Draft Schedule of Main Modifications to Section 2 Colchester Local Plan

Ended on the 18 November 2021
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(2) MM1

Whole plan

Modification

Correct all references to 'Garden Community' to reflect Section 1 plan now provides for one Garden Community rather than three. Additionally, delete all references to Colchester Braintree Borders Garden Community.

Reason

Conformity with adopted Section 1.

 

 

MM2

Whole plan

Modification

Amend all references to international sites, European sites and Natura 2000 sites to habitats sites.

Reason

To ensure consistent wording throughout the plan. The Glossary of NPPF 2019 defines habitats sites.

 

 

(1) MM3

Policy SG1: Colchester's Spatial Strategy

Modification

Throughout the Borough, growth will be located at the most accessible and sustainable locations in accordance with the spatial strategy for North Essex set forth in Policy SP36 in Section One and with the spatial hierarchy set out in Table SG1. The spatial hierarchy ranks areas of the Borough in order of their sustainability merits and the size, function and services provided in each area. The centres hierarchy is set out in policy SG3.

Development will be focused on highly accessible locations to reduce the need to travel. Development will be supported where a real travel choice is provided and sustainable travel for different purposes is promoted throughout the day.

This spatial hierarchy focuses growth on the urban area of Colchester, reflecting its position as the main location for jobs, housing, services and transport. Within this urban area, the Central Area of Colchester including the Town Centre is the most sustainable location for new development given that it can accommodate higher densities reliant on its good access to public transport and concentrated mix of uses which minimise the need to travel. The surrounding built up, North, South, East and West (including Stanway) urban areas of Colchester provide the next sub-level of well connected, sustainable locations for growth. The next tier of preferred growth includes a Garden Communityies straddling the boundaryies with Tendring District Council adjacent authorityies and providing a new greenfield sites in sustainable communityies which will grow gradually, over time, extending beyond the plan period. The second tier also includes existing Sustainable Settlements within the Borough most of which are planned for appropriate growth.

In the remaining Other Villages and Countryside of Colchester, new development in the open countryside will only be permitted in exceptional circumstances to preserve be required to respect the character and appearance of landscapes and the built environment and preserve or enhance the historic environment and biodiversity to safeguard the rural character of the Borough.

Reason

Correct policy reference to Section 1 Plan;

In response to Mersea Homes representation. 'The word 'highly' is not necessary given the relative accessibility of locations within the various tiers of the Spatial Strategy.';

Correct Garden Community reference; and

Update to reflect the approach to rural development.

 

 

(2) MM4

Policy SG2: Housing Delivery

Modification

Update policy as follows:

The overall distribution of new housing, as shown in Table SG2, is guided by the settlement hierarchy set out in the Spatial Strategy and Policy SG1. New housing development will be focused on the following key areas:

  • Colchester urban area (Place policies for Central, North, South, East and West Colchester)
  • Tendring/Colchester Borders Garden Community (Section 1 Policy SP98)
  • Colchester/Braintree Borders Garden Community (Section 1 Policy SP9)

Detailed decisions on the location, type and level of development to be carried out in the Garden Commuunityies will be made through a joint plans to be agreed with Tendring District Council the relevant local planning authority, either Braintree (west) or Tendring (east), as outlined in Section 1 of this plan.

Reason

Addresses deletion of Colchester Braintree Borders Garden Community

 

 

(13) MM5

Table: Colchester's Housing Provision

Modification

Add Table Number SG2

Amend Table SG2 as follows - see Appendix 1

Amend Tendring Colchester Borders housing figure from 1,250 to 1,100 to 1,250 to reflect the range in the approved Section 1. Delete 1,350 homes for Colchester/Braintree Borders Garden Community.

Add 100 units to Stanway New Allocations total to reflect modification to WC2 increasing Lakelands West from 150 to 250.

Remove 200 units from Stanway New Allocations following modification to remove former Sainsburys Site following granting of planning permission.

Update Colchester Urban Area New Allocations to be consistent with other main modifications relating to Vineyard Gate, ABRO Site and Place Farm.

Include Extra Care Housing figure noted separately in the table within the Colchester Urban Area New Allocations

Tiptree shown as 326 existing commitments and 400 allocations required

Layer de la Haye new allocations figure updated to reflect additional allowance for affordable housing as outlined in Statement of Common Ground with Tollgate Partnership

Existing commitments figures updated to reflect latest available data regarding planning permissions following completion of 2020/21 monitoring period which has a consequential change for some of the new allocations numbers (amended to avoid double counting)

Add note to the Table:

Note SP3 in Section One refers to the housing supply period of 2013-2033 therefore refers to a higher supply total of 18,400. There have been 7,804 new dwellings completed since 2013/14 which when added to the supply of 11,895 results in a total of 19,699 units. 4,075 dwellings have been completed since the Local Plan was submitted in 2017.

