4 – Meeting Housing Needs  Policy SP7 – Place Shaping Principles

4.7 Those of the BCS include:  Policy CS2 – Affordable Housing  Policy CS5 – The Countryside  Policy CS7 – Promoting Accessibility for All

Land west of Mill Lane, Tye Green Cressing

 Policy CS8 – Natural Environment and Biodiversity.  Policy CS10 – Provision for Open Space, Sport and Recreation

4.8 Policies of the LPR of particular relevance include:  Policy RLP2 – Town Development Boundaries and Village Envelopes  Policy RLP22 – Accessible Housing and Lifetime Housing

4.9 And from the CNP:  Policy 1 – Protecting and Enhancing the Natural Environment  Policy 4 - Protecting the Historic Environment  Policy 5 – Infrastructure, Services, and Utilities  Policy 6 – Protecting and Enhancing Community Facilities and Public Open Spaces  Policy 7 – Housing  Policy 8 – Design, Layout, Scale, Character, and Appearance of New Development  Policy 10 – Provision of Electric Vehicle Charging Points  Policy 11 – Developer Contributions

4.10 Policy SP4 of the LPS1 sets a total, minimum, housing requirement for the District of 14,320 additional dwellings over the period 2013-2033. This equates to a minimum housing requirement of 716 dwellings per annum (dpa). Policy SP4 states that the authorities will review their housing requirements regularly in accordance with national policy requirements, and in doing so will have regard to the housing needs of the wider area. Policy SP4 states that this annual figure, subject to any adjustments required through the Section 2 Local Plan to account for undersupply since 2013, will be the figure used to calculate the District’s five-year housing land supply position.

4.11 Policy LPS1 is silent on the issue of provision of specialist accommodation to meet the needs of older persons.

4.12 In terms of the special strategy for meeting development needs, Policy SP3 of the LPS1 states that existing settlements will be the principal focus for development, and that development will be accommodated within or adjoining settlements according to their scale, sustainability and existing role.

Land west of Mill Lane, Tye Green Cressing

4.13 LPS1 Policy SP3 goes on to state that future growth will be planned to ensure existing settlements maintain their distinctive character and role, to avoid coalescence between them and to conserve their setting. It acknowledges that whilst re-use of previously within settlements is an important objective, this will need to be considered within the broader context of sustainable development principles, particularly to ensure that development locations are accessible by a choice of means of travel.

4.14 The LPS1 does not set a settlement hierarchy or allocate specific sites to meet development needs. This is intended to be achieved through the Section 2 Local Plan, but this has yet to be adopted.

4.15 The Site lies outside, but immediately adjoins, the settlement boundary of Tye Green Cressing as per both the LPR and the CNP. Importantly, these settlement boundaries are not predicated on current development requirements as per national policy or the LPS1.

4.16 Policy RLP2 of the LPR seeks to restrict development beyond the defined settlement boundaries and village envelopes, and states that countryside policies will apply in such cases.

4.17 Policy CS5 of the BCS also concerns proposals for development beyond settlement boundaries and states that development beyond development boundaries and village envelopes will be “strictly controlled”. In addition, Policy CS5 seeks to protect and enhance the landscape character and biodiversity, geodiversity and amenity of the countryside.

4.18 Policy CS7 of the BCS states that inter alia future development will be provided in accessible locations to reduce the need to travel.

4.19 Policy 7 of the CNP states that proposals for new housing within the settlement boundaries will be supported, subject to a number of criteria being met. These include that the development provides for inter alia:

 a range of housing types and tenures which meet the future housing needs of the Parish at the time of the application, particularly in relation to the needs of first time buyers and older residents. Planning applications for new housing

Land west of Mill Lane, Tye Green Cressing

developments of 11 or more dwellings should provide evidence of how the proposed development would assist in addressing identified housing needs for the parish;  appropriate and proportionate improvements to public transport provision, pedestrian and cycle links within the Parish and beyond to support sustainable movement and access;  improved accessibility to local services and facilities within the Parish and beyond;  the ‘pepper-potting’ of affordable housing within schemes of 11 or more homes;  developer contributions which mitigate impacts arising from the proposals;  net gains in biodiversity, reductions in the impacts of climate change, the use of innovative technology, flood resilience, water efficiency, energy efficiency, and sustainable waste management.

4.20 Policy 7 of the CNP further states that:

“Development proposals for new housing outside settlement boundaries should be an exception and comprise small-scale self-build or custom-build schemes”

And list the criteria such development should meet as follows:

 located adjacent to an existing settlement or hamlet;  contribute towards maintaining its future viability and sustainability;  sympathetic to the character of the open countryside;  have minimal visual and environmental impact.

4.21 Further on the issue of development proposals outside of the existing settlement boundary, Policy 3 d) of the CNP seeks to ensure the retention of the Parish settlements’ identities, stating:

“Development proposals located outside of settlement boundaries, or adjacent to settlement boundaries, should demonstrate how they will maintain clear separation and avoid any potential coalescence between settlements within the Parish and adjoining Parishes. This could include the use of additional green infrastructure features.”

Land west of Mill Lane, Tye Green Cressing

4.22 The remainder of Policy 3 of the CNP is concerned with the Open Countryside Buffer Area. This is an area that the Neighbourhood Plan designates in order to “maintain the rural character and appearance of Cressing Parish and the villages of Tye Green and Cressing”, and explains that the buffer “provides a physical gap in development between the urban fringes of Braintree and the settlements within the Parish” (paragraph 4.1.17 of the CNP). The Site is located outside of the Open Countryside Buffer Area, which is focussed around the north of Tye Green Cressing, and is a considerable distance from it.

4.23 Notably, the CNP does not allow any sites for development beyond existing commitments.

4.24 Policy CS2 Affordable Housing of the Braintree Core Strategy provides a target of 40% affordable housing provision on sites within specific areas of the District, including Tye Green Cressing.

4.25 The BCS 2011 does not contain policies which seek to address the housing needs of older persons.

4.26 As noted above, the Policy 7 of the CNP supports development proposals within the existing settlement boundary which provide a range of house types and tenures, and which will meet the future housing needs of the Parish, particularly in relation to first time buyers and older residents.

4.27 RLP22 of the LPR concerns accessible housing and lifetime housing. This states:

“Where appropriate, new dwellings will be required to be capable of adaptation without major structural alterations to meet the needs of people with disabilities, including wheelchair users”

4.28 Both Policy CS9 of the BCS and Policy 8 of the Cressing Neighbourhood Plan seek to secure high quality design which contributes positively towards the character and appearance of the surrounding area.

