Essex County Council Views on the Public Participation on the Tendring District Local Plan Pre-Submission Draft – Written Statement – November 2012

ANNEX 1 ESSEX COUNTY COUNCIL RESPONSE TO TENDRING DISTRICT LOCAL PLAN PROPOSED SUBMISSION DRAFT WRITTEN STATEMENT (NOVEMBER 2012)

Introduction Essex County Council supports the preparation of a Local Plan for Tendring District. A Local Plan, by setting out a vision and policies for the long-term planning and development of the District, should provide a platform from which to secure a sustainable economic, social and environmental future of the district to the benefit of its residents, businesses and visitors.

The County Council has cooperated with the District Council throughout preparation of the Local Plan on matters of strategic/cross boundary and service delivery issues. It has also used its best endeavours to engage and co-operate with other organisations for which those issues also have relevance.

Although the County Council has worked closely with the District Council during preparation of the Local Plan there a number of issues which continue to give the County Council concern. From the County Council’s point of view, as a service provider, a Local Plan should set out a robust long-term strategy for the District that provides a reliable basis on which the County Council may plan future service provision and required community infrastructure for which it is responsible. .

Summary of Key Issues The key issues underlying the County Council response to the consultation are,

 Sustainable Development and Delivering Infrastructure – the Local Plan proposes a widely distribution of future development across Tendring District. The County Council is concerned that this will not positively assist effective provision of community infrastructure and public transport to meet the future needs of Tendring.  Timescale of the Draft Local Plan – the time horizon of 2021 for the Local Plan is not conducive to effective long-term planning and greater clarity is required on the longer term development strategy for Tendring.  Future Social and Community Infrastructure Funding and Delivery – further assessment is required to identify the scale and source of funding to ensure timely and adequate delivery of community and social infrastructure to meet future needs of Tendring residents.  Historic Environment – additional policy and evidence referencing should be included in the Local Plan.

Structure of the County Council Response The response of the County Council to the consultation on the Local Plan is set out in three sections, which comment respectively on, A. overarching strategic issues B. the strategic spatial policies C. the area based policies

A. Overarching Strategic Issues

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There are four overarching strategic issues that the County Council would wish to highlight with regard to the draft Local Plan.

1. Sustainable Development and Delivery of Community and Transport Infrastructure

Policy PEO1 of the draft Local Plan proposes delivery of a dwelling stock increase of approximately 4000 dwellings (net) from 1st April 2011 to 31st March 2021, to be achieved through an approximate 6% net increase in the district’s total housing stock delivered across all urban and rural settlements in the district. Policies SD2 to SD4 of the Plan list the settlements which will accommodate a 6% increase in dwelling stock.

The County Council is concerned that the above four policies (Policies SD2, SD3, SD4 and PEO1) do not provide a sound basis for effective delivery of the proposed spatial distribution of development. The additional housing development is proposed to be distributed across the District at an equal 6% incremental rate across all named settlements, irrespective of size. Such a strategy is unlikely to generate the necessary critical mass in specific locations to effectively mitigate the cumulative impacts for additional community and social infrastructure. This would mean that existing and future residents would have to cope with unnecessary pressure and demand on existing services and facilities that are not able to be effectively expanded to cater for growth.

The particular concerns of the County Council arising from the proposed distribution of development are,

 Education provision - there are known pressures on reception year places across the district, particularly within Clacton-on-Sea and Frinton/Walton. The County Council still needs to be satisfied that the strategy and detailed policies of the Local Plan will be capable of facilitating timely and adequate provision of the anticipated additional education provision to secure sufficient places to accommodate new pupils in the right locations prior to dwelling occupation.

 Sustainable transport – the dispersed spatial distribution proposed by the Local Plan is likely to lead to further dependence on the private car. The largest proposed housing development location is estimated to accommodate 350 units (Appendix 3, p223, Local Plan). On this basis no single proposed housing location would be large enough to deliver viable and effective transport alternatives to the private car. A more sustainable approach to delivery of effective transportation improvements and investment within Tendring would be to concentrate development within the larger settlements of the district.

 Strategic Transport Network - the Local Plan notes that sections of the A133 can become congested, with impacts on the marketing of the district to business and visitors. Policy PRO1 proposes upgrades to the A120 and A133 and improvements to rail and bus services. The County Council remains to be convinced of the viability of some of the proposed upgrades for the A133 and A120. Within Tendring district significant congestion problems are generally

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limited to hot summer weekends and the scale and distribution of growth proposed by the Local Plan is unlikely to greatly change this situation. As Highway Authority, the County Council considers that the transport implications arising from the development sites proposed by the Local Plan are matters for pre application discussion and agreement of the scope and content of a Transport Statement/Assessment.

2. Timescale for Future Development

It is noted that the Local Plan has a time horizon of 2021 which, assuming adoption of the Plan in 2014, would represent an effective plan period of only 7 years. The National Planning Policy Framework (NPPF) states that Local Plans should be drawn up over an appropriate time scale, preferably a 15 year time horizon. The time period of the Plan is a matter for local determination. However, the District Council may wish to set out in greater clarity its intentions for producing spatial development policies into the longer term beyond 2021.