Reason

Correct formatting error

Addresses modification of Tendring Colchester Borders figure and deletion of Colchester Braintree Borders Garden Community

Reflect Statements of Common Ground with O&H on Lakelands West and Tollgate Partnership on Layer de la Haye

Provides a factual update to include the most up to date housing figures upon adoption (Main)

Additional note to the table provides consistency with 2013-33 time period of the plan agreed through adoption of the Section One plan and agreed in Statement of Common Ground with Essex County Council

 

 

MM6

Policy SG3: Economic Growth Provision

Modification

The Local Planning Authority will encourage economic development and have allocated 39.7 32 hectares of land to plan for the delivery of B use class employment land (principally Class B2, B8 uses, supporting Class E uses and any associated employment generating sui generis uses) in Colchester Borough up to 2033. An additional 4.5 3.5 hectares of employment land is expected to come forward in Colchester within the Tendring Colchester Borders Garden Communitiesy with a further 25 hectares to be allocated in the overall Garden Community for development post-2033.

Reason

Update to reflect revised employment land allocations;

Changes to use class terminology

Correct Garden Community reference.

 

 

(2) MM7

Table SG3: Colchester Employment Land Supply 2017-2033

Modification

See Appendix 2 which updates the figures the change reflect:

- Reductions of Stanway allocations
- Deletion of Colchester Braintree Borders Garden Community
- Reinstatement of employment land at Marks Tey

Reason

Figures updated for accuracy to reflect latest planning permissions and Statement of Common Ground with O&H.

 

 

(2) MM8

SG4: Local Economic Areas

Modification

The Local Economic Areas as defined on the policies maps and listed in policy tables SG3 and SG4, will be safeguarded primarily for B class uses and office use within E class where appropriate to provide, protect and enhance employment provision in a range of locations across the borough to enable balanced job and housing growth. Planning permission will be granted for the redevelopment or change of use for non-Class B uses where:

i) it can be demonstrated that there is no reasonable prospect of the site concerned being used for Class B purposes; and

ii) The supply, availability and variety of B use class employment land is sufficient to meet Borough and local needs; and

Reason

Update in light of changes to Use Classes terminology

 

 

(1) MM9

Paras 12.49 and 12.50

Modification

12.49 Tollgate competes with Colchester Town Centre for comparison goods expenditure. This is likely to be further exacerbated intensified by two as work has commenced to implement a schemes for additional development of town centre uses allowed on appeal. Another proposal for a large retail led expansion is currently the subject of an appeal. Accordingly iIt is important that planning policy for Tollgate District Centre ensures that it enables it to fulfil it plays a subsidiary position to the Town Centre in the centre hierarchy as set out in Policy SG5 and Table SG5a. Its role and function as a district centre would be enhanced through the introduction of new services and/or community facilities.as opposed to further new retail development.

12.50 To help protect the Centre Hierarchy with Colchester Town Centre at the apex and to manage the potential impacts of any further retail and leisure growth at Tollgate on the Town Centre, the local impact thresholds set out in the 'Impact Assessments Thresholds' table below and the requirement for a Retail Impact Assessment will also apply to proposals within the Tollgate District Centre (including changing of use or variation of conditions). This will need to demonstrate that there will not be any significant adverse impacts on the Town Centre (and /or any other defined centre) as a result of proposals within the Tollgate District Centre.

Reason

Modify explanatory text related to the deletion of text in SG6 requiring impact assessments at Tollgate District Centre.

 

 

(2) MM10

Policy SG6: Town Centre Uses

Modification

Proposals for town centre uses that are not within a defined centre and are not in accordance with the Local this Plan, including proposals for a change or intensification of use, or variation of a planning condition, will need to demonstrate that a sequential approach has been undertaken to site selection as required by national policy.

Applicants should demonstrate flexibility on issues such as format and scale. Sites should be assessed in terms of their availability, suitability and viability for the broad scale and type of development proposed; and only when alternative sites have been discounted should less sequentially preferable sites be considered. Only when in-centre sites are not suitable and/or available should edge and then out of centre sites be considered.

In cases where the Local Planning Authority are satisfied that the sequential test has been met, proposals will be supported where they also comply with the requirements set out in criteria (i- vi below).

i) The pProposals for main town centre uses in or on the edge of centres areis of a type, proportion and scale appropriate to the role and function of the centre and would not threaten the primacy of Colchester Town Centre at the apex of the centre hierarchy, either individually or cumulatively with other committed proposals, and;

ii) The pProposals for main town centre uses in or on the edge of centres areis suitable to the town / district centre function and maintains or adds to its viability and vitality and enhances the diversity of the centre without changing the position of the centre within the overall hierarchy and;

iii) Proposals would not give rise to a detrimental effect, individually or cumulatively, on the character or amenity of the area through smell, litter, noise or traffic problems and

iv) The proposal would not have a significant adverse impact on the vitality and viability of Colchester Town Centre and/or any other defined centre either individually or cumulatively with other committed proposals and;

v) The proposal would not have a significant adverse impact on committed and / planned public or private investment in Colchester Town Centre and /or any other defined centre either individually or cumulatively with other committed proposals and;

vi) In relation to criteria (iv) and (v) above an Impact Assessment must be provided where the proposal;

  1. In any centre eExceeds the thresholds set out in table SG6 below, or;
  2. Where the proposal is within Tollgate District Centre and exceeds the thresholds set out in table SG6 below or;
  3. Where the Council considers that there are potential impacts arising from the proposal cumulatively with other committed development.

