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Introduction E) ECC Objection to New Housing Sites

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Introduction E) ECC Objection to New Housing Sites CASTLE POINT DRAFT NEW LOCAL PLAN, 2014-2030 Introduction Castle Point Borough Council has published for public consultation its Draft New Local Plan for a six week period until 21st March 2014. The Local Plan sets out the planning strategy for the future growth in Castle Point Borough between 2011 - 2031. The spatial strategy seeks to deliver the required future employment, homes, retail, community facilities and infrastructure provision over this period. Castle Point Borough Council withdrew its LDF Core Strategy from examination in September 2011, and commenced work on its New Local Plan. The Borough Council undertook an Issues consultation in March 2012. The New Local Plan has been informed by previous responses received to the Issues and Options and considerable evidence base work with specialist consultants and neighbouring authorities. This consultation will inform the final Pre-Submission Local Plan, which is expected July – August 2014. The response of ECC to the Draft New Local Plan is set out under the following sections, which comment respectively on, A) ECC involvement in Duty to Cooperate B) Proposed Level of Housing Growth C) Use of Sustainability Appraisal and Evidence Base D) ECC objection to New Housing Site – Policy H18 E) ECC objection to New Housing Sites – Policy H10, Criteria 2a F) ECC concerns regarding New Housing Sites – Policies H5, H5, H12, H14 and H16 G) Policy T1 – Transport Strategy H) Consideration of the Historic Environment I) Policy HC12 – Developments on Open Spaces, Allotment Gardens: and Playing Fields associated with Educational Uses J) Policy NE8 – Determining Applications affecting Ecologically Sensitive and Designated Sites K) Mineral Safeguarding Areas and Mineral Consultation Areas L) Comments on Individual Policies in the Plan M) New Policy – Greater Thames Marshes Nature Improvement Area N) Comments on supporting text in the Plan A) ECC involvement under Duty to Cooperate requirements ECC welcomes the production of a New Local Plan for Castle Point Borough. The inclusion of allocations not just for residential and business development but also for community facilities and environmental designations is particularly supported as providing a firm basis for the holistic and sustainable approach to the future of the Borough. The County Council has been encouraged by the constructive engagement of the District Council during preparation of the Plan in discussion of matters concerning future delivery of County Council services. Continuing discussion would be welcomed on these matters during the further stages of plan preparation and throughout implementation and delivery of the Plan. As required by the Localism Act 2011, a legal duty is placed on local planning authorities to engage constructively, actively and on a continuous basis through the preparation of the plan. ECC has been actively involved in the preparation of the plan through a number of means: Local officer duty to cooperate meetings Preparation of Policy Documents as key evidence base Essex Integrated County Strategy; Transport Evidence undertaken to support consultants A Planning and Transport Strategy for Thames Gateway South Essex An Economic Growth Strategy for Thames Gateway South Essex Greater Essex Demographic Forecasts, Phase 4 Community Infrastructure Needs Assessment, November 2013 South Essex Surface Water Management Plan, April 2011 Assessment of emerging spatial options and development sites on highway and education provision B) Proposed Level of Housing Growth Local authorities are expected to prepare a spatial strategy which `significantly boosts’ the supply of housing in order to meet in full the `objectively assessed needs’ for market and affordable housing of their administrative area (NPPF, paragraph 47). ECC notes the considerable work undertaken by the borough in trying to identify its `objectively assessed need’ through a number of studies including Thames Gateway South Essex - Strategic Housing Market Assessment (SHMA); Strategic Housing Land Availability Assessment (SHLAA); Greater Essex Demographic Forecasts, Phase 4, Green Belt Review; Housing Growth and Capacity Topic Papers and other commissioned work. The proposed Housing Strategy is contained in Policy H1 and proposes to provide at least 4,000 new homes over the period 2011 to 2031.The Borough Council has undertaken a considerable amount of work seeking to identify its `objectively assessed need’ (see above), which it considers to be 400 homes per annum equating to 8,000 over the plan period. The New Local Plan provides for 200 new homes per annum, which includes some 2,200 dwellings in the Green Belt following a Green Belt Review. The 4,000 new homes is below its `objectively assessed need’ and is argued on the grounds that there is limited land mass for development; the Borough is constrained by Green Belt, significant nature conservation designations and wide areas at risk of flooding. In fact the Plan identifies some 4,925 dwellings from specific sites over the period. However, this