Forward Plan reference number: FFP/059/01/18 Report title: Rochford District New Local Plan – Regulation 18 Issues and Options Consultation Document, December 2017 Report author: Dominic Collins, Director for Economic Growth and Localities Date: 1 March 2018 For: Decision Enquiries to: Lesley Stenhouse, Principal Spatial Planner lesley.stenhouse@essex..gov.uk , 0333 013 6826 County Divisions affected: All Divisions within Rochford District and those divisions located within Castle Point Borough, Basildon Borough, Maldon District and Chelmsford City that adjoin Rochford District.

1. Purpose of Report

1.1 To approve the proposed Essex County Council (ECC) formal response to the Rochford District New Local Plan Regulation 18 Issues and Options Consultation Document, December 2017 (the Issues and Options Report).

2. Recommendations

2.1 To agree to send to Rochford District Council (RDC) the response in Appendix 1 regarding the Local Plan Regulation 18 Issues and Options Consultation Document, December 2017.

2.2. To agree that ECC will continue to work with RDC through the duty to cooperate to refine and progress the Issues and Options document (2017) and the supporting evidence base towards a Preferred Options document that clearly addresses ECC’s representations, to refine and progress the evidence base to clearly address ECC’s representations and ensure ECC is able to assist in the delivery of its key services and the provision of new infrastructure arising from the planned growth.

3. Summary of issues

Background – Local Plan preparation and context

3.1 RDC has commenced the preparation of a new Local Plan to replace the current suite of Adopted Local Plans, which go up to 2025 and has published a Regulation 18 Local Plan Issues and Options Report for public consultation (13 December 2017 to 7 March 2018 inclusive).

3.2 The aim of this consultation is to give the opportunity to comment on how the new Local Plan is being prepared and to ensure that RDC is aware of all possible issues and policy options before they proceed to the next stage of plan preparation and consultation. The next stage known as the ‘Preferred Options’ stage (a further regulation 18 plan) is intended to be published Winter 2018/Spring 2019. This will be followed by a further period of preparation and consultation of the Regulation 19 draft local plan, known as the ‘Pre-Submission’ or ‘Publication Version’ due in Winter 2019/Spring 2020. The plan is expected to

1 be submitted to the Government in Summer 2020 for public examination and subsequent adoption in Spring/Summer 2021.

3.3 The Issues and Options consultation follows a programme of early community engagement in summer/autumn 2016 with Parish level workshops, surveys and calls for sites.

3.4 The Issues and Options Report is supported by evidence including: a Sustainability Appraisal / Strategic Environmental Assessment; Topic Papers concerning Economic Development; and Infrastructure Delivery; A Technical Transport Baseline Report; Strategic Housing Market Assessment and Economic Development Needs Assessment and Environmental Capacity Study. A series of new / additional evidence is to be prepared as the Local Plan progresses.

Issues and Options Report (this consultation)

3.5 The Issues and Options Report seeks views on a draft vision, building on five challenges identified for the District, on how to plan for growth in the future, particularly beyond the current plan period of 2025, to 2037; and how to deliver the necessary infrastructure to support this, over a 20 year plan period (2017- 2037). Although different themes are considered, there are no spatial options or specific sites identified at this stage; more detailed planning policies with a spatial dimension (including sites) will evolve as preparation of the new Local Plan progresses.

3.6 The Issues and Options Report makes it clear that this is the initial stage of considering the approaches in principle and that it is open to suggestions from all respondents on how the Local Plan can be revised to meet the needs of a growing population, changing social and economic circumstances, and evolving national policies.

3.7 This is the first stage is preparing a new Local Plan for RDC and the ECC response therefore identifies where we support emerging proposals, and where we would like to recommend the need for further work and refinement before proposals are presented in the next iteration of the Draft Local Plan. This Councils response identifies where ECC can assist RDC in progressing the evidence base to ensure the comments and issues raised are addressed and the preparation of the Local Plan is sound.

Content of the Draft Plan

3.8 Sections 1- 2 “Introduction and Tell us Your Views” provides an overview of the current adopted local plans, the strategic context, including the high level national policy, the legal guidelines for the Local Plan, and local level policy, for instance the Neighbourhood Plans.