Reason

Clarify reference to Local Plan

cross reference to national policy

Paragraph re-worded for clarity and to ensure consistency with terms in the NPPF 2012.

Clarify that criteria i and ii relate specifically to proposals in and on the edge of the Town and District Centres

Clarify that the centres referred to in criteria iv and v are 'defined' centres

Impact thresholds modified to provide greater flexibility in accordance with national policy

Deletion of distinctive treatment of Tollgate Centre which is not in accordance with national policy on centres

 

 

(1) MM11

Table SG6: Impact Assessment Thresholds

Modification

Impact Assessments Thresholds - see Appendix 3

Reason

Updated to increase clarity

 

 

(1) MM12

Policy SG7: Infrastructure Delivery and Impact Mitigation

Modification

Add the following after the paragraph that begins "Developers will be expected to contribute towards the delivery of relevant infrastructure.":

Measures required to mitigate the impacts of recreational disturbance on habitats sites will be delivered as detailed in the adopted Essex Coast Recreational disturbance Avoidance and Mitigation Strategy.

Reason

Update to reflect the adopted Essex Coast RAMS & Statement of Common Ground with Natural England (SCG1).

 

 

(3) MM13

Policy SG8: Neighbourhood Plans

Modification

Revise wording of Policy:

Neighbourhood Plans are being prepared for Eight Ash Green, Marks Tey, Stanway, Tiptree, West Bergholt, Wivenhoe and West Mersea.

Once a Neighbourhood Plan is made, this becomes part of the Development Plan. In cases where a Neighbourhood Plan fails at any time prior to being made, responsibility for all planning matters within that plan area will revert back to the Local Planning Authority.

Neighbourhood Plans have been made for Boxted, and Myland and Braiswick, Wivenhoe, West Bergholt and Eight Ash Green and these now form part of the Development Plan for Colchester.

Neighbourhood Plans are required to be compliant with the following Strategic Policies in this Plan: Section 1 Policies SP1-9 and Section 2 Policies SG1-8, ENV1-5, CC1 and PP1.

Reason

Corrections for clarity and to ensure Policy remains up to date for life of plan.

 

 

(1) MM14

Para 13.3

Modification

Plans or projects, not assessed through the Local Plan, but which after screening, may have a likely significant effect on a European site will require appropriate assessment under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) ('the Habitats Regulations'). Accordingly,

Where a proposal is likely to have a significant effect on a habitats site (alone or in-combination) the local planning authority will make an appropriate assessment of the implications of the proposal for the habitats site(s) in view of the site(s) conservation objectives. Applicants will be expected to provide information for the purposes of the Habitat Regulations Assessment. The Local Planning Authority will only grant planning consent plans or projects where it can be ascertained that the proposal will not adversely affect that they will have no adverse effects on the integrity of a habitats European site, unless the exceptional requirements of Regulations 62 and 66 of the Habitats Regulations relating to the absence of alternative solutions, imperative reasons of overriding public interest and provision of compensation have been met.

Reason

Clarification of terminology

 

 

MM15

Para 13.5

Modification

Insert following paragraph to replace paragraph 13.5:

The Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) Strategy Document was adopted in 2019 and SPD was adopted in 2020. The Essex Coast RAMS, which has the brand name Bird Aware Essex Coast, aims to deliver the mitigation necessary to avoid adverse effects on the integrity of habitats sites from the in-combination impacts of residential development in Essex. The Essex Coast RAMS identifies a detailed programme of strategic avoidance and mitigation measures which are to be funded by developer contributions from all qualifying residential development within the Zones of Influence as defined in the adopted RAMS.

Reason

To update the plan on progress with the Essex Coast RAMS and as agreed with Natural England (SCG1).

 

 

MM16

Para 13.7

Modification

All development proposals should initially be assessed to establish the likely presence or absence of Protected Species or Species /Habitats of Principal Importance on the development site. This may be through a Phase 1 Habitat Assessment combined with site visits. Where there is a confirmed presence, or reasonable likelihood, of a legally protected species or Species of Principal Importance, on an application site (or where present on adjacent land) and where the species is likely to be affected then detailed ecological surveys should be carried out at the appropriate time of year in accordance with current best practice. Applicants will be required to follow the mitigation hierarchy and demonstrate that adverse impacts upon the species have been avoided. Where impacts cannot be avoided a detailed Ecological Enhancement and Mitigation Plan should be prepared and submitted and agreed with the Local Planning Authority. Where ecological assessments are required, a biosecurity protocol method statement should be included to ensure the introduction of invasive non-native species is prevented. Where district licensing schemes exist, applicants can fulfil their legal obligations regarding protected species by participating in the district licensing scheme. Mitigation must provide net gains for biodiversity and conform to the requirements of relevant legislation and Government Standing Advice.

Reason

To provide further clarity, as shown in the SoCG with Environment Agency (SCG2).

