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Land North of Solent Road, Havant Havant Borough Council Hearing Statement Matter 1 – Legal Compliance Prepared on behalf of Portsmouth Water Email: [email protected] tetratecheurope.com Tetra Tech Limited. Registered in England number: 1959704 Registered Office: 3 Sovereign Square, Sovereign Street, Leeds LS1 4ER VAT No: 431-0326-08. Matter 1 Hearing Statement HBC Examination Document control Document: HBC Local Plan Stage 1 Examinations – Matter 1 Hearing Statement Project: Land North of Solent Road, Havant Client: Portsmouth Water Job Number: 784 – A114230 File Origin: \\SOUTHAMPTON14\Shared\data\2019\HP19088 - A114230 Solent Road - new HQ Building Revision: Date: 16.06.2021 Prepared by Checked by Approved By Justin Packman Chris Lyons Chris Lyons tetratecheurope.com 1 Matter 1 Hearing Statement HBC Examination 1. Introduction 1.1 This statement has been prepared in support of representations made towards the emerging Havant Brough Local Plan on behalf of Portsmouth Water in respect of their site at Land North of Solent Road Havant as identified on the plan attached at Appendix 1. 1.2 The site comprises undeveloped scrubland, with a small area of hard standing forming a tennis court located towards the eastern edge of the site. Its area measures circa 1.50ha. The site is relatively well enclosed and screened by existing planting, particularly on its northern and southern boundaries and is located in a highly sustainable with excellent access to facilities and services due to its central location in Havant, and its proximity to public transport and the strategic road network. 1.3 Tetra Tech Planning (formerly WYG) have previously made representations in response to the Regulation 19 Havant Local Plan 2036 in December 2020 and March 2019. 1.4 This Hearing Statement sets out our Client’s position in relation to Matter 1 of the examination in relation to Legal Compliance. 1.5 In relation to Matter 1, we do not consider the submitted local plan meets the Legal Requirements for plan making and, as presently drafted, is no considered sound. 1.6 Specifically we consider that the plan fails to meet matter 1.3 as set out in the Schedule of Matters and Issues for the Examination (Stage 1 Hearings), specifically the Plan’s formulation has not: ‘…been based on a sound process of SA in accordance with the regulations and relevant guidance, including the testing and/or consideration of reasonable alternatives for all policies in the Plan’ 1.7 This statement contains details of: • Those parts of the plan are considered not sound; • The soundness test the plan fails and why, and • What changes are required to make the plan sound. tetratecheurope.com 1 Matter 1 Hearing Statement HBC Examination 1.8 This statement should be read alongside the previously submitted Regulation 19 submissions which will be expanded upon verbally at the relevant hearing sessions. tetratecheurope.com 2 Matter 1 Hearing Statement HBC Examination 2. Sustainability Appraisal 2.1 Our client’s representations relate to employment elements of Policy DR1 (Delivering Sustainable Development in Havant Borough), Paragraphs 2.43 – 2.54 and Table 3. 2.2 The plan is considered not sound because it fails to meet test ‘b’ as set out in paragraph 35 of the National Planning Policy Framework. Test ‘b’ requires plans to be: ‘b) Justified – an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence’ 2.3 In this instance the Policy is not justified for two reasons. 1 - Havant Borough Council (HBC) have failed to allocate additional employment land despite being presented with overwhelming evidence relating to the need for significant more housing numbers which in turn results in the need for more employment land to provide jobs for those residents; 2 – The exclusion of our client’s site at Solent Road from the employment allocations within the plan despite being presented with robust evidence relating to the site’s suitability. 1. Need for additional employment land 2.4 Evidence presented elsewhere (including that presented by Portsmouth Water) clearly indicates that the draft Local plan substantially underprovides for the future housing needs of the borough. As new housing development has a significant bearing on employment land requirements, HBCs shortfall in housing land suggests a similar shortfall in employment land. Even if HBC were not to fully accept the housing evidence provided, additional employment land should be allocated to provide added flexibility1 to enable HBC to react to changes in employment requirements during the plan period. 1 NPPF para.s 11 (a) and 81 (d) tetratecheurope.com 3 Matter 1 Hearing Statement HBC Examination 2. Suitability of site for new Development 2.5 The exclusion of the site appears to stem from the Council’s Strategic Flood Risk Assessment (SFRA) from November 2018, which dismissed the allocation of the site due to its failure to meet the sequential test for Flood Risk. 2.6 The conclusion reached within the SFRA was that: ‘The EA have indicated that the key issue on this site is the offsite implications of flooding from development of the site i.e. floodplain compensation. Previous work has given confidence that an employment use can be safely delivered. On that basis, there is a prospect of safe delivery, although a detailed assessment of this would be required at application stage, in particular in relation to flood storage compensation, so any allocation policy would need to be heavily caveated with assessment requirements.’ 