3.9 Sections 3-4 “Our Characteristics and Our spatial Challenges” highlight the district profile providing an overview of Rochford’s characteristics, outlining the emerging main issues and challenges and the environmental, economic and social ambitions for the District, and relationship with South Essex and how they function, as well as further afield for the Draft Local Plan up to 2037.

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3.10 Section 5 “Our Vision and Objectives” outlines the emerging main issues and challenges identified in Sections 3-4, to create a high level draft vision for a sense of the place where RDC wants to be by 2037. This includes the emerging vision, strategic priorities and objectives.

3.11 The emerging vision: “is to be a green and pleasant place with a focus on business and high quality homes supported by accessible and responsive services and facilities, creating healthy and sustainable communities.”

3.12 Overall RDC is seeking to demonstrate the importance of working together for the well-being of the community and to protect and enhance the character of the District by 2037. This is supported by key themes to be delivered over the next 20 years covering the economy, environment and society. Each theme captures a wide range of issues and opportunities to be delivered which RDC considers to be aspirational, yet realistic.

3.13 To assist in the delivery of the Vision (and the three themes), the Issues and Options Report sets out 5 Strategic Priorities and 22 Strategic Objectives; which complement the four main priorities within the RDC Business Plan for 2016.

3.14 The 5 strategic priorities identified are as follows:

Strategic Priority 1 The homes and jobs needed in the area Strategic Priority 2 The provision of retail, leisure and other commercial development Strategic Priority 3 The provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk, coastal change management and the provision on minerals and energy (including heat) Strategic Priority 4 The provision of health, security, community and cultural infrastructure and other local facilities Strategic Priority 5 Climate change mitigation and adaption, conservation and enhancement of the natural and historic environment, including landscape

3.15 These Strategic Priorities form the basis of the Issues and Options set out in Sections 6 – 11 and views are sought on the potential options identified to inform the preparation of the Local Plan. The options are thematic and primarily concern the whether to retain, amend or removed the existing local plan policies based on the latest evidence and national policy.

3.16 Section 6 Delivering Homes and Jobs, explores Strategic Priority (SP) 1 which is presented in two parts, with 7 issues and options for delivering homes and 3 issues and options for the delivery of economic growth and Jobs.

3.17 Key themes and topics from the Issues and Options Report of relevance to ECC are set out below.

3 Need for Market, Affordable and Specialist Homes

3.18 Overall there is a need to deliver between 7,181 – 7,871 new homes (2017- 2037), based upon the latest Objectively Assessed Housing Need evidence (OAN), within the South Essex Strategic Housing Market Assessment 2017. A range of aspects are considered on how this need could be approached within the District (subject to environmental capacity). This includes the need to engage with neighbouring authorities regarding unmet housing need, and how to define the appropriate approach to housing mix of market, affordable and specialist homes (including specific reference to ECC’s Independent Living Units for older people and adults with disabilities).

Care Homes

3.19 This recognises the need for other potential provision (in addition to the Independent Living programme) and seeks to identify necessary requirements.

Delivering Homes

3.20 This explores how to spatially plan for new homes and to facilitate delivery, having regard to the current settlement hierarchy and quantity of growth. This is a thematic option only focussing on the nature and scale of new developments, with no spatial dimension. The options identified include:

A. Increasing density within the existing residential area – which would require an amendment to RDC’s current density policy B. Increasing density on allocated residential sites C. Several small extensions to the existing residential area D. A number of fewer larger extensions to the existing residential area E. A new settlement

3.21 There are three further housing themes covering the need for a Good Mix of Homes; provision for Gypsy, Travellers and Travelling Showpeople; and consideration of a policy for Houseboats and Liveaboards.

3.22 The section then explores the needs for and delivery of jobs and economic growth and how to support businesses and the economy within the context and role of the District including its relationship with Southend, South Essex, Essex and London. The evidence suggests there is need for 1,242 new jobs and 16 hectares of new employment land (2017-2037); that there is a high entrepreneurial culture in the District, with high demand for “Grow on Space” premises and a range of employment and economic growth opportunities including the importance of London Southend Airport and Business Parks to the local and wider economy. The emphasis is on meeting business needs, the need for jobs, London Southend Airport and supporting rural diversification.

