Respondent Ref: 712–719 April 2021 | NP | P20-2847 rev A HEARING STATEMENT FOR CASTLE POINT LOCAL PLAN EXAMINATION MATTER 5: POLICY HO23 ON BEHALF OF PERSIMMON HOMES LTD TOWN & COUNTRY PLANNING ACT 1990 (AS AMENDED) PLANNING AND COMPULSORY PURCHASE ACT 2004 Prepared by: Nicky Parsons Word count: 3406 (including Inspector's questions) CONTENTS: Page No: 1.0 Introduction .............................................................................................. 1 2.0 Matter 5 Policy HO23 ................................................................................. 2 Appendices Appendix A – Note from RPS regarding Heritage Matters Appendix B – Note from RPS regarding Highway Matters April 2021 | NP | P20-2847 rev A / Respondent Ref 712–719 1.0 Introduction 1.1 This Hearing Statement has been prepared by Pegasus Group on behalf of Persimmon Homes Ltd (PHL) in the context of the promotion of Land east of Canvey Road, which is allocated for residential development under Policy HO23 of the emerging Local Plan. PHL own the majority of the allocation (see plan below) and is currently in negotiations to purchase the remainder of the site. 1.2 This Hearing Statement has been prepared following a review of the submitted evidence base. The responses are based on the plan as submitted (EXM-001) April 2021 | NP | P20-2847 rev A / Respondent Ref 712–719 Page | 1 but also take into account the Council's proposed modifications at the date of submission (EXM-0031, 004 and 005). 2.0 Matter 5 Policy HO23 Q.174 What is the justification for the site capacity being ‘up to 300 new homes’? 2.1 PHL considers that the site is capable of delivering at least 300 new homes and confirms that this quantum of development is deliverable entirely within the land that PHL owns. As mentioned in answer to question 53, PHL agrees that the proposed modification to Policy HO23 identified in EXM-003 to amend 'up to' 300 homes to 'around' 300 homes is necessary for the soundness of the allocation. 'Around' equates to a 10% difference on 300 homes and would allow the flexibility required at the planning application stage to accommodate additional homes on an allocated site, should the detailed design and other technical work demonstrate suitability. This would allow an efficient use of the site to be made in accordance with the provisions of the Framework. 2.2 The LPA has undertaken a Large Site Capacity Assessment (H-013, Updated December 2019), which assessed the context and constraints of site HO23 to determine that the site was capable of accommodating between 265 – 335 dwellings. This was a high-level assessment of the site. PHL has since undertaken initial masterplanning for the site, informed by technical work of a greater detail than usually undertaken at the site promotion stage. This includes an assessment of the site access, flood risk and heritage issues inherent to the site. 2.3 The emerging masterplan for the site has tested the capacity of the site, putting into practice the need to deliver policy compliant open space, landscape buffers, drainage attenuation areas and a buffer to the Scheduled Monument located on the north-eastern boundary of the allocation. The masterplanning 1 As superseded by EXM-030 April 2021 | NP | P20-2847 rev A / Respondent Ref 712–719 Page | 2 has tested the extreme situation of excluding housing from the northern field, through which access will be taken, to allow for an extended buffer to the Schedule Monument. PHL considers this extent of mitigation would not be necessary as discussed in our answer to question 176, nonetheless the masterplan has tested the scenario and demonstrated that the site could still accommodate 300 homes at an appropriate density. 2.4 As such, PHL considers the proposed site capacity of 'around' 300 new homes to be justified. PHL is committed to delivering at least 300 new homes on the site that it owns, with the matter of where development is located an appropriate matter for the detailed design stage. The impacts of the development will be assessed in detail by the LPA, supported by robust development management policies contained in the new Local Plan. As such, the detailed design of the scheme does not need to be assessed at this Local Plan examination stage. Q.175 Does criterion 2. which appears to phase the proposed development, serve a clear purpose, and is it justified? 2.5 Question 175 relates to criterion 2 of Policy HO23, which states that Housing development may be brought forward on this development site only at a time when there is an insufficient supply of land to ensure a five-year housing land supply, thereby passing the sequential test for flood risk. The LPA proposes to delete criterion 2 in its entirety. 