Report to Cllr John Jowers - Cabinet Forward Plan reference number Member for Libraries, Communities FP/492/01/14 and Planning Date of report: 6 March 2014 County Divisions affected by the decision

All Divisions in District and ; Chelmer; Witham Southern; and Great Baddow

Title of report: County Council response to the Pre- Submission Local Development Plan, 2014-2029

Report by Andrew Cook – Director of Operations, Planning and Environment Enquiries to Kevin Fraser ([email protected]) – 01245 437559

1. Purpose of report

1.1 Maldon District Council have produced a Pre-Submission Local Development Plan, 2014 – 2029. This report sets out details of the plan and recommends that the Council sends a response to Maldon DC as set out in Annex 1.

2. Recommendations

2.1. Agree to send the response in Annex 1 to Maldon District Council concerning the Maldon District Pre-Submission Local Development Plan, 2014-2029

2.2. Agree that ECC is largely supportive of the emerging Local Plan but seeks some amendments and points of clarification to the Local Plan to improve its consistency with the National Planning Policy Framework (NPPF) and to ensure ECC is able to assist in the delivery of key services arising from the planned growth.

3. Background and proposal

3.1 Maldon District Council has published for public consultation its Pre- Submission Local Development Plan, 2014-2029 between 22 January and 12 March 2014. The Local Plan sets out the planning strategy for the future growth in Maldon District over the next 15 years. The draft seeks to deliver the required future employment, homes, retail, community facilities and infrastructure provision over this period. The pre-submission consultation is the final stage in the process prior to submission to the Secretary of State for examination, and any representations should be directed to the ‘soundness’ of the plan and legal matters. To be ‘sound’ a plan must be positively prepared; justified; effective; and consistent with national policy. ECC has made representations to earlier versions of the Local Plan.

3.2 The Maldon District Local Development Plan, Preferred Options was published for consultation in July 2012. This proposed a minimum of 3,000 new dwellings in the District between 2014 – 2029, and which were concentrated at South Maldon (1,250); North Heybridge (900); Burnham on Crouch (450); and North Fambridge (300). ECC undertook a detailed assessment of the impact on the highway network and education (including Early Years and Childcare) and identified appropriate infrastructure issues under `duty to cooperate’ requirements. ECC identified the need for a new primary school at North Heybridge and South Maldon, with Early Years and Childcare, with the latter also required at Burnham on Crouch. ECC considered that it was essential that a North Heybridge Relief Road was proposed to enable a `nil detriment’ scenario at two junctions in North Heybridge.

3.3 Highway modelling identified a considerable amount of highway mitigation around Heybridge/Maldon and which re-emphasised what was required to accommodate 1,000 dwellings at North Heybridge. These requirements were was identified in an earlier draft Plan, which was not progressed by Maldon District Council in 2010. A North Heybridge Relief Road is still considered essential. Necessary additional highway mitigation included:  B1018 Langford Road/Heybridge Approach (mitigation option to be confirmed depending on the route of the North Heybridge Relief Road

 B1018/Heybridge Approach/A414 roundabout (unopposed slip lanes from Heybridge Approach to A414 East and A414 South to Heybridge Approach)

 A414/Spital Road roundabout (unopposed slip lane from A414 South to A414 North and widening of the A414 South exit arm)

 A414/B108 Limebrook Way (widening of Limebrook Way and A414 west approaches to the junction and widening of the A414 North exit arm)  A414 Oak Corner junction (widening of Maldon Road exit arm and designated left turn lane from Road to Maldon Road)

 B1010 Maldon Road/B1021 Church Road junction (a new mini roundabout design at southern intersection) – Burnham on Crouch

3.4 ECC highlighted the following additional concerns:  North Fambridge (300 dwellings) - there is no existing primary school in North Fambridge, with pupils likely to attend Community Primary School, which is more than 2m away, and which would be over capacity, and the site is restricted making expansion problematic. The proposed scale of growth is not of sufficient scale to support a new primary school.  Burnham on Crouch would require additional primary school provision, since the existing schools are on restricted sites, and would become over capacity.  The Plume Academy secondary school is already over capacity, operates on a split site, and would potentially require additional land for expansion.

