Poole Community Infrastructure Levy Representations Received in Line with Reg 17

Poole Community Infrastructure Levy Representations received in line with Reg 17

July 2018 Schedule of Representations Received under Regulation 17

Reference Consultee

Rep 01 Montagu Evans LLP representing Atlas Holding (Sydenham’s) Rep 02 Denton’s UKMEA LLP representing Lands Improvement Holdings Poole S.a.r.L and Gallagher Poole Limited Rep 03 Fortitudo Ltd Rep 04 Montagu Evans LLP representing Legal and General Investment Management Rep 05 Lichfield’s for Inland Homes Rep 06 Poole Quays Forum Rep 07 Purbeck District Council Rep 08 Mr. J Mills – Resident Rep 09 Mr. J Sprackling – Resident Rep 10 Savills representing Richborough Estates Rep 11 Tetlow King representing South West Harp Planning Consortium Rep 12 Chapman Lilly Planning Ltd representing W H White Ltd Rep 01 Borough of Poole REF Poole's CIL Draft Charging Schedule Representation Form Borough of Poole (for official use only)

This form has two parts: Part A - Personal Details; and Part B - Your comment(s). PART A: Personal Details

Your Details Agents Details (where relevant) Title Ms

Name Polly Mason

Job Title Associate ( where relevant) Organisation Atlas Patners (Sydenham) Ltd Montagu Evans LLP (where relevant) Address 5 Bolton Street, London

Postcode WlJ 8BA

E-mail [email protected]

Tel. Number 020 7312 7403

Responses should be sent to:

Email: [email protected] Post: Poole Local Plan I GIL, Planning & Regeneration, Boroughof Poole, Civic Centre, Poole BH15 2RU Return to Borough of Poole by 12pm, Friday 22 September 2017

Late or anonymous representations will not be accepted. All representations received will be published on the Council's website along with your name.

If you choose to type a response it would be appreciated if you could email the Microsoft Word version, making it easier to copy the responses into an examination database.

An example of a completed form is available on the Council's website. Alternatively, if you would like help completing this formplease contact the Planning Policy Team.

For further information, visit www.poole.gov.uklcil , email or call 01202 633321 to speak to a member of the Planning Policy Team.

Poole's CIL DraftCharging Schedule - Representation form. July-Sept 2017 1

Edinburgh Glasgow Manchester

CHARTERED SURVEYORS 5 Bolton Street PD10976/PB/PM/LB London W1J 8BA email: [email protected] Tel: 020 7493 4002 Fax: 020 7312 7548 21 September 2017 www.montagu-evans.co.uk Borough of Poole Planning and Regeneration Services Growth and Infrastructure Civic Centre Poole BH15 2RU

Dear Sir or Madam

Borough of Poole Local Plan – Regulation 19 Consultation (Pre-Submission Draft) – July 2017 Borough of Poole Draft Community Infrastructure Levy (CIL) Charging Schedule – July 2017 Representations On Behalf Of Atlas Partners (Sydenham) Ltd

These representations are submitted by Montagu Evans on behalf of Atlas Partners (Sydenham) Ltd in respect of the latest round of consultation by the Borough of Poole (“BoP”) on the Local Plan Review which runs between 31 July and 22 September 2017, and on the draft CIL charging schedule which runs between the same dates.

The purpose of these representations insofar as they relate to the Pre-Submission Draft of the Local Plan is to help ensure that the policies in the emerging Local Plan are consistent with other local and national planning policies, and are sufficiently robust to promote delivery of the stated objectives and necessary development across the borough. It is recognised that at this stage, representations should relate to the soundness of the Proposed Submission Local Plan – we refer to this later within this letter.

In terms of the draft CIL charging schedule, these representations seek to ensure transparency and consistency in the application of CIL charging within the borough.

Background and Context to the Representations

By way of background to these representations, on behalf of Atlas Partners (Sydenham) Ltd, Montagu Evans have previously submitted representations to earlier rounds of consultation on the emerging Local Plan, including in November 2016 to the Regulation 18 Consultation.

In July 2017, Montagu Evans submitted an application for planning permission for the redevelopment of the site to the Borough of Poole on behalf of Atlas Partners (Sydenham) Ltd. This application seeks consent for:

“Demolition of all existing buildings. Full application for residential-led mixed use development comprising raising existing ground levels and provision of 374 residential units, 1,543 sqm GEA of flexible floorspace (Classes A1, A2, A3, A4, B2, D1 and D2) provided in eight blocks ranging from 4 to 14 storeys

Montagu Evans LLP is a limited liability partnership registered in England and Wales with registered number OC312072. Registered office 5 Bolton Street London W1J 8BA. A list of members’ names is available at the above address. above ground level in addition to undercroft car park and servicing area, 369 car parking spaces, a boat basin with capacity for circa 23 vessels, and associated soft and hard landscaped open space”.

