A report by the Assistant Director Policy and Corporate giving details of the progress of Neighbourhood Planning in Colchester Borough.
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The Committee considered a report by the Assistant Director Policy and Corporate giving details of the progress of Neighbourhood Planning in Colchester Borough.
Sandra Scott, Place Strategy Manager, presented the report and, together with Karen Syrett, Planning and Housing Manager, responded to members questions. She explained that the Neighbourhood Planning Regulations 2012 provided the legislative framework for Neighbourhood Plans (NHPs). The revised National Planning Policy Framework (NPPF) also introduced guidance confirming that, where policies were out of date, the significance of the NHP was greatly enhanced. It was explained that developers frequently tried to challenge Local Authorities’ five-year housing supply position to trigger the NPPF’s ‘presumption in favour of sustainable development’. However, for NHPs made within 2 years or less of the decision being made, authorities were only required to demonstrate a three-year supply of deliverable housing sites. In such cases the adverse impact of allowing development that conflicted with the Neighbourhood Plan was likely to significantly and demonstrably outweigh the benefits.
Within the Colchester Borough area there had been considerable NHP activity within several parishes, most of whom were continuing to progress with the challenging task. The making of the Boxted NHP and Myland and Braiswick NHP in 2016 were the first in Essex to reach the final stage and had benefitted from government funding. Similar funding was no longer available with each parish council having to apply for funding as they progressed from bodies such as Locality.
An overview of the activity in the Borough was summarised as set out below with more detailed progress outlined in the report:
• Boxted – made in 2016 and now part of the development Plan used for decision making;
• Myland and Braiswick – made in 2016 and now part of the development Plan used for decision making;
• Copford with Easthorpe – evidence gathering and scoping, consultation on Vision restarted in November 2018;
• Eight Ash Green – consultation on submission plan, including allocation for 150 dwellings, due to be completed by early 2019;
• Great Tey – early stages of evidence gathering and scoping;
• Messing – work abandoned;
• Marks Tey –awaiting Local Plan progress to inform approach to evidence gathering and scoping;
• Stanway – work abandoned;
• Tiptree – consultation on draft plan, including allocations for 600 dwellings, anticipated in late 2018;
• West Bergholt - consultation on submission plan, including allocations for 120 dwellings, anticipated in winter 2018/2019;
• West Mersea – evidence gathering and consultations undertaken with plan writing in progress;
• Wivenhoe – submission plan, including allocation of 250 dwellings, undergoing examination but delayed due to complexities of a directly relevant High Court challenge elsewhere.
The Council continued to provide significant support to the NHP groups, providing them with a named officer to advise and assist. In addition, the Council was responsible for the procedural work at Designation, Submission, Examination and Referendum stages. In some cases groups had applied to Locality for grants which had enabled them to engage consultants which provided an additional resource and was particularly helpful for technical work, such as site assessments.
David Cooper addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). He referred to the two housing sites allocated for 200 houses in West Mersea in the draft Local Plan and the concern this was raising. He also referred to the Council Leader’s Listening session when this was raised. He was concerned that the provision of 100 houses on each site would be considered unacceptable by an Inquiry Inspector. He was aware that a nearby site had suffered an increase from 65 units to 105 in the previous Local Plan Inquiry due to lack of density. The West Mersea Neighbourhood Planning Group had sought planning advice as a result of which AECOM had been instructed to review the case. The question of a single development site had been raised and a request had been made for this to be discussed with Colchester Planning Officers. He asked the Committee for assistance in facilitating such a meeting.
Councillor Peter Banks addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). He explained that he was the Chair of the West Mersea Neighbourhood Plan Steering Group. He sought clarification on a potential outline application for 200 dwellings on one of the sites allocated for housing in West Mersea. He asked the Committee about their compliance priority, whether it was to retain the two site allocations of 100 dwellings per site or the total allocation of 200 dwellings. He also asked for assurances regarding the refusal of the application on the grounds that it did not meet the desired number of dwellings or, in the event of its approval, whether there would be a restriction on further development on the second site.
John Akker addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). He referred to a problem with the work of the Committee, in that it was concentrating on ‘the bigger picture’ issues but that wasn’t the reality in places like Mersea. He explained that a plan had been put forward for Mersea but the one developer was going ahead and had published dates for meetings with the local community. He asked where the Council would stand in relation to planning applications coming forward and in relation to any subsequent appeal. He advocated the need for the Planning Committee and the Council to stand behind the Local Plan and that it will be defended. He considered a mistake had been made when the Plan was submitted in relation to the allocation of 200 dwellings and two sites. He was of the view that developers considered that the two sites could jointly accommodate 350 dwellings. He asked for one site only to be allocated and for the Neighbourhood Plan to also proceed on this basis.
Paul Knappett addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). He referred to the National Planning Policy Framework Neighbourhood Planning provisions and the fact that Mersea’s Neighbourhood Planning process had been slow to start work and, accordingly, the site allocations had been developed in the emerging Local Plan. He considered that circumstances had changed significantly and he considered Mersea’s Neighbourhood Plan was capable of being adopted ahead of Section 2 of the emerging Local Plan. He explained that the Mersea Neighbourhood Steering Group had been advised that it must remain compliant with the emerging Local Plan. He was therefore of the view that there was nothing to prevent the submission of speculative planning applications whilst the Steering Group was restricted to being inventive within the confines of the two allocated sites. He asked why the Neighbourhood Plan could not be allowed to identify for itself where to allocate the location of new homes.
