Representations in respect of the Colchester

Publication (Regulation 19) Draft Local Plan

On behalf of Bloor Homes 11 August 2017

1. Introduction and Background

1.1 These representations to the Colchester Borough Publication (Regulation 19) Draft Local Plan (the PDLP) are submitted by Strutt & Parker LLP on behalf of Bloor Homes, who are actively promoting the residential development of land at Maldon Road, Tiptree (SLAA reference C104/ TIP09). Representations have been submitted previously to the Preferred Options Local Plan (2016) (Regulation 18).

1.2 Land at Maldon Road, Tiptree represents a sustainable and deliverable site capable of accommodating new homes to help meet local housing need and to support the community of Tiptree. The site measures approximately 10 hectares and is capable of delivering up to 250 dwellings. The site is situated to the north west of Maldon Road, on the western side of the village, adjoining the existing settlement boundary of Tiptree. The site is well located relative to existing village services and is in single ownership; The site accords with National Policy deliverable criteria set out at paragraph 47 and is available, suitable location and achievable. A plan showing this site is provided as Appendix 1 to this submission.

1.3 Bloor Homes is one of the largest house builders in the UK. They have a proven track record of delivering new homes across a range of sites, with a local East Anglian team designing and building homes in the area. Bloor Homes’ current developments are located locally at Earl’s Garden Sible Hedingham, Kingswood Heath Colchester and Rowhedge Wharf, Rowhedge. They are also taking forward strategic developments in Chelmsford, Halstead and elsewhere across the County, working successfully with local authorities.

1.4 Bloor Homes has been actively promoting the site through the Tiptree Neighbourhood Plan, in addition to the Borough’s emerging Local Plan. A copy of the Concept Statement submitted to the Tiptree Parish Council Neighbourhood Plan Call for Sites in July 2017 has been provided at Appendix 2.

1.5 In respect of the PDLP, whilst the general approach to Tiptree as a sustainable settlement is strongly supported, we are of the view that the emerging Local Plan is not sound or legally compliant in its current form and some alterations are required to address these defects. This representation sets out the elements of the Local Plan that are supported, as well as the specific elements considered unsound/ not legally complaint; detailing why; and setting out proposed solutions to ensure the Local Plan is sound and legally compliant.

The format of our written representations comprise this Written Representation Statement, completed response forms for each relevant policy, site location plan and Concept Statement submitted to the Neighbourhood Plan consultation. These representations focus on policies SG2, SG8 and SS14 and provide comments on the effectiveness of the Plan; the justification of the Plan and policies; and whether the Plan accords with national policy. We therefore consider the PDLP does not satisfy the tests of soundness, as set out by Paragraph 182 of the National Planning Policy Framework (NPPF).

2. Representations

Policy SG1 - Colchester’s Spatial Strategy

SUPPORT

2.1 Section 12 of the PDLP sets out a settlement hierarchy. We support the principle of a settlement hierarchy identifying the Borough’s main settlements and its use as a framework for the distribution of development and site allocations.

2.2 Paragraph 12.9 and Table SG1 identifies Tiptree as a Sustainable Settlement. We strongly support the appropriate identification of Tiptree as a higher order, sustainable settlement within the Borough’s settlement hierarchy. Tiptree is a District Centre supported by a number of key services and community facilities, such as two supermarkets, 4 primary schools, a secondary school, a community centre and a range of shops, cafes and restaurants.

Policy SG2 – Housing Delivery

OBJECT

2.3 Whilst we support the settlement hierarchy, it is important that the Local Plan does not adopt an overly prescriptive approach to the distribution of housing. We encourage the Council to identify an appropriate balance of small, medium and large sites which can maintain a consistent delivery over the plan period. Sites within sustainable settlements, such as land north of Maldon Road, Tiptree, are capable of delivering housing in the short term given they are not exposed to long lead-in times.

2.4 The proposed spatial strategy for North Essex and Colchester is focussed on delivering significant strategic development over the plan period, reliant on the delivery of infrastructure and investment. As part of the spatial strategy additional growth will be delivered in sustainable settlements. The NPPF highlights the importance of ensuring strategies are deliverable (paragraph 182), and that a constant five-year housing land supply is sustained over the plan period (paragraph 47). The NPPF also requires the strategy for meeting objectively assessed housing needs to be sufficiently flexible to respond to change (paragraph 14). We therefore consider that Policy SG2 of the PDLP is amended to emphasise the need for deliverable sites across the plan period.