Meeting Business Needs and Jobs

3.23 This explores the options to support employment and economic growth in the district including new employment land allocations; reviewing existing allocations; supporting new businesses at each stage of their lifecycle – in particular to reflect

4 the need for grow-on space; supporting tourism and including rural diversification; updating reference to broadband; and including specific reference to supporting sustainable travel options and promoting highways improvements to improve accessibility and connectivity.

London Southend Airport

3.24 The importance of London Southend Airport is discussed and the need for clear policies to maintain its function and strategic importance to the economy, including policies that support surface access improvements in and around the Airport.

3.25 Section 7, Supporting Commercial Development, explores Strategic Priority 2 and the need to consider where people will shop in the future for a range of goods and leisure services; maintaining access to service centres and their future growth and survival; and to support the District’s local economy in respect of retail, leisure and commercial development, and considers the need to retain or amend the existing Area Action Polices for town centres of Rayleigh, Rochford and Hockley.

3.26 Section 8, Delivering Infrastructure, explores Strategic Priority 3 and the need for investment to deliver improvements to infrastructure and utility services (including those which are the responsibility of ECC) which are used daily, and requirements to meet the future needs of residents, businesses and visitors. Themes explored include Highways, Sustainable Travel, Communications, Water and Flood management, Utility Services, Renewable Energy and Planning Obligations and Standard Charges to deliver the infrastructure to support new homes and jobs.

3.27 The emphasis on Highway Infrastructure is placed on how to prioritise and deliver improvements to the local and strategic highway network, bearing in mind the importance of the A127 to the economy; and on Sustainable travel and the need to improve travel choices.

3.28 The focus on Communications Infrastructure is to support, deliver, and secure infrastructure improvements including broadband. Water and Flood Management explores the policy approaches to minimise flood risk and the requirements for new developments. Renewable Energy explores the options for supporting provision within the District. The approach to Planning Obligations and Standard Charges considers the delivery of infrastructure; and whether to retain/amend the existing policy, or to have no policy on planning obligations and standard charges.

3.29 Section 9, Supporting Health, Community and Culture explores Strategic Priority 4, and captures a range of options related to ECC services, including; public health, community facilities (including youth services), early years and childcare, education and skills. The options explore how to support and deliver existing and new facilities, including the need to allocate land for specific uses, and whether to retain/amend the existing polices and the whether there is a need for a policy to cover that theme.

5 3.30 Section 10 Protecting and enhancing our Environment explores Strategic Priority 5 and concerns the natural and historic environmental characteristics of the district with options to preserve and/or enhance these characteristics. The themes include: Green Belt; Biodiversity, Geology and Green Infrastructure; Wallasea Island and the RSPB Wild Coast Project; Landscape Character; Heritage and Culture; Good Design and Building Efficiency; and Air Quality.

3.31 Section 11 Detailed Policy Considerations explores fifteen “non-strategic” detailed planning policies, and whether they are still required, or should be updated or deleted. The detailed policies include housing extensions within the Green Belt, Self-Build homes, Mix of Affordable Housing; Parking Standards and Traffic Management; and Home Businesses.

3.32 The Issues and Options Paper is supported by a Sustainability Appraisal, as required in the preparation of a Local Plan.

Policy objectives

3.33 ECC aims to ensure that local policies and related strategies provide the greatest benefit to deliver a buoyant economy for the existing and future population that lives, works, visits and invests in Essex. As a result ECC is keen to understand, inform, support and help refine the formulation of the development strategy and policies delivered by Local Planning Authorities. Involvement is necessary and beneficial because of ECC’s roles as:

a. a key partner within Greater Essex, the Association of South Essex Local Authorities (ASELA), and Opportunity South Essex Partnership (OSE), promoting economic development, regeneration, infrastructure delivery and new development throughout the County; b. major provider and commissioner of a wide range of local government services throughout the county; c. the highway and transport authority, including responsibility for the delivery of the Essex Local Transport Plan; Local Education Authority including early years and childcare Special Education Needs and Post 16 education; Minerals and Waste Planning Authority; Lead Local Flood Authority; lead advisors on public health; and adult social care in relation to the securing the right housing mix which takes account of the housing needs of older people and adults with disabilities, and; d. as infrastructure funding partner, that seeks to ensure that the development allocations proposed are realistic and do not place an unnecessary (or unacceptable) cost burden on the public purse, and specifically ECC’s Capital Programme.