2.6 In the preparation of the Local Plan, the LPA has undertaken a Strategic Flood Risk Assessment (CC-009 and CC-010) to inform strategic policies and applied the Sequential and Exception Tests (CC-014) in accordance with PPG when allocating sites. Deletion of criterion 2 is considered to be justified, as criterion 2 was unnecessary given the results of the Sequential Test (CC-014). The Council's Sequential Test demonstrated that land east of Canvey Road is required to ensure a five-year housing land supply, and sites in Flood Zone 3a such as HO23 are required to meet the objectively assessed need as sufficient sites in Flood Zone 1 are not available. In other words, there are no more sequentially preferable sites available. As such, it is considered that the LPA April 2021 | NP | P20-2847 rev A / Respondent Ref 712–719 Page | 3 has applied the sequential test as required at the Local Plan stage by paragraph 157 of the Framework. 2.7 Of further significance is the fact that the Council's own evidence (H-015) demonstrates that the site will deliver by year 10 of the plan, which equates to the year 2028. The Plan is expected to be adopted late in 2021 (year 4 of the Plan) meaning that the majority of the site will be delivered during the five year period from the date of adoption and therefore clearly needed to demonstrate a five-year housing land supply at the point of adoption. 2.8 Subsequently, the two-part test comprising the Exception Test set out at paragraph 160 of the Framework has been undertaken by the LPA. In relation to Policy HO23, the LPA has assessed the site to pass the Exception Test, with the site delivering wider sustainability benefits; PHL concurs with the results and considers paragraphs 160 and 161 of the Framework have been satisfied. 2.9 PHL therefore consider that criterion 2 is not justified and supports the Council's proposed amendment to delete this. Q.176 Given the proximity of designated heritage assets including the Roman Saltern Scheduled Monument and having regard to the findings of the Heritage Impact Assessment, would the Policy be effective in conserving and enhancing the historic environment? 2.10 The LPA has conducted a site-specific Heritage Impact Assessment for Policy HO23 (DSH-011, 2020). The assessment concluded that the site would cause a degree of harm to the designated Scheduled Monument located north-east of the site, but this harm would be in the less than substantial spectrum identified in the Framework. The Assessment considered there to be no potential for harm to any other designated heritage assets, including the Dutch Cottage Listed Building. 2.11 Separately, PHL also commissioned an Archaeological Desk Based Assessment, which is discussed in the statement prepared by RPS Heritage Consultants in April 2021 | NP | P20-2847 rev A / Respondent Ref 712–719 Page | 4 response to question 176, attached at Appendix A. The statement explains that heritage enhancements have been identified; the incorporation of these measures would mean the harm caused to the Scheduled Monument would be less than substantial, as found in DSH-011. 2.12 Based on DSH-011, the LPA has proposed modifications to Policy HO23 to include criterion 2a, which requires the masterplan for the site to protect the Scheduled Monument and preserve and enhance its setting. Criterion 2a has been agreed for inclusion with Historic England – see Statement of Common Ground with Historic England (SCG-006, 2021). PHL considers this policy requirement will allow the heritage impact of any development to be robustly assessed through the pre-application and then development management stages. As such, the policy (as proposed to be modified) is considered to be effective in ensuring the conservation and enhancement of relevant heritage assets as per the provisions of paragraph 185. 2.13 PHL notes that the heritage impact arising from the development of this site in accordance with policy HO23 will need to comply with policy HE1 of the Plan, which relates to conserving and enhancing the historic environment. This ensures that this important matter can be appropriately dealt with at the development management stage. Q.177 With particular regard to the Canvey Wick Site of Special Scientific Interest, would the Policy be effective in protecting and enhancing biodiversity and securing net measurable gains in biodiversity? 2.14 Canvey Wick SSSI is located approximately 700m south of, and geographically separated from, the allocation site. The site is also located to the east of the West Canvey Marshes Local Wildlife Site, the extent of which is identified in the Castle Point Borough Local Wildlife Sites Review (EQ-007, 2019). 2.15 The LPA conducted a Strategic Biodiversity Assessment (EQ-008, 2019) which provided a high-level strategy for the promotion of biodiversity in the emerging Local Plan. It is noted that the Assessment recommended enhancement of habitat outside of the RSPB reserve.