2.5 Paragraph 47 of the National Planning Policy Framework seeks to boost significantly the supply of housing. As such, housing targets should not be considered as a maximum requirement or a ceiling for an area and should instead represent a minimum. Policy SG2 apportions 600 new homes to the settlement. Whilst we support the principle of additional dwellings at Tiptree, it is suggested that the wording of the policy is amended to express this new level of development as a minimum for sustainable settlements to encourage and boost the delivery of housing in the Borough.

2.6 Proposed amended policy wording:

Policy SG2-Housing Delivery

The Local Planning Authority will plan, monitor and manage the delivery of at least 14,720 new homes in Colchester Borough between 2017 and 2033. The housing target is based on a robust Objectively Assessed Housing Need figure of 920 homes a year and provides alignment with the targets for the delivery of employment land.

The overall distribution of new housing, as shown in Table SG2, is guided by the settlement hierarchy set out in the Spatial Strategy and Policy SG1. New housing development will be focused on the following key areas:  Colchester urban area (Place policies for Central, North, South, East and West Colchester)  Tendring / Colchester Borders Garden Community (Section 1 Policy SP8)  Colchester / Braintree Borders Garden Community (Section1 Policy SP9)

Detailed decisions on the location, type and level of development to be carried out in the Garden Communities will be made through joint plans to be agreed with the relevant local planning authority, either Braintree (west) or Tendring (east), as outlined in Section1 of this plan.

To maintain the vitality and viability of the Borough’s smaller towns and villages, an appropriate level of new development will be brought forward in Sustainable Settlements to support new homes and economic and social development across the plan period. Details on those allocations are provided in Policies SS1- SS16 (Sustainable Settlements) and expressed as minimum targets.

Policy SG8 – Neighbourhood Plans

SUPPORT

2.7 The PDLP seeks to encourage towns and villages to plan for the specific needs of their communities by developing Neighbourhood Plans. We are strongly supportive of the preparation of Neighbourhood Plan for Tiptree settlement.

Policy SG8 – Neighbourhood Plans

OBJECT

2.8 Whilst we are supportive of the principle of neighbourhood planning, we do consider that Policy SG8 should be amended to expressly state the need for neighbourhood plans to boost the delivery of housing provision. Recognition that housing targets should not be seen as a ceiling to delivery, as referenced at paragraph 2.5 of this Statement, will assist to achieve the PDLP’s sustainable growth, natural environment and places objectives and National Planning Policy (paragraph 47).

2.9 The spatial strategy for North Essex and Colchester relies on a significant number of dwellings to be delivered as large strategic allocations, reliant on the provision of extensive infrastructure which is time-consuming prior to housing delivery. Beyond these large strategic sites sustainable settlements will prepare neighbourhood plans to direct growth in their areas. As a result, the Local Plan relies on significant number of homes coming forward later in the plan period. It is therefore requested that the policy is amended to encourage the delivery of homes through neighbourhood plans across the plan period to ensure that a constant five-year housing land supply and delivery is sustained over the plan period (paragraph 47).

2.10 The NPPF requires decisions to be justified and based on proportionate evidence (paragraph 182). The SA/SEA does not consider an alternative to the currently drafted Policy SG8. As such, it is necessary for the PDLP to consider housing delivery through neighbourhood plans as a minimum and not for the proposed dwelling numbers to be treated as a ceiling.

2.11 Proposed amended wording:

Policy SG8: Neighbourhood Plans

Towns and villages are encouraged to plan for the specific needs of their communities by developing Neighbourhood Plans. The Local Planning Authority will support Parish and Town Councils and Neighbourhood Forums (in unparished areas) to prepare Neighbourhood Plans containing locally determined policies to guide land use and meet future development needs in their areas early in the plan period. Neighbourhood Plans will include policies relating to housing delivery which will boost the delivery of housing for their areas. Neighbourhood Plans are being prepared for Eight Ash Green, Marks Tey, Stanway, Tiptree, West Bergholt, Wivenhoe and West Mersea.

In cases where a Neighbourhood Plan fails at any time prior to being made, responsibility for all planning policy matters within that plan area will revert back to the Local Planning Authority.

Neighbourhood Plans have been made for Boxted and Myland and Braiswick and these now form part of the Development Plan for Colchester.