4.29 Policy SP7 of the LPS1 requires all developments to reflect the following place shaping principles, where applicable:

Land west of Mill Lane, Tye Green Cressing

 Respond positively to local character and context to preserve and enhance the quality of existing places and their environs;  Provide buildings that exhibit individual architectural quality within well- considered public and private realms; Protect and enhance assets of historical or natural value;  Incorporate biodiversity creation and enhancement measures;  Create well-connected places that prioritise the needs of pedestrians, cyclists and public transport services above use of the private car;  Provide a mix of land uses, services and densities with well-defined public and private spaces to create sustainable well-designed neighbourhoods;  Enhance the public realm through additional landscaping, street furniture and other distinctive features that help to create a sense of place;  Provide streets and spaces that are overlooked and active and promote inclusive access; Include parking facilities that are well integrated as part of the overall design and are adaptable if levels of private car ownership fall;  Provide an integrated and connected network of biodiverse public open space and green and blue infrastructure, thereby helping to alleviate recreational pressure on designated sites;  Include measures to promote environmental sustainability including addressing energy and water efficiency, and provision of appropriate water and wastewater and flood mitigation measures including the use of open space to provide flora and fauna rich sustainable drainage solutions; and  Protect the amenity of existing and future residents and users with regard to noise, vibration, smell, loss of light, overbearing and overlooking.

4.30 Further to the issue of heritage, Policy 4 of the CNP requires proposals for development which could impact upon a heritage asset within the Parish to submit a Heritage Statement in support of the application, outlining the significance of the heritage asset and its setting and how the proposed development accords with various criteria required to be met for such development proposals to be supported. This requirement to provide a Heritage Statement applies to development proposals which have the potential to impact on Protected Lanes, and the CNP designates both Bulford Lane and an element of Mill Lane to the south of the Site as such.

4.31 Policy CS8 of the Core Strategy requires new development to have regard to landscape character and its sensitivity to development. If further states that the

Land west of Mill Lane, Tye Green Cressing

restoration and enhancement of the natural environment will be encouraged through a range of measures, including:

 maximising opportunities for creation of new green infrastructure and networks in sites allocated for development  creating green networks to link urban areas to the countryside  creating and enhancing the biodiversity value of wildlife corridors

4.32 Policy 1 of the CNP states that development proposals should protect and, where possible, enhance the natural environment.

4.33 Policy CS10 of the Core Strategy 2011 concerns provision of open space, sport and recreation. It states that the Council will ensure there is a good provision of high quality and accessible green space, including allotments and publicly accessible natural green space, to meet a wide range of recreation, outdoor sport and amenity needs. It goes on to require new developments to incorporate new developments to make publicly accessible green space or improvement of existing accessible green space, having regard to surpluses, deficiencies and condition of different typologies, and in accordance with prescribed standards.

4.34 In relation to this issue, the CNP states:

“The quality of existing open space within the Parish is considered to be good, however existing deficiencies have been identified in the area relating to allotments, amenity green space, children’s play space and youth play space. In comparison to other areas of the District, Cressing Parish has a significant need for investment into these kinds of community facilities.”

4.35 Policy 6 of the CNP requires development proposals will to – where appropriate – contribute towards the provision of public open space, community facilities, projects and initiatives within the Parish which specifically address the needs and aspirations of local residents.

4.36 Policy 5 concerns in infrastructure, services, and utilities and comprises two distinct elements: one requiring development proposals to demonstrate there is sufficient infrastructure capacity to support development, or impact can be satisfactorily

Land west of Mill Lane, Tye Green Cressing

mitigated; the second stating that development proposals that have a positive impact on the provision of infrastructure, and access to services and utilities within the Parish will be supported subject to the requirements of Policy 11.

4.37 Policy 11 of the CNP requires appropriate development contributions to the provision of relevant infrastructure in the Parish, subject to viability. It further requires that it is demonstrated that impact on local infrastructure will be satisfactorily mitigated. Policy CS11 of the Core Strategy 2011 similarly states that developer contributions will be used to help ensure provision of appropriate infrastructure.

4.38 CNP Policy 10 requires the installation of electric vehicle charging point to be provided within all developments providing parking.

The emerging Local Plan

4.39 The Council is taking forward its Section 2 Local Plan, to complement the LPS1. Once adopted, this will supersede the Local Plan 2005 and Core Strategy 2011.

4.40 The emerging Braintree Local Plan Section 2 (eLPS2) will form part of the Development Plan and its adoption will post-date the CNP. As such, where there is any conflict between the eLPS2 and the CNP, the eLPS2 will take precedence as the most recent (as per paragraph 30 of the NPPF).

4.41 The eLPS2 was submitted to the Secretary of State in October 2017 as part of a single Local Plan which comprised both Section 1 and Section 2 plans.

4.42 It is understood that the eLPS2 will be progressed to examination following the LPS1 having been found sound subject to modifications, though at the time of writing timescales for this have yet to be confirmed.

4.43 In accordance with paragraph 48 of the NPPF, from the day of publication the Council may give weight to the eLPS2, and the weight that can be given in decision making is related to the stage of preparation (the more advanced the preparation, the greater the weight that may be given); the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and the degree of consistency of the relevant policies in the

Land west of Mill Lane, Tye Green Cressing

emerging plan to the policies in the NPPF (the closer the policies in the emerging plan to the policies in the NPPF, the greater the weight that may be given).

4.44 A further relevant factor is that whilst the relevant national policy in the determination of this planning application is the NPPF 2019, the eLPS2 is being examined in relation to the older national policy – the NPPF 2012.

4.45 Some weight can be afforded to the eLPS2, but such weight will be limited in a number of instances, having regard to the specific circumstances in relation to specific policies.

4.46 Separately, it is pertinent to note that the LPS1 proposed a strategy which was heavily reliant on three new Garden Communities to meet the housing needs of North Essex. Tendring / Colchester Borders was proposed to deliver 7,000 – 9,000 dwellings; Colchester / Braintree Borders 15,000 – 24,000; and West of Braintree 7,000 – 10,000.

4.47 However, of these three proposed Garden Communities, only Tendring / Colchester Borders survived the Section 1 examination process. The other two proposed were deleted in order to ensure the Section 1 plan to be capable of being sound, and are not included within the LPS1 This has removed 22,000 – 34,000 dwellings from the future projected supply for North Essex. The consequences of this for specific District / Borough allocations will have to be considered through the North Essex authorities’ respective Section 2 eLP examinations, including examination of the eLPS2.

4.48 In the eLPS2, the Site is currently proposed to lie outside of but immediately adjacent to the settlement boundary. Policy LLP1 of the eLPS2 concerns development boundaries and states that inter alia development outside development boundaries will be strictly controlled to uses appropriate to the countryside.