On this issue the County Council observes that the current short plan horizon for future development in Tendring District places limits on its ability as an organisation to robustly plan for the effective long term delivery of its services and associated infrastructure. Further, the absence of a long term development strategy for Tendring restricts the ability to collaborate with evolution of strategic policies across the sub-region and assess cross-boundary issues, for example with Colchester Borough Council. The County Council would welcome working collaboratively with the District Council in seeking to develop a longer term strategy.

3. Funding and Delivery for Future Social and Community Infrastructure

The County Council is concerned that the Local Plan has not given appropriate consideration to the funding and consequent delivery of community infrastructure and that some of the policies are not effective or consistent with the NPPF. The policies of particular concern to the County Council are,  Policies SD2, SD3, SD4, PEO1, and PEO14 - it is unlikely that these policies will deliver sufficient critical mass to effectively mitigate cumulative impacts on community infrastructure, especially Policies SD4 and PEO14 which include specific provision for some developments to be restricted to 10 units or less. Section 3 of this response sets out the known proposed sites where delivery of community infrastructure is expected to raise specific issues.  Policy SD7 - the County Council supports the District Council in seeking to develop a Planning Obligations Supplementary Planning Document. However, the current reference to the document in Policy SD7 should be deleted and replaced by more effective text elsewhere in the policy. Further discussion is required on the level of funding required to support increased provision of community and social infrastructure arising from future development. Currently, the County Council has insufficient information to be satisfied that adequate funding would be forthcoming to meet increased demands for its services and infrastructure from additional growth in the District.  Policy PEO10 – the District Council may wish to satisfy itself that the policy would be capable of effective implementation to deliver required levels of new housing provision for those on lower incomes. It is not clear how the District

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Council intends to secure sites for provision of ‘Council Housing’ where contributions are made in lieu of on-site provision.

4. Historic Environment

Treatment of the historic environment in the Local Plan should be improved in order to accord and comply with the NPPF. Detailed comments on individual policies are set out in the subsequent sections of the County Council response. However, there are also matters raised by the availability of evidence and its use in the design and assessment of policies. Specific matters that the County Council would wish to draw to the District Council’s attention are,

Policy PLA6 and paragraph 5.38 – both correctly reference the Tendring Historic Environment Report (ECC, 2008), which provides an appropriate assessment of historic environment significance and potential. Nevertheless, the Report forms only a part of the Essex Historic Environment Record, which should be specifically referred to in paragraph 5.38 and added to the third bullet of Policy PLA6, ‘ … (including the Tendring District Historic Environment Characterisation Report, the Essex Historic Environment Record, and other relevant historic records)...’

Policies PRO15, PLA5, and COU3 - the Tendring Historic Environment Report and the Essex Historic Environment Record do not in themselves provide strong enough evidence to support these four policies.

As the local Plan acknowledges, the district contains a wealth of historic rural buildings, many of which have become surplus to the requirements of modern agriculture, resulting in redundancy and neglect. Whist the Essex Historic Environment Record includes details of all listed buildings in the district, many significant historic rural buildings remain unlisted, without statutory protection, and current understanding of the nature and extent of the surviving resource of historic farm buildings in the district is incomplete. A heritage-specific thematic assessment would provide the evidence needed to assess the potential impact of this policy and how well the Local Plan positively responds to the issue of the neglect and decay of traditional farm buildings.

Policies PLA5 and PLA6 - the grounds for the designation of Protected Lanes in the district also fail to provide an appropriate evidence base for these two policies. Other authorities in Essex have undertaken recent reassessments of their Protected Lanes, using revised criteria developed by Essex County Council historic environment specialists. Tendring District Council should undertake a similar review of its Protected Lanes designations.

Page 19, List of Technical Studies – should also include the Frinton and Walton Conservation Area Management Plan and the Manningtree and Mistley Conservation Area Management Plan.

B. Strategic Spatial Policies This section of the County Council response sets out specific comments on the strategic spatial policies in the order that they appear in the Local Plan.

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1. Positive Vision for the Future (Chapter 1)

The Local Plan should consider the historic environment from the outset, including within the Vision for the District. To this end the Vision (paragraph 1.12, page 26) should be amended to include specific reference to the historic environment;

 In paragraph 1, line 3 - insert the words ‘and heritage’ so that the text would read ‘natural and heritage assets’.  In paragraph 2, line 4 – delete the words ‘elements of natural beauty’ and insert the words ‘natural and historic landscapes’.