3.5 Maldon District Council (MDC) published its Draft Local Plan 2014-2029 for public consultation from 28 August to 14 October 2013. This proposed an uplift in housing supply to 4,430 dwellings, which was considered to deliver its `objectively assessed need’, as required by the National Planning Policy Framework (NPPF, March 2012). The revised number total of planned additional dwellings is attributed to North Heybridge (1,000), but predominantly South Maldon (1,830), which are now proposed as new Garden Suburbs. Following ECC advice about the availability of primary school places (see paragraph 3.4) the allocation at North Fambridge was reduced to 75 dwellings, with Burnham on Crouch remaining at 450 dwellings. The remaining development was to be distributed as rural allocations to be identified in a Rural Allocations document to be prepared after adoption of the Draft Local Plan. The Local Plan allocated additional employment land at Wycke Hill (North), Maldon – 0.5 ha; Wycke Hill (South), Maldon – 4.5 ha, and an extension to Burnham Business Park.

3.6 The mitigation identified in paragraph 3.2 and the North Heybridge Relief Road was still considered necessary to accommodate the 4,430 dwellings.

3.7 ECC highlighted its concern regarding the capacity of Limebrook Way roundabout in its 2010 Report with regards the impact of 1,000 dwellings at North Heybridge. The Draft Local Plan allocated 1830 dwellings (additional 580 dwellings) in South Maldon. Consequently, in order to alleviate the pressure on Limebrook Way (including mitigation above (paragraph 3.2)) it was considered necessary to provide a new Wycke Hill By Pass from the A414 to Wycke Hill, to accommodate the additional growth, and which will act as the re routed A414 strategic route.

3.8 ECC also considered the impact of growth on the wider highway network as identified through Duty to Cooperate meetings with Chelmsford City Council and Braintree District Council, namely at:  Eves Corner, Danbury  junction of Maldon Road (B1019)/B1137 The Street, Hatfield Peverel,

3.9 ECC has consistently expressed its concerns regarding the capacity of The Plume Academy to accommodate additional growth at all stages of the emerging Local Plan process. The school operates on a split site, with little available land to enable expansion (on site) to accommodate the identified additional pupils that are forecast to be generated by this level of housing development. ECC undertook a desktop study (school site area and buildings) and concluded that there was likely to be capacity to accommodate this growth through the potential for new buildings and the re – use of existing buildings on both of the school’s existing sites. However, ECC considered that the expansion of The Plume by up to 2 forms of entry provided little flexibility at the school to accommodate any additional housing growth to that identified in the draft Local Plan. ECC and the school considered this to be a one off and final expansion, and any significant need for expansion in the future would need to occur off the existing sites.

3.10 The Pre Submission Plan still proposes an overall housing provision of 4,430 dwellings in the plan period. However, following an independent viability assessment of the proposed Submission Plan in December 2013 it was decided by MDC to reallocate 335 dwellings from South Maldon (1,830 to 1,475) to North Heybridge (1,000 to 1,335), including a new site at West of Broad Street Green Road (100 dwellings). The proposed development at Burnham on Crouch (450) and North Fambridge (75) has not been amended. ECC has undertaken additional highway modelling and education assessment to consider the above change, and this will be outlined in the formal response.

3.11 The Plan also introduced the concept of `reserve sites’ totalling 900 dwellings (Maldon – 800 dwellings and Burnham on Crouch - 100 dwellings) to provide additional flexibility to the plan, as recommended in national policy. These are not allocations and their need will be reviewed on a 5 year interval or as necessary. Maldon District Council seeks to ensure that the release of these sites will not prejudice the delivery of the Plan as a whole. ECC will seek confirmation of this approach with additional wording suggested for Policy S2 – Strategic Growth.

3.12 ECC has undertaken a considerable amount of work in identifying the potential impact of the Pre Submission Plan on the local and wider highway network and education provision (Early Years and Childcare; Primary and Secondary).

3.13 As part of the internal consultation process relevant functional areas within the County Council have been consulted to consider if there are any implications on their service.