3.34 ECC’s response will ensure the following ECC policy objectives are reflected in RDC’s emerging Draft Plan:

 Essex Vision and Priorities 2017/21  Essex Organisation Strategy, 2017 – 2021  Economic Plan for Essex (2014)  Children in Essex get the best start in life 2014-2018.  People in Essex enjoy good health and wellbeing 2014-2018

6  People in Essex have aspirations and achieve their ambitions through education, training and life-long learning 2014-2018  People in Essex can live independently and exercise choice and control over their lives 2014-2018.  Essex Transport Strategy, the Local Transport Plan for Essex (June 2011)  ECC’s Passenger Transport Strategy – Getting Around In Essex 2015.  A127 Corridor for Growth - An Economic Plan 2014  Essex Children and Young People's Strategic Plan 2016 Onwards (2016)  Essex Early Years and Childcare Strategy 2015-2018  Commissioning school places in Essex 2017-2022  Essex County Council Local and Neighbourhood Planners’ Guide to School Organisation  ECC Independent-Living-Programme-Position-Statement October 2016  ECC Developers’ Guide to Infrastructure Contributions (2016)  Essex Minerals Local Plan Adopted 2014  Essex and Southend-on-Sea Waste Local Plan Adopted 2017  ECC Sustainable Urban Drainage Design Guide 2016  Greater Essex Growth & Infrastructure Framework (2016)  Superfast Essex Broadband  Revised Essex Design Guide 2018  EPOA Health Impact Assessments

4. Options

4.1 The full proposed ECC response to the Issues and Options Report is set out in Appendix 1 to this report and summarised below. As this is a thematic “Issues and Options” consultation only, there are no draft policies, draft proposals, key diagram or a proposals map. The ECC response therefore identifies where we support emerging proposals / options and where we would like to see further thought and refinement before proposals are presented at the next stage, the Preferred Options. The response also identifies where ECC can assist RDC and the South Essex Authorities in progressing the evidence base to ensure ECC comments are addressed and the preparation of the draft Local Plan is sound.

4.2 It should also be noted that ECC will continue to work with the RDC as the ‘Preferred Options’ version of the draft Local Plan is prepared.

4.3 The key issues for ECC are listed below.

4.4 Duty to Co-operate. In accordance with provisions of the Localism Act 2011, ECC will contribute cooperatively with RDC in the preparation of the new Local Plan. This will primarily cover an assessment of the impact on the transport and highway network (as Local Highway Authority), the need to ensure additional school places (as Education Authority), consideration of surface water management (as Lead Local Flood Authority), and links to minerals and waste planning (as Minerals and Waste Planning Authority); as well as advice on Public Health as the lead advisor.

ECC notes that the Issues and Options consultation is primarily thematic and does not present options covering spatial proposals or site allocations. In moving

7 forward the focus will need to be on the further assessment of the spatial options and the emerging spatial strategy, which will vary according to the location, nature and mix of new developments being considered. ECC wish to be proactively engaged with the assessment of the spatial options and site allocations, given the importance of infrastructure provision and funding to the draft Plan, which will vary for each spatial option and site allocations, given their respective individual and cumulative infrastructure requirements, generating their own individual and cumulative impacts and opportunities on the delivery of ECC service areas. This will be essential to enable ECC to continue to inform and identify the issues and opportunities for ECC services, to ensure the Local Plan is deliverable, in accordance with the tests of Soundness, and that the right infrastructure is in place at the right time.

A particular focus will be the impacts of any proposed new large urban extensions or new settlements to assist RDC determine an appropriate strategy if those options progress as part of its preferred growth and development strategy.

It is recommended that ECC continue to contribute co-operatively with RDC through the wider collective South Essex arrangements, to address cross boundary strategic planning and infrastructure matters, through the following bodies, the Association of South Essex Local Authorities (ASELA), and the emerging South Essex 2050 Ambition associated work streams and preparation of a South Essex Joint Strategic/Spatial Plan (JSP); and through the South Essex Transport Board and the Opportunity South Essex Partnership (OSE). With the exception of the formation of ASELA and the preparation of a JSP, the majority of the issues and options identified have regard to this wider engagement.

