Matter 1: Procedural and Legal Requirements Castle Point Borough Council Local Plan Inspectors Matters Issues and Questions (MIQs) MATTER 1: PROCEDURAL AND LEGAL REQUIREMENTS (8th April 2021) 1 Matter 1: Procedural and Legal Requirements Contents Issue: Whether all Statutory and Regulatory requirements have been met? ........................................ 4 Duty to Cooperate .................................................................................................................................. 4 Question 1 ........................................................................................................................................... 4 Question 2 ........................................................................................................................................... 6 Sustainability Appraisal ........................................................................................................................... 9 Question 3 ........................................................................................................................................... 9 Question 4 ......................................................................................................................................... 10 Question 5 ......................................................................................................................................... 10 Question 6 ......................................................................................................................................... 11 Question 7 ......................................................................................................................................... 12 Habitats Regulations Assessment ......................................................................................................... 12 Question 8 ......................................................................................................................................... 12 Question 9 ......................................................................................................................................... 13 Question 10 ....................................................................................................................................... 15 Question 11 ....................................................................................................................................... 18 Local Development Scheme .................................................................................................................. 19 Question 12 ....................................................................................................................................... 19 Community Involvement ...................................................................................................................... 19 Question 13 ....................................................................................................................................... 19 Climate Change ..................................................................................................................................... 26 Question 14 ....................................................................................................................................... 26 Equalities ............................................................................................................................................... 27 Question 15 ....................................................................................................................................... 27 Superseded policies .............................................................................................................................. 29 Question 16 ....................................................................................................................................... 29 2 Matter 1: Procedural and Legal Requirements Please note: Where the Council is proposing modifications to policies or reasoned justifications in the submitted plan these are detailed in the responses as follows: • Additional and new text in Red and underlined • Deleted text is shown by strike though 3 Matter 1: Procedural and Legal Requirements Issue: Whether all Statutory and Regulatory requirements have been met? Duty to Cooperate Question 1 Is there clear evidence that, in the preparation of the Plan, the Council has engaged constructively, actively and on an ongoing basis with neighbouring authorities and prescribed bodies on strategic matters and issues with cross-boundary impacts in accordance with section 33A of the 2004 Act? 1. Section 33(a) of the Planning and Compulsory Purchase Act 2004, requires the Council to actively consult and engage with other local planning authorities, the County Council and other prescribed bodies in the preparation of the local plan. 2. To support its response to the MIQs, the Council has produced an ASELA and Strategic Planning and Duty to Cooperate Topic Paper [DTC-008]. ASELA is the Association of South Essex Local Authorities, which consists of Basildon, Brentwood, Castle Point, Rochford, Southend on Sea and Thurrock Councils, plus Essex County Council. 3. ASELA was established in 2018, with a Memorandum of Understanding (DTC-004) and Statement of Common Ground (DTC-005). ASELA was established in part due to the failing under duty to cooperate of the 2016 version of the Castle Point Local Plan. 4. Since then, the Council has been an active partner in ASELA. It acts as the partnerships accountable body, and until the Covid-19 pandemic, hosted most meetings. Council officers lead on strategic projects, such as the South Essex Plan, housing delivery, digital technology, and connectivity, and participates right across the ASELA work programme. 5. ASELA established the Joint Officers Group to collaborate on the South Essex Plan and act as a forum for the discussion and consideration of cross boundary strategic planning issues. In addition, it is the forum through which evidence is jointly commissioned, which has helped inform the preparation of this plan. 6. South Essex has defined itself as a Housing Market Area and a Strategic Housing Market Assessment (SHMA) was completed for the area in 2016 (H-003) and updated in 2017 (H-006). The SHMA excludes Brentwood. Brentwood has its own SHMA, which has been used to inform its Local Plan which is in Examination (Brentwood SHMA Part One and Brentwood SHMA Part Two). The South Essex SHMA is under consideration for review, and as part of that review its relationship with the Brentwood SHMA will be explored. 4 Matter 1: Procedural and Legal Requirements 7. In the preparation of the plan, pre-submission, the Council held a round table duty to cooperate meeting in November 2018. This followed attendance at similar style meetings held by Chelmsford City Council in the preparation of their, now adopted, local plan1. 8. In addition, the Council held one-to-one meetings with each of the six South Essex Councils and Essex County Council. These meetings were minuted and has led to the agreement of Statements of Common Ground with Southend-on-Sea, Rochford and Brentwood. Meanwhile, Statements of Common Ground have been drafted with Basildon and Thurrock, but are outstanding at the time of writing. The outcomes of those duty to cooperate discussions are set out below in response to Question 2. 9. With regards to Essex County Council, the Council undertook a series of thematic meetings covering strategic planning, education, public health and social care, transport, flooding and minerals and waste. Essex County Council have additionally provided detail comments and suggested edits to the Plan, including the modifications. 10. In respect of the prescribed bodies, the Council has collaborated in the preparation of the plan, and where possible, having regard to resource availability, agreed statements of common ground. The outcome of these is set out below in response to Question 2. 11. Furthermore, as set out on pages 12 and 13 of the Topic Paper [DTC-008] the Council hosts and participates in a wide range of joint meetings with partners including through the Castle Point and Rochford Local Strategic Partnership and the Castle point Regeneration Partnership, the health bodies, police and blue light services, the voluntary sector, Homes England, business community and Environment Agency. All opportunities are taken to present, explain and discuss the Local Plan and consider the implications for partners and their views on the Plan. 12. As a consequence, the Council has a positive relationship with councils and prescribed bodies who have collaborated positively in the preparation of this plan. In addition, the Council consulted widely at Regulation 19 stage prior to the plan being submitted and offered duty to cooperate meetings will all Essex Councils prior to the submission of the Plan. 13. The Council has published three Duty to Cooperate Reports to take account of each stage of the plan reparation process: CON-001 - New Local Plan Duty to Cooperate Report 2018; CON-002 - New Local Plan Duty to Cooperate Report 2019 CON-003 - Duty to Cooperate Report 2020 1 https://www.chelmsford.gov.uk/_resources/assets/attachment/full/0/1395887.pdf 5 Matter 1: Procedural and Legal Requirements 14. None of the Councils nor prescribed bodies objected to the plan as a failing under the duty to cooperate failing. 15. The Council is satisfied that it has fulfilled the requirements