Policy SS14 –Tiptree

OBJECT

2.12 Supporting text to the Tiptree section of the PDLP (Paragraph 14.216-7) acknowledges that Tiptree is a highly sustainable settlement, well served by a high number and range of key services, including supermarkets and educational facilities. Paragraph 14.219 also states that it has been agreed with the Neighbourhood Plan Group that Tiptree will deliver 600 new dwellings over the plan period, and that this quantum is considered an appropriate level of growth for Tiptree. This has informed Policy SS14 ‘Tiptree’.

2.13 Whilst we do not object to development being directed to Tiptree we consider that Policy SS14 should be amended to encourage the delivery of a minimum of 600 dwellings. If a subsequent Tiptree Neighbourhood Plan were to fail to treat this figure as a minimum not only would this be contrary to Policy SG2 of the PDLP, there is also risk that the flexibility of the Borough’s strategy to meet housing need and its ability to respond to changing circumstances would be undermined, and it may result in a disproportionate level of housing growth being directed to less sustainable settlements. Further clarity that this number is to be treated as a minimum should be provided to ensure the Local Plan is effective, positively prepared and deliverable, as required by the NPPF (paragraph 182).

2.14 Further to this in the event the Tiptree Neighbourhood Plan is not produced and made in a reasonable time, sites in the settlement should still come forward. Provisions should be made for this, ensuring housing delivery in sustainable settlements contributes to the Borough’s housing need.

2.15 We recognise the need to identify a range of sites to meet the Borough’s housing need. However, we also recognise that medium sized sites in sustainable settlements play an important role in delivering greater benefits to the wider community than small or piecemeal development. The delivery of development of a sufficient scale will deliver a quantum of development capable of securing community benefits through planning obligations. The PDLP does not acknowledge this in Policy SS14. Land north of Maldon Road, Tiptree would provide development of a sufficient scale to achieve the delivery of new homes to the Borough and wider community benefits supported by an appropriate s.106 package.

When considering the inter-relationship between local plans and neighbourhood plans, paragraphs 183 to 185 of the National Planning Policy Framework (which sets out the Government’s objective for neighbourhood plans) should be carefully considered. Paragraph 184 states that “Neighbourhood planning provide a powerful set of tools for local people to ensure that they get the right types of development for their community”. However, it also states that “The ambition of the neighbourhood should be aligned with the strategic needs and priorities of the wider local areas.” The current approach taken in this Local Plan does not provide sufficient certainty.

2.16 Proposed amended policy wording:

Policy SS14: Tiptree

Within the broad areas of growth shown on the Tiptree policies map, the Tiptree Neighbourhood Plan will:

(i) Define the extent of a new settlement boundary for Tiptree; (ii) Identify specific sites of sufficient scale to achieve the delivery of a minimum of 600 dwellings, supported by an appropriate s.106 package; (iii) Set out any associated policies needed to support this housing delivery i.e. housing mix, type of housing and density for each site allocated for housing; (iv) Set out the policy framework to guide the delivery of any infrastructure/community facilities required to support the development; (V) Consider strategic cross boundary issues e.g. A12 junction improvements (vI) Identify other allocations in the Parish, including employment and open space.

Proposals for development outside of the identified broad areas and the settlement boundary for growth will not be supported. This policy should be read in conjunction with the generic Neighbourhood Planning policy SG8, policy SG3 and policies in the Tiptree Neighbourhood Plan, once it has been adopted.

Policy SS14 Inset Map (Broad Areas of Growth)

SUPPORT

2.17 The identification of land at Maldon Road, Tiptree as a broad area of growth is supported. This area of the settlement benefits from a lack of physical constraints that would prohibit the development of homes. It is not subject to any environmental, ecological or heritage designations that would restrict development.

2.18 The direction of growth to the south western boundary of the village provides an opportunity to deliver new homes in a location where the strategic highway network is easily accessible. Development within this location may also provide the opportunity to contribute towards a strategy to provide better north-south links to the west of the village.

2.19 The factors that render the area in which this site sits as a suitable and sustainable broad area of growth (as per Policy SS14 and the accompanying Policy Map) all apply directly to this site, and this site is ideally placed to be able to realise potential benefits of development in this location.

2.20 This site is being actively promoted by an established house-builder with an excellent track record of delivery high-quality homes in the area, and can be brought forward to help met housing need in the short/medium term.

2.21 Further, the site is in single land ownership and can come forward early in the plan period.

2.22 We enclose the Concept Statement submitted to Tiptree Parish Council’s Neighbourhood Plan Call for Sites process at Appendix 2 for information and inclusion as part of these representations.