2. Delivering Sustainable Development (Chapter 2) a) Policy SD7 – Securing Facilities and Infrastructure Paragraph 4 – the first bullet should be extended by addition of the words ‘including school transport and safer routes to schools’. b) Policy SD8 - Transport and Accessibility o Paragraph 2 - the requirements in paragraph 2 relating to site access and service arrangements for new developments are welcomed as reflecting previous comments made by the County Council. However, the District Council should note that a further point was also made at that time concerning consideration of access to the principal highway network from proposed sites. In terms of site access and service arrangements it should also be noted that access by commercial vehicles should be an early consideration. o Paragraph 3 - the County Council is concerned about proposed approach in paragraph 3 to prioritising a hierarchy of transport modes for securing sustainable access to new development. As Highway Authority, the County Council gives equal weight to access by public transport, walking and cycling. Similarly, it is not clear why powered two wheelers and commercial vehicles are given precedence before cars. o Paragraph 4 – for clarity and completeness the paragraph should be extended by deletion of the final words ‘the capacity of the highway network’ and the insertion of the words ‘the capacity of the existing or improved highway network or would not lead to an unacceptable increase in congestion”. o Suggested Additional Paragraph – as Policy SD8 is the strategic transportation and accessibility policy of the Local Plan it should include specific reference to the requirements for development to include measures for Travel Planning in accordance with Essex County Council ‘Development Management Policies’. c) Policy SD9 - Design of New Development Part A, bullet iv) – should be amended to include reference to the historic environment by addition of the word ‘heritage’ so that the second line would read ‘features of landscape, ecological, heritage or amenity value…’

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3. Planning for Prosperity (Chapter 3) a) Policy PRO2 – Improving the Telecommunications Network The County Council is supportive of the policy intent but it should include reference to the International Council on Non-Ionizing Radiation Protection (ICNIRP) Guidelines. Reference to the guidelines will ensure that telephone and radio masts are not located close to sensitive community uses, including schools, unless the applicant can demonstrate full compliance with the guidelines. b) Policy PRO4 – Priority Areas for Regeneration Paragraph 2 should be extended by addition of reference to green infrastructure to highlight the role of the natural environment in delivering quality of life. c) Policy PRO7 – Tourism The County Council accepts that any major new tourist facility should have good access to the A133 or A120, but bullet 2 should also encourage provision of easily accessible public transport. d) PRO9 – Holiday Parks; and, PRO10 – Camping and Caravanning The County Council is considers that Policy PRO9, paragraph 3, bullet 3 introduces potential ecological impacts that require further consideration. The current text fails to acknowledge that there are wooded areas where environmental issues would have to be taken into account and which may preclude such development. Similar considerations apply to Policy PRO10. Both policies should be amended to clarify that sites of nature conservation value will be protected, including Ancient Semi Natural Woodland (ASNW) and Ancient Veteran Trees (AVT).

4. Planning for People (Chapter 4) a) Policy PEO4 - Standards for New Housing The County Council welcomes the policies but it is unclear whether the standards reflect the evidence available within Tendring. The internal floor areas set out within the policy generally exceed those required for lifetime homes. The London Housing Design Guide is an example of good practice which conforms to the requirements for Lifetime Homes. Appendix A to this response sets out the internal space areas from the London Housing Design Guide. b) Policy PEO5 - Housing Layout in Tendring The supporting text to Policy PEO5 promotes the principles of Garden City movement in respect of new residential development, especially on greenfield sites. The District Council may wish to consider whether this approach will provide sufficient and appropriate homes that reflect the type and mix of properties arising from the market demands assessed in the SHMA. Additionally, the District Council would no doubt wish to expand the policy approach to secure future developments that are sustainable, of high quality design and accessible to local amenities and places of employment by a choice of transportation modes. Appropriate principles are set out in a range of existing guidance, including – Essex Design Guide (2005), Urban Place Supplement

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(2007), Essex County Council’s Street Materials Guide (2012), the Department for Transport’s Manual for Streets 2 and Trees in the Townscape: A Guide for Decision Makers (Trees and Design Action Group, (2012)). c) Policies PEO7, PEO8, PEO9 and PEO10 – Housing Type and Mix Policy PEO7 (Housing Choice) sets out the housing mix requirements for sites of 10 or more dwellings, unless otherwise specified by other policies of the Plan. Policies PEO8 (Aspirational Housing), PEO9 (Family Housing) and PEO10 (Council Housing) provide further appreciation of the types of housing sought by the District Council. The type of housing provided will influence the types of occupiers of properties and therefore expectations for provision of community services and facilities. For instance, Policy PEO7 seeks 70% of new homes within Tendring District to comprise ‘Aspirational’ and ‘Family’ housing. This is likely to have an impact on community facilities such as Early Years and Child Care provision and also on education provision. It is important that the evidence base supporting the plan clearly seeks to set out the impact of such policy on future social and community infrastructure.