 

 

(1) MM17

Para 13.8

Modification

Where Priority Habitats are likely to be adversely impacted by a proposal, the developer must demonstrate that adverse impacts will be avoided and impacts that cannot be avoided are mitigated on-site and supplemented with measurable net gains for biodiversity. Where residual impacts remain, off-site compensation and enhancement may be required so that there is a measurable net gain and no net loss in quantity and quality of Priority Habitat in the Borough.

All development proposals must comply with current requirements and best practice for measurable biodiversity net gain and Nature Recovery Strategies and Networks. As a minimum, 10% biodiversity net gain is required or as otherwise indicated in policy and legislation. This is in addition to the requirement to follow the mitigation hierarchy. Biodiversity net gain requirements must not undermine the existing range of protections, in planning policy and legislation, for irreplaceable habitats and protected sites. As part of the planning process a calculation in line with the latest Natural England Biodiversity Metric should be submitted and strict adherence to the mitigation hierarchy should be used to ensure harm is avoided in the first instance, that provision for a minimum 10% measurable net gain in biodiversity is made onsite wherever possible and that offsite compensation with a long term management plan is used as a last resort. All projects should have regard to reducing the impacts of climate change and delivering multiple benefits in terms of but not exclusive to habitats, carbon storage and Natural Flood Management.

Reason

Update on biodiversity net gain. Modification agreed with Environment Agency (SCG2).

 

 

(2) MM18

Para 13.9

Modification

13.9 Protected Hedgerows must be assessed by the Local Planning Authority's Landscape Officer against criteria in the Hedgerow Regulations 1997. Where a hedgerow is deemed to be 'Important' under the Hedgerow Regulations, the developer must demonstrate that adverse impacts upon the important hedgerow will be avoided. This is necessary as the loss of both 'Important' and other significant hedgerows protected important hedgerows is difficult to mitigate against as they cannot easily be recreated as either a landscape or ecological feature.

Add the following as a new paragraph to follow paragraph 13.9:

The European Water Framework Directive imposes legal requirements to improve the water environment. All waterbodies must achieve 'good ecological status' by 2027, prevent deterioration of surface water and groundwater and seek enhancements where rivers, lakes and estuaries are not achieving good ecological status or potential. The local planning authority supports the directive and proposals which seek to further these aims where it is possible to do so. In pursuit of this aim, proposals should seek to minimise disturbance to riverbeds. Proposals are encouraged to be in compliance with the Anglian River Basin Management Plan (2015) or its successor, which addresses pressures on the water environment and whose environmental objectives are legally binding on all public bodies whose decisions affect the quality of the water environment.

Reason

Statement of Common Ground with Environment Agency (SCG2).

 

 

MM19

Para 13.13

Modification

Policy ENV1 aims to control development outside of settlements to protect open stretches of countryside around and between existing settlements, to protect landscape character, to prevent coalescence and retain settlement identity. Any development in the countryside, i.e. land outside of settlement boundaries, must be compatible with local landscape character and setting. Development will be supported provided it does not adversely impact on the intrinsic character and beauty of the countryside, the relationship between and the separate identities of settlements, visual amenity, or the factors that contribute to valued landscapes, whilst also complying with other relevant policies of the Local Plan. Proposals are required to have regard to Colchester's Landscape Character Assessment and the Council's adopted Landscape Guidance for Developers alongside any other relevant or updated evidence, in order to identify and evaluate the effect of a proposed development on the character, value and sensitivity to change of a proposed site and its setting to help conserve the borough's landscape character.

Reason

To provide further clarity.

 

 

(4) MM20

Policy ENV1: Environment

Modification

The Local Planning Authority will conserve and enhance Colchester's natural and historic environment, countryside and coastline. The Local Planning Authority will safeguard the Borough's biodiversity, geology, history and archaeology, which help define the landscape character of the Borough, through the protection and enhancement of sites of international, national, regional and local importance. The Local Planning Authority will require development to be in compliance with, and contribute positively towards, delivering the aims and objectives of the Anglian River Basin Management Plan.

A. Designated sites
In particular, dDevelopment proposals that have an adverse effects impact on the integrity of European habitats sites, Sites of Special Scientific Interest or significant adverse impacts on the special qualities of the Dedham Vale Area of Outstanding Natural Beauty (including its setting) (either alone or in-combination) will not be supported. Development proposals within designated areas or within the Coastal Protection Belt will need to comply with policies ENV2 and ENV4.

B. Essex Coast RAMS
A Recreational disturbance Avoidance and Mitigation Strategy has been completed in compliance with the Habitats Directive and Habitats Regulations. Further to Section 1 Policy SP2, contributions will be secured from qualifying residential development, within the Zones of Influence as defined in the adopted RAMS, towards mitigation measures identified in the Essex Coast Recreational
disturbance Avoidance and Mitigation Strategy (RAMS).

