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Councillor Graham (in respect of his employment by Holmes and Hills Solicitors) declared a non-pecuniary interest in this item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered reports by the Assistant Director Policy and Corporate seeking agreement to the publication of the Colchester Braintree Borders Garden Community and the Tendring Colchester Borders Garden Community Issues and Options consultation documents and the Sustainability Appraisals and Strategic Environmental Assessments for an eight week period of consultation.
Christopher Downes, Planning Policy Officer, presented the report and, together with Karen Syrett, Place Strategy Manager, responded to members questions. It was explained that the principle of development of the Colchester Braintree Borders Garden Community (CBBGC) and Tendring Colchester Borders Garden Community (TCBGC) was identified in the joint strategic Section One of Tendring District, Colchester Borough and Braintree District Councils’ Submission Local Plans. In addition, Local Plan Policy SP9 specifically referred to development of Garden Communities at Colchester Braintree and Tendring Colchester Borders and required Strategic Growth Development Plan Documents (DPDs) be prepared to guide their delivery. The emerging CBBGC and TCBGC Plans, which were subject to the Issues and Options consultation, would be the Strategic Growth DPDs referred to in the Local Plan.
It was considered that the carrying out of an Issues and Options consultation on the planning of the Garden Communities prior to the Local Plan examination would serve to demonstrate progress on the Section One proposals whilst at the same time providing the Councils with an opportunity to carry out an additional, early stage of consultation with local communities and stakeholders. Two further stages of consultation would accompany the Preferred Options stage and Publication stages and, additionally, local communities affected by the proposals would be proactively engaged to ensure their views were fed back into proposals as well as ensuring they were kept informed of progress which would be facilitated by independent Community Enablers. The consultation documents gave details of the vision for the new communities, the strategy for delivery and provided a summary of the evidence base. It was also explained that the Garden Communities were being overseen both by the strategic planning partnership agreed between Colchester, Braintree, Tendring and Essex Councils, as well as North Essex Garden Communities Ltd (NEGC Ltd). NEGC Ltd was jointly owned by the four Councils to drive the delivery of the three Garden Communities and secure investment in enabling infrastructure across the wider area. Through NEGC Ltd, the Councils would act as the ‘lead developer’, having more control over type of development, design and rate of delivery as well as the ability to commit to an ‘infrastructure first’ approach. This would ensure that transport improvements (including new roads), schools, health and leisure facilities were developed ahead of or alongside new housing, to adequately serve the needs of the new community and to minimise any adverse impacts on existing communities. This innovative delivery approach would also give the Councils a key role in attracting investment and businesses to assist in the creation of vibrant, thriving and sustainable communities.
It was intended that the North Essex Garden Communities Charter would be embedded into the planning and delivery of the Garden Communities, providing a set of Principles against which strategies, policies and proposals could be monitored. Furthermore, the development potential of the Garden Communities had been explored in Concept Framework studies which had been published as part of the evidence base. These studies looked at the area of search identified in the Local Plan for the Garden Communities, suggesting the distribution and location of land uses and associated infrastructure that could be accommodated to meet the aspirations of the North Essex Garden Communities Charter as well as emerging Local Plan policies.
The Concept Frameworks identified an overall capacity for up to 24,000 homes within the CBBGC and up to 7,500 homes within the TCBGC with the following common key attributes:
• Distinct development parcels each with its own characteristics and each with a particular role to play in the new community as a whole. Each of these ‘neighbourhoods’ serviced by essential community infrastructure, all within walking distance, including educational establishments, local shops, public transport services, employment opportunities and recreational facilities.
• Green buffers that provide visual and physical separation between new development and existing communities; establishing an attractive landscape setting for the new development; providing space for functions such as storm water management; and creating opportunities for formal and informal recreation, including enhanced cycle and footway links to surrounding settlements.
• Generous amounts of accessible green spaces and landscaping, providing opportunities for recreation as well as creating a distinctive, verdant townscape.