3.14 The proposed formal response by ECC set out at Annex 1. It is generally supportive and raises the following:

 Duty to Cooperate – ECC has undertaken considerable highway modelling/education assessment to inform the plan; worked in partnership with Braintree District Council and Chelmsford City Council to identify and resolve cross boundary strategic issues regarding the impact of growth (education/highways). Ongoing partnership working will enable the requirements of key functional areas to be considered and ensure that future development in Maldon district aligns with our corporate priorities of increasing educational achievement and residents to travel and business to grow.  Infrastructure Delivery – the development of some 2,830 dwellings at North Heybridge/South Maldon would place significant strain on the highway network, and especially the A414 strategic route without appropriate mitigation. In order to minimise congestion and maintain the free flow of traffic on this strategic route, ECC will work with developers to ensure the following improvements are provided at the appropriate timescale to prevent congestion on the highway network. These include.a North Heybridge Relief Road; a diverted A414 at Wycke Hill by pass; key junction improvements around Maldon; and wider improvements at Eves Corner, Danbury. These are planned to be funded through pooled s106 agreements and/or the Community Infrastructure Levy.  The level of proposed development will lead to a requirement for education facilities which cannot be accommodated at the existing primary schools and early years and childcare facilities, and would lead to unsustainable trips to schools with available spare places. The Plume Academy is the only secondary school within proximity of the development and only has a finite capacity given its current size and capacity to expand on site. ECC has identified the need for developers to provide and fund the necessary facilities to accommodate the pupils generated and demand for childcare. This will be achieved through the provision of 4 new early years and childcare centres; 2 new primary schools; and the expansion of the Plume Academy. These are planned to be funded through pooled s106 agreements and/or the Community Infrastructure Levy.  B1019/B1137 Hatfield Peverel Junction – highway modelling has indicated a significant increase in trips generated predominantly from proposed new housing in North Heybridge, but also by that in South Maldon along the B1019 towards Hatfield Peverel. The junction already experiences congestion at peak hours, which will be exacerbated by the additional growth. ECC has reviewed options at this junction in order to seek to minimise the impact on the network and local residents. However, there is no short term resolution that can be implemented, and a longer term solution is required, which appears to require an additional junction on the A12 which could not be funded by the planned development on its own. Consequently, ECC should work in partnership with MDC and other organisations to lobby for a new junction on the A12, which will connect to the B1019, and provide alleviation to existing issues at Hatfield Peverel, as well as wider benefits.  North Heybridge Strategic Flood Alleviation Scheme – the allocation in North Heybridge (1235 dwellings) is centrally located in the drainage basin that feeds into Langford Ditch; Holloway Road Ditch; and Heybridge Hall Ditch. In periods of heavy rainfall local flooding can occur within North Heybridge. The proposed development will enable a strategic flood alleviation scheme to be delivered in partnership with the Environment Agency, ECC and the developer. It would be most appropriate for this to be achieved via design features of the new North Heybridge Link Road, required to minimise trips through the congested North Heybridge area, with the storage and diversion of flows to its northern boundary. Without any development it is unlikely that any flood alleviation scheme could be funded leading to continued occurrences of flooding. This proposal will enable the risk of flooding for existing and new residents to be minimised.  South Maldon Strategic Surface Water Management Strategy – ECC welcomes reference in Policy S4 which proposes that strategic surface water management measures should be integrated into development at South Maldon Garden Suburb, as identified in the Maldon and Heybridge Surface Water Management Plan. This policy will prove useful to enable ECC implement its role as SuDs Approval Body, expected to come into force later this year.

3.15 However, it is proposed that ECC should seek some additional clarification with regards the role of ‘reserve sites’ in Policy S2.

3.16 These are additional housing sites that could be brought forward for development if a strategic site does not come forward, and will enable Maldon DC to ensure that a five year housing supply is available. Whilst this will enable Maldon to meet its targets, there is a risk that infrastructure cannot cope if reserve sites are brought forward and then allocated sites are developed. ECC would not wish to see any additional growth coming forward in the Plan, above that already allocated around Maldon/Heybridge given our concerns regarding the capacity of the highway network, and The Plume. ECC recommends the thrust of the wording in paragraph 2.34, which indicates that Maldon DC will ensure that if reserve sites come forward they will ensure that there will be no prejudice to the delivery of the plan as a whole, is given more weight by inclusion within the policy.