4.5 Housing provision. It is recommended that ECC acknowledges RDC is seeking to meet housing needs in full over the plan period. However, ECC acknowledges highway and transportation constraints, and in its role as Local Highway Authority will provide the necessary assessments to determine impacts (including cross boundary impacts) and mitigation measures, as RDC seeks to adopt a preferred growth and development strategy. The new Local Plan should also emphasise the need to provide infrastructure (secured through developer funding) as part of any new housing proposals. ECC welcomes the importance and consideration given to the provision of adult social care and extra care (encompassing aged and vulnerable people), within ECC’s Independent Living programmes.

4.6 Infrastructure Provision and Funding. It is recommended that ECC agrees that infrastructure is critical to support sustainable growth and will be critical for making sure RDC has the right infrastructure, at the right time, to accommodate the new jobs and homes needed in the future. We welcome the acknowledgement of ECC’s role in the provision of Local and Strategic infrastructure. Further comments are provided on the spatial strategy and on the implications for ECC services and infrastructure, ranging from large urban extensions to less growth at settlements lower in the settlement hierarchy.

ECC will take a pro-active position to engage with RDC to ensure the delivery of new homes and employment is at the right location and of an appropriate scale to identify and deliver the necessary level of infrastructure investment, as part of a viable and deliverable plan. ECC seeks clarification on the size of residential

8 sites / extensions being considered when compared to large residential urban extensions / new settlements.

ECC wishes to explore and understand the potential implications of the nature and scale of developments on financial contributions, given the pooling of contributions under the CIL Regulations and hence potential viability and delivery issues which will be very different for each of the spatial options being considered. As outlined in 4.6 above, the new Local Plan should emphasise the need to provide infrastructure (secured through developer funding) as part of any new development proposals, to ensure the new plan is both viable and deliverable. Given the importance of infrastructure provision and funding for the new Local Plan, ECC wishes to work with RDC to ensure the necessary infrastructure funding (including all funding streams) and delivery evidence is fully considered as part of the assessment of all the spatial options. This is to ensure the preferred strategy is viable, deliverable and sound.

4.7 Transport and Highways. It is recommended that ECC will work with RDC (in consultation with Southend-on-Sea BC and the South Essex authorities) to enable further transport and highway impact assessments to be undertaken to inform the preparation of the RDC Local Plan and in accordance with the ASELA workstreams and JSP. There is overall support for proposals promoting the importance and need for improvements to the A127 Strategic Road Network, however greater emphasis should be placed on the role and importance of sustainable travel as part of a long term integrated transport solution, including walking, cycling, bus and rail. Adequate transport and highway provision will need to be evidenced including transparency of funding, viability and deliverability to unlock sustainable growth in new homes and employment, at a scale necessary to bring forward the level of investment needed to provide significant improvement to the highway and transport infrastructure.

In respect of the A127/A130 Fairglen Interchange, ECC would not support any new development and employment allocations (beyond the current adopted Local Plan employment allocations) until the proposed long term transport scheme for the junction is implemented. ECC supports the need for a range of highways and sustainable transport improvements to existing employment areas including, London Southend Airport and the airport business park and will continue to seek funding through bids to Central Government, SELEP and S106 contributions.

4.8 Sustainable transport. It is recommended that greater emphasis is placed on sustainable transport including passenger transport as part of a wider sustainable growth strategy to underpin future development opportunities and to ensure an integrated transport package of solutions are developed for the District and in respect of its relationship and connectivity to Southend, South Essex, Essex and London.

4.9 Minerals and Waste Planning. It is recommended that ECC engage with RDC in the site assessment process to ensure new allocations appropriately address the minerals and waste safeguarding policy requirements within the Adopted Essex Minerals and Waste Local Plans. ECC wishes to draw attention to the dual requirements in these Local Plans concerning minerals and waste safeguarding,

9 operations, sustainable use of minerals in construction, and location of waste management uses within employment areas.

4.10 Flood and Water Management. It is recommended that ECC engage with RDC to provide points of clarification and to ensure the most up to date evidence is used to underpin the preparation of the Local Plan, including the strategic and site assessments. This will include reference to the Environment Agency’s revised climate change allowances and the subsequent revisions to the South Essex Surface Water Management Plans, due to be published in 2018.