This application has been registered under application reference APP/17/00991/F but it has not yet been determined.

Given the above, these representations focus on the delivery of residential-led mixed use development on the Sydenhams site, and housing delivery across the borough more broadly.

The Sydenhams Site

Emerging Policy PP5 of the Local Plan refers to the Twin Sails Regeneration Area and states that this area will be regenerated as a vibrant new community, with major development proposals required to provide a mix of uses appropriate to the size and location of the site and include new homes, office space and supporting commercial activities. It is also noted that development within the regeneration area should:

a. create a new attractive, vibrant and continuous public quayside along the waterfront; b. facilitate pedestrian and cycle access to Upton Country Park; c. improve access to the port; d. provide flood defences to reduce the risk of flooding; e. deliver a high standard of design; and f. provide pedestrian and cycle links to connect with existing parts of the town.

The policy also notes that development will be required to comply with other policy and guidance prepared for the area and adopted by the Council including the Town Centre SPD and development briefs.

The Sydenhams site is identified as site ‘T10’, with the following objectives:

- the delivery of approximately 300 homes, with supporting offices and commercial uses; and - the preservation and enhancement of the setting of adjacent listed buildings and the Town Centre Heritage Conservation Area.

We fully support the allocation of the Sydenhams site for residential-led development with supporting commercial uses. This reflects the representations to the Local Plan submitted on behalf of Atlas Partners (Sydenham) Ltd in November 2016, and the recognised need within the Local Plan evidence base to increase the quantum and density of residential development on key sites, whilst reviewing the amount of employment floorspace that it appropriate and deliverable.

We do however request that the wording of section T10 of emerging Policy PP5 is amended to replace reference to ‘adjacent’ listed buildings with ‘nearby’ listed buildings. This is necessary for accuracy, given that there are no listed buildings directly adjacent to the Sydenhams site, with the closest being those located at 5 – 11 and 19 Blandford Road.

On the basis of the application for the redevelopment of the site lodged with the Council in July 2017, it is clear that the site represents a specific developable site, offering a realistic prospect for the delivery of housing within the next five years (in accordance with paragraph 47 of the National Planning Policy Framework and footnote 11), and a major opportunity for the Council to seek to address the housing delivery shortfall which has been identified. Given the above, we support the identification in the emerging Local Plan that the site has capacity for ‘approximately 300 homes’. We request however, that this figure – as well as other figures for housing delivery in the Local Plan – are presented as minima. This enables a more accurate basis to be arrived at in terms of the estimated delivery of housing across the borough and plan period, as well as setting clear objectives for the best use of sites.

The above reflects the general principles for residential development as set out in the emerging Local Plan, contained within section 6 of the document, which is entitled ‘Meeting all housing need’. Therein, it is stated that: “the Poole Local Plan contains a suite of policies to maximise the reuse of brownfield land to encourage higher densities, redevelop public sector land, allocate brownfield sites and provide more locations where flats can come forward”. It is further noted that: “the Poole Local Plan allocates urban area sites, referred to as urban allocations that are available and deliverable or developable and can provide a minimum of 40 homes. These urban allocations, along with town centre allocations, make up almost a half of total housing supply required to meet the OAHN”.

We support the above and note that this gives greater weight to urban allocations that are ‘available, deliverable or developable’ – which is the case for the Sydenhams site.

We do however consider that the inclusion of approximate figures for housing delivery rather than defined minima threatens the soundness of the emerging plan.

The National Planning Policy Framework (NPPF) states at paragraph 182 that for a plan to be sound it should be:

- positively prepared – prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development; - justified – the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; - deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and - consistent with national policy – should enable the delivery of sustainable development in accordance with the policies in the Framework.

In our view, the inclusion of approximate rather than minima targets for housing delivery does not enable an accurate understanding of the ability of identified sites to contribute to meeting the identified need for residential development across the borough.

Draft CIL Charging Schedule

Alongside the Pre-Submission Local Plan, the Council is also inviting comments on the draft replacement CIL Charging Schedule.

We support the identification within the above that residential development in the Twin Sails Regeneration Area will be subject to a CIL payable rate of £0. This is important in the encouragement and facilitation of development in this area. We also support the proposal that A1 retail development within the town centre (or district and local centres and neighbourhood parades) will be subject to zero rate, as will all other development throughout the borough. We would however make the following comments on the draft charging schedule and accompanying map:

- It would be helpful and more clear if the published map showing the CIL charging zones used the denominations ‘Zone Bi’ and Zone Bii’ as per the draft charging schedule; and - The published map showing the CIL charging zones includes the majority of the Sydenhams site within the Twin Sails Regeneration area of Zone B – i.e. enclosed within the red line. There does however appear to be a very small area of the southern part of the Sydenhams site which lies outside of this red line. We request that the red line is extended to include the entirety of the site to avoid a scenario wherein differing CIL rates relate to a single development site.