4.49 LPP17 of the eLPS2 concerns housing provision and delivery. It state that the Council will plan, monitor and facilitate the delivery of a minimum of 14,320 new homes between 2013 and 2033. It further states that these additional dwellings will be primarily located in Main Towns and Key Service Villages. It also identifies a number of strategic growth locations. The Site is not commensurate with any of the proposed strategic growth locations. Tye Green Cressing is proposed to be a Third Tier settlement in the settlement hierarchy. Whilst LPP17 suggests that dwellings

Land west of Mill Lane, Tye Green Cressing

will be primarily located in Main Town and Key Service Villages, it certainly does not preclude growth within Third Tier settlements. As currently proposed, the eLPS2 is silent on both the total number of dwellings expected to be provided within Third Tier settlements to contribute towards meeting the overall minimum requirement, and on the number expected to be provided in Tye Green Cressing itself.

4.50 ELPS2 proposed Policy LLP35 concerns specialist housing. It states that specialist housing is defined as accommodation which has been specifically designed and built to meet the needs of the elderly, disabled, young or vulnerable adults, and may include some elements of care and support for everyone who lives there. The eLPS2 includes proposed allocation of specialist housing on the accompanying Proposals Map. No specialist housing allocations are proposed for Tye Green Cressing. The eLPS2 is silent on the provision of other forms of housing to meet the needs of older persons, such as age-restricted housing.

4.51 The eLPS2 proposes that Bulford Lane and an element of Mill Lane to the south of the Site be designated as Protected Lanes, and is aligned with the CNP in this respect.

National Policy and Guidance

4.52 The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and how these should be applied. This is an important material consideration in the determination of the application.

4.53 To ensure that sustainable development is pursued in a positive way, at the heart of the Framework is a presumption in favour of sustainable development (paragraph 10).

4.54 Paragraph 11 goes on to state that:

“For decision-taking [the presumption in favour of sustainable development means:

c) approving development proposals that accord with an up-to-date development plan without delay; or

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d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date granting permission unless the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed, or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole”.

4.55 Of relevance to the application of the above, the NPPF explains that:

“Existing policies should not be considered out-of-date simply because they were adopted or made prior to the publication of this Framework. Due weight should be given to them, according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)”. (Paragraph 213).

4.56 As such, whilst policies in the Development Plan were adopted prior to the NPPF (with the exception of those in the LPS1, which in any case were not prepared in accordance with the current NPPF), this does not mean that they have no weight in decision-making.

4.57 The NPPF explains that Paragraph 11 d) of the NPPF (‘the tilted balance’) will be engaged in relation to proposed residential development where the Local Planning Authority is unable to demonstrate a five-year housing land supply as per NPPF paragraph 73.

4.58 The NPPF explains that Paragraph 11 d) of the NPPF (‘the tilted balance’) will be engaged in relation to proposed residential development where the Local Planning Authority is unable to demonstrate a five-year housing land supply as per NPPF paragraph 73.

4.59 As at 2 February 2021, Braintree District Council reported a 4.59-year housing land supply for the period 2020 – 2025. However, as the Council note foresaw in this 2 February 2021 note, the subsequent adoption of the LPS1 on 22 February 2021 has altered the position.

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4.60 The LPS1 introduces a minimum housing requirement of 716 dpa, but Policy SP4 acknowledges that any shortfall since 2013 needs to be accounted for in calculating the five-year housing land supply position. Once this has been factored into calculations, and applying the ‘Sedgefield1’ approach (which has been established as the most appropriate approach to address shortfall) the Council’s five-year requirement before application of a buffer is 5,258 dwellings2. Application of a 5% buffer3 gives a total five-year requirement of 5,521 dwellings.

4.61 Utilising the same supply figure used by the Council in their 2 February 2021 note (4,133 dwellings), but adjusting the housing requirement to reflect the latest adopted position (as required by the NPPF), the District has a 3.74-year housing land supply.

4.62 This equates to a shortfall of 1,388 dwellings.

4.63 Particularly relevant to the determination of this application given the nature of the accommodation proposed, at paragraph 59 of the NPPF it states that:

“To support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay”. (Emphasis added).

4.64 At paragraph 61, the NPPF makes clear that in the Local Planning Authority should assess the size, type and tenure of housing needed by different groups in the community; and the results of such assessment should be reflected in its planning policies. The NPPF explains that such groups include, but are not limited to, older people. Further to this, the PPG stresses the importance in understanding and planning for the housing needs of older people, confirming that the “need to provide housing for older people is critical” (emphasis added)4. The PPG also stresses that older people have diverse housing needs5; and confirms that specialist housing to

1 Historic shortfall is added to the five-year requirement 2 As reported in Braintree District Council’s Housing Land Supply Report May 2020 3 As per paragraph 73 of the NPPF, and accounting for Braintree District’s Housing Delivery Test 2020 measurement 4 Paragraph: 001 Reference ID: 63-001-20190626 5 Paragraph: 010 Reference ID: 63-010-20190626

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meet the needs of older people can include age-restricted housing, retirement living or sheltered housing, extra care housing, housing with care, and care homes6.

4.65 The NPPF recognises that ‘older people’ are not a homogeneous group, but that older persons have a variety of differing accommodation need. It defines older people as:

“People over or approaching retirement age, including the active, newly retired through to the very frail elderly; and whose housing needs can encompass accessible, adaptable general needs housing through to the full range of retirement and specialised housing for those with support or care needs”.

4.66 We have been unable to identify: how the Council’s has assessed the diverse housing needs of older people having regard to the PPG; how the Council’s proposes to meet these diverse needs; or the Council’s supply of site coming forward that are capable of meeting such accommodation needs.

4.67 If either the most relevant policies for determining an application are out-of-date, or there are no relevant Development Plan policies, the NPPF confirms that the ‘tilted balance’ is engaged. In this case, there is a combination of both: the housing delivery policies are out of development (by definition, given the five-year housing land supply position); and there are no policies that will ensure accommodation needs of older residents apply.

4.68 In consideration of this application, the ‘tilted balance’ is engaged.

4.69 At paragraph 14, the NPPF discusses the application of the ‘tilted balance’ further and advises that:

“In situations where the presumption (at paragraph 11d) applies to applications involving the provision of housing, the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits, provided all of the following apply: a) the neighbourhood plan became part of the development plan two years or less before the date on which the decision is made;

6 Ibid

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b) the neighbourhood plan contains policies and allocations to meet its identified housing requirement; c) the local planning authority has at least a three year supply of deliverable housing sites (against its five year housing supply requirement, including the appropriate buffer as set out in paragraph 73); and d) the local planning authority’s housing delivery was at least 45% of that required over the previous three years”. (Emphasis added).

4.70 Returning to the concept of sustainable development, NPPF paragraph 8 sets out that in order to achieve sustainable development, the planning system has three overarching objectives which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives):

 an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure.  a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well- being.  an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

4.71 Section 9 of the NPPF promotes sustainable transport, and places particular emphasis on supporting opportunities to promote walking, cycling and public transport use are identified and pursued (Paragraph 102c), and that planning applications are assessed with regards to ensuring appropriate opportunities to promote sustainable transport modes can be, or have been, taken up depending on the type of development and its location.

