See report by the Head of Commercial Services.
105
Councillor Warnes (in respect of his spouse’s ownership of property at Mersea Road, Langenhoe) declared a pecuniary interest in this item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered a report by the Head of Commercial Services requesting the deletion of certain locations from Colchester’s Coastal Protection Belt (CPB) policy and map, following a review.
Beverley McClean, Coast and Countryside Planner, presented the report and, together with Karen Syrett, Place Strategy Manager, responded to Councillors questions.
Beverley explained that, as a result of a review a new Coastal Protection Belt (CPB) designation had been presented and discussed at Local Plan Committee on 7 February 2017. Four new areas of land were proposed for addition to the CPB and four areas were proposed for deletion. The proposed additions had been agreed but the Committee had sought further justification regarding the four areas which were recommended for deletion.
Details were provided to explain why the sea area below low water mark around Mersea Flats had been recommended for deletion from Zone 1 which was essentially on the basis that it did not fall within Landscape Character Type C, D, and E (which had a defined estuarine/coastal character) and it was not within a coastal change area likely to experience significant physical change as a result of inundation. As such, it did not satisfy criterion A or C in the revised CPB document. In addition, it was explained why three areas of land around Wivenhoe and Rowhedge in the vicinity of the Upper Colne Estuary had been recommended for deletion from Zone 4. The land at Bowes Road, Wivenhoe, the land to the north west of Wivenhoe and the land to the south/south east of Rowhedge all fell outside the Landscape Character Types C, D and E (which had a defined estuarine/coastal character), were not designated for any coastal ecological interest or maritime heritage interest and did not fall within a coastal change area likely to experience significant physical change as a result of inundation. As such they did not satisfy criterion A, B or C in the revised CPB document.
It was further explained that, although the four areas would no longer be within the CPB, they continued to be green field sites outside of any area designated for development and would still be afforded protection from inappropriate development. In addition it may be that some areas would also be protected by other designations such as the Colne Protection Belt being proposed in the Wivenhoe Neighbourhood Plan.
The Coast and Countryside Planner explained that the land the subject of proposed removal from the CPB had not met the Coastal Character criteria which had been used to define those areas meriting inclusion. She went on to explain that the Council was working with the Wivenhoe Neighbourhood Plan Group to identify an alternative approach for protecting the land to the south east of Wivenhoe to avoid inconsistencies between the Coastal Protection policies in the Local Plan and the Wivenhoe Neighbourhood Plan.
Julie Baker addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). She explained that residents of Dawes Lane, West Mersea had produced a report with supporting evidence demonstrating how the Dawes Lane site was subject to serious surface water flooding problems which had a negative impact on properties in the location. Residents were fearful at the prospect of a large development being built close to their homes and considered it was essential for an environmental impact assessment to be made
The Chairman passed the report submitted by Julie Baker to the Place Strategy Manager for consideration.
Councillor J. Young, in her capacity as the Essex County Councillor for the Wivenhoe St Andrew Division, attended and, with the consent of the Chairman, addressed the Committee. She was concerned regarding the deletion of land at Bowes Road, Wivenhoe from the Coastal Protection Belt and questioned whether this would impact on the Wivenhoe Neighbourhood Plan which had included the Bowes Road CPB designation within its evidence base. She considered the character of Bowes Road had remained unchanged and. As such, did not understand the proposal to change its designation.
The Coast and Countryside Planner explained that she had worked closely with the Wivenhoe Neighbourhood Plan Group and it would be possible for the site to be identified within the Neighbourhood Plan as being of value to the community and requiring protection. The recommendation to remove Bowes Road from the CPB did not imply that the character of the location had changed but was an acknowledgement that the CPB no longer protected coastal views.
David Cooper addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). He acknowledged the creation of a new Criteria A within the CPB policy and, as a consequence, the loss of CPB designation for land benefitting from coastal views. He referred to areas of undeveloped coastal farmland and requested clarification regarding sites for future generations to develop for housing.