Concluding Remarks These representations are submitted on behalf of Atlas Partners (Sydenham) Ltd and focus upon the potential for the delivery of residential accommodation on the Sydenhams site, but also across the wider borough. However, in the interests of meeting the tests of ‘soundness’, we request that housing delivery targets are represented as minima in order that a more accurate picture of housing delivery can be provided.

Atlas Partners (Sydenham) Ltd intend to engage with the Council further in terms of the preparation of local planning policy and we therefore request that we are kept up to date with the preparation and submission of the Local Plan. As per the accompanying Representations Form, we would like to have the right to participate at the oral examination if necessary.

Please contact Paul Burley or Polly Mason at this office if you have any queries or if you would like to discuss.

Yours faithfully

MONTAGU EVANS LLP Rep 02

Borough of Poole REF Poole’s CIL Draft Charging Schedule Representation Form (for official use only)

This form has two parts: Part A – Personal Details; and Part B – Your comment(s). PART A: Personal Details

Your Details Agents Details (where relevant) Title [ ]

Name [ ]

Job Title [ ] (where relevant) Organisation Lands Improvement Holdings Poole [ ] (where relevant) S.á.r.l. and Gallagher Poole Limited Address c/o agent c/o Dentons UKMEA LLP One Fleet Place London Postcode EC4M 7WS

E-mail [email protected]

Tel. Number 0207 2467683

Responses should be sent to:

Email: [email protected] Post: Poole Local Plan / CIL, Planning & Regeneration, Borough of Poole, Civic Centre, Poole BH15 2RU Return to Borough of Poole by 12pm, Friday 22 September 2017

Late or anonymous representations will not be accepted. All representations received will be published on the Council’s website along with your name.

If you choose to type a response it would be appreciated if you could email the Microsoft Word version, making it easier to copy the responses into an examination database.

An example of a completed form is available on the Council’s website. Alternatively, if you would like help completing this form please contact the Planning Policy Team.

For further information, visit www.poole.gov.uk/cil , email or call 01202 633321 to speak to a member of the Planning Policy Team.

Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 1 As your representation will be passed to an Inspector you should cover succinctly all the information, evidence and supporting information necessary to support/justify the representation.

After this stage, further submissions will be only at the request of the independent Inspector appointed by the Secretary of State, based on the matters and issues he/she identifies for examination.

You may choose to request to appear at a public hearing to clarify your comments. Do you consider it necessary to participate at the oral part of the examination?

No, I do not wish to participate at Yes, I wish to participate at the oral examination the oral examination

If you wish to participate at the oral part of the examination, please outline why you consider this to be necessary in the space below: To confirm basis of representations and changes required.

Please note that the Inspector will determine the most appropriate procedure to adopt to hear those who have indicated that they wish to participate at the oral part of the examination.

Signature PP. R Horrocks Date 22/09/17

Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 2 PART B: YOUR COMMENTS YOUR COMMENTS – PLEASE USE A SEPARATE SHEET FOR EACH REPRESENTATION

Technical Compliance:

Q1: Do you wish to make representations regarding matters of technical compliance: (please tick as appropriate) a) With the Planning Act 2008 (as amended) or CIL Yes No No Comment Regulations 2010 (as amended)? b) With the need to have regard to the charge setting and Yes No No Comment schedule procedures as detailed in the CIL Statutory Guidance issued in 2014?

(For explanation of terms refer to guidance notes below)

Comments: Please use the space below to provide more detailed comments (expand box as necessary)

Lands Improvement Holdings Poole S.á.r.l. and Gallagher Poole Limited welcome the recognition in the June 2017 Viability Update Report that a CIL charge is not viable for redevelopment at this the Former Power Station site. The site is a strategic allocation with specific viability characteristics that reflect its special local and development history. Its deliverability is important in the emerging Local Plan. Realising the site's potential as a sustainable location for new housing close to existing town centre networks and amenities will involve substantial costs significantly exceeding the allowance for benchmark brownfield enabling works costs and strategic flood costs identified in the PBA Viability Report.

The Draft CS does not currently give effect to the intended nil rate for the site which the Charging Authority has resolved to apply nor comply with the Regulations. The Draft CS currently identifies a single Zone B, with a nil rate for residential (C3) use stated to apply in the Twin Sails Regeneration Area. Regulations 13(1)(a) and 12(2)(c)(i) require that the "location and boundary" for the zones for differential charging are shown on a OS base map contained in the charging schedule. The Draft CS and associated Charging Map does not identify location or boundaries of the Twin Sails Regeneration Area the purposes of regulation 12(2)(c)(i). We note that inset diagrams drawn from the emerging Local Plan have been published alongside the Draft CS (but do not form part of it).