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4.72 Paragraph 77 of the NPPF emphasises the need for decision making in rural areas to be responsive to local circumstances and support housing developments that reflect local needs. Furthermore, housing should be located where it will enhance or maintain the vitality of rural communities as a means of promoting sustainable development.

4.73 The accompanying PPG7 recognises the need to support sustainable rural communities, stating that:

“People living in rural areas can face particular challenges in terms of housing supply and affordability, while the location of new housing can also be important for the broader sustainability of rural communities.”

7 Paragraph: 009 Reference ID: 67-009-20190722

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5.0 Planning Assessment

5.1 This section of the statement deals with the key planning considerations in the light of the Development Plan policies, national planning policy and other material considerations, relating to the Site and the Proposed Development.

Principle of development

5.2 There are a number of considerations relevant to the suitability of the Proposed Development’s in principle.

The ‘tilted balance’

5.3 For the reasons described in Section 4 of this Planning Statement, the ‘tilted balance’ as per paragraph 11 of the NPPF is engaged in the consideration of this application.

5.4 There are therefore two key questions for the decision-maker:

1) Are there any specific policies within the NPPF which indicate the Proposed Development should be restricted?

And:

2) Are there any adverse impacts of granting permission for Proposed Development and, if so, would these significantly and demonstrably outweigh the benefits?

5.5 In respect of the first question, there are evidently no policies in the NPPF that suggest the Proposed Development should be restricted. At footnote 6, the NPPF clarifies that specific policies within the NPPF referred to which may provide a reason development should be restricted8. None of these apply to the Site.

8 Special Protection Areas (including potential sites); Special Areas of Conservation (including possible site); Ramsar sites (including listed or proposed sites); Sites of Special Scientific Interest; Green Belt, Local Green Space, Area of Outstanding Natural Beauty, National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest); and areas at risk of flooding or coastal change.

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5.6 Turning to the second question, within this section of the Planning Statement we consider the potential benefits and the potential harm of the Proposed Development. In summary, there are a number of significant benefits (particularly relating to helping to address the need for accommodation for older persons) and very limited harm (principally, the loss of greenfield land).

Residential Development in Tye Green Cressing

5.7 The Development Plan (Policy SP3 of the LPS1) support the direction of proportionate growth to existing settlements such as Tye Green Cressing, stating that existing settlements will be the principal focus for development. It suggests development will be dependent on settlements’ scale, sustainability and existing role.

5.8 Recent appeal decisions9, and recent planning permissions granted by the Council10, confirm that Tye Green Cressing is a sustainable location in which to direct residential development.

5.9 Tye Green, Cressing as a settlement has grown relatively steadily over the past 150 years, from a cluster of farms along the route south to Cressing Temple to the established settlement it is today. The primary expansion of the village occurred between the 1950s and 1980s, with social housing followed by private housing. With the exception of the two new developments underway on the southern side of the village, the most recent significant addition to Tye Green, Cressing occurred in the 1980s, when the village grew by around 30%. However, since the 1980s – and despite significant development occurring across the District as a whole – Tye Green, Cressing itself had experienced very little further growth until the two recently approved developments to the south.

5.10 It is not simply the facilities and services within Tye Green, Cressing itself which render it a sustainable settlement to accommodate some additional growth. The village’s proximity to Braintree and Braintree Freeport – and that these are readily accessible from Tye Green, Cressing without reliance on use of the private car – further suggest the settlement as sustainable for growth.

9 Appeal Ref: APP/Z1510/W/20/3253661 10 Application Refs: 16/02144/OUT and 16/00397/OUT

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5.11 In addition, Tye Green, Cressing is one of only a small number of villages in the District served by a railway station. Of the 51 settlements within the District identified by the Council as a village, only three – including Tye Green, Cressing – are served by rail services. The presence of a railway station enhances the sustainability of Tye Green, Cressing as a location for development.

5.12 The village’s sustainability was explained in the Officer’s report in respect of planning application 16/02144/OUT, in which Tye Green, Cressing is described as follows:

“Whilst not designated as a key service village Tye Green can nonetheless be considered to be one of the more sustainable and accessible villages within the District, and acts as a local centre for its surrounding rural area, in common with some of the key service villages.”

5.13 The proposed development of 80 bungalows represents a proportionate addition to the village, and one that will help in particular with meeting the housing needs of older people.

Residential development adjoining the settlement boundary in Tye Green Cressing

5.14 The existing settlement boundary in the LPR is predicated on outdated meeting development needs which no longer reflect the current scale of need. Weight to be attributed to it is limited, particularly so given the absence of a five-year housing land supply.

5.15 The proposed settlement boundary in the eLPS2 is also of limited weight. It has yet to be examined, is based on the NPPF 2012 as opposed to current national policy, and can in any case only be afforded limited weight by virtue of the lack of a five-year housing land supply.

5.16 The Site lied beyond the settlement boundary in the CNP. However, as confirmed through a recent appeal decision for development at Land between Braintree Road and Long Green, Cressing (‘Long Green appeal’)11.

11 Appeal Ref: APP/Z1510/W/20/3253661

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5.17 In addition to stating that existing settlements will be the principal focus of new development, Policy SP3 of the LPS1 states that such provision will be within or adjoining settlements. The Site adjoins the existing settlement and the Proposed Development accords with Policy SP3 in this regard.

5.18 The Site lies outside, but adjoining, the settlement boundary as per the CNP.

5.19 Firstly, it is pertinent to note that the CNP predates adoption of the LPS1. If there is any conflict between the CNP and the LPS1, the LPS1 therefore takes precedence.

5.20 Secondly, and even prior to the adoption of the LPS1, it has been established that the weight that could be afforded to CNP policies which seek to restrict development outside of the settlement boundary is required to be tempered. As established through the Long Green appeal decision, the settlement boundaries in the CNP are predicated on a calculation of housing need which merely considered the requirements of Cressing Parish as a proportion of the whole of the District’s housing need, without regard to the wider needs of the District, relevant existing or emerging policies, and characteristics of the Parish.

5.21 In addition to policies in the CNP which seek to restrict development having limited weight as a result of the above, the above also means that Paragraph 14 of the NPPF is not engaged, as the CNP does not contain policies that meet an appropriately established housing requirement. Accordingly, any conflict with the CNP are not likely to constitute significant and demonstrable harm which justifies refusing this application. Notwithstanding this position, the Proposed Development has nevertheless sought to accord with the CNP, as explained later within this Planning Statement.