With the following additional key attributes within the CBBGC:
• Rerouting of the A120 to a new alignment between Braintree and Marks Tey, removing strategic through-traffic from passing through the centre of Marks Tey and thereby improving the living environment and cohesiveness of the existing community.
• Rerouting of the A12 between Feering and east of Junction 25 to a new alignment to the south of the Garden Community.
• An opportunity to relocate the railway station to increase capacity and frequency of services.
• New employment areas between the railway and the old A12 alignment, and separately close to the new junctions on the A12 and A120.
• Five large new residential neighbourhoods around a new Town Centre, separated by broad green corridors connecting to open countryside.
• Sites for up to nine new primary schools and three new secondary schools.
• Sites for future health provision to service the needs of the future settlement.
• A rapid transit public transport spine through the centre of the Garden Community connecting a new Park and Ride site near the A12, new employment areas, the new Town Centre and the settlements local centres with Colchester, Sudbury, Braintree and the wider north Essex area.
With the following additional key attributes within the TCBGC:
• A new Country Park at Salary Brook incorporating substantial amounts of additional land to that currently designated as a Local Nature Reserve.
• A new link road from the A133 to a new junction on the A120.
• An employment area close to the A120 to the east of the new link road.
• Land for the expansion of the University’s Knowledge Gateway to the north of the A133.
• Land for the expansion of the University Campus to the east of Brightlingsea Road south of the A133.
• Two residential neighbourhoods north of the A133 separated by a broad green corridor connecting Salary Brook to open countryside.
• Smaller-scale, lower density areas of housing development close to Crockleford Heath.
• Mixed use centres close to the A133, the proposed expansion of the University and to each proposed new neighbourhood.
• Sites for up to four new primary schools and a new secondary school.
• A rapid transit public transport spine through the centre of the Garden Community connecting a new park and ride with the A120 and A133, employment areas, the mixed use centres and the University with Colchester Town Centre and the wider north Essex area.
Within the document consultees would be asked their opinion on what is perceived to work well in the Concept Framework and also what does not work as well whilst the inclusion of the spatial approach was intended to provoke discussion and would be refined as the Plans progressed. The consultation responses would play a key role in shaping the ‘Preferred Options’ stage which would set out the Councils’ preferred strategies and approaches to addressing the planning issues in the form of a draft Plan. The Preferred Options would be subject to formal public consultation which was anticipated to take place in summer 2018.
Rosie Pearson, on behalf of Campaign Against Urban Sprawl in Essex (CAUSE), addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). She considered that money was being wasted on the consultation, given the previous consultation had only recently been concluded, CAUSE’s representations had not been taken into account and the Planning Inspector had not yet issued a determination. She considered there was no need for the consultation at this time, particularly given the programming of the Garden Community proposals towards the end of the plan period. She continued to be concerned about the lack of infrastructure at Marks Tey and the outcome of the consultations on the routes for the A12 and A120 were still awaited. She was of the view that a new railway station was unlikely to be built while the estimated costs were increasing. She was also sceptical about the plans for a rapid transport system. She was of the view that the consultation should be postponed until after the Inspector had agreed the principle at which point there would be more certainty about the proposals. If the consultation proceeded she considered it likely that CAUSE would advise its supporters to be cautious in responding to the consultation questions. She asked the Committee to work with local people not against them.
The Planning Policy Officer explained that the consultations did not involve any commitments on the part of the Councils whilst delaying the consultation may lead to risks in relation to the delivery of the draft Local Plan within the proposed timescales. He was also of the view that there were benefits to be gained in engaging with community members early in the process. In addition the consultations did not involve any detailed proposals whilst the infrastructure first approach would involve longer lead in times which may be jeopardised if the consultations were delayed. He also considered there were merits in the Councils adopting a proactive approach which would be of benefit in planning terms and would avoid poor infrastructure provision which had been made in the past. He added that both Essex County Council and Highways England were fully aware of the consultation proposals.