The Draft CS should be corrected by: (a) the inclusion of the Twin Sails Regeneration Area as a separate zone; and (b) the inclusion of the inset map showing the Twin Sails Regeneration Area boundary in detail (c) simply describing the Twin Sails Regeneration Area as a nil charge zone.

Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 3 Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 4 YOUR COMMENTS – PLEASE USE A SEPARATE SHEET FOR EACH REPRESENTATION

Evidence:

Q.2: Do you wish to make representations regarding the: (please tick as appropriate) a) Evidence that has been used to inform Poole’s Draft Yes No No Comment Charging Schedule? Yes No No Comment b) Council’s interpretations or use of the evidence? c) Evidence provided showing that the proposed rates will Yes No No Comment not threaten delivery of the relevant plan as a whole?

(For explanation of terms refer to guidance notes below)

Comments: Please use the space below to provide more detailed comments (expand box as necessary)

The above points may require participation on the Examination of the evidence base subject to clarifications in relation to the Viability Report.

Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 5 YOUR COMMENTS – PLEASE USE A SEPARATE SHEET FOR EACH REPRESENTATION

Other Representations:

Q.3: Do you have any other representations relating to the proposed charges for Poole’s CIL? (please tick as appropriate) (For explanation of terms refer to guidance notes below)

Comments: Please use the space below to provide more detailed comments (expand box as necessary)

Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 6 Guidance Note for Completing Representation Form

The purpose of a public examination into a proposed Community Infrastructure Charging (CIL) Levy Schedule is to consider whether a CIL Draft Charging Schedule meets the following statutory tests in accordance with sections 212(4) and 212 of the Planning Act 2008, as amended: (a) That the Charging Authority has complied with the requirements of the Planning Act 2008 (as amended) and the CIL regulations 2010 (as amended); (b) That the Charging Authority has had regard to the statutory guidance, Planning Policy Guidance 2014; (c) That the Charging Authority has used appropriate available evidence to inform the draft Charging Schedule; (d) That the proposed rate(s) are informed by and consistent with, the evidence of economic viability across the charging authority’s area, and (e) That the evidence has been provided that shows that proposed rate(s) will not threaten delivery of the relevant plan as a whole. Representations must relate to these matters. Other matters may be outside of the examination and will be subject to the examiner’s judgement as to their relevance. All representations will be considered by the examiner as written representations. Any person or organisations making representations has the right to be heard in person at the examination should they choose to appear. The public examination format will take place either through written representations or a formal hearing under the direction of the examiner. Following Poole’s Draft CIL Charging Schedule consultation period, the council may decide to amend the schedule as a response to the comments received. Any modifications will be set out in a ‘Statement of Modifications’. Where the Council proposed to make amendments to Poole’s CIL Draft Charging Schedule as result of the consultation, any person or organisation may also request to be heard by the examiner in relation to those amendments. In line with the CIL regulations, such requests must be submitted to the Council in writing before the end of the period of four weeks beginning with the day on which the Draft CIL Charging Schedule is submitted to the examiner. Any person who has made a request to be heard may withdraw that request at any time before the opening of the examination by giving notice in writing to the Council. The council anticipate that the submission of the CIL Draft Charging Schedule for examination will take place in Autumn 2017. The Council will provide updates on the proposed examination on its website. If you wish to make a representation seeking a change to the CIL Draft Charging Schedule you try to support your representation with evidence showing why the CIL Draft Charging Schedule should be changed. Where there are groups who share a common view on how they wish to see the CIL Draft Charging Schedule changed, it would be very helpful for that group to send a single representation which represents the view, rather than for a large number of individuals to send in separate representations which repeat the same points. In such cases the group should indicate how many people it is representing and how the representation has been authorised.

Poole’s CIL Draft Charging Schedule - Representation form. July-Sept 2017 7 Rep 03

From: Richard Carr [mailto:[email protected]] Sent: 12 September 2017 11:09 To: Nick Perrins Cc: Richard Genge Subject: CIL Importance: High Sensitivity: Confidential

Nick,

Good to have a chat on various sites, Further to our meeting last week I wish to make representation on the new CIL charging rates for Poole Quay and Hamworthy. I obviously see the point that you make that there has to be a line somewhere but it seems to me, to be shooting ourselves in the foot.

In my opinion the re-gen area should be Zero, and the whole of Hamworthy should be at £60-00 my rational is simple and only learnt by the recent development of the James Steel Works, if this scheme was smaller it would become unviable, the rational is simply that you will achieve a higher £ per sq ft as you go higher which dissipates the CIL cost. This problem on low cost housing (Starter Homes) is now compounded with build costs continually escalating, pushing residual land values below their par value, this has one consequence no development. The finished property costs are broadly the same in both Zone B & C if you research Right Move which further justifies my point.

Putting all of these arguments to one side if you want to encourage more development I think “less is more”.