Sarah Shehadeh addressed the Committee pursuant to the provisions of Meetings General Procedure Rule 5(3). She represented the Mersea Island Society and requested that only one site is considered for West Mersea which would be sustainable for the community’s current infrastructure.
The Planning and Housing Manager explained that the Plan had been submitted and, as such, it was not within the Committee’s remit to take out a site. The Council was looking at an increased housing target so it would be likely that even more sites would need to be allocated. She confirmed that Mersea was a District Centre, like Tiptree and Wivenhoe. Tiptree and Wivenhoe were at more advanced stages of their Neighbourhood Plan preparation, Wivenhoe had determined their growth themselves and the sites were reflected in the Local Plan. This accounted for 250 units plus a care home and part of the boundary was also within the garden community so further housing may be allocated within the boundary. Tiptree had allocated 600 new units, identified in broad locations for growth and the Neighbourhood Plan Group were looking at sites to actually allocate. Mersea had been behind this timescale and, as a consequence, the Borough Council had allocated the sites. She confirmed that applications could be submitted on allocated sites and any other land and, in considering applications, in advance of the Local Plan being adopted, weight could be given to emerging policies. The weight afforded was dependent on how advanced the Local Plan was, the extent to which there were unresolved objections and the degree of consistency of the policies with the National Planning Policy Framework. She was aware that City and Country were looking to promote their site for more dwellings along with community infrastructure and she understood they had previously agreed to 100 dwellings but she was of the view that the best way to secure the lesser number was through planning policy. The second site had emerged following the promotion of another site by Mersea Homes. She confirmed, however, that it was not possible to remove a site on the basis that another suitable one has come forward. Housing targets were minimum targets and were subject to change, locally and nationally. If an application was submitted before the emerging Plan was adopted, it could be refused on grounds of prematurity or conflict with emerging policies. She advocated the use of planning policies which set out what was expected for each site. In response to a question about the potential for the Neighbourhood Plan to be adopted before the Local Plan, she also confirmed that this wouldn’t arise because the Neighbourhood Plan had to be submitted to the Council for a conformity check and it needed to accord with strategic policies in the Local Plan.
The Place Strategy Manager confirmed that the examination would test both the sites and that this was the place to have the debate about one site or two.
Councillor Barber referred to the circumstance where authorities only being required to demonstrate a three-year supply where Neighbourhood Plans had been adopted and emphasised the need for unadopted Neighbourhood Plans to be completed in order to secure this benefit. He also asked what was being offered to provide assistance to parish councils with their neighbourhood planning process.
The Planning and Housing Manager explained that it was challenging for the planning team to support the various neighbourhood planning groups in the borough. She confirmed that there was no active promotion of support but requests for assistance would not be turned away.
Councillor Elliott referred to a planning application currently being considered for Tiptree and commented on the absence of concern from the Highway Authority regarding the traffic impact.
Councillor Ellis sympathised with the views expressed by residents from West Mersea and voiced his concern about the allocation of sites and the early submission of applications from developers. He asked whether there was any mechanism at all that could be used to amend the Plan to remove one of the sites, especially given the acknowledgement that additional sites would need to investigated in relation to Section 2 of the Plan. He also asked about assistance for Marks Tey Parish Council and whether officer could be allocated to assist them again.
The Planning and Housing Manager confirmed that if the Committee opted to revisit Section 2 of the Plan this would mean that more sites would be allocated due to the circumstance of the increasing housing target and this would also mean that it set the timetable back in order to accommodate a call for sites and further consultation. She further confirmed her view that the opportunity to remove one of the Mersea sites was at the examination, with the Inspector. She confirmed that she wasn’t aware that Marks Tey Parish Council had been in need of further assistance and suggested that the Council would be willing to respond upon submission of a request.
Councillor Luxford Vaughan sought an explanation of the Habitat Assessment judgement. She understood that Section 2 of the Plan could not undergo an examination until Section 1 had been completed and she was concerned that the Wivenhoe Neighbourhood Plan would be further delayed because of this. She referred to the work involved for parish councils in undertaking the Neighbourhood Planning work, despite the assistance given by the Council’s planning team members, and she was concerned about the incentive for local communities to undertake the work, given the mixed messages due to the current circumstances with the Plan.
The Planning and Housing Manager acknowledged the problem of mixed messages and that parishes were at different stages in the neighbourhood planning process. She confirmed that assistance would be given to parishes wishing to initiate this work. She confirmed that she anticipated Section 2 going to examination in Autumn 2019.
Councillor Warnes referred to Tiptree, which was a designated growth area but had definite access and traffic issues which needed to be addressed.
Councillor Arnold referred to the lack of resources within local communities to take on board neighbourhood planning work. Great Horkesley had taken advice and had opted to deliver what the community wanted through the Local Plan process rather than the neighbourhood planning route. He was therefore aware that neighbourhood planning did not suit every local community and not every parish council wanted to engage with the process. He was of the view that all the evidence presented to the Inspector at the examination of the Local Plan would be fully considered, including all the objections submitted by residents of West Mersea about the land allocations. He considered that the Inspector was there to listen to the arguments which had been put to this Committee and he cited previous examinations where directions had been issued to strike out certain elements of the Plan.
The Planning and Housing Manager confirmed that access issues in Tiptree was at the forefront of Essex County Council Highways Department and access issues had been identified as the key objective for the neighbourhood plan and were seeking to address the problems identified through the delivery of housing.
RESOLVED that the update on the progress of Neighbourhood Planning in Colchester Borough be noted.