LOCAL PLAN SUB-COMMITTEE AGENDA Thursday 16th July 2020 at 6.00pm In accordance with the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020, this meeting will be held via Zoom and by the Council's YouTube channel – Braintree District Council Committees. Members of the public will be able to view and listen to this meeting via YouTube. To access the meeting please use the link below: http://www.braintree.gov.uk/youtube Members of the Local Plan Sub-Committee are requested to attend this meeting to transact the business set out in the Agenda. Membership:- Councillor D Bebb (Vice Chairman) Councillor P Horner Councillor K Bowers Councillor D Hume Councillor G Butland Councillor Mrs G Spray (Chairman) Councillor T Cunningham Councillor T Walsh Councillor A Everard Councillor J Wrench Members unable to attend the meeting are requested to forward their apologies to the Governance and Members Team on 01376 552525 or email [email protected] by 3pm on the day of the meeting. A WRIGHT Chief Executive 1 Chief Executive INFORMATION FOR MEMBERS - DECLARATIONS OF INTERESTS Declarations of Disclosable Pecuniary Interest (DPI), Other Pecuniary Interest (OPI) or Non- Pecuniary Interest (NPI) Any member with a DPI, OPI or NPI must declare the nature of their interest in accordance with the Code of Conduct. Members must not participate in any discussion of the matter in which they have declared a DPI or OPI or participate in any vote, or further vote, taken on the matter at the meeting. In addition, the Member must withdraw from the Chamber where the meeting considering the business is being held unless the Member has received a dispensation from the Monitoring Officer. Question Time In response to Coronavirus the Council has implemented new procedures for public question time. The Agenda allows for a period of up to 30 minutes when members of the public can speak. Members of the public wishing to speak are requested to register by contacting the Governance and Members Team on 01376 552525 or email [email protected] by midday on the working day before the day of the Committee meeting. For example, if the Committee meeting is due to be held on a Tuesday, the registration deadline is midday on Monday, (where there is a bank holiday Monday you will need to register by midday on the previous Friday). The Council reserves the right to decline any requests to register if they are received after this time. Registered participants must submit their written questions/statements no later than 9am on the day of the meeting by emailing them to [email protected] Participation will be via the submission of a written question or statement which will be read out by the Chairman or an Officer during the meeting. All written questions or statements should be concise and should be able to be read within the 3 minutes allotted for each question/statement. The question/statement will be published on the Council’s website. The Council reserves the right to remove any defamatory comment in the submitted question/statement. Documents Agendas, reports and Minutes for all the Council’s public meetings can be accessed via www.braintree.gov.uk We welcome comments from members of the public to make our services as efficient and effective as possible. If you have any suggestions regarding the meeting you have attended, you can send these via [email protected] 2 PUBLIC SESSION Page 1 Apologies for Absence 2 Declarations of Interest To declare the existence and nature of any Disclosable Pecuniary Interest, other Pecuniary Interest, or Non-Pecuniary Interest relating to Items on the Agenda having regard to the Code of Conduct for Members and having taken appropriate advice where necessary before the meeting. 3 Minutes of the Previous Meeting To approve as a correct record the Minutes of the meeting of the Local Plan Sub-Committee held on 11th February 2020. 4 Public Question Time (See paragraph above) 5 The Section 1 Local Plan Next Steps 5-107 6 Statement of Community Involvement - Update 108-142 7 Essex Coast Recreational Disturbance Avoidance and Mitigation 143-358 Strategy (RAMS) 8 Coggeshall Neighbourhood Plan - Regulation 16 Consultation 359-371 Response 9 Tiptree Neighbourhood Plan - Regulation 16 Consultation Response 372-381 10 Urgent Business – Public Session To consider any matter which, in the opinion of the Chairman, should be considered in public by reason of special circumstances (to be specified) as a matter of urgency. Exclusion of Public and Press To agree the exclusion of the public and press for the consideration of any Items for the reasons set out in Part 1 of Schedule 12(A) of the Local Government Act 1972. At the time of compiling this Agenda there were none. PRIVATE SESSION Page 11 Urgent Business - Private Session To consider any matter which, in the opinion of the Chairman, should be considered in private by reason of special circumstances (to be specified) as a matter of urgency. 