C. Biodiversity and geodiversity
Development proposals where the principal objective is to conserve or enhance biodiversity and geodiversity interests will be supported in principle.
For all proposals, development will only be supported where it:

(i) Is supported with appropriate ecological surveys where necessary; and

(ii) Where there is reason to suspect the presence of a protected species (and impact to), or Species/Habitats of Principal Importance, applications should be accompanied by an ecological survey assessing their presence and, if present, the proposal must be sensitive to, and make provision for their needs and demonstrate the mitigation hierarchy has been followed; and

(iii) Will conserve or enhance the biodiversity value of greenfield and brownfield sites and minimise fragmentation of habitats; and

(iv) Maximises opportunities for the preservation, restoration, enhancement and connection of natural habitats in accordance with the UK and Essex Biodiversity Action Plans or future replacements; and

(v) Incorporates beneficial biodiversity conservation features, measurable biodiversity net gain of at least 10% in line with the principles outlined in the Natural England Biodiversity Metric, and habitat creation, where appropriate.

Plans or projects, which may have a likely significant effect on a European site which have not been screened or considered in the Borough's Habitat Regulations Assessment or Appropriate Assessment, will be required to prepare a separate HRA screening and if necessary to complete a separate appropriate assessment to ensure compliance with the Habitat Regulations 2010.

Proposals for development that would cause significant direct or indirect adverse harm to nationally designated sites or other designated areas, protected species, Habitats and Species of Principle Importance or result in the loss of irreplaceable habitats, such as ancient woodland, Important Hedgerows and veteran trees, will not be permitted unless:

(i) They cannot be located on alternative sites that would cause less harm; and

(ii) The benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; and

(iii) Satisfactory biodiversity net gain, mitigation, or as a last resort, and compensation measures, are provided.

The Local Planning Authority will take a precautionary approach where insufficient information is provided about avoidance, mitigation and compensation measures and secure mitigation and compensation through planning conditions/obligations where necessary.

D. Irreplaceable habitats
Proposals that would result in the loss of irreplaceable habitats, such as ancient woodland, Important Hedgerows and veteran trees will not be permitted unless there are wholly exceptional reasons and a suitable compensation strategy, to the satisfaction of the local planning authority, exists.

E. Countryside
The local planning authority will carefully balance the requirement for new development within the countryside to meet identified development needs in accordance with Colchester's spatial strategy, and to support the vitality of rural communities, whilst ensuring that development does not have an adverse impact on the different roles, the relationship between and separate identities of settlements, valued landscapes, the intrinsic character and beauty of the countryside and visual amenity.

The intrinsic character and beauty of the countryside will be recognised and assessed, and development will only be permitted where it would not adversely affect the intrinsic character and beauty of the countryside and complies with other relevant policies. Within valued landscapes, development will only be permitted where it would not impact upon and would protect and enhance the factors that contribute to valued landscapes.

Reason

Update to the policy to address representation from the Environment Agency, see SCG2

Clarification of text to introduce alphabetic ordering of criteria

Update to the policy to address representations to ENV1 (including representations from Natural England and the Environment Agency - see SCG1 & SCG2

Update it in terms of the Essex Coast RAMS.

Clarify biodiversity and ecology requirements to reflect relevant guidance.

Add wording on irreplaceable habitats.

Provide further clarification on the planning balance to be struck on countryside development proposals.

 

 

MM21

Policy ENV2: Coastal Areas

Modification

Include 'and seascape' in criterion (iii), after the word landscape (page 99).

Reason

Natural England Representation and SCG1.

 

 

(1) MM22

Policy ENV3: Green Infrastructure

Modification

Add new paragraph to policy ENV3:

Green infrastructure that contributes to the protection and enhancement of water bodies will be supported, including de-culverting, creation and management of ecological buffer strips and new wetland areas to help manage flood risk and reduce diffuse pollution.

Reason

Environment Agency representation and SCG2.

 

 

(1) MM23

Policy ENV5: Pollution and Contaminated Land

Modification

...Permission will only be granted where the Council is satisfied that after selection of appropriate mitigation the development, alone and cumulatively, will not have an unacceptable significant impact on air quality, health and well - being...

Reason

Further clarification.

 

 

(3) MM24

Para 13.49 and additional footnote

Modification

Insert the following after the first sentence:

"Where possible, connections should be made to the Colchester Orbital."

Add the following to the end of the paragraph:

"The benefits for the natural and local environment and climate change of tree canopy cover are widely recognised. A study (The Canopy Cover of England's Towns and Cities: baselining and setting targets to improve human health and well-being) carried out in 2017, concluded the following;

  • an average TCC of 20% should be set as the minimum standard for most UK towns and cities, with a lower target of 15% for coastal towns;
  • towns and cities with at least 20% cover should set targets to increase cover by at least 5% (i.e. above the ±2% tolerance of i-Tree Canopy) within ten to 20 years (depending on what is achievable against their baseline); and,
  • targets and strategies for increasing tree cover should be set according to the species, size and age composition of the existing urban forest, based upon a ward/district level and land-use assessment.