Appendices

Appendix 1 Site Location Plan

Land at Maldon Road, Tiptree (1:5000)

Ordnance Survey © Crown Copyright 2016. All rights reserved. Licence number 100022432. Plotted Scale - 1:5000 Appendix 2 Concept Statement July 2017 (Tiptree Neighbourhood Plan Representations)

Tiptree Neighbourhood Plan Land at Maldon Road, Tiptree Prepared on behalf of Bloor Homes

Site boundary: 10.11ha Existing public footpath Location of sustainable drainage (SuDS) features Development area Existing bus stops and main roads Children’s play area Vehicular access point Pick up/drop off point to Pedestrian and cycle links service Tiptree Heath Primary Main street through the School development Existing vegetation Pedestrian/cycle link and Secondary streets Amenity open space (including emergency access point new landscaping and tree Recreational routes planting) Existing nearby local facilities INTRODUCTION

This concept statement has been prepared to support the Tiptree Neighbourhood Plan Call for Site process and provide details on the site at Maldon Road, Tiptree.

Bloor Homes has been working to support the residential allocation of land at Maldon Road, Tiptree, through the Neighbourhood Plan process. As detailed in the emerging Colchester Local Plan, which plans for 600 homes within the planned period of 2017 to 2033, the site is identified as a broad location for growth.

This submission considers the planning merit of the site, and provides additional details about the wider community benefits. The Site is suitable, sustainable and achievable, and provides an important opportunity for residential development to help address housing needs, alongside significant environmental and safety improvements to the surrounding environment. The development of the site would embrace ‘garden village’ principles and provide a range of benefits for the community of Tiptree.

This statement has been structured to provide additional detail on the information requested on the ‘call for sites’ form and is accompanied by the completed form. Preliminary technical drawings and studies are also being undertaken and can be made available, if required, to assist the Neighbourhood Plan group’s analysis and evidence base.

TIPTREE PROVIDES ESSENTIAL SERVICES AND “ FACILITIES TO THE RURAL NEIGHBOURHOOD ” Tiptree – A sustainable settlement

Tiptree is identified as a sustainable settlement within the Settlement Hierarchy set out in the emerging publication version of the Colchester Local Plan and as a Key District Settlement within the existing adopted Local Plan. As a Key District Settlement, Tiptree provides essential services and facilities to the rural neighbourhood, and is considered an appropriate location for housing growth to meet future needs.

The village is served by a broad range of local facilities including: 4 primary schools, 1 secondary school and sixth form centre, a number of restaurants and public houses, a range of local shops, a medical centre and recreational premises. The site at Maldon Road is well- located, providing access to such services and facilities.

Land at Maldon Road

The site adjacent to the existing defined Tiptree Settlement Boundary and measures a total of approximately 10 hectares. Currently, the land is in agricultural use. The development of the site would constitute a natural extension to Tiptree. The site’s topography is relatively flat and does not form a barrier to development. The site is well-defined and bounded by hedgerows and trees. A bus stop is located at the southern boundary of the site, providing services to and from Colchester.

Call for Sites

The site has previously been submitted to the Colchester Borough Council Call For Sites process and included as part of the Colchester Borough Council Strategic Land Availability Assessment (SLAA). The site, TIP01, was listed using a traffic light system based on its suitability, availability and achievability, and defined this site as ‘green’ for development potential. The Sustainability Appraisal (SA) confirmed that as the site is located within Tiptree, any allocation would need to be progressed through the Tiptree Neighbourhood Plan. Updated information on the site is therefore provided as part of this submission.

Proposals for 600 homes within Tiptree over the plan period 2017 to 2033 ENVIRONMENTAL ENHANCEMENTS & COMMUNITY BENEFITS

The proposals for a sustainable and deliverable development at Maldon Road will provide for a number of positive community outcomes:

High quality Landscaping design & & public masterplanning open space

Linkages Approximately through new 250 homes landscaping to meet local to the wider £ needs, including countryside affordable homes

Potential to Pedestrian provide better crossing A and safer access improvements B C to the primary to Maldon Road school and better parents’ drop-off provision SUSTAINABILITY & DELIVERY

Demonstrating that identified sites are sustainable and deliverable will of course be an important part of the Neighbourhood Plan process. A summary is provided below of the key technical information that may assist in the Neighbourhood Plan group’s analysis of sites.