An important part of the evidence base supporting the housing provision policies of the Local Plan is the Strategic Housing Market Assessment (SHMA). For Tendring the original SHMA was published in July 2008, with an update being published in April 2009. It is suggested that the SHMA is reviewed to confirm whether or not the housing type and mix proposed in Policies PEO7 to PEO10 are appropriate, in recognition that, o the housing market has changed in the period since the SHMA update; o the housing mix assessed by the SHMA indicated a demand of 54% for 3- and 4-bedroomed homes which varies substantially from the 70% implied by the policies proposed in the Local Plan; o the community and social infrastructure requirements arising from the required housing mix and type may be robustly assessed; o the impact that the housing mix and type policy may have housing requirements in neighbouring authorities; o the plot size and density requirements for different types and mix of dwellings may be reflected in proposed land allocations, especially the impact on the scale of release of greenfield sites. d) Policy PEO11 – Rural Exception Sites Policy PEO11 should ensure that development actively seeks to protect from adverse impact natural and heritage assets such as Ancient Semi Natural Woodlands (ASNW) and Ancient Veteran Trees. e) Policy PEO15 Traveller Sites The County Council considers the current wording of criterion b) of the policy to be inappropriate. The criterion should be amended by inclusion of specific reference to ‘walking distance via a safe route’ to the named services and facilities and deletion of the references to distance by public transport which are irrelevant. The County Council is liable for long term school transportation costs where a school is not within safe walking distance of home. Further, the safely accessible schools should be capable of accommodating pupils from the

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travelling community within existing spare capacity, given the unlikelihood of developer contributions being secured from traveller site proposals. f) Paragraph 4.84 - Community Facilities The of community facilities set out in paragraph 4.84 is welcomed, subject to reference to Early Years and Child Care and other educational facilities being added to the first bullet point. g) Paragraph 4.87 - Green Infrastructure The interrelationship between conservation of heritage assets and green infrastructure should be recognised by inclusion of an additional bullet within paragraph 4.87 to read, ‘conservation and enhancement of heritage assets’. h) Paragraph 4.94 - Playing Pitches and Outdoor Sports Facilities Paragraph 4.94 should be amended because it is not is factually correct. Playing pitches are managed by the schools themselves not the County Council and not all schools are Essex County Council Community Schools.

5. Planning for Places (Chapter 5) a) Paragraph 5.3 The County Council suggests that to ensure the historic environment is appropriately referred to throughout the Local Plan, paragraph 5.3 should be amended by inclusion of the words ‘historic landscapes’ so that the first sentence ends, ‘…many buildings of historic and architectural importance, historic landscapes and a number of Conservation Areas.’ b) Paragraph 5.4 Paragraph 5.4 should be expanded to acknowledge that the expansion of green infrastructure would be beneficial for wildlife appropriate for coastal locations and take into account the potential effects of climate change. Furthermore the second bullet should be amended to read, ‘protecting and enhancing the district’s biodiversity, attractive countryside, its coastal assets and the character of its heritage assets’. c) Policy PLA3 - Water Conservation, Drainage and Sewerage Policy PLA3 specifically excludes householder development from the requirement to incorporate SuDs. This gives concern to the County Council as some types of householder development can be quite sizeable and the cumulative effect of individual proposals can be considerable. The County Council would welcome further discussion with the District Council on this matter.

The Local Plan should demonstrate an awareness that, following the enactment of the Flood and Water Management Act 2010, Essex County Council is the Lead Local Flood Authority and responsible for managing the risk of flooding from surface water, groundwater and ordinary watercourses. The expected commencement date is October 2013. Essex County Council will be the sustainable drainage systems (SuDs) Approving Body. All developments with surface water drainage implications will need SuDs approval and should accord

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with DEFRA’s National Standards, Essex County Council’s SuDs Design and Adoption Guide as well as Local Policies.

The Local Plan should pay due regard to the Essex Flood Risk Management Strategy. Further, as part of its new responsibilities the County Council will be producing a series of Surface Water Management Plans across Essex in order to understand the level of surface water flood risk posed to communities. These documents will classify certain local catchments as Critical Drainage Areas (CDA’s) where the risk of flooding during extreme rainfall is highest. The studies will recommend possible measures to alleviate flooding within these areas, some of the common options being development control and land management. Currently the County Council has not produced a surface water management plan for Tendring, but the Local Plan should acknowledge the role of such a plan when it becomes available.

In addition to additional text to incorporate the above points the Local Plan should also be amended in respect of, o Paragraph 5.17 - flood resilient design measures and SuDs should be considered for all development, not just new development in areas which are vulnerable to flood risk or drainage issues. o Paragraph 5.18 - the following principles should be incorporated into the paragraph, - Protection of water resources – minimising pollution impact of development on groundwater, watercourses and rivers. - Reduction of surface water flood risk – provision of sustainable drainage systems (SuDs) and including rainwater harvesting, grey-water recycling etc. - Enhancement of amenity and environment – by providing at surface SuDs solutions which promote habitats for wildlife and opportunities for biodiversity enrichment. d) Paragraph 5.25 – Nature Conservation and Geo-diversity Paragraph 5.25 should include reference to the Conservation of Habitats and Species Regulations 2010. Reference should also be made to the Tree Palette, devised by the County Council, which provides advice on the most appropriate trees to use during the development process. e) Paragraph 5.19 – The Countryside Landscape To ensure appropriate reference to nature conservation and geodiversity an additional paragraph should be added following paragraph 5.19, to read, ‘ In 2009 a Geodioversity Characterisation report was prepared that identified 18 different geodiversity areas and more detailed geodiversity character zones with different characteristics, and which highlighted key sensitivities that need to be taken into account when considering development proposals in any part of the district whether it is covered by a designation or not.’ f) Paragraph 5.40 – The Historic Environment