It is recommended that we ask Maldon to add the following wording to Policy S2:

`In the event of the need to release reserve sites, the Council will ensure that their release will not prejudice the delivery and viability of the Plan as a whole’

The above wording will ensure that any review of the Plan will require full consultation with ECC and provide the opportunity to consider the impact on local and strategic infrastructure, namely local highway network; early years and childcare, primary and secondary school provision.

3.17 It is recommended that we ask Maldon to make the following suggested amendments to improve consistency of the relevant policies with the National Planning Policy Framework (NPPF).

 Policy N2 – Natural Environment, Geodiversity and Biodiveristy – This policy does not accurately reflect national biodiversity conservation policy. Technical amendments are needed with to update references to `local ecological networks’ and `priority habitats’ and `priority species’ in accordance with current national planning policies.  Appendix 5 – Site Designations and Proposals Map – It is recommended that we ask Maldon DC to identify the Mineral Safeguarding Areas (MSAs) and Mineral Consultation Areas (MCAs) as identified in ECC’s Draft Replacement Minerals Plan on the Proposals Map. The identification of these in the Local Plan will help ensure that prospective developers consult ECC regarding any potential impact on a known mineral reserve, and seek to ensure that known locations of specific minerals are not needlessly sterilised by other forms of development.  Policy I1 – Infrastructure and Services – The current plan is silent on school expansions taking place on school sites. It is recommended that ECC asks Maldon to take a more positive approach to the expansion of existing schools to accommodate identified local need on school playing fields. Many existing school sites are surrounded by residential development with limited site area available to be developed. A more positive policy to expansion of existing schools on playing fields will help enable local need to be accommodated, rather than leading to parents having to travel unacceptable distances made to alternative schools.  Policy S3 – Place Shaping, Point 4 – It is recommended that ECC asks Maldon to amend this policy to make it clear that the historic environment refers to both the landscape and built form.

3.18 Maldon District Council will consider the representations received to the consultation, and any impacts that may arise. It is intended to submit the Local Plan to the Secretary of State in March/April 2014, with an examination in Summer 2014. It is anticipated that the Plan will be formally adopted in late 2014 by the District Council.

4. Policy context

4.1 The County Council is a service and infrastructure provider for Essex covering the following responsibilities and functions:  Highways Authority  Local Education Authority  EarlyYears and Childcare  Adult services  Libraries  Sport and recreational facilities  Community centres  Lead Local Flood Authority  Minerals and Waste Planning Authority.

Vision for Esse 2013 - 2017

4.2 The Vision sets out the County Council’s principles that will assist in supporting the people and communities of Essex. A key principle is to ‘work in partnership’ to deliver the best outcomes for service users. The County Council therefore aims to ensure that we work collaboratively with partners including local planning authorities. We aim to assist all Essex and relevant neighbouring planning authorities in seeking to develop their emerging spatial and planning policies to ensure that positive impacts for the Essex community are appropriately delivered and appropriate mitigation measures are incorporated to minimise potential negative impacts.

4.3 The Vision for Essex also sets out the core purpose and key challenges for Essex. The key challenges from the vision that are relevant to the County Council’s response to the Maldon Local Plan include:  increase educational achievement and enhance skills;  develop and maintain the infrastructure that enables our residents to travel and our businesses to grow;  support employment and entrepreneurship across our economy;  improve public health and wellbeing across Essex;  safeguard vulnerable people of all ages;  keep our communities safe and build community resilience; and respect Essex’s environment.

Essex Integrated County Strategy and Essex Economic Growth Strategy

4.4 ECC has published the Essex Integrated County Strategy (ICS) (2010) and the Essex Economic Growth Strategy (EGS) (2012), which together set out overarching economic objectives for the county.

4.5 The ICS aims to create a highly performing and competitive economy which makes a significant contribution to UK economic growth and recovery, whilst providing for the successful regeneration of Essex communities and a high quality of life for its residents and employees. Similarly the EGS’s vision is to make Essex an economically vibrant and successful entrepreneurial county where businesses and residents can grow and fulfil their potential. The EGS sets out how the County Council will lead efforts to promote economic growth, building on the county’s proximity to London and the excellent international transport links.