Alan Walker, on behalf of Marks Tey Parish Council, addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). He referred to views expressed by residents of Marks Tey who were against any expansion of the community but considered that the role of the Parish Council was to be in a position to influence any development which did come forward. The intention of Marks Tey Parish Council was to ensure that they worked in partnership to ensure the proposals were innovative and were of benefit to the community. However, there was concern about the delivery of the proposals as envisaged. He confirmed that the Parish Council would respond to the consultation and confirmed that the Neighbourhood Plan would be adjusted to reflect the proposals. He asked whether the proposals for the Garden Community would influence Highways England in relation to the options for the routing of the A12, he questioned whether improvements to the A120 would start prior to the commencement of the Garden Communities and speculated whether the proposals would give a light touch to existing communities. He believed that residents wanted to interact with the proposals and to influence the outcomes. He commented that Colchester was the only council involved in the proposals which did not have political consensus and he was of the view that for Colchester’s largest political party to be at odds with the proposals was a significant risk factor in the successful delivery of the proposals. He advocated an all-party consensus to work for the good of the whole community.
Andrea Luxford-Vaughan addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). She considered the proposals were being considered too early in the process and should be delayed until the outcome of the Planning Inspector’s examination was known. She considered there were no options for consideration and that residents were of the view that their views were being ignored. She speculated that the Council was attempting to rush through the consultation in order to circumvent the regime set out in the Government’s proposals on measuring housing need. She considered that the views of Wivenhoe Town Council had not been taken into account, contrary to what she had been led to believe. The proposals contained in the documents had already been rejected by the Town Council and were therefore unlikely to be successful. She considered that Tendring District Council had been successful in not complying with the Local Plan regime set out by the Government and she advocated the adoption of this approach by Colchester. She was of the view that the University of Essex would be unwilling to agree with proposals for a link road or bypass through the campus. She objected to illustrations depicting trams on the basis that this means of transport had been acknowledged as unviable. She sought postponement of the proposals and for them to be considered at a meeting of the full Council with the decision being the subject of a named vote. She considered that councillors needed to give more scrutiny to the issues presented to them by officers and consultants and for the Council to challenge the approach adopted by Tendring District Council whereby it was not delivering its required housing target and opting to jointly develop on its border with Colchester. She questioned the deliverability of up to 40,000 new homes in the Borough and explained that Wivenhoe Town Council had found numerous grounds to question the soundness of the draft Local Plan.
The Chairman explained that the report on the consultation was not required to be submitted to a meeting of the full Council. However, a report seeking determination of the final version of the Local Plan would be presented to full Council following the outcome of the examination by the Planning Inspector in 12 to 18 months’ time. He further confirmed that the reports before the Committee at this meeting did not set out the proposals in their final form and did not bind the Committee to particular details. He also confirmed that a named vote for such a decision was not a requirement of the Council’s consideration.
The Committee members gave full and detailed consideration to the report and the comments made by the speakers.
Some members of the Committee, whilst welcoming the information contained in the reports, were of the view that the consultation proposals were too premature, particularly because the outcome of the route options for the A12 and the improvements to the A120 were still unknown and the principles in relation to the development had yet to be established. The view was expressed that an adequate economic case had not been made for either of the two Garden Communities and questions remained regarding the employment opportunities. It was not considered appropriate and may prove to be a poor use of funds to consult on plans which may not receive approval. The appropriate time for consultation was considered to be after the Inspector’s determination of the draft Local Plan when the framework for the development had been confirmed. Concern was also expressed that an immediate consultation exercise was likely to lead to community disengagement and it would be acceptable to wait for a period of four to five months to a later stage in the process. This would also have the benefit of avoiding any question of wasting valuable funds.
Reference was also made to the duration of the proposed consultation , given that it extended through the festive period and generally Committee members were of the view that, should the consultation receive the Committee’s approval, consideration needed to be given to extending the consultation dates to accommodate the loss of time over the Christmas and New Year holidays.