The tree canopy coverage for Colchester Borough is currently 18% varying between wards / locations there are some areas with larger and better canopy cover and others with significantly less. As per the recommendation above, the long term aim should be to increase the canopy cover of the borough to 20% and then 25%. It is recognised that this is an aspirational target, but that new development should seek to contribute to increase tree canopy cover where appropriate. It is considered that 10% as a target on development sites where appropriate would help to mitigate the likely losses of trees over the plan period whilst steadily increasing the overall canopy cover of the borough.

A Canopy Cover Assessment will be required for all major applications1. Development proposals should seek where appropriate to increase the level of canopy cover on site by a minimum of 10%. In circumstances, where this is not possible or desirable, compensatory provision should be identified and secured through a legal obligation. This will increase the overall canopy cover of the borough, enable sites to mitigate and adapt to climate change and deliver biodiversity net gain."

1 Major applications are defined as per Article 2 of the Town and Country Planning (Development Management) Procedure (England) Order 2015 as: Development involving any one or more of the following-

(a) the winning and working of minerals or the use of land for mineral-working deposits;
(b) waste development;
(c) the provision of dwellinghouses where-

(i) the number of dwellinghouses to be provided is 10 or more; or
(ii)the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph ;

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
(e) development carried out on a site having an area of 1 hectare or more

Reason

Update to reflect Council's work on the Climate Emergency and the Colchester Orbital.

Further explanation provided following consideration at the EiP and issues raised at the Hearing

 

 

(4) MM25

Policy CC1: Climate Change

Modification

Colchester Borough Council made a Climate Emergency declaration in 2019. A Climate Challenge and Sustainability Strategy and a Carbon Management Plan will support the Climate Emergency Action Plan and will set out detailed specific carbon reduction projects.Colchester Borough Council will continue to adopt strategies to mitigate and adapt to climate change.

Add the following criteria after criteria (iii):

"A Canopy Cover Assessment will be required for all major applications1. Development proposals should seek where appropriate to increase the level of canopy cover on site by a minimum of 10%. In circumstances, where this is not possible or desirable, compensatory provision should be identified and secured through a legal obligation"

Amend criteria (vi) of the policy as follows:

Northern Gateway and East Colchester

Amend criteria (ix) of the policy as follows Development ...resources. All development should consider the impact of and promotion of design responses to flood risk for the lifetime of the development and the availability of water and wastewater infrastructure for the lifetime of the development.

1 Major applications are defined as per Article 2 of the Town and Country Planning (Development Management) Procedure (England) Order 2015 as: Development involving any one or more of the following-

(a) the winning and working of minerals or the use of land for mineral-working deposits;
(b) waste development;
(c) the provision of dwellinghouses where-

(i) the number of dwellinghouses to be provided is 10 or more; or
(ii)the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph ;

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
(e) development carried out on a site having an area of 1 hectare or more

Reason

Amendment required to reflect the Council's declaration of a Climate Emergency and the work the Council has undertaken in relation to this.

A district heating network was explored in East Colchester but is not being progressed.

Typo

 

 

(2) MM26

Policy PP1: Generic Infrastructure and Mitigation Requirements

Modification

In addition to site specific requirements identified in relevant policies, all proposals will be required to make contributions to the cost of infrastructure improvements and/or community facilities, including education, as required and supported by up-to-date evidence from appropriate sources including the Infrastructure Delivery Plan (IDP), Parish/Town Council, or specially commissioned work.

(i)Adequate wastewater treatment, water supply network enhancements, and sewage infrastructure enhancements for the relevant catchment area

(v) to minimise any negative impact on the surrounding landscape and/or listed buildings heritage assets;

Add new bullet point: (vii) Further to Section 1 policy SP2, developments will be required to contribute towards mitigation measures in accordance with the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy 2018-2038 (RAMS).

Reason

Clarification of terms used

Update wording to reflect wording on water issues agreed for Section 1

Use of broader term agreed in Statement of Common Ground with Historic England

Cross-reference to RAMS contribution requirement in Section 1

 

 

(2) MM27

Policy TC1: Town Centre Policy and Hierarchy

Modification

The Local Planning Authority will support proposals that positively contribute towards creating an attractive, vibrant and safe Town Centre that offers a diverse mix of uses, including shared mixed-use spaces and short-term uses, and extend the time when the Town Centre is active subject to their impact on local amenity.

Reason

Clarify mix of uses that would be supported in line with more flexible national policy.

 

 

MM28

Policy TC2: Retail Frontages

Modification

Given that the Town Centre is at the top of the centre hierarchy in the Borough as a whole, within Colchester Town Centre the Local Planning Authority will seek to maintain at least 70% a high proportion of retail uses on each Primary Street Frontage within the Primary Shopping Area shown on the Policies Map. A3 (restaurant / café) uses will be considered acceptable below this threshold if it can be demonstrated to the satisfaction of the Local Planning Authority that, after extended marketing (over 1 year), retail use cannot be secured. Development proposals for non-retail uses within primary frontages will be permitted where they would enhance vitality and viability, be appropriate to the character and function of the area and not compromise the appearance of the frontage and its contribution to the streetscape.