3 4 Local Plan Sub-Committee 16th July 2020 The Section 1 Local Plan Next Steps Agenda No: 5 Portfolio Planning Corporate Outcome: Connecting People and Places Report presented by: Emma Goodings – Head of Planning and Economic Growth Report prepared by: Emma Goodings Background Papers: Public Report: Yes Publication Draft Local Plan 2017 Key Decision: No Material set out on the Section 1 Local Plan examination pages https://www.braintree.gov.uk/info/200643/section_1 /1065/section_1_examination_publication_local_plan Executive Summary: Section 1 of the submitted Local Plan (‘the Section 1 Plan’) set out an overarching strategy for future growth across Braintree, Colchester and Tendring – the ‘North Essex Authorities’ (‘NEAs’). As well as including policies setting the overall housing and employment requirements for North Essex up to 2033, the Section 1 Plan proposed three new cross-boundary ‘Garden Communities’ along the A120 corridor with the potential for longer-term and comprehensively-planned growth. In contrast, ‘the Section 2 Plan’ for each of the three authorities contains more specific local policies and proposals relevant only to their individual area. Before a Local Plan can be formally adopted by a Council, it must be examined by a government-appointed Inspector whose job it is to check that 1) the plan has been prepared in line with various legal requirements and 2) that the policies and proposals in the plan comply with the ‘tests of soundness’ contained within the National Planning Policy Framework (NPPF). Examination hearings for the Section 1 Plan first took place between January and May 2018; with further examination hearings in January 2020, the Planning Inspector has issued a further ‘post-hearing letter’ to the NEAs. This letter is Appendix 1 to this report. The Inspector has concluded that two of the three proposed Garden Communities (the Colchester Braintree Borders Garden Community and West of Braintree Garden Community) are not viable or deliverable and therefore the Section 1 Local Plan, in its current form, is not sound. The Inspector has however agreed that the Tendring Colchester Borders Garden Community is viable and deliverable and the housing and revised employment targets in Page 5 of 381 the Local Plan are also sound, including the requirement of 716 homes a year in Braintree. In the event that a Local Plan is found not to be sound, the Inspector must, if asked to do so by the local planning authority, recommend modifications to the Local Plan that would make it sound. The Council requested this through its previous decisions. The Inspector has given the NEAs two options for how to proceed: 1) to consult on the main modifications to remove the Colchester Braintree Borders and West of Braintree Garden Communities from the Local Plan and other necessary ‘modifications’; or 2) withdraw the plan. The proposed draft main modifications have been provided by the Inspector and are attached as Appendix 2 to this report. To continue with the Draft Local Plan the first option of consulting on the main modifications suggested must be undertaken, otherwise the alternative position is that the Plan is withdrawn from examination and the Council will be required to start again. All three of the NEAs will need to come to the same conclusion. Recommended Decisions: That the Local Plan Sub-Committee make the following recommendations to Council: a) Notes the findings of the Planning Inspector’s letter dated 15 May 2020 (attached as Appendix 1 to this report) and his recommended modifications (attached as Appendix 2); b) To accept the Inspector’s suggested main modifications to remove both the Colchester Braintree Garden Community and the West of Braintree Garden Community from the Section 1 Local Plan for the purposes of soundness and; c) Subject to the views of the other North Essex Authorities (Colchester Borough Council and Braintree District Council), to notify the Planning Inspector of the intention to continue with the present Local Plan process, formally request his finalised schedule of recommended main modifications for soundness and establish the timescales for the consultation exercise and subsequent stages in the process; d) Notes that public consultation will be undertaken on all ‘main modifications’ recommended by the Planning Inspector to make the Local Plan sound (as set out in draft in Appendix 2); and e) Notes that an update to the Sustainability Appraisal (SA) and the Habitat Regulations Assessment (HRA) for the Modified Section 1 Local Plan will need to be produced and published for consultation alongside the Inspector’s main modifications and that consultants LUC are already instructed to undertake this work; Page 6 of 381 Purpose of Decision: a) To report the findings of the Local Plan Inspector as to the legal compliance and ‘soundness’ of the Section 1 Local Plan for North Essex following the further examination hearings of January 2020 and receipt of his latest letter dated 15 May 2020.