The Place Strategy Manager explained that the development and consultation proposals contained in the reports before the Committee had been prepared in the context of previous representations to the Committee seeking further detailed information upon which to base the Committee’s decision making. She considered that the reports demonstrated that these comments had been listened to and were being acted upon. She considered that the consultation exercise would provide valuable opportunities for meaningful discussions with residents and communities as had previously been the case in relation to workshop events which had taken place in relation to East Colchester. As a result of these workshops significant changes had been made to the proposals which illustrated the capacity for consultation to influence. She considered that a consultation would also provide opportunity to influence Highways England in relation to the A12 options and that it would accord with the engagement criteria built into the Garden City Charter. She was of the view that the question for the Committee to consider was ‘why not consult?’ rather than ‘why consult?’ so that the Council could take the proposals forward
Councillor T. Young, in his capacity as Portfolio Holder for Business and Culture (and Deputy Leader of the Council), attended and, with the consent of the Chairman, addressed the Committee. He considered that now was the right time to put the proposals out to consultation for the reasons set out by the Place Strategy Manager. He also welcomed the comments made by Parish Councillor Alan Walker advocating a consensus approach to get the best result for the whole of the Borough. He hope all members of the Committee would be on board with a joint approach to the decisions before them as he considered it was vital that the decisions on the important issues, such as design, density, transport, health and education facilities, growth and job opportunities, were the right ones. He also referred to the energy and resources which the Government was also putting into the proposals and was of the view that it was unlikely that they would not be supportive of the developments proceeding. He acknowledged the concerns of residents in relation to housing numbers but referred to the local housing crisis in relation to the numbers of people seeking homes in the area.
Other members of the Committee welcomed the detailed information provided in the reports and were of the view that residents wanted to be involved in the process and to influence the development proposals and it was therefore right to include the community in another consultation exercise at this stage. The commitment already placed in the Garden Community proposal by the Government had been considerable and it was appropriate for community members to be given the opportunity to state their views on roads, rapid transfer options and employment. The view was also taken that the draft Local plan had been approved by the Committee for submission and, as such, the Committee members ought to be confident that its decision had been based on sound advice and was therefore likely to be considered sufficiently robust by the Planning Inspector. Reference was also made to the joint nature of the proposed consultation, the duty to co-operate with neighbouring councils and that the Committee members needed to be mindful of simultaneous decisions to proceed with the public consultation by Braintree and Tendring Councils. The view was also expressed of the opportunity to influence Highways England in relation to the routing options for the A12.
The Place Strategy Manager confirmed that it was for Braintree and Tendring to determine for themselves whether to proceed with the joint consultation within their own areas. She conceded this could potentially lead to confusion for residents. She also explained that no specific date had been confirmed for the examination by the Planning Inspector and, in any event, an examination, once started may be subject to suspension or deferral which may impact on anticipated determination dates. She went on to explain that, the proposed period for the consultation (which was not a statutory one) was eight weeks and, as such, was already planned to be longer than the normal six week statutory requirement.
In response to specific questions confirmed that Community Enablers had been commissioned by the three Councils to assist Parish Councils to engage with the planning process and had been sourced from Community 360 (formerly Colchester Community Voluntary Service) and the Rural Community Council for Essex.
During the course of the discussion a number of members of the Committee asked for consideration to be given to ways in which joint committee discussions / interactions could be formulated to assist with the decision making processes.
RESOLVED (FIVE voted FOR and FOUR voted AGAINST) that –
(i) The Colchester Braintree Borders Garden Community Issues and Options document and the Tendring Colchester Borders Garden Community Issues and Options document both be approved for publication and consultation over a ten week period from 13 November 2017 to 22 January 2018 and an appropriate minor amendment be made to the Local Development Scheme to reflect these amended dates;
(ii) The Sustainability Appraisal/Strategic Environmental Assessments be approved for consultation;
(iii) Authority be delegated to the Place Strategy Manager to make minor revisions to the documents prior to publication.