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To ensure appropriate reference to the historic environment an additional paragraph should be added following paragraph 5.40, to read, ‘ This Local Plan seeks to protect or enhance the district’s historic assets but also make best use of its rich heritage to help promote the district as a visitor destination and an attractive place to live and work. The most appropriate strategy for conservation will vary between each heritage asset and will depend on a range of factors, including the assets significance.’ g) Policy PLA6 - Historic Environment To ensure compliance with the NPPF the first three bullets of Policy PLA6 should be amended, o Bullet 1 – to specify that the relevant historic environment record for Tendring District is the Essex Historic Environment Record by, in the fourth line, deleting the words ‘the relevant historic record’ and inserting the words ‘the relevant Essex Historic Environment Record’. o Bullet 2 - the text appears to be derived from paragraph 128 of the NPPF but, as such, is incomplete and has lost the original intention. The existing wording should be replaced in its entirety so that the bullet reads, ‘ Where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, the local planning authority will require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation with the planning application’ o Bullet 3 – should be amended to assert the role of the Essex Historic Environment Record by inserting text so that the fourth line reads, ‘… Environment Characterisation Report, Essex Historic Environment Record and other relevant historic records) and any…’. h) Policy PLA7 - Conservation Areas To better accord with paragraph 132 of the NPPF the text of the fourth paragraph should be amended to read, “Permission will not be granted for development outside but near to a Conservation Area if it detracts from that Area’s character or its setting, applying the above criteria.” i) General Comment- Climate Change The County Council supports the approach regarding Climate Change set out throughout the Local Plan and notes the references to the Code for Sustainable Homes and BREEAM. However, the Local Plan could also usefully include reference to climate proofing (e.g. planting trees for summer shading, green roofs), sunlight (management of high temperatures) and ground conditions (subsidence risks).

C. Area Based Policies

This section of the County Council response sets out specific comments on the area based policies in the order that they appear in the Local Plan.

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1. Clacton-on-Sea (Chapter 6) a) Overarching Comment - Housing Development and Education Provision The District Council preference for future housing development to be dispersed around Clacton means that the most feasible option would be provision of two 1 Form Entry Primary School sites. On the basis of the currently proposed housing allocations, the County Council’s preferred location for these school sites would be on sites at Thorpe Road and Rouses Farm. It should be noted that the County Council has a preferred model of 2 Form Entry Primary Schools, because they offer the best value for money and are more sustainable. The County Council would therefore wish to further consider with the District Council the question of whether a 2 Form Entry Primary School site may be delivered in Clacton-on Sea. b) Overarching Comment - Historic Environment The Tendring Historic Environment Characterisation Report (2009) identified the development sites proposed by Policies COS12, COS13, COS14 and COS15 as having high potential for below ground archaeological deposits and so the following text should be added to each of those policies, ” The Council will also expect a full archaeological evaluation to be carried out prior to any development due to the potential existence of heritage assets, in the form of archaeological remains”. c) Policy COS3 – Creation of a Civic Quarter For clarity and to ensure that sustainable transportation modes are promoted effectively in new development in this area the policy should be amended by, o Bullet a) – adding reference to cycle facilities so that the text reads, “individual cycle/pedestrian access points in Station Road, Carnarvon Road and the High Street retained/created with safe secure and direct cycle/pedestrian routes provided through and between the different uses and activities within the site”. o Bullet d) – to ensure appropriate public transportation access, amend to read, “existing bus stops to be improved where possible and retained within, or integrated into, and development”. d) Policy COS4 – Expansion of Waterglade Retail Park To ensure public transportation is a viable option for existing and future users of the Waterglade Retail Park bullet h) should be amended to read “existing bus stops to be improved where possible and retained within, or integrated into, any development”. e) Policy COS5 – Warwick Castle Market Site For clarity and to ensure that sustainable transportation modes are promoted effectively in new development in this area the policy should be amended by, o Bullet a) – adding reference to cycle facilities so that the text reads, “individual cycle/pedestrian access in Pier Avenue, Wellesley Road and Meredith Road to be retained/created with safe secure and direct cycle/pedestrian routes provided through and between the different uses and activities within the site”.

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o Bullet (n) - to ensure appropriate public transportation access, amend to read, “existing bus stops to be improved where possible and retained within, or integrated into, any development”.