Best regards,

Richard Carr Development Consultant

Fortitudo Ltd. 161 Banks Road Sandbanks Poole, BH13 7QL

T: 01202 233279 M: 07831 766666 fortitudoproperty.com

This e-mail is private and confidential and may contain proprietary or legally privileged information. It is for the intended recipient only. If you have received this email in error, please notify the author by replying to it and then destroy it. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this e- mail or any attachment. All reasonable steps have been taken to ensure this communication is virus free by Bitdefender Inc. Subject to Contract. Rep 04

Edinburgh Glasgow Manchester

CHARTERED SURVEYORS 5 Bolton Street PD9046/JNS/PM London W1J 8BA email: [email protected] Tel: 020 7493 4002 22 September 2017 Fax: 020 7312 7548 www.montagu-evans.co.uk Borough of Poole Planning and Regeneration Services Growth and Infrastructure Civic Centre Poole BH15 2RU

Dear Sir or Madam

Borough of Poole Local Plan – Regulation 19 Consultation (Pre-Submission Draft) – July 2017 Borough of Poole Draft Community Infrastructure Levy (“CIL”) Charging Schedule – July 2017 Representations on behalf of Legal and General Investment Management (“LGIM”)

These representations are submitted by Montagu Evans on behalf of Legal and General Investment Management (hereafter “LGIM”) in respect of the latest round of consultation by the Borough of Poole (“BoP”) on the Local Plan Review which runs between 31 July and 22 September 2017, and on the draft CIL charging schedule which runs between the same dates.

In terms of the draft CIL charging schedule, these representations seek to ensure transparency and consistency in the application of CIL charging within the borough.

Background and Context to the Representations

By way of background to these representations, on behalf of LGIM, Montagu Evans have previously submitted representations to earlier rounds of consultation on the emerging Local Plan, including in August 2016 and March 2015.

LGIM are the owners of the Dolphin Shopping Centre in Poole Town Centre, which is the main purpose built shopping centre within Poole. The Centre has a total floorspace of approximately 47,000 sqm across more than 110 stores. LGIM purchased the Centre in 2013 and are therefore one of the key stakeholders in Poole Town Centre. LGIM’s decision to invest in Poole Town Centre reflects the opportunities to improve the existing Centre, both through asset management and through enhancements to the existing buildings and public realm, reinforcing the Centre’s – and Poole town centre’s – retail attraction.

Earlier proposals by previous owners of the Dolphin Centre concentrated upon a major extension of the Centre, which was reflected in the Council’s policies for the Town Centre North. LGIM’s approach is different in that it views the improvement of the existing Centre as being essential to reinforcing Poole Town Centre as a retail and leisure destination. Given the closer connections to the High Street this should ensure better spin-off benefits to the rest of the town centre. The priority is to create both modern and larger units as well as

p:\currentjobs\pd9046 dolphin centre, poole (lg)\reps\poole local plan\submission\170922 lgim representations - submission.docx

Montagu Evans LLP is a limited liability partnership registered in England and Wales with registered number OC312072. Registered office 5 Bolton Street London W1J 8BA. A list of members’ names is available at the above address. reconfigure and improve the appearance of existing stores. This will be complemented by well-integrated extensions where appropriate.

Reflective of the above are the programme of applications submitted by LGIM to the Council will seek to upgrade the existing Centre and enhance its offer. These include:

- Application ref. APP/17/00005/F – Refreshment and upgrading of three external mall entrances. Application approved February 2017; - Application ref. APP/16/01098/F – Minor roof level extension and minor shopfront extension at ground floor to Units 56 – 60 within the Dolphin Centre, and associated works. Application approved September 2016; - Application ref. APP/15/01778/C – Change of use of units 8 – 9 from retail (A1) to restaurant / café (A3) with associated internal and external works. Application approved February 2016; - Application ref. APP/13/01606/F – Demolition of units 18 – 20 (Nos. 37, 38 and 39 Dolphin Centre) and construction of a three storey replacement Class A1 retail unit. Photovoltaics to 2nd floor roof. Application approved March 2014.

In addition to the above, it is LGIM’s intention to imminently submit applications to the Council for additional retail and leisure floorspace at Kingland Crescent, and for enhancements to the public realm in this area.

At a high level we wish to state that LGIM broadly support the overarching vision and objectives within the emerging Local Plan. Given the status of the Dolphin Centre as Poole’s primary retail destination, and its location within the Town Centre, these representations predominantly focus upon parts of the emerging Local Plan that refer to these designations and associated issues. We do however comment on additional policies and justification text where relevant.

Poole Local Plan - Pre-Submission Draft (July 2017)

We set out below our comments on the document.