2.7 The site had been previously allocated for a new Headquarters building for Portsmouth Water (Site BD14 Adopted Allocations Plan 2014) and had passed the sequential test for operational reasons as there were no other reasonable alternative sites suitable for Portsmouth Water’s needs. 2.8 Whilst during the period following allocation Portsmouth Water had considered other sites, this did not in itself provide a justification for removing the employment allocation from the site. As stated in our previous representations EA flood advice on the sequential test clearly does not require the sequential test to be carried out again for developments of the same type. 2.9 Notwithstanding this Portsmouth Water are now fully committed to relocating to Solent Road and the Council are fully aware of this and were involved in a public meeting with Portsmouth Water about the new site. Tetra Tech Planning have recently submitted an application to HBC on behalf of Chancerygate who are pursuing the development of the site tetratecheurope.com 4 Matter 1 Hearing Statement HBC Examination for Portsmouth Water. The proposal is for: ‘Proposed Portsmouth Water HQ (E(g)(i) and new employment (b2/B8/E(g)(iii) floorspace and associated access, landscaping and works at land north of Solent Road.’ 2.10 The application has been registered under reference APP/21/00601. 2.11 Submitted with the planning application is a comprehensive Flood Risk Assessment (FRA) prepared by I & L Consulting (April 2021). A copy of the FRA is attached as Appendix 2. 2.12 The submitted FRA confirms that Portsmouth Water are ‘undertaking flood alleviation works to the adjoining watercourse. This work is being undertaken under Environmental Permit licence number EPR/PB3294JJ. The works are underway and when completed the site will remain flood free during the 1 in 100 year plus climate change scenario. This flood alleviation works will therefore satisfy the concerns raised in the SFRA and therefore the proposed commercial use for the site is acceptable.’ 2.13 With the works completed the site will be located in Flood Zone 1 and therefore will be a sequentially preferable site, suitable for the proposed scheme currently at application stage. Changes required to the plan 2.14 In order to make the emerging Local Plan sound, land north of Solent Road should be reinstated as an employment allocation. It was incorrect to remove the site in the first instance as the sequential test had already been passed on the site but now the Council is aware that Portsmouth Water are still intending to locate their headquarters on the site and the planning application demonstrates this is achievable in flood terms. This would be the most appropriate strategy for the site based on the evidence submitted about flood risk, and the steps being taken to mitigate that risk. tetratecheurope.com 5 Matter 1 Hearing Statement HBC Examination 3. Summary and Conclusions 3.1 This statement demonstrates that the plan, as currently drafted has not been based on a sound process of Sustainability Appraisal with the conclusions reached in the SFRA being ill informed. Evidence has been submitted (now and through earlier representations) to demonstrate that the conclusions reached relating to flood risk at Solent Road were incorrect. Work is being undertaken to mitigate flood risk at the site, placing the site into Flood Zone 1 and making it sequentially preferable in terms of flood risk. 3.2 Given the above, reinstating the employment allocation at Solent Road would now be entirely justified and represents the most appropriate strategy in terms of the allocation of employment land, by both allowing a major local employer to relocate their headquarters within the Borough and deliver additional employment floorspace to retain flexibility within the spatial strategy throughout the plan period. tetratecheurope.com 6 Matter 1 Hearing Statement HBC Examination Appendix 1 Location Plan for Land North of Solent Road www.wyg.com creative minds safe hands NOTES Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office, © Crown Copyright. C A Cornish & Associates Ltd Licence no LIG0908. Subject to Statutory Approvals. Portsmouth Water 7.3m 5 The Wendy N House 7 6.1m Brockhampton Springs Water Water Issues 6 Tank D 9 A O R Rev Description Chk Date N The Old O T Manor House m P a M e r A Peer House t H S K Tennis Courts 8 -14 Verulam Street C n o O t London WC1X 8LZ R p B m a h k c tel +44(0)20 7400 2120 o r B SITE [email protected] 1 t o 6 architects 7 t www.cornisharchitects.com o 1 0 Manor Court 1 1 t o cornish 1 6 4 1 Project Title.
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