The County Council welcomes the further elaboration and clarification in Bullet m) regarding the relocation of car parking spaces. f) Policy COS6 – Development in Jackson Road For clarity and to ensure that sustainable transportation modes are promoted effectively in new development in this area the policy should be amended by, o Bullet a) – adding reference to cycle facilities so that the text reads, “ the creation of a cycle/pedestrian link through the site between Jackson Road and the core shopping area in Pier Avenue”. o Bullet (n) - to ensure appropriate public transportation access, amend to read, “existing bus stops to be improved where possible and retained within, or integrated into, any development”. g) Policy COS7 – Rejuvenating the Station Gateway To ensure appropriate public transportation access, bullet j) should be amended to read, “existing bus stops to be improved where possible and retained within, or integrated into, any development”. h) COS9 – Anglefield Cliff-Side Hotel Proposal Development of the Anglefield Cliff-Side Hotel Proposal will require a transport assessment. The County Council, as Highway Authority, will require clarity regarding the accommodation of required levels of parking and notes that the proposed highway layout would create a number of difficulties for large vehicle movements, including those by buses. i) COS12 – Development at Rouses Farm, Jaywick Lane To enhance clarity on the delivery outcomes of the policy the wording should be amended in respect of, o Bullet a) – should be amended by inserting the word ‘also’ into the second line and adding reference to the minimum area for the required school, so that it reads, “the development will provide a single-form entry primary school with commensurate early years and childcare facilities on a minimum site area of 1.1 hectare of suitable useable land and contribute financially, also, toward minor expansion of existing permanent facilities – the nature, location and specifications of which must be agreed with Essex County Council as the Local Education Authority”.

The proposal for a 1 Form of Entry Primary School will be sufficient to service this localised development. Following the District Council’s review of the scale of development proposed at Rouses Farm the County Council believes there is sufficient capacity within Secondary Provision to accommodate the pupil product.

o Bullet j) – should include reference to cycle ways, and be amended to read,

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“ there will be a safe cycle path/footpath between the residential development and the Clacton Coastal Academy and new Primary School”. j) Policy COS13 – Development South of Clacton Coastal Academy, Jaywick Lane/Rush Green Road; and, Policy COS14 – Development East of Rush Green Road The County Council supports the phasing of development on each these two sites (see bullet c) of Policy COS13 and Policy COS14) until the proposed Primary School at Rouses Farm (see Policy COS12) is operational. The proposed primary school at the Rouses Farm site is required to service the educational needs of all three developments proposed by Policies COS12, COS13 and COS14. The local catchment primary school (Frobisher) would not have sufficient permanent capacity to accommodate pupils from the development South of Clacton Coastal Academy. There is sufficient capacity within secondary provision to accommodate the pupil product. k) Policy COS15 – Development East of Thorpe Road Policy COS15 should be amended to provide for the educational needs of future residents at this site. The local Primary School, Engaines Primary, is at capacity and cannot accommodate any further pupil product that may be generated from the development at East Thorpe Road. An additional bullet should be added to the policy to secure provision of a site for a 1 form entry Primary School with commensurate early years and childcare facilities. The resultant Primary School would service this development and others proposed in the North of Clacton (see Essex County Council response to Policy COS16 and Policy COS17). There is sufficient capacity within secondary education provision to accommodate the pupil product.

Additionally, the wording of bullet b) should be amended to enhance clarity, so that it reads, “ the development must deliver improvements to Thorpe Road including the provision of a footway to the established built up area at Centenary Way”. l) Policy COS16 – Development South of Centenary Way; and, Policy COS17 – Development at Gainsford Avenue Both Policy COS15 and Policy COS16 should be amended to provide for the developments to proceed only when educational needs of future residents at the sites may be met. The local Primary School, Engaines Primary, is at capacity and cannot accommodate any further pupil product that may be generated from the development at either site. An additional bullet should be added to phase development of both sites until the 1 Form Entry Primary School that should be provided at the Thorpe Road site is operational (See Essex County Council response to Policy COS15). This will ensure that the educational needs of the future resident community within north Clacton is appropriately considered and delivered. There is sufficient capacity within secondary education provision to accommodate the pupil product generated from this development.

2. Harwich and Dovercourt (Chapter 7)

13 | P a g e Essex County Council Views on the Public Participation on the Tendring District Local Plan Pre-Submission Draft – Written Statement – November 2012 a) Policy HAD1 – Regeneration in Harwich Old Town

o Paragraph 7.7 - should be amended by insertion of additional text so that the second bullet reads, “ Protect and enhance the historic environment of the Old Town, including its special architectural and historic character, by ensuring development proposals, advertising and shop front design are sympathetic with their surroundings and contribute positively to the area. The Council will also expect a full archaeological evaluation to be carried out prior to any development due to the potential existence of heritage assets, in the form of archaeological remains”.