Within the Secondary Street frontages in the Primary Shopping Area as defined on the Policies map, support will be given for the continuing role of retail uses supported by other activity-generating town centre uses which enhance the character, vitality and activity of the area, including food and drink premises (Use Class A3, A4 and A5), non-residential institutions (Use Class D1) and leisure uses (Uses Class D2), at ground floor level.

Reason

Increase flexibility of permitted uses.

 

 

(1) MM29

Policy TC3: Town Centre Allocations

Modification

The need identified in the Local Planning Authority's retail evidence base for additional comparison retail floorspace will be addressed in the first instance by development of the Vineyard Gate site. Medium to longer term need for town centre use floorspace will also be addressed by redevelopment of existing buildings and car parks including the outdated Priory Walk development...

Development will need to protect and enhance the character of the conservation area, listed buildings, heritage assets and their setting on and in the vicinity of the site, including where appropriate, the Scheduled Monument (Town Walls)";

Vineyard Gate

Redevelopment of Vineyard Gate over the plan period to provide a residential-led retail and mixed use floorspace scheme:

Requirements:

  • Approximately 100 dwellings
  • Development will need to protect and enhance the character of the Scheduled Ancient Monument (Town Walls)
  • Provide direct pedestrian connections to / from Lion Walk;

Contributions needed towards the delivery of flood defence / flood management solutions as identified in the SWMP for CDA 03.'

St. Botolphs

Mixed use scheme providing cinema, 85-room hotel; restaurants cluster; retail; student accommodation; Creative Business Centre (1.86 ha)

Requirements:

  • Access off Queen Street
  • Development will need to protect and enhance the character of the Conservation Area and listed buildings
  • Any retail proposals should satisfy the sequential test given the edge-of-centre location of this site.

Priory Walk...

The 2016 Retail Study Update identified limited capacity for convenience goods floorspace over the plan period (after allowing for existing commitments). If proposals come forward for new convenience goods floorspace they will be assessed (as required) having regard for the sequential and impact tests set out in the NPPF and other relevant policies in this Plan.

Reason

Modifications proposed to reflect updated proposals.

To address Historic England representation as agreed in Draft Statement of Common Ground.

Modifications proposed to reflect updated proposals

Requirement for retail tests at St. Botolphs and Priory Walk duplicates NPPF requirement.

 

 

MM30

Policy TC4: Transport in Colchester Town Centre

Modification

Provision for Rapid Transit services including space to provide capacity for these and connections onto other locations including the route connecting the Tendring Colchester Borders Garden Community with East Colchester, the Town Centre, and North Colchester required by Section 1 Policy SP6.

Add text to end of Policy:

The positioning and size of bus shelters, signs and other highways infrastructure must have regard to the historic character of the area and setting of heritage assets.

Reason

Cross-reference to the requirement for the rapid transit system in CLP Section 1.

Strengthening of wording to address historic environment implications of highways infrastructure agreed in Statement of Common Ground with Historic England.

 

 

MM31

Policy NC1: North Colchester and Severalls Strategic Economic Area

Modification

Zone 1: as defined on the Policies Map (existing and proposed employment land) will be the primary focus for B class employment uses and as such, alternative non- B Class uses will only be supported where they:

i.  Are ancillary to the existing employment uses on the site intended to serve the primary function of the site as an employment area and;
ii.  Provide the opportunity to maximise the sites potential for economic growth and support the continued operation of existing employment uses within the economic area and;
iii.  Do not generate potential conflict with the existing or proposed B class uses / activities on the site; and
iv.  (iv) There is no reasonable prospect of the site being used for B class appropriate employment uses.

Proposals for main town centre uses will not be permitted within zone 1 of North Colchester and Severalls Economic Area.

Reason

Reflect changes in Use Class order terminology and the categorisation of offices as main town centre uses. (Main)

 

 

MM32

Policy NC4: Transport in North Colchester

Modification

Enhancements to the East / West public transport services, to serve the area to connect existing and new residential developments with employment and leisure opportunities. This includes the route connecting the Tendring Colchester Borders Garden Community with East Colchester, the Town Centre, and North Colchester required by Section 1 Policy SP6. The type of public transport service may vary.

Reason

Update policy to reflect CLP Section 1 policy.

 

 

MM33

New para 14.52

Modification

Add new para 14.52 Land at the ABRO site:

The site, known as the ABRO site, was previously part of the Royal Artillery Barracks (latterly known as Le Cateau Barracks), forming a northern most part of the old Colchester Garrison. Now vacant the ABRO site is 4.26 hectares, including a 3.80 hectare area allocated for residential use. The site is predominantly flattened hard surfacing, with some buildings of mixed size and architectural/historic significance. The north east corner of the site is former green space converted to car parking in recent times. The Roman Circus Scheduled Ancient Monument (SAM) extends over the 0.46 hectare southern part of the site and is allocated for open space. A development brief been prepared for the site and was subject to public consultation 2020/21. The requirements and quantum of development on the site will be set out in the final Development Brief.