Access Public transport

The site fronts the B1022 Maldon Road. A A number of existing bus routes travel through, technical assessment on vehicle, pedestrian and or stop in the centre of Tiptree. Services are cycle access, and public transport provision for available to locations in the immediate area and the proposed development has been prepared by farther afield to; Chelmsford, Maldon, Kelvedon, Transport Planning Associates (TPA). Vehicular Witham, and Colchester. Two bus stops are access is proposed from Maldon Road via a located opposite the development site and priority-controlled junction. adjacent to Tiptree Heath Primary School. The opportunity exists to work with bus operators to It is proposed that if the site were to be improve frequency, timetables and connections. developed, an appropriate package of alterations Kelvedon station is approximately 4.6 miles to and improvements to Maldon Road would be the north west and provides frequent services agreed with Essex County Council and the to Colchester, London Liverpool Street, Ipswich, local community. Delivery of these highway Clacton-On-Sea and Colchester Town. improvements, including pedestrian safety measures, would take place following the grant of planning permission should this be forthcoming.

The site will benefit from pedestrian and cycle links into Tiptree as well as linkages to the wider footpath network. A National Cycle Route passes through the centre of Tiptree Village. There is an additional cycleway between Grove Road and Elwin Road to the north east of the development APPROPRIATE PACKAGE site. The residential nature of the streets within OF ALTERATIONS AND Tiptree also constitute a safe route for cycling. “ IMPROVEMENTS TO MALDON ROAD WOULD BE AGREED WITH There is potential to provide a shared use footway/ cycleway on Maldon Road across the site frontage, ESSEX COUNTY COUNCIL AND and also provide additional links to existing THE LOCAL COMMUNITY. footpaths. ” SUSTAINABILITY & DELIVERY

Traffic Design

The allocation of the land can bring with it the The intention is to create a small new ability to improve the access to Tiptree Heath neighbourhood with a strong identity and sense Primary School. Pedestrian safety measures can of place: attractive homes in an attractive village be incorporated, enabling new safe crossing setting. Design principles will be guided by points set within an area where road speeds can a masterplan. The site’s location provides an be controlled. opportunity to design an attractive new gateway. New homes will be set within landscaped surroundings. Properly-designed play facilities Open space will be incorporated within areas of open space

Open space is a vitally important part of how residents and visitors enjoy new developments. Utilities Landscaped open spaces distinguish an area and provide a sense of place. At Maldon Road, The location of the site immediately adjoining the existing characteristics of the site can be Maldon Road and existing development at Tiptree incorporated into a masterplan, allowing new allows for good utility connection. green spaces to link with each other and the surrounding countryside The assessment finds that the site should be classifed as grade 3a / 3b

Agricultural Land Classification Ecology

A detailed assessment of the quality of the A Preliminary Ecological Appraisal has been exsiting agricultural land has been carried out. undertaken on the site which confirms the site Prior to carrying out this investigation, the is of limited ecological interest, being dominated land at Maldon Road, Tiptree was classified by by one field under intensive arable cultivation. Natural England in their pre-1988 Agricultural A Great Crested Newt Survey has also been Land Classification Map as ALC Grade 2. undertaken and there was no evidence of However, further assessment has confirmed that Great Crested Newts on site. Enhancements to ‘droughtiness’ on this site is a limiting factor landscape buffers, protection of important trees with moisture availability impacting on the soil’s and important boundary hedgerows can be ability to grow a consistently high yielding crop. delivered as part of a scheme. The assessment finds that the site should be classifed as grade 3a / 3b. The site is therefore of lower quality for continued agricultural use than Flood risk and drainage originally identified by Natural England. Preliminary assessment has demonstrated the site is not located in an area at risk of flooding. Archaeology A sustainable drainage scheme (SUDs) is An archaeological desk-based assessment has proposed which we expect may include been undertaken which has confirmed there are attenuation basins and swales. The proposals will no designated archaeological heritage assets of also provide opportunities to enhance existing national importance on site. Geophysical Survey hedgrows between the proposed development has additionally confirmed that no archaeological site and the watercourse to enable increased features have been identified on site. Trial infiltration, provide filtration of pollutants trenching would be undertaken if required on-site suspended within run-off water, and reduce bank prior to development. erosion.

Landownership

The site is in single ownership and under option SUMMARY to Bloor Homes. The land at Maldon Road, Tiptree Heritage represents a sustainable and deliverable development location The site is not subject to any heritage and one which can provide for designations that may impact on the deliverability of homes at this location. significant community benefit and environmental enhancement. Bloor Homes are committed to working Contamination positively with the Parish Council

The site is currently in agricultural use and has and the community through the not been subject to industrial processes or uses Neighbourhood Plan process. resulting in contamination.

Appendix 3 Completed Written Representations Forms