Part 3: Issues and Challenges

Challenge 1: Regenerating Poole town centre

Paragraph 3.7 of the emerging Local Plan states that:

“Poole town centre comprises the town’s main retail offer with the Dolphin Centre, Poole High Street and the Quay. However, traditional store-based shopping is facing new challenges with the growth of internet sales, subdued forecasts for consumer spending following the economic recession and increases in discount retailers”.

We agree with the above text but recommend an additional following sentence to state:

“Retailers and other town centre occupiers are also more selective in terms of the space they occupy and in which towns they choose to locate”.

Paragraph 3.10 of the emerging Local Plan states that:

“Significant growth coming forward in the town centre will place additional pressure on heritage assets, particularly proposals for tall buildings within the setting of conservation areas”.

We urge caution here as it is not correct to assume that tall buildings necessarily have a negative impact on heritage assets, including conservation areas. There are numerous examples of development proposals, including those involving tall buildings, which are agreed to have preserved or enhanced the character and appearance of conservation areas and other heritage assets. Part 4: Vision and Strategy

Objective 2 – Meeting all housing needs

The fourth bullet point of this objective reads “the requirement for schemes of 11 or more dwellings to provide affordable housing”.

As confirmed within emerging Policy PP11 Part (g), the delivery of affordable housing as part of schemes comprising 11 or more dwellings is a target, subject to viability, rather than a ‘requirement’. This should be reflected in the text under Objective 2.

Policy PP2 – Amount and broad location of development

Emerging Policy PP2 of the Local Plan refers to the amount and broad location of development and identifies a target for the delivery of 14,500 sqm of retail floor space across the plan period.

Part 4b of the policy refers to the broad location of employment and retail development and states that “retail and commercial leisure needs will be directed towards Poole town centre, with supporting growth in the district and local centres to meet the localised daily needs that are easily accessible for nearby residents through active and sustainable forms of travel”.

We fully support this statement.

Part 5: To transform and revitalise Poole Town Centre

Part 5 of the emerging Local Plan defines the town centre as including Town Centre North, the Twin Sails Regeneration Area, Lower High Street, Hill Street, the Quay and Old Town areas, and the rest of Poole town centre, including areas around West Quay Road, Hunger Hill, Poole Quarter and Seldown area.

Paragraph 5.3 notes that:

“these areas are defined within the town centre boundary on the Policies Map and are the focus for the Council’s town centre regeneration ambitions. The plan also recognises that there are areas, such as the Port, outside but closely related in function and location to the town centre boundary and that form part of wider town centre geography. It is important to ensure that development within the wider town centre geography supports and complements the Council’s corporate aspirations to transform and revitalise the town centre”.

While we are supportive of the principle of the above, it is important that a clear distinction is made between the actual town centre sites as identified within the proposals map, consistent with the NPPF definition, and those falling within the ‘wider town centre geography’ which under the NPPF definition comprise edge of or out of centre sites.

We recommended the inclusion of the following underlined text in paragraph 5.5:

“The town centre is the most sustainable part of Poole with its public transport links and range of shops and services within close proximity of each other. There are also significant areas of brownfield land available for development. Therefore, Poole town centre is the most appropriate location for the most intensive uses and highest densities, which means it will continue to the principal focus for and the preferred location of major development in Poole”.

Paragraph 5.9 of the emerging Local Plan states that:

“Existing vacancy rates are relatively high and the market demand for new retail space has been low in recent years”. We do not fully agree with this statement. One of the major issues that Poole has faced has been the lack of appropriately sized units to meet potential occupiers’ needs in the right location.

The paragraph goes on to state that:

“Therefore to address this the Council encourages the enhancement and better utilisation of existing vacant space within the town centre”.

Many of the vacant units in Poole are located in secondary areas, in particular the High Street. These are often not preferred locations so the challenge is to provide attractive, modern floorspace in locations that are more likely to meet occupier demand, including the Dolphin Centre. We request that this is recognised within the emerging Local Plan.

Policy PP3 sets out the town centre strategy and states that “Poole town centre, as defined on the Policies Map, will be the most suitable location for the most intensive uses and major developments which generate the highest levels of activity”.

Part 3 (d) of this policy states that the Council will work with relevant parties to “provide new retail and / or office space as part of mixed use development on major development sites, as well as, bringing back into use under- used and vacant units across the town centre”.

We request that the above is clarified – either through additional text within the policy or in further justification text - to confirm that where such sites are located outside of the designated town centre boundary for the purposes of the NPPF, in the case of office led mixed use developments, any retail / food and beverage floorspace should be complementary to the office use, which will be reflected in it being complementary in scale.

Part 6: Meeting all housing need

Policy PP8 – Type and mix of housing

Emerging Policy PP8 states that:

“As a mix of all housing types and sizes are needed in Poole and in order to provide flexibility, other than where prescribed for some of the allocations in this plan, the Council does not prescribe a particular housing mix development should follow.