5.22 In any case, the CNP does not preclude any development from taking place outside the settlement boundary. For sites which adjoin (which of course includes the application Site), Policy 7 states that whilst development will be the exception it may be permitted subject to four criteria, and if it is small scale self-build or custom-build. Whilst the Proposed Development is not self-build or custom-build, it nevertheless meet these four other requirements of the CNP:

 located adjacent to an existing settlement or hamlet (which the application Site evidently is);

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 contribute towards maintaining its future viability and sustainability (for the reasons set out within this Planning Statement, the Proposed Development will make significant contributions towards the viability and sustainability of the village);  sympathetic to the character of the open countryside (the Proposed Development has been formulated to meet this requirement, and supporting studies confirm it achieve this);  have minimal visual and environmental impact (again the Proposed Development has been formulated to meet this requirement, and supporting studies confirm it achieve this).

5.23 In terms of the location of growth adjoining the settlement boundary, this Site has a number of benefits.

5.24 Policy 3 of the CNP requires development to maintain clear separation and avoid any potential coalescence between neighbouring settlements. The CNP includes the designation of the Open Countryside Buffer Area. This seeks to maintain a physical gap in development between the urban fringes of Braintree and the settlements within the Parish. The Open Countryside Buffer Area is focussed around the northern part of Tye Green Cressing. The application Site is some distance from this, on the other side of the village. Development of this Site will help to meet development needs without in anyway impinging on the Open Countryside Buffer Area and in this regard support this CNP objective.

5.25 CNP Policy 3 suggests that green infrastructure features could be used to help avoid coalescence. Whilst not required in the case of this application, as there is no potential coalescence to mitigate, the Proposed Development nevertheless incorporates substantially green infrastructure to the west of the residential development, between the proposed bungalows and the countryside beyond the Site. This will not only provide an attractive arrival point into the village from the west, but will also provide a clear and defensible boundary for the residential envelope on this side of the village.

5.26 Further on the principle of residential development beyond the settlement boundary in this location, the Site represents a logical extension of the village, and one that

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would bring the residential envelope closer to the railway station which sits outside and to the west of the existing settlement boundary.

5.27 The Site is extremely well-located in relation to the railway station, and ideal location to which to direct housing in order to encourage use of this sustainable mode of travel. The proximity and accessibility of the railway station represents a significant benefit of the proposed development, and utilisation of the Site for residential very much accords with the NPPF’s call for planning to direct development to locations encourage use of sustainable modes of transport.

5.28 In addition, the direction of proportionate growth to this Site will help ensure that the railway station remains viable, and continues to provide a sustainable transport option for the community in the longer term. This represents a further benefit of the proposals for the Site, and again is precisely the type of development that the NPPF calls for in villages in order to help support local services.

5.29 As explored in more detail later within this section of the Planning Statement, the Site is not subject to any designations or constraints that suggests it does not represent a sustainable location for development.

Accommodation for older persons

5.30 The Proposed Development comprises bungalows, and these will be age-restricted.

5.31 As discussed, the NPPF and PPG stress the importance of providing suitable accommodation for older persons, and the need to recognise that ‘older people’ is not a homogenous group but comprises persons with varying accommodation needs.

5.32 The Council’s Strategic Housing Market Assessment Update 2015 (SHMA) noted that 21% of households in Braintree District were older person only households (all members aged 65+) – higher than the national average. The SHMA also predicted a requirement for a minimum of 1,730 specialist housing units by 2037 (comprising sheltered and extracare housing), assuming occupation patterns remain at current levels. However, it does not consider the needs for other forms of accommodation to help meet the needs of older persons, such as age-restricted housing.

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5.33 According to POPPI, those aged 65 and over currently make up almost 21% of the population within Braintree District. By 2035, this is predicted to rise to over 27%.

5.34 Experian data identifies that approximately 42% of the population within Cressing Parish were aged 55 and over in 2018, compared to 33% in Braintree District. By 2023, this is projected to rise to 46% and will be considerably higher than the District (35%). Cressing Neighbourhood Plan recognises the high proportion of residents over 65 within the Neighbourhood Plan.

5.35 Notwithstanding local demographics, bungalows currently account for just 16% of the housing stock within Cressing Parish.

5.36 The CNP recognises the need to provide accommodation for older persons, and the benefits this will engender both not simply older people but for the community as a whole. At paragraphs 4.5.7 and 4.5.8 it states:

“There is a need for a greater proportion of small and affordable properties to provide a better balance of housing types which will serve the needs of both the younger and older population. Affordability and availability of smaller properties is a particular difficulty for younger first-time buyers in the Parish. The high proportion of residents over 65, the low proportion of smaller properties, and the low number of house moves within the Parish suggest that the availability of the right kinds of housing is also an issue for older residents in the Parish, who may be seeking to downsize into more suitable homes and stay within the Parish. The increased availability of more smaller properties may therefore enable more younger people to live within the Parish and enable older residents to downsize and remain living in the area.

“In addition to providing smaller properties, older residents would also benefit from new dwellings which are single storey dwellings with smaller gardens; with the ability to adapt the properties to meet changing personal needs, particularly in relation to adding features such as ramps, handrails, specialist bathroom facilities for example, and being well located in relation to service and facilities”.

5.37 The Proposed Development is specifically designed to meet the needs of older people, whilst recognising that not all older people want or need extra care accommodation or sheltered housing, as the CNP rightly recognises. This aspect of

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the Proposed Development is considered to be a significant benefit which should be afforded significant weight in the consideration of this application.

Provision of public amenity space

5.38 The Proposed Development includes provision of 4 ha of public informal open space incorporating, allotments, dog exercising area and potential land for community facility.

5.39 This seeks to respond positively to the CNP which expressly states that there is a significant need for various typologies of green space in Cressing, including amenity green space and allotments.

5.40 This element of the Proposed Development is considered to represent a significant benefit, and one which attracts significant weight in favour of the application.

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Design and Layout

5.41 As explained in detail in the Design and Access Statement (DAS) which accompanies the application, the design and overall approach to the masterplan is underpinned by place-forming principles achieved as a result of stakeholder and public engagement. The key design principles are copied at 3.2.1 of the DAS.

5.42 As detailed at Section 3.3.3. of the DAS, the proposed street framework is built upon simplicity in movement to reflect the age-restricted nature of the development and to ensure positive well overlooked streets and spaces.

5.43 Whilst only two typologies are proposed, variation is delivered through the set-back of form and general placement of housing. Landscaped courtyards are all designed to counteract the ‘brutal’ nature of parking squares and courts by introducing frequent tree and shrub planting areas to break up the hard nature of the space.

5.44 Section 3.3.4 of the DAS details the clear approach to movement:

“A clear hierarchy of pedestrian routes promote legibility whilst within a permeable network, with particular clear reference to links to the new open space routes and connections to existing Public Rights of Way.