4.6 The EGS states that Essex is very well placed to achieve significant economic growth. Sectors identified as having significant potential to deliver this include:

 Advanced manufacturing and technology;  Transport, port activities and logistics;  Renewable energy and low carbon; and  Health and care.

4.7 The Maldon Economic Prosperity Strategy (2013-2029) has shaped the employment strategy and policies in the Local Plan and is considered consistent with the above aims. The EPS seeks to increase the supply of high quality business premises, supporting diversification and enterprise, improving skills and training provision, and improving transport and broadband based connectivity

Essex Transport Strategy – the Local Transport Plan for Essex, June 2011

4.8 Good transport is a vital factor in building strong and sustainable local communities and a successful economy. The Strategy sets the vision for transport, the outcomes we aim to achieve over a 15 year period, our policies for transport and the broad approach to implementing these. The Strategy includes specific priorities for the Heart of Essex, of which Maldon District is located, and the relevant priorities in relation to Maldon District include:

 Delivering transport improvements to support growth,  Providing for, and promoting, sustainable forms of travel;  Maintaining and improving public transport links;  Tackling congestion and improving journey-time reliability;  Improving access to railway stations and improving station facilities;  Improving the attractiveness of streets and public spaces;  Improving journey time reliability on key routes;  Developing long-term solutions to resolving gaps within the strategic network.

4.9 ECC has undertaken a significant amount of highway modelling through the different iterations of the spatial strategy development. ECC has identified a need to provide the following new highway infrastructure to deliver the planned growth around Maldon/Heybridge and Burnham on Crouch including a North Heybridge Relief Road; diverted A414 at Wycke Hill link road; key junction improvements; and wider improvement at Eves Corner (Danbury) and potentially in the long term at Hatfield Peverel/A12.

5. Financial Implications

5.1. There are no financial implications beyond those already stated in Annex 1 for ECC arising from this proposed response

6. Legal Implications

6.1. The production of the Local Plan is a matter for Maldon DC. The plan will now be considered by an Inspector at an examination in public. If ECC’s recommended changes are not accepted by Maldon DC then it will be necessary for ECC to attend the Examination to advocate for its recommended changes.

6.2. The content of the Local Plan is an important way to help ensure that development does not put strain on ECC services and to help ECC discharge its statutory duties as a local authority, such as its duty to ensure that there are sufficient school places available for children in Essex. It is therefore important to ensure that we seek to influence the process to ensure that polices reflect the needs of the Council as far as possible..

7. Staffing and other resource implications

7.1. No additional staffing resources are required to make a decision on this proposed consultation response. The required decision complies with employment legislation and relevant Council policies.

8. Equality and Diversity implications

8.1. An Equality Impact Assessment (EIA) has been undertaken by Maldon District Council in relation to its Local Development Plan (June 2013). The Plan aims to provide sustainable and well planned communities which promote social cohesion and provide necessary infrastructure and services for the local community.

8.2 The EIA concluded that the Local Development Plan would have a positive impact on age, disability, religion or belief, race, and socio economic groups, and no impact on pregnancy and maternity, sex, gender reassignment, and sexual orientation. The EIA stated that there would be no significant adverse impacts on equalities as a result of policies within the LDP. The EIA concluded that no changes were required to the Local Plan as a result of the EIA assessment. 8.3 It is not considered that any of the recommended ECC matters will have a disproportionate adverse impact on any groups of people with protected characteristics under the Equality Act 2010.

9. Background papers

9.1. The following documents have been used to inform the ECC response

Department for Communities and Local Government, National Planning Policy Framework (2012) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2 116950.pdf

Department for Communities and Local Government, National Planning Practice Guidance (2012) http://planningguidance.planningportal.gov.uk/

ECC, Essex Local Transport Strategy, June 2011 http://www.maldon.gov.uk/LDP/pre- submission/6%20Transport%20and%20Access/EB048%20Essex%20Local%20Tran sport%20Strategy.pdf

Maldon District Council, Equality Impact Assessment, June 2013 http://www.maldon.gov.uk/LDP/pre- submission/9%20Previous%20versions%20of%20the%20LDP%20and%20relevant %20documents/EB089%20Maldon%20District%20LDP%20Preferred%20Options%2 0Equality%20Impact%20Assessment.pdf

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