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200422 N Somerset 22nd April 2020 160 Aztec Our Ref: BRS.17.9028 Aztec West Bristol Ms Claire Courtois BS32 4UB North Somerset District Council Town Hall T 0117 428 7970 Walliscote Grove Road Weston-super-Mare BS23 1UJ BY EMAIL Dear Ms Courtois Re: North Somerset Local Plan: Pre-Commencement Document (March 2020) I am instructed by my client, The Newcombe Estates Company Limited, to submit representations in response to the North Somerset Local Plan Pre-Commencement Document (PCD) consultation. Paragraph 5 of the PCD explains that this is the notice of intent to prepare a new Local Plan for North Somerset for the period 2023 to 2038. As part of this, the PCD describes the scope, methodology and programme for the plan preparation. In response to the Issues and Options consultation (December 2018) representations were submitted on behalf of the Newcombe Estates Company, in respect of land interests at Portbury, and Long Ashton (further details provided below). Our comments as set are provided to support the District Council in the preparation of the Local Plan and to ensure that the evidence base considers all reasonable alternatives on a fair and equitable basis. Specifically, we are keen to ensure that when preparing the Local Plan the approach to site selection does not conflate matters of sustainability with other designations, such as the Green Belt. Context The 2018 Issues and Options consultation was prepared in the context of the West of England Joint Spatial Plan (JSP), and was required to be consistent with the emerging JSP Spatial Strategy, both in terms of the numerical requirement and the planned distribution of growth over the Plan period. The JSP process has now been abandoned, with the District Council, along with Bath and North East Somerset, South Gloucestershire, and Bristol City councils formally withdrawing the submitted JSP. It is explained at paragraph 3 of the PCD that this provides a ‘fresh start’ for the North Somerset Local Plan and an opportunity to reassess the strategic context and spatial strategy options for the district. Whilst this is true, it is important that the preparation of the Local Plan learns from the shortcomings and failings of the JSP, specifically in terms of the evidence base and the obvious lack of consistency and evidence to justify the preferred JSP spatial strategy, including the distribution of development. A key component of the new Local Plan will be the identification of sites/land to accommodate the Local Housing Need (LHN), as calculated using the ‘standard method’. Boyer Planning Ltd. Registered Office: Crowthorne House, Nine Mile Ride, Wokingham, Berkshire RG40 3GZ. Registered in England No. 2529151. VAT 587443501. Offices at Bristol, Cardiff, Colchester, London, Midlands and Wokingham. Page 2 of 10 Paragraph 60 of the National Planning Policy Framework (NPPF) is clear that the LHN represents the minimum number of new homes needed and it is only where ‘exceptional circumstances’ can justify an alternative approach, is it appropriate for a local planning authority to deviate from this standard approach. We are reassured that there is no indication within the PCD and supporting documents that would suggest that North Somerset is pursuing a plan based on an alternative method of calculating housing need. It is correct therefore for the new Local Plan to be based on the housing need figures derived from the standard method. The adopted Core Strategy identifies the district’s housing requirement for the plan period 2006-2026 as 20,985 dwellings (1,049 dwellings per year). In comparison, the minimum LHN, based on the standard method equates to 1,369 dwellings, an uplift circa 30%. It should be made clear that this is the minimum required to meet need arising from within the District, it does not take into account any unmet need arising from neighbouring authorities, specifically Bristol City. The precise scale of unmet need to be accommodated within North Somerset will be confirmed through the Duty to Cooperate process, but it is evident that North Somerset will be required to put in place a spatial strategy that responds positively to the challenge of meeting need, both from within the district and through its Duty to Cooperate obligations. Alongside the plan-making process it should also be noted that the district is currently unable to demonstrate a five year housing land supply, with the current calculation indicating supply in the region of 4.4yrs. When the Housing Delivery Test (February 2019) is reviewed for North Somerset, this confirms that North Somerset is only achieving 73% of its Core Strategy housing requirement and as a result a 20% buffer is to be applied to any calculation. This raises genuine questions as to the effectiveness of the current Spatial Strategy and its ability to deliver existing identified need. In circumstances where the LHN is applied, this will compound further the