4.11 Economic Growth. It is recommended that ECC welcomes proposals to ensure the protection and provision of suitable employment land and appropriate uses within the District, with the pre-eminent importance of London Southend Airport to the economy, whilst seeking opportunities for rural diversification, tourism, retail, leisure and town centres, to meet the life cycle needs of business including “Grow on Space” and development of skills and training opportunities.

ECC welcomes and supports the importance and economic role of London Southend Airport as international gateway and the A127 corridor and London- Southend Victoria railway line for connectivity with South Essex, the rest of Essex and London. ECC support the provision for Grow on Space within the Draft Plan.

A key priority will be to enable investment in infrastructure and economic growth, including, for example, the A127 including passenger transport, ultrafast broadband as well as developing options to support the alignment of skill provision to meet the local needs, which are reflected in the Economic Plan for Essex (2014), and the National Industrial Strategy. The provision of jobs and infrastructure to support economic growth will be essential, including the need to provide social, physical and green infrastructure, and are also being explored by ASELA through the Industrial Strategy workstream and the JSP.

4.12 Superfast Broadband It is recommended that broadband references are updated to “ultrafast broadband” to promote the Government’s next broadband programme; and that they refer to the BT Open Reach policy for providing FTTP connections on new developments of houses of 30+units, free of charge to the developer https://www.ournetwork.openreach.co.uk/property-developers/site- registration.aspx

4.13 Education. It is recommended that ECC supports the use of ECC Planning School information; and recommend a number of updates to reflect ECC’s change in policy and standards (minimum size of new schools and use of ECC model infrastructure delivery policy). ECC wishes to engage with RDC as the new Local Plan progresses to preferred options stage to enable appropriate “scenario testing” of the preferred options for education requirements.

ECC will continue to work with RDC to ensure education needs are appropriate and adequately assessed as preparation of the new Local Plan continues. ECC will undertake a further assessment of the potential delivery and resource requirements for accommodating anticipated pupil change through “scenario testing” as and when RDC confirms its preferred spatial option for growth and development and the specific sites.

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In respect of Special Education Needs, this should be acknowledged in the new Local Plan, and sites allocated specifically provision for children/young people with Special Educational Needs either within the existing school provision or the wider community. ECC wish to engage with RDC to identify requirements and opportunities.

4.14 Early Years and Childcare. It is recommended that ECC recommend changes to explicitly refer to “Early Years and Childcare provision”. There will be a need to update the EYCC information as plan preparation progresses, taking into account the requirements of the ECC’s Developers Guide to Infrastructure Contributions, which include the locational preferences for EYCC provision.

4.15 Skills. It is recommended that ECC engages with RDC and provides advice and updates, including on the full range of post 16 education and training provision; and on the revisions to the ECC Developers’ Guide to Infrastructure Contributions to include the need for large scale developments to adopt an Employment and Skills Plan; and reference to the new Essex Employment and Skills Board’s 2017-18 evidence base and the seven priority sectors. ECC will work with RDC to identify and promote opportunities for skills and training development to align skills with jobs.

4.16 Public Health. It is recommended that ECC welcomes and is supportive of the links and inclusion of health and well-being throughout the Issues and Options Report; and offers support to assist the preparation of the Local Plan, for example the development of the health and well-being policy, greater involvement with employment opportunities for local residents; support for skills, training, education and employment opportunities; improvements to air quality.

ECC support and welcomes consideration on phasing and release of affordable housing; use and application of the revised Essex Design Guide, including key concepts for inclusive and adaptable housing (eg dementia friendly principles and social cohesion); housing mix, provision for older people (including care homes) and active design principles including active and sustainable travel principles.

ECC recommend use and reference to the revised Essex Design Guide within the new Local Plan design policies and the supporting text. ECC will engage and work with RDC to provide support and advice in respect of the Health and Well-being policy; policies on “fast food” outlets; Education, Skills and Employment policies and the Good Design policies.

4.17 Independent Living. It is recommended that ECC support the general approach and inclusion of and reference to ECC’s Independent Living Programme for Older People and Adults with Disabilities.

4.18 Environment (natural, built and historic). It is recommended that ECC welcomes the broad approaches to protect and enhance the environment, but recommends a more holistic approach and links to the wider objectives of promoting growth and healthy communities, which can be provided through the natural environment, be it green infrastructure for climate change mitigation and

11 adaption, building design and efficiency, creation and accessibility to open spaces, green spaces (including greenways and green corridors). ECC wishes to explore these opportunities and cross benefits further with RDC as incorporated within the revised Essex Design Guide (2018) and to ensure the biodiversity and geodiversity evidence base is up to date and consistent with the NPPF.