The strategy is to promote pedestrian movement through the site and to the surrounding context by providing defined well-overlooked streets, promoting a healthy and active lifestyle, whilst catering for the need for vehicular movement within this context and specific target market. A network of footpaths are proposed in an organic formation around the open space to the west, whilst offering places to sit and rest throughout and guiding users to the dog exercise area and land for potential allotment space and community facility.”

5.45 Sections 3.3.5 and 3.3.6 provide the rationale for green infrastructure and parking throughout the scheme.

5.46 The proposed design and layout has been carefully considered with a robust and justified approach as set out in the DAS.

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Impact on Neighbouring Amenity

5.20 In developing the scheme, consideration was given to the amenity of existing properties to the east, and the outlook, security and community cohesion of new residents within the development.

5.21 The DAS is clear in Section 3.1.1 that the approach to amenity is an integral part of the design rationale as guided through the relationship with landscaping. Rich landscaping from the site edges into the site help to form a series of spaces that both serve as screening betterment to the contextual homes but also as amenity and outlook for new homes.

5.22 The scheme also proposes extensive amenity spaces through the provision of green infrastructure including allotment space, amenity grassland, and woodland copse / meadows to the benefit of future residents.

5.23 The proposed housing will also be tenure blind, whilst also responding to the context and character of the surroundings.

5.24 The DAS at Section 4.3.3 explains the positives and merits of ‘almhouse style’ living:

‘A strong sense of community; offering safety and security, and making it possible for those in need to continue to live independently, in a locality of their choice, often near to families’

5.25 By providing a central ‘shared’ space and smaller intermediate spaces, the scheme seeks to engender a community coherent design response that the community themselves can organically develop over time.

5.26 The design rationale has six principles:

1. Terminate vistas with larger stepped forms 2. Positively overlook shared spaces and streets 3. Dual aspect dwellings

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4. Lower rear fencing implemented 5. Shared landscaped parking courtyard 6. Provide space with ‘no programme’ for the community

5.47 Amenity within the site and through the relationship to neighbouring properties has been carefully considered and addressed through the development of the masterplan through to the proposed scheme.

Landscape

5.48 Nigel Cowlin Ltd have prepared a Landscape Visual Assessment (LVA) in support of this planning application.

5.49 The site is located within the Central Essex Farmland (B1) landscape character area (LCA) as defined by Essex County Council 2002 Landscape Character Assessment, produced by Chris Blandford Associates. For the Central Essex Farmlands, the sensitivity level given for small urban extensions (<5Ha) is given as ‘Low’. In relation to this it also comments that there may be ‘moderate intervisibility of the landscape’ and ‘possible opportunities to improve some existing visually poor urban edges’.

5.50 The Braintree District Council Landscape Character Assessment (BDC LCA) was produced in 2006 and identifies the site within the Silver End Farmland Plateau B18 (LCA B18). It suggests the following landscape planning guidelines:

 Ensure that new build is in keeping with landscape character.  Conserve and enhance the landscape setting of settlements.  Maintain characteristic open views across the farmland.  Ensure any new development within the farmland is small-scale, responding to historic settlement

5.51 Further detail assessing the baseline landscape position can be found in Section 5 of LVA.

5.52 Section 7 of the LVA reviews the potential effects on the landscape arising from development of the site, and assesses and identifies forms of primary and secondary mitigation to offset any harm to the landscape following detailed evaluation of the

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landscape and visual effects resulting from changes to key visual receptors and character (Sections 8, 9, 10 and 11).

5.53 Overall, the findings as of Paragraph 12.2 are as follows:

 Tye Green is a post war housing development village in plateau farmland nearby to the south of Braintree and east of the River Brain.

 The local landscape setting for this development is the countryside to the west of Tye Green, incorporating the section of the River Brain valley between Black Notley and Tye Green.

 This local landscape has both positive and negative attributes. The positive attributes are not sufficiently pronounced or influential, either individually or collectively, to be indicative of a notably elevated landscape value for the area. The negative attributes are also not overpowering such that this would indicate a notably degraded or low value landscape. Although this landscape was previously subject to a wider local designation (RLP79 Special Landscape Area), the combination of factors found locally do not suggest that this landscape has the qualities necessary to satisfy the modern requirements for a local landscape designation. For the purposes of this study, the local landscape context of The Site is assessed as Medium value, i.e. ordinarily attractive countryside.

 The Site lies past the brow of the valley side and forms part of the plateau landscape beyond the more pronounced valley landscape. As such, the development would have limited influence on the valley corridor landscape. It would have more notable influence in its immediate context on the edge of Tye Green and some minor influence on the wider landscape. In both instances the effects would be tightly related to the established settlement pattern in the area. The overall level of effect on local landscape character is predicted to be Minor to Moderate.

 The levels of effect on visual receptors are largely predicted to be Minor or Negligible. Visual receptors using Footpath 20, alongside the north-east edge of the site.

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5.27 The LVA confirms that the proposed development would give rise to a modest level of landscape effect within a relatively attractive, but ordinary value landscape, and would accord with the general pattern of development in the locale. It concludes that the potential harm and impact on the landscape as a result of the proposed development is considered to be of an ordinary nature, and that the impacts on the visual and landscape characteristic should not weigh heavily against bringing forward new development on this Site.

Ecology and Trees

5.28 An Arboricultural Report has been prepared by Geosphere Environmental and accompanies this submission. The survey area included the main development area, including land adjacent to incorporate trees located adjacent to the main development area, as shown on Figure 1 of the Report. The trees within the wider application area were not surveyed, however these are proposed to be retained, amongst a large area of public open space and attenuation basins.

5.29 The Tree Constraints Plan (dwg 4032,EC,AR/003/Rev0, Appendix 6 of Report) shows there to be a total of three threes and five groups present on site. No trees were classed as Category A trees (highest quality), three were Category B and five groups category C: none were Category U (poorest quality).

5.30 The Report identifies a number of Category B trees located along the boundary, to be retained where possible, some small Category C trees along the eastern boundary with the potential to be removed to facilitate access into the site, and some onsite Category C trees to be retained and integrated into the development layout. All trees within the wider application site will be retained and will not be impacted upon as a result of the Proposed Development.

5.31 The Report identifies a number of measures to reduce the overall impact to trees, including a series of tree management processes, such as specialist construction around Root Protection Areas, oversight from a Project Arboriculturalist, and sufficient landscaping and after care of new tree planting. Tree pruning and new tree and hedgerow planting is also proposed as mitigation measures to offset the potential impact of development.

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5.32 The proposed development, delivered in accordance with the proposed measures and recommendations set out in the Arboricultural Report, is anticipated to have a limited impact on existing trees on or adjacent to the site.

5.33 Geosphere Environmental have also prepared a Preliminary Ecological Appraisal in support of this planning application.