However, for all schemes of 11 or more homes or 1,000 sqm floor space, housing proposals should include a type and mix of housing that has due regard to the SHMA and other relevant evidence on housing needs including self-build and custom-build housing”.

We request that recognition is given within this policy to the location of the site in question, not just the scale or quantum of proposed development. This is because sites within the town centre which are capable of accommodating a higher density of development are typically less appropriate sites to accommodate 3 bedroom or larger homes.

Policy PP11 – Affordable housing

We request that the wording of Part (b) of emerging Policy PP11 is amended (our additional text underlined for reference) to read as follows:

“On sites of 21 units and above, affordable housing should be provided on-site, unless viability evidence demonstrates that on-site affordable housing cannot be provided, in which circumstances the Council will accept affordable housing off-site or as a commuted sum payment”.

We further request that Part (d) of the policy is amended as follows: “In all cases, to help achieve good place-making and to encourage mixed and sustainable communities, the provision of on-site affordable housing must be indistinguishable from market housing”.

Part 7: Poole’s economy remains strong and continues to grow

Paragraph 7.33 confirms that Poole follows the town centre first approach, while paragraph 7.34 identifies the hierarchy of centres. We suggest that an additional paragraph is inserted after paragraph 7.34 to confirm that as a major town centre, Poole town centre will continue to be the principal location for shopping in the Borough. This is likely to be concentrated in the north of the town centre as more secondary locations along the High Street are likely to change to non-retail uses.

Paragraph 7.38 states that:

“The Poole Local Plan designates primary shopping frontages in Poole town centre and the 3 district centres. To protect these frontages the Council considers an over-concentration of uses in shopping frontages as a whole, rather than individual parade”.

We support the above. The Dolphin Shopping Centre covers a number of internal and external streets, and in order to enhance the centre, it is likely that some will accommodate concentrations of non-retail uses to complement the main retail frontages.

Policy PP21 – Retail and main town centre uses

Emerging Policy PP21 refers to retail and main town centre uses. The numbering within this policy needs to be amended as currently there are two parts to the policy identified as part (2). The part of the policy that deals with shopping frontages states that:

“To retail and enhance the mix and range of retail and other main town centre type uses, the Council has designated shopping frontages in Poole town centre and the district centres. In the:

(a) Primary Shopping Frontage, proposals for the change of use will be permitted where it will not result in the over concentration of units in the non-A1 Use Class”.

We request that the above is updated such that part (a) reads as follows:

“Primary Shopping Frontage, proposals for the change of use will be permitted where it will not result in the over-concentration of units in the non-A1 or non-D2 Use Class”.

The above recognises the value of D2 uses as complementary to standard retail uses within the Primary Shopping Frontage.

Part (3) of emerging Policy PP21 refers to proposals outside designated frontages / boundaries. We consider that the wording ‘outside of designated frontages / boundaries’ is too vague. Reference should be made here to the either town centre or primary shopping frontages, or to specific areas.

Policy PP22 – Tourism and the evening / night time economy

Part (3) of emerging Policy PP22 states that “Proposals that add vitality and viability to Poole’s main evening / night time economy centres will be permitted, provided that..”. We request that the first point or criteria following this wording should make reference to the sequential test – i.e. that sites within the town centre will be the preferred location for such uses.

Part 9: Enhancing the outstanding natural setting and built environment of Poole.

Policy PP26 – Design Emerging Policy PP26 states that “a good standard of design is required in all new developments, including extensions and external alterations to existing buildings”.

We agree with the general principle of the above, but as currently drafted we do not consider that this policy is acceptable and does not meet the tests of soundness. At present, the policy appears to simply encourage development of the same scale and type as existing and fails to provide a set of tests to accommodate higher density development – which is accepted elsewhere within the Plan to fulfil an important role in meeting identified development need – in appropriate locations and which is designed appropriately. To be effective, design related policies must acknowledge that it is not always appropriate to reflect local patterns of development where this impedes the delivery of other plan policies, for example housing delivery or enhancement of the town centre. It is also important that design policies encourage the optimisation of the potential of development sites.

The above should be noted in the context of paragraph 58 of the NPPF, which states that planning policies and decisions should aim to ensure that developments (inter alia):

- Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; and - Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation.

In terms of specific parts of the policy, we also consider that reference should be made to daylight and sunlight rather than overshadowing within Part (c), and to the advantages of high quality design within Part (2).

Paragraph 9.11 states that “in Poole tall buildings are considered to be those over six storeys”. We request that this is reviewed to assess whether 6 storey really constitutes a tall building. Care should be taken not to adopt this limit as an arbitrary threshold. Testing as to whether a design is appropriate should be undertaken on the basis of key views.

Paragraph 9.13 refers to tall buildings as being an important component of boosting housing delivery and meeting needs. We support this recognition, but request that later parts of this paragraph are expanded to recognise that Poole would benefit from a consistent approach of testing proposals from an agreed list of identified views, supplemented by additional views agreed on a case by case basis as appropriate.