o Policy HAD1 – the final paragraph should be amended by insertion of additional text so that it reads, “ Proposals for new development within Harwich Old Town will be considered against the relevant provisions of the 2010 Harwich Quay Development Brief (or any subsequent update or amendments) and alongside all other relevant policy requirements. The Council will also expect a full archaeological evaluation to be carried out prior to any development due to the potential existence of heritage assets, in the form of archaeological remains”. b) Policy HAD2 – Regeneration in Dovercourt The final paragraph should be amended by insertion of additional text so that it reads, “Proposals for new development within Dovercourt Town Centre and adjoining areas will be considered against the relevant provisions of the 2011 Dovercourt Rediscovered Study (or subsequent update or amendments) and alongside all other relevant policy requirements”. c) Policy HAD4 – Development East of Pond Hall Farm The catchment Primary School (Chase Lane) is forecast to be full to capacity. The County Council would therefore seek contributions to explore and develop options for expanding current provision to accommodate the educational needs arising from the development. There is enough capacity within secondary school provision to accommodate pupil product from this development. d) Policy HAD5 – Development West of Mayes Lane The catchment Primary School (Two Village) is forecast to be full to capacity. The County Council would therefore seek contributions to explore and develop options for expanding current provision to accommodate the educational needs arising from the development. There is enough capacity within secondary school provision within the area to accommodate pupil product from this development. e) Policy HAD6 – Development at Harwich School The County Council welcomes the proposals within the policy regarding the proposed post-16 sixth form centre. However, the County Council would wish to further discuss in detail the proposals for this site with the District Council. The information currently available is insufficient to provide the County Council with 14 | P a g e Essex County Council Views on the Public Participation on the Tendring District Local Plan Pre-Submission Draft – Written Statement – November 2012

an appreciation of the possible scale and extent of any residential development on the site. This means that it is not possible to interpret future educational and community infrastructure needs arising from the development and how they may impact on future provision of such facilities in the town.

3. Frinton, Walton and Kirby Cross (Chapter 8) a) Overarching Comment - Education Provision The County Council, as Local Education Authority, views additional residential development within Frinton, Walton and Kirby Cross as problematic from a Primary School education perspective. Primary schools within Frinton, Walton and Kirby Cross are forecast to be at capacity and, being on restricted sites, have no potential for expansion. Provision of a new school would be required but it would not be viable given the scale of development proposed for the area in the Local Plan. The current proposals of the Local Plan may mean that there would not be sufficient primary school places for future residents. The County Council would welcome further discussion with the District Council on this matter. b) Policy FWK4 – Frinton and Walton Conservation Area The County Council doubts the robustness and effectiveness of the policy. The area designated as a ‘Proposed Conservation Area extension’ appears to have been chosen arbitrarily on the basis of an administrative area (the electoral ward) rather than the merits of the historic character and appearance of the area. The adopted Frinton and Walton Conservation Area Management Plan (2007) is the vehicle through which recommendations should be based for amendments to the Conservation Area boundary. A desire to formally extend the Conservation Area should be informed by a further Conservation Area Appraisal. The County Council would be pleased to work on a further Appraisal with the District Council, English Heritage and other partners. c) Policy FWK6 – The Martello Development; and, Policy FWK8 – Station Yard and Avon Works, Walton o Retention of these two sites as proposals within the Local Plan would need the policy for each proposed development to make appropriate provision for primary school relocation to a new site. The catchment primary school (Walton-on-Naze) for these two proposed sites is forecast to be full, and is on a restricted site with no land to expand. It would not be possible within the existing primary school provision to accommodate pupils from these two proposed developments. There is considered to be sufficient capacity within secondary provision to accommodate the pupil product from both sites.

o The Tendring Historic Environment Characterisation Report (2009) identifies the Martello site (Policy FWK6) as having high potential for below ground archaeological deposits. Consequently, a further bullet should be added to the policy, to read, “The Council will also expect a full archaeological evaluation to be carried out prior to any development due to the potential existence of heritage assets, in the form of archaeological remains”.

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o Bullet c) of Policy FWK6 should include reference to cycle links, and be amended to read, “ a cycle/pedestrian link between the new food store and Walton Primary Shopping Area, via Mill Lane, will be created”. d) FWK9 – Development at Turpins Farm o Retention of this site as a proposal within the Local Plan may mean that there would not be sufficient primary school places for future residents. The catchment primary school (Frinton-on-Sea) is forecast to be full, and is on a restricted site with no room to expand. It would not be possible within the existing primary school provision to accommodate pupils from this proposed development, nor is it feasible to explore the relocation and new provision for the Primary School. There is considered to be sufficient capacity within secondary school provision to accommodate the pupil product from the site.

o Bullet (g) should include reference to cycle links, and be amended to read, “there will be a safe cycle/pedestrian route between the residential development and the Hamford Primary School and Triangle Shopping Centre”.