challenges of housing delivery and require innovative and pragmatic revisions to the current Spatial Strategy. North Somerset is a district that has constraints which in turn reduce the availability of land to meet current and future growth requirements. A key constraint in the district is the Green Belt designation. Through the JSP process it was a recognised component of the Spatial Strategy that ‘exceptional circumstances’ did exist that required land to be released from the Green Belt. Moreover, it was recognised within the JSP evidence base, that avoiding the Green Belt would result in highly unsustainable patterns of development, contrary to the vision and objectives of the JSP. Notwithstanding this, the JSP did not propose any Green Belt release within the North Somerset District. The soundness of such an approach and the consistency with the wider JSP Spatial Strategy was identified by the JSP Inspectors as an area of concern. The approach to Green Belt release through the JSP, as it relates to North Somerset, can be traced back to the adopted Core Strategy. Within the adopted Core Strategy it is listed as a ‘priority objective’ to: “continue to support North Somerset’s existing Green Belt in order to prevent the sprawl of Bristol and its encroachment into valued countryside and to preserve the character of existing settlements.’ Page 3 of 10 This is translated into policy within the Core Strategy (Policy CS6) where is states that the Green Belt boundaries will remain unchanged. Strategic Policies In general the list of Strategic Policies set out at paragraph 10 of the PCD are supported. It is however necessary to ensure that specific policy requirements are based on a robust evidence base, and wider issues such as the impact of policy burdens on the viability and deliverability of sites / development locations assessed at every stage. We also support the inclusion of the Green Belt as a Strategic Policy. However, we are concerned that there is a lack of any specific detail on this and note that the PCD only refers to the need to ‘consider’ whether exceptional circumstances warrant a review of locations within the Green Belt. There is concern that the approach to the Green Belt through the Local Plan process will not consider, in sufficient detail, the opportunities for sustainable development to be provided at sites/locations which do not make an important contribution to the five purposes of the Green Belt as defined in national policy. In this context, Appendix 1 to the SA Scoping Report lists a range of plans, programmes and policies and reviews their relationship with the local plan. For example, in respect of National Planning Policy and Climate change, Appendix 1 states: “Local Policies will need to achieve these objectives”. This ‘relationship’ is therefore how the Local Plan intends to respond to existing plans and programmes etc. Such a review is an important part of the plan-making process, but we are concerned that on specific matters, the commentary set out at Appendix 1, suggests that the impact (response of Local Plan) in terms of the future Spatial Strategy is already pre-determined. In the context of the Green Belt, Appendix 1 (page 69-70) identifies the requirements and objectives of the NPPF and the ‘protection’ of the Green Belt. It correctly recognises that the Local Plan must conform to these objectives. In terms of the adopted Core Strategy, page 78 of Appendix 1 refers to the objective of continuing to support the ‘existing’ Green Belt and states that the relationship of the Local Plan will be to: “Ensure that commitments identified in the Core Strategy are carried through.” Ensuring that commitments identified in the Core Strategy are carried through, prior to any significant progress being made on the Local Plan, suggests that this component of the future spatial strategy has already been decided. Such an approach raises serious concerns that the district council is not treating the withdrawal of the JSP as an opportunity to reassess the fundamentals of Spatial Strategy. The concern is that the district will advance a plan that retains those elements of the JSP Spatial Strategy insofar as they relate to North Somerset, with no genuine consideration of reasonable alternative options for the Spatial Strategy. Given the scale of need arising through the LHN and critical questions regarding the scale of unmet need from Bristol, it would be of major concern if fundamental considerations of the future Spatial Strategy, including whether this will require land from within the Green Belt, are already determined at this ‘pre-commencement stage. Page 4 of 10 Approach of Strategic Housing Land Availability Assessment (SHLAA) Paragraph 67 of the NPPF requires local planning authorities to have a clear understanding of the land available in their area through the preparation of a strategic housing land availability assessment.
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