Reason

Omission from carry forward from Adopted Local Plan (Garrison Masterplan)

 

 

(1) MM34

Policy SC1: South Colchester Allocations

Modification

Add additional text in policy before 'The following Local Economic':

ABRO site

The 4.26 hectare will provide 3.80 hectares for residential development and 0.46 hectares for open space. Development of this site will be supported where it accords with the ABRO Development Brief.

Any proposals will also take into account the Essex Minerals Local Plan and the developer will be required to submit a Minerals Resource Assessment as part of any planning application. Should the viability of extraction be proven, the mineral shall be worked in accordance with a scheme/masterplan as part of the phased delivery of the non-mineral development.

Reason

Omission from carry forward from Adopted Local Plan (Garrison Masterplan)

To provide a requirement for a Minerals Resource Assessment for both SC1 allocations which has previously not been included in error.

 

 

(272) MM35

Para 14.54

Modification

The Defence Infrastructure Organisation is disposing of a number of sites nationally including Middlewick Ranges. The site was originally proposed for the allocation of 2000 dwellings, however as there are a number of constraints at the site which will restrict the final number of dwellings that can be delivered at this location, the allocation is for up to 1000 dwellings. Given the potential constraints and opportunities associated with the site, there will be a requirement for a masterplanning approach working together with the MOD, and any future landowners to inform the best opportunities for delivering housing and supporting infrastructure, as well as ensuring the delivery of a development appropriate to its setting. More guidance in respect of the approach, scope and requirements for masterplanning for this site are set out in paragraph 14.62 below.

Reason

Updating required on background and additional guidance

 

 

(126) MM36

Para 14.55

Modification

Vehicular access to the site, the impact of any development on the local road network and necessary mitigation, will need to be determined prior to any detailed scheme being submitted. The development would need to be supported by a Transport Assessment that stresses the importance of sustainable transport as the primary means of access and movement to, from and within the site. The Transport Assessment should set out that where impacts would occur and the necessary mitigation to address those impacts; any mitigation which would need to be agreed with CBC and ECC and secured as part of the planning permission. As a minimum, the Transport Assessment would need to include details regarding:

  • Support for local bus services to traverse the site and provide frequent and regular connections to the town centre, railway stations and any other identified and agreed destinations;
  • Provision of bus stops within the site and upgrade of existing bus stops in the vicinity of the site (specification to ECC standards);
  • Bus priority measures at key junctions;
  • Demonstration of an extensive network of footpaths and cycleways within the site and connections at the site boundaries into the external network. Improvements to the external network of footpaths and cycleways in the vicinity of the site as agreed;
  • Provision of a distributor road across the site with dedicated footpath and cycleways alongside it over its entire length;
  • Provision of new sections of footway, cycleway and uncontrolled and controlled crossings in the vicinity of the site as agreed;
  • Improvements to the Public Right of Way Network across and in the vicinity of the site; and
  • Delivery of a bespoke Travel Plan for the development of the site, with the appointment of a Travel Plan Co-ordinator and commitment to provision of tailored Residential Travel Information Packs for each household.

In the event that the detailed transport assessment work indicates that the traffic constraints cannot be adequately addressed, the number of homes permitted will be reduced to reflect this with support for up to 1,000 once the traffic impacts can be adequately resolved.

Reason

Clarification of transport assessment and mitigation measures reflecting Statement of Common Ground between CBC, ECC and DIO

Clarification of link between transport issues and housing numbers for site

 

 

(200) MM37

Para 14.56

Modification

Middlewick Ranges is a designated Local Wildlife Site (reference Co122). The site was reviewed as part of a wider Local Sites Review in 2015 and as a result of the review the area designated has been extended. The Ecological Evidence Report confirms that the habitats within the site are of high biodiversity value, including 53 Ha of acid grassland. The site supports a range of protected species such as invertebrates, breeding birds and bats. Council is aware that the site supports at least one Protected Species, therefore given the site's ecological sensitivity, full ecological assessments will need to be undertaken as part of any planning application including for all Protected Species, and Species of Principal Importance during the appropriate survey season. The Council will also be seeking a minimum 10% biodiversity net gain on the development site, following application of the mitigation hierarchy, in line with emerging legislation (Environment Bill 2020). The Council will require a developer to commit to a suitable legal mechanism to ensure the long-term establishment, management and maintenance of the mitigation / compensation land for a minimum of 30 years and a strategy for the monitoring of key mitigation and/or compensation as part of the grant of any planning permission.

Reason

Clarification of biodiversity net gain requirements

 

 

(108) MM38

Para 14.57

Modification

The area is a well-used recreational space, particularly with dog walkers. Any future development proposal will be expected to deliver new open space as well as strategic green infrastructure to meet the needs of existing and new residents in this part of Colchester, to minimise subsequent footfall on the Essex coastal sites and nearby Roman River SSSI, and provide substantial buffers to existing sensitive habitats. The range of typologies may include accessible natural greenspace, formal playing pitches, parks and playspace, green corridors and land for future cemetery use (including potential for a woodland cemetery), if suitable and required. The master planning process will need to inform further consideration in respect of the type, layout and configuration of open space and green infrastructure. A key requirement will be to ensure connectivity between green walking routes across the site and the existing