5.34 An Ecololgical Appraisal was originally undertaken by Geosphere Environmental in 2015, whereby the site predominantly comprised semi-improved grassland with a species-rich intact hedgerow bordering much of the site and running water immediately west of the site. Further species surveys were recommended including bat activity, Dormouse, breeding bird, badgers and Water Vole and NVC survey of the habitats. An extended Phase 1 Habitat Survey was undertaken on 6 August 2019, and a check of the conditions onsite was undertaken on 16 February 2021.

5.35 Following the updated survey on 06 August 2019, it was recommended that the site is maintained in the condition at the time of the walkover, including monthly cutting of the grass and the field is cultivated annually. The site visit undertaken on 16 February 2020, confirmed maintenance of the grassland was being undertaken. However, the ploughed field is current becoming colonised by plants and should be re- ploughed before protected species can make use of the site (before the end of February). The maintenance regime should continue to be followed, grass should be regularly cut once per month, and the field cultivated annually.

5.36 The proposed development will not adversely affect the statutory or non-statutory designated nature conservation sites. The development falls within the scope of the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) whereby a monitory contribution or Habitat Regulation Assessment (HRA) may be required may.

5.37 The findings of the extended Phase 1 Habitat Survey confirm that the habitats onsite have the potential to support reptiles, foraging bats, Badger, breeding bird and Hedgehog. The PEA sets out a series of recommendations to reduce and offset the potential impact of development, as listed in Table 2 (Habitat Constraints and Recommended Actions) and Table 3 (Protected Species – Ecological Constraints and Recommended Actions) in Section 7 of the PEA. These recommendations should be adhered to reduce the impact on protected species.

Land west of Mill Lane, Tye Green Cressing

5.38 The PEA sets out opportunities and potential measures to improve and enhance the biodiversity and ecological baseline on the site to accommodate wildlife and species, integrated into the landscaping scheme. The PEA also recommends a Construction Ecological Management Plan (CEMP) which can be conditioned to any planning permission.

Archaeology and Heritage

5.39 A built heritage statement has been prepared by RPS in support of the application. This considers the assess the potential impact on the historic built environment arising from the Proposed Development.

5.40 This considers that the Site forms an unremarkable part of the immediate and wider semi-rural setting of three Grade II listed buildings and two non-designated protected lanes. The Site makes its contribution to the appreciation of the significance of the Grade II Jeffrey’s Farmhouse and the non-designed Mill Lane and Bulford Lane through its role in the semi-rural character of the area only. The Site does not contribute to the significance or the appreciation of the significance of the Grade II Bulford Barn or the Grade II Bulford Farmhouse.

5.41 It found that the Proposed Development would represent a neutral alteration of the wider setting of the Grade II Bulford Barn and Grade II Bulford Farmhouse. The intrinsic architectural and historic interest of these buildings, their immediate settings and the legibility of their historic relationship to each other would not undergo any change as result of the Proposed Development.

5.42 It concludes that:

 The Proposed Development will preserve the special architectural and historic interest of the nearby listed buildings and therefore complies with section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.  The proposals will have no impact on the historic interest of the lanes and will therefore conserve their significance as non-designated heritage assets.

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 The significance of the surrounding heritage assets would be conserved and that the Proposed Development conforms to relevant national and local planning policies in respect of heritage issues.

5.43 In respect of archaeology, an archaeological desk-based assessment has been prepared by RPS is support of this application.

5.44 The assessment provides a review of the Site`s below-ground archaeological potential and addresses the information requirements of national, regional and local planning policy.

5.45 In terms of designated archaeological assets, no World Heritage Sites, Scheduled Monuments, Historic Wrecks or Historic Battlefields lie within the Site and there would be no indirect impact on any such assets in the wider landscape.

5.46 The assessment identified that Site can be considered to have a moderate potential for remains of Iron Age and Roman origin; a low to moderate potential for Bronze Age remains; and a low potential for all other past periods of human activity.

5.47 It concludes that any such remains would likely be considered of Low/Local significance

Highways, Access and Parking

5.48 A Transport Assessment has been prepared by Cannon Consulting Engineers which sets out a detailed assessment and approach to access, parking and highways impacts resulting from the new development.

5.49 The assessment sets out the existing highways network, and existing traffic flows along Mill Lane, Braintree Road, Bulford Lane and Polecat Road helping to establish the baseline position of the surrounding network. It also identifies that the site is accessible via walking, cycling and public transport, showing the site to be highly accessible within suitable walking and cycling distances and times to key facilities and amenities, as shown in Table 2.3, and within rail services such as Tye Green Cressing Station in close proximity to the site with high frequency of trains and parking facilities as per Tables 2.6 and Table 2.7.

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5.50 Access into the site is proposed via a priority controlled T-junction access from Mill Lane as illustrated on Drawing Y421_PL_SK_201 Revision B. The access will be developed as a Type E (Access Road) comprising a 5.5m wide carriageway with 2 x 2m footways, in accordance with Essex County Council’s Design Technical Manual.

5.51 Paragraph 4.2.4 of the Assessment shows that the proposed visibility splays (2.4 x 43m and 2.4 x 120m, in accordance with Manual for Streets and Manual for Roads and Bridges) are achievable. The existing footway along the eastern side of Mill Lane is proposed to be extended on the southern side of the development access to an uncontrolled crossing point (as per dwg: Y421_PL_SK_201 Rev B).

5.52 The internal layout is detailed within the Assessment at Paragraphs 4.3.1 to 4.3.4 and details how the spine road will comprise a Type E access road as a continuation from the proposed access into the site, with internal visibility splays and forward visibility splays constructed in accordance with Manual for Streets guidance. Detail is also provided on the proposed connection with the existing footpath which runs to the south of the site (adjacent to Bulford Lane).

5.53 In terms of parking provision, the scheme will be delivered in accordance with the parking standards as stipulated within the Essex County Council Parking Standards (2009), and therefore the development is not considered to impact on the surrounding highway network. Paragraphs 4.4.1 to 4.4.4 (including Table 4.1) of the Assessment provides further detail.

5.54 The proposed access to the development will be via a new priority controlled T- junction. As detailed in Section 5 of the Transport Assessment, a capacity assessment of the proposed access has been carried out which shows that junction will operate within capacity. It is further explained that following discussions with ECC, the proposed trip rate has been increased to match those agreed as part of the neighbouring development, which was found acceptable.

5.55 This is considered to be robust given that the Proposed Development comprises of bungalows which typically do not generate the same level of peak trips that a private residential development would generate, namely the neighbouring development

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5.56 An assessment of the proposed trip attraction of the scheme has been carried out. This shows that once distributed the impact of the development is low and therefore no offsite highway assessment is required.

5.57 The Transport Assessment therefore confirms that the Proposed Development is considered acceptable in highways terms with regards to the proposed access, parking provision and impact on the existing highways network in terms of trip generation and capacity, and any potential strain can be appropriately offset where necessary.