Councillor Lilley attended and, with the consent of the Chairman, addressed the Committee. He referred to the land in Rowhedge which was recommended for removal from the CPB and the concern of local residents that this may lead to future development proposals for the site. He questioned the potential for the remaining protection measures to be subject to future legislative changes and asked whether it would be possible for the Committee to be prompted to reconsider the status of the four areas of land to be removed from the CPB should the protection measures lose their effectiveness.
The Place Strategy Manager confirmed that it was possible that future legislative changes may reduce the effectiveness of protection measures and, as such, the suggestion to review the status of the four areas of land in this eventuality was a valid one.
Councillor Liddy attended and, with the consent of the Chairman, addressed the Committee. He considered the omission of land with coastal views from the CPB was regrettable and that it would weaken the protection afforded to the sites in question, meaning it may be harder to resist proposals for development, especially if they were referred to an Inspector at appeal. He also referred to the decision by Tendring District Council to retain the designation in relation to land on the river slopes and questioned whether the differing recommendations were incompatible.
The Coast and Countryside Planner confirmed that she would continue to work with the Neighbourhood Planning Group as this would be a key document for the future against which planning applications would be determined.
Councillor Scott attended and, with the consent of the Chairman, addressed the Committee. She was a member of the Steering Committee for the Wivenhoe Neighbourhood Plan and, as such, was aware of the requirement for the Neighbourhood Plan to address the development needs of the community as well as protection needs of the coastal areas. She was frustrated that the Neighbourhood Plan had not yet been adopted and was also concerned that the changes to the CPB policy may be seen as subjective. With this in mind she welcomed the work undertaken in the context of the Neighbourhood Plan to form other protection measures. She also asked for clarification regarding the surveys undertaken in formulating the revised CPB policy.
The Coast and Countryside Planner confirmed that a Landscape Character Assessment had been used to standardise the evidence for the review of the CPB policy and views of the sites had been taken which had contributed to, what she considered to be, a robust evidence base. She did not consider that approval of the Neighbourhood Plan was being delayed but that it was necessary to ensure that the evidence would stand up to scrutiny.
Councillor Jowers acknowledged the concerns expressed by speakers but considered it was necessary for the CPB policy to be adequate to stand up to the appeal process. He was of the view that the land at Mersea was adequately covered by other protection measures and noted the concern regarding the site at Dawes Lane. He was particularly concerned regarding the multiple caravan parks which generated around 20,000 additional residents during the summer months. He referred to the former power station at Bradwell and potential future development of the nuclear power industry.
The Coast and Countryside Planner acknowledged the issues in relation to caravan parks and the misleading public impression that these sites were being promoted by the Council. She confirmed the need for the policy to be reviewed in order to ensure its ability to withstand challenge.
Councillor Fox referred to residents’ concerns in relation to the removal of CPB designations, especially given the value attributed to land with coastal views by both residents and visitors. He supported the suggestion for the land status to be reconsidered in the event of future changes which may weaken the protection measures but sought clarification as to how this would work in practice.
The Place Strategy Manager acknowledged the decision by Tendring District Council to maintain areas within its CPB policy and speculated that this was because that Council was relying on its pre-existing CPB policy dating from 1984.
Councillor Ellis acknowledged the importance of responding to residents’ views especially given the value placed on the areas of land referred to. He, nevertheless, voiced his support for the changes given the justification now provided to the Committee and the need for the policy to stand up to future scrutiny.
RESOLVED (EIGHT voted FOR and ONE ABSTAINED) that –
(i) The proposed deletions to the Colchester Coastal Protection Belt policy and map, together with the additions approved at the Committee’s previous meeting, be agreed
(ii) The Coastal Protection Belt Review be used to form part of the evidence base for the emerging Local Plan for Colchester
(iii) The status of the four areas of land deleted in (i) above be reviewed in the future in the event that legislative changes result in the effectiveness of the remaining protection measures being lost.