In respect of the historic environment, further consideration and assessment is required on conservation areas and listed buildings and the archaeological and historic records of designated and non- designated sites. ECC welcome the opportunity to explore this further with RDC to ensure the evidence base is up to date and consistent with the NPPF.

ECC considers the SA to be a good example of an initial Regulation 18 ‘Issues and Options’ appraisal, exploring the sustainability considerations of a wide range of strategic options and assessing them to the same level of detail. However, ECC recommends that a number of the options within the SA/SEA are expanded to reflect the ranges in the Issues and Options consultation Report.

4.19 General comments. A range of general comments to support consistency and clarity are provided for the consideration of RDC in the preparation of the new Local Plan.

5. Issues for consideration

5.1 Financial implications:

5.1 There are no direct financial implications in respect of ECC’s response to the consultation.

Legal implications:

5.2 The duty to co-operate is contained in the Planning and Compulsory Purchase Act 2004 as amended by the Localism Act 2011. It requires Local Planning Authorities to ensure that local planning lead strategic planning effectively through their Local Plans addressing social, environmental and economic issues that can only be addressed by effectively working with other authorities beyond their own administrative boundaries.

5.3 Guidance issued on 6 March 2014 stresses that close cooperation between District Councils and County Councils in two tier areas will be critical to ensure that both tiers are effective when planning for strategic matters.

5.4 Although a Local Plan may be found unsound on Examination if the duty to co- operate has not been properly undertaken, the duty does not require us to reach agreement. ECC is properly carrying out its functions in submitting comments on specific issues of concern or objection at this stage.

12 6. Equality and Diversity implications

6.1 The Public Sector Equality Duty applies to ECC when it makes decisions. The duty requires us to have regard to the need to: a. Eliminate unlawful discrimination, harassment and victimisation and other behaviour prohibited by the Act. In summary, the Act makes discrimination etc. on the grounds of a protected characteristic unlawful b. Advance equality of opportunity between people who share a protected characteristic and those who do not. c. Foster good relations between people who share a protected characteristic and those who do not including tackling prejudice and promoting understanding.

6.2 The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion or belief, gender, and sexual orientation. The Act states that ‘marriage and civil partnership’ is not a relevant protected characteristic for (b) or (c) although it is relevant for (a).

6.3 RDC has the responsibility for preparing an equality impact assessment for 6.3 Local Plan. The RDC assessment indicates that the proposals in this report will not have a disproportionately adverse impact on any people with a particular characteristic.

7. List of appendices

7.1 Appendix 1 – full ECC response to the Rochford District New Local Plan – Regulation 18 Issues & Options Consultation Document, December 2017.

List of Background papers

7.2 The following documents have been used to inform the ECC response.  National Planning Policy Framework (2012)  National Planning Policy for Waste (2014)  Planning Policy Guidance (2014)  Planning Policy for Traveller Sites  RDC Issues and Options Document  RDC Draft Sustainability Appraisal  RDC Economic Development Needs Topic Paper 2017  RDC Retail and Leisure Needs Topic Paper 2017  RDC Duty to Co-operate Topic Paper 2017  RDC Highways Baseline Technical Note 2017  RDC Gypsy and Traveller Accommodation Assessment 2017  RDC Infrastructure Delivery Topic Paper 2017  ECC Grow-On Space Feasibility Study 2016

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I approve the above recommendations set out above for the 6th March 2018 reasons set out in the report.

Cllr Sue Lissimore, Cabinet Member for Housing, Property and Planning

In consultation with:

Role Date Executive Director for Corporate and Customer Services (S151 Officer) 5th March 2018 Nicole Wood Director for Financial Services on behalf of Margaret Lee Monitoring Officer

Angela Hutchings, Deputy Monitoring Officer, on behalf of 26th February 2018 Paul Turner, Director Legal and Assurance Executive Director, Economy, Localities and Public Health

Graham Thomas Head of Planning Service on behalf of 28th February 2018 Dominic Collins, Director of Economic Growth and Localities

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