Flood Risk/Drainage

5.58 The site is within the Environment Agency’s identified Flood Zone 1 – land least at risk of flooding from tidal or fluvial sources.

5.59 A Flood Risk Assessment has been prepared by Cannon Consulting Engineers in support of this application.

5.60 In addition to this confirming the Site is within Flood Zone 1, the Flood Risk Assessment confirms that the Site is not considered to be at a significant or unmanageable risk of flooding from any of the other sources listed in the Flood and Water Management Act.

5.61 As set out in the Flood Risk Assessment, the Surface water runoff will be managed via a restricted discharge to the boundary watercourse. The discharge rate will be restricted to the annual greenfield rate. Attenuation will be provided in order to manage the 1 in 100 annual probability storm inclusive of 40 % climate change allowance and 10 % creep.

5.62 The surface water management scheme includes sufficient treatment for the proposed use; and will be offered to Anglian Water for adoption.

Ground conditions and contamination

5.63 Geosphere Environmental have prepared an addendum letter supporting a Desk Study previously undertaken on the site (Ref: 1216,DS,EC,AR,DESK,AB,TP,11-06- 15,V2), and replaces the previous Addendum Report (Ref: 4506,SK/001Ltr/KL,TP/17-12-19/V1).

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5.64 Paragraph 1.1 of the Addendum Letter sets out the previous position established through the 2015 Desktop Survey:

“A Phase 1 Preliminary Risk Assessment was originally undertaken by Geosphere Environmental in 2015 (ref. R.1). At the time of the 2015 walkover, the site comprised agricultural grassland. Key features included electrical pylons and drainage streams near to the site boundaries. One electrical pylon was present in the south-western quadrant of the site, and there were wooden telegraph poles in the eastern half of the site. The topography in the eastern half was mostly flat with long, gentle undulations, in the western portion of the site the topography was more variable, sloping down towards the railway line located west of the site. Several streams were present.”

5.65 The key results arising from the updated site walkover undertaken by Geosphere Environmental show that based upon the findings, the former uses of the site have the potential to result in a low risk of contamination that could pose risks to human health / Controlled Waters. This identified risks are two onsite potential sources of contamination – potential made ground and stagnant water – and an offsite risk from the rail line. The Letter also concludes that development should also have regard to a number of constraints – these are set out a section 5 of the Letter.

5.66 Subject to further investigation, as identified and recommended by Geosphere Environmental, it is considered the risk from contamination is considered acceptable to bring forward the proposed development.

Economic Impact

5.67 In addition to social and environmental benefits, the Proposed Development will also have a positive economic impact.

5.68 Development of additional homes results in intrinsic local and wider economic benefits.

5.69 Employment relating directly to the construction of the development will have positive economic and social impacts; as will jobs relating to the supply chain which will be supported during the construction period. Construction is an important part of the

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local economy in Cressing: 15% of employed people living in the Parish are employed directly in construction (Census, 2011).

5.70 Development of 80 bungalows at the Site will also engender sustained local economic benefits relating to additional local expenditure, with additional expenditure on goods and services by future occupiers of the Site on first occupation of their new homes, on home set up cost, and on an ongoing basis in local shops and services in the local area.

5.71 The development of 80 dwellings is estimated12 to support the employment of 248 people, and generate £964,240 in tax revenue.

12 The HBF Housing Calculator

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6.0 Planning Balance and Conclusion

6.1 The presumption in favour of sustainable development is at the heart of the NPPF.

6.2 In terms of the application of the presumption in favour of sustainable development, the ‘tilted balance’ in favour of the Proposed Development as per paragraph 11d) of the NPPF is engaged. This means the Proposed Development should be approved unless the benefits of the proposed development would significantly and demonstrably outweigh the harms.

6.3 A plethora of appeal decisions have established that the provision of housing to address a shortage in supply is a significant benefit that weighs in favour of a proposed development where there is an absence of a five-year housing land supply. However, in this case, the applicant is not merely seeking to deliver this single, albeit very important, benefit. Rather, the Proposed Development has sought to address a number of other important issues in addition, and to respond positively to other local needs, including in relation to those identified in the CNP.

6.4 The benefits of the Proposed Development are multifarious and comprise:

 Provision of homes to meet overall housing needs.  Provision of affordable homes, and in this case housing for an ageing population.  Provision of homes to meet the accommodation needs of older persons, and a typology of specialist accommodation for which neither the adopted nor the emerging Development Plan addresses, despite there being a significant need.  Provision of accommodation to help meet the needs of older persons has the additional potential benefit of encouraging downsizing and making other accommodation available for young people.  Proportionate growth to the village that will help support local facilities and services.  Proportionate growth in a sustainable location with excellent accessibility to the railway station.  Utilisation of a site in a sustainable location and that is not subject to any significant environmental, ecological, landscape, or heritage constraints to contribute towards meeting development needs, thereby reducing the need to utilise potentially less suitable land in order to meet such needs.

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 Contribution towards meeting development needs in Cressing without impinging on the Open Countryside Buffer Area, assisting in reducing pressure on this area to be developed in order to meet development needs and thereby helping to maintain the CNP objective of avoiding coalescence;  Provision of a significant area of informal open space incorporating, allotments, dog exercising area, addressing a specific need as identified in the CNP.  Provision of a green landscaped area to the west of the village envelope, providing an attractive arrival point, and defensible boundary to the village envelope.  Provision of high quality development set within a landscaped area, which will make a positive contribution to the character and appearance of the area.  Local economic benefits, both in terms of the economic benefit resulting from the development itself, and the ongoing economic benefit from additional expenditure in the area by future residents.

6.5 Turning to potential harm, as confirmed by technical studies which support this application the Proposed Development does not give rise to any concerns in relation to transport, heritage, ecological, arboricultural, flood risk, drainage, or contamination issues. The Proposed Development would result in the loss of greenfield land and, as with any edge of settlement greenfield development, would have a landscape impact. However, it is pertinent to note that in order to meet the District’s development needs, edge of settlement development beyond settlement boundaries and on greenfield land is inevitable. In addition, as the LVA confirms, the Proposed Development would only have a modest level of landscape effect within a relatively attractive, but ordinary value landscape, and would accord with the general pattern of development in the locale; and that the potential harm and impact on the landscape as a result of the Proposed Development is considered to be of an ordinary nature.

6.6 The Proposed Development will result in a number of significant benefits, and only limited harm.

6.7 It could not be feasibly argued that such limited harm outweighs the myriad of benefits of the Proposed Development, let alone that such harm could be said to significantly outweigh such benefits.

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6.8 As such, it is respectively requested that Braintree District Council grant planning permission for the Proposed Development without delay, as per the requirements of national policy set out within the NPPF.