We also request that recognition is given to issues of daylight / sunlight in the design and development of tall buildings. It is however important that policy recognises that with clusters of higher density development, proposals may be acceptable even in scenarios wherein standards are not strictly met.

Emerging Policy PP28 – Tall buildings

Linked to earlier comments above, we recommend that wording of this policy is amended to include reference to a specific set of views that will be identified against which proposals for tall buildings will be assessed.

The Test of ‘Soundness’

We consider that without amendments to the design (PP26) and town centre related (PP3, PP21, PP22) policies and paragraphs (Paragraph 5.3) as set out above, the soundness of the emerging Plan is not ensured.

The National Planning Policy Framework (NPPF) states at paragraph 182 that for a plan to be sound it should be:

In our view, failure to clearly position the designated town centre as the preferred location for town centre uses, and to identify non-town centre sites as being out of centre or edge of centre sites, and the failure to set clear strategies for the assessment of the design approach to schemes, as well as the failure of design policies to refer to the optimisation of sites and the encouragement of flexible design, is not consistent with national policy.

Consultation on Newly Promoted Sites

We have no comments to make on the above.

Draft CIL Charging Schedule

Alongside the Pre-Submission Local Plan, the Council is also inviting comments on the draft replacement CIL Charging Schedule.

The Dolphin Centre falls with Zone B (Poole town centre – excluding Twin Sails Regeneration Area) for the purposes of the draft CIL Charging Schedule. Within this zone, the following CIL rates apply under the draft charging schedule:

- Residential (C3, excluding retirement housing): £60 per sqm; - All other development: £0 per sqm.

In comparison to the above, residential development in the Twin Sails Regeneration Area is proposed to be subject to a CIL rate of £0.

We request that all town centre sites are subject to a nil CIL rate for residential development to enable consistency in delivery.

We also suggest that it would be helpful and more clear if the published map showing the CIL charging zones used the denominations ‘Zone Bi’ and Zone Bii’ as per the draft charging schedule.

Concluding Remarks

These representations are submitted on behalf of LGIM. In the interests of meeting the tests of ‘soundness’, we request that amendments are made in line with the above content of this letter in order to ensure consistency with national planning policy.

LGIM intend to engage with the Council further in terms of the preparation of local planning policy and we therefore request that we are kept up to date with the preparation and submission of the Local Plan. As per the accompanying Representations Form, we would like to have the right to participate at the oral examination if necessary.

Please contact Julian Stephenson or Polly Mason at this office if you have any queries or if you would like to discuss.

Yours faithfully

MONTAGU EVANS LLP Rep 05

Poole Local Plan/CIL, Planning and Regeneration, Borough of Poole, Civic Centre, Poole BH15 2RU.

Date: 22 September 2017 Our ref: 13776/SSL/JLa/14815397v1 Your ref:

Dear Sir / Madam

Borough of Poole Draft Community Infrastructure Levy Charging Schedule

We write in relation to the above consultation on behalf of our client, Inland Homes PLC. Inland Homes welcomes the proposed revisions to the Community Infrastructure (CIL) Levy and considers that the proposed nil rate within the Twin Sails Regeneration Zone will be important in realising brownfield development. Such development will be crucial in meeting Poole’s housing needs and minimising the need for Green Belt release.

Inland Homes is the only developer to have delivered new housing within the designated Regeneration Zone in recent years. The former Pilkington’s Tiles Site, now referred to as Carters Quay will deliver 165 new homes in phases 1-3 which are now nearing completion. A further 161 new homes are planned on the quayside remainder of the site and these proposals are the subject of a current planning application (ref. APP/17/01043/F). Inland Homes therefore has a strong interest in ensuring the successful regeneration of the Twin Sails / Lower Hamworthy area is achieved. Inland Homes fully supports the changes CIL charging schedule to reduce the rate for development within the Twin Sails Regeneration Area to nil. This recognises the substantially greater costs of developing land in this area which has required substantial remediation and will require the construction of a sea wall.

We support the Draft Charging Schedule and would encourage the Borough of Poole to expedite its implementation. Yours faithfully

Joe Larner Planner

Enc. Completed CIL Consultation Response Form

Registered in England No. 2778116 Regulated by the RICS Borough of Poole REF Poole’s CIL Draft Charging Schedule Representation Form (for official use only)

This form has two parts: Part A – Personal Details; and Part B – Your comment(s). PART A: Personal Details

Your Details Agents Details (where relevant) Title Mr

Name Joe Larner

Job Title Planner (where relevant) Organisation Inland Homes PLC Lichfields (where relevant) Address c/o Lichfields Lichfields, 14 Regent's Wharf, All Saints Street, London Postcode N1 9RL

E-mail [email protected]

Tel. Number 020 7837 4477