is some 3,075 homes below its identified `objectively assessed need’. Under the Localism Act 2011 the borough also has a legal requirement to comply with section 110 of the Act under the 'duty to cooperate'. If the borough is not fully providing for its own indigenous housing growth it will have to secure voluntary agreements with neighbouring authorities in its housing market area (or those further afield) to accommodate a proportion of its housing growth that is being transferred elsewhere. ECC should be kept informed of these discussions in order that the potential impact on key functional areas within the Castle Point’s administrative boundary. This strategic issue under the duty will need to be resolved before submission of the New Local Plan for independent plan examination. This situation is likely to be exacerbated by the strong highway objection to allocation H18 (400 dwellings), which is not considered deliverable at this capacity (see later comments) C) Sustainability Appraisal and Evidence Base In general terms, ECC considers that the published Environmental Report (December 2013) meets the requirements of the SEA directive 2001/42/EC with regards the assessment of the effects of plans and programmes on the environment. However, ECC is concerned at how the evidence base, including the SA/SEA, has been considered in the preparation of the New Local Plan. There appears to be some inconsistencies between recommendations in the evidence base, and in particular the SA/SEA and the allocation of development sites and their capacity. Some examples will be highlighted later. Local Plans are required to be examined against the `tests of soundness’ (NPPF, paragraph 182), and in particular whether the plan can be `justified’ by being based on proportionate evidence. Furthermore, NPPF, paragraph 165 states that ` a sustainability appraisal which meets the requirements of the European Directive on strategic environmental assessment should be an integral part of the plan preparation process,…..’ In order to satisfy the requirements above it will be necessary for Castle Point to justify how the findings of the SA/SEA have been taken into account, alongside other evidence, in proposing the spatial strategy, and the specific site allocations. ECC considers that the SA/SEA is quite explicit with regard to its recommendation on specific policies regarding site allocations and the text within policies, but which appear to have been implemented contrary to the evidence available. ECC considers that the following sites H4 (Land off Kiln Road – pages 121-124), H10 (Land east of Rayleigh Road – pages 135-137), H11 (Land south of Daws Heath – pages 138-140) and H18 (Land at North West Thundersley – pages 154-157) have been included in the Local Plan against the evidence prepared by the local authority, the SA/SEA, highway authority and the agreed SA objectives. Paragraph 3.6.13 of the Environment Report indicates that the amendment of the proposed policies, following member consultation, to the draft policies in the consultation document has had a negative impact on the sustainability of the plan. `The reduction in the capacity of sites H4 and H10 will result in the ineffective use of land with potential negative consequences for areas of higher environmental and landscape quality. Additionally, there is a risk to the public realm with leaving partially developed land undeveloped at site H4. The increased housing requirement for site H11 meanwhile is inconsistent with the environmental constraints of this site and its location within the Daws Heath Historic Natural Landscape. Finally, local Councillors have sought for development in the area of North West Thundersley to occur before 2031, with a proportion of the site being identified as an area where housing development can occur within the plan period. Failing to bring forward the area in a comprehensive way will have a significant impact on local congestion as it will fail to generate the financing necessary for a proper access road. It will also have negative consequences for the provision of affordable housing and the protection of the strategic functions of the Green Belt. Overall, the draft New Local Plan has become less sustainable as a result of these changes, and it is recommended that the submission New Local Plan is amended to reflect these sustainability concerns ‘ Policy H4, point 6 safeguards 8ha of land until post 2031 and Policy H10 has been reduced in capacity, either through safeguarding land or capacity, against recommendations in the SA/SEA. Their removal from the Green Belt is not considered to compromise the wider Green Belt in the locality from fulfilling its purposes (Castle Point Green Belt Boundaries Review, November 2013). As stated in the SA/SEA the reduction in capacity at these sites is likely to place pressure on Green Belt elsewhere, which plays a greater role in separating settlements within and adjoining Castle Point. Furthermore, the additional housing capacity would contribute to the district being able to provide towards its `objectively assessed need’ which is higher than that being planned for (Housing Capacity Topic Paper, November 2013).
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