4. Manningtree, Lawford and Mistley (Chapter 9) a) Policy MLM4 and Policy MLM5 – Joint comment on Historic Environment The Tendring Historic Environment Characterisation report (2009) identifies the development sites proposed in Policy MLM4 and Policy MLM5 to have a high potential for below ground archaeological deposits. Consequently, a further bullet should be added to the policy, to read, “ The Council will also expect a full archaeological evaluation to be carried out prior to any development due to the potential existence of heritage assets, in the form of archaeological remains”. b) Policy MLM4 – Development east of Cox’s Hill, Lawford It should be noted that the County Council would seek developer contributions for expansion of both primary and secondary school provision to meet demands arising from this development. The catchment primary school (Highfields Primary) currently has surplus capacity, but it would not be sufficient to accommodate the potential pupil product from the proposed development. Similarly, secondary school provision at Manningtree High School is also forecast to reach capacity. c) Policy MLM5 – Development East of Bromley Road, Lawford The Lawford Church of England Primary School should be advised of the proposal in bullet e) for a dedicated ‘pick-up’ and ‘drop-off’ area off Bromley Road, with the current access to Long Road being closed in order that the school may positively contribute to mitigation of the potential health, safety and insurance issues. d) Policy MLM6 – Development at Horsley Cross

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The County Council recognises that there are accessibility issues with development at the Horsley Cross site. However, no objection is raised to the proposed employment uses in Class B2 (General Industrial) and Class B8 (Storage and Distribution). The County Council would be concerned if permission was given for other uses which generated a greater impact on the transportation network.

5. Brightlingsea (Chapter 10) a) Policy BRI2 – Development at Robinson Road o It should be noted that the County Council would seek developer contributions for expansion of both primary and secondary school provision to meet demands arising from this development. The catchment primary schools (Brightlingsea Infant and Junior Schools) are forecast to be at capacity and it would not be able to accommodate the potential pupil product from the proposed development. Similarly, secondary school provision at Colne Community High School is also forecast to reach capacity.

o The Tendring Historic Environment Characterisation report (2009) identifies the development site at Robinson Road to have a high potential for below ground archaeological deposits. Consequently, a further bullet should be added to the policy, to read, “ The Council will also expect a full archaeological evaluation to be carried out prior to any development due to the potential existence of heritage assets, in the form of archaeological remains”.

6. Key Rural Service Centres (Chapter 11) a) KEY1 – Development South of Cockaynes Lane, Arlesford o It should be noted that the County Council would seek developer contributions for expansion of both primary and secondary school provision to meet demands arising from this development. The catchment primary school (Arlesford Primary) may not be able to accommodate the pupil product from the proposed development. Similarly, secondary school provision at Colne Community High School is also forecast to reach capacity.

o Bullet c) should include reference to cycle links, and be amended to read, “the development must provide a safe pedestrian footpath/cycleway through the development with a new cycle/pedestrian access into the site from the Railway Station, off Station Road and links to the countryside beyond”. b) Policy KEY2 – Development Off Holly Way, Elmstead Market o It should be noted that the County Council would seek developer contributions for expansion of both primary and secondary school provision to meet demands arising from this development. The catchment primary school (Elmstead Primary) may not be able to accommodate the pupil product from the proposed development. Similarly, secondary school provision at Colne Community High School is also forecast to reach capacity.

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o Bullet a) should include reference to cycle links, and be amended to read, “ the principle point of vehicular access will be off Holly Way with cycle/pedestrian access only via Meadow Close”.

o Bullet (b) should be amended to read, “the development shall deliver off-site traffic calming measures and a new pedestrian crossing in Colchester Road at the western end of the village (subject to securing agreement with the Highway Authority)”. c) Policy KEY3 – Development North of Abbey Street, Thorpe-Le-Soken The catchment primary school (Rolph Primary) will be unable to accommodate the pupil product arising from this development. The County Council will therefore seek developer contributions for expansion of existing primary school provision. At present there is sufficient capacity for secondary provision to accommodate the pupil product.

6. Countryside and Smaller Rural Settlements (Chapter 12) a) Policy COU7 – Farm Diversification The County Council considers that farm diversification schemes should contribute towards sustainable development objectives and maintain and enhance the historic environment. However, often such schemes require the adaptive re-use of traditional, historic rural farm buildings. Accordingly, bullet c) should be amended to read, “The proposed activity can be accommodated within existing buildings on site, in a way which minimises or avoids conflict between a heritage asset’s conservation and any aspect of the proposal, or if new buildings are required, it can be demonstrated why such buildings are required and that they will located adjacent to or close to existing buildings and in a location that causes minimum visual impact on the surrounding landscape;”

APPENDIX 1 – THE LONDON HOUSING DESIGN GUIDE

Table 1 outlines the London Housing Design Guide minimum dwelling floor area for each property type.

Table 1 Minimum Dwelling by Dwelling Type Essential GIA (sq.m) Floor Area (bedroom/Persons) Flats 1b2p 50 2b3p 61

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2b4p 70 3b4p 74 3b5p 86 3b6p 100 4b5p 90 4b6p 99 2 Storey Houses 2b4p 83 3b4p 86 3b5p 96 4b5p 100 4b6p 107 3 Storey Houses 3b5p 102 4b5p 106 4b6p 113 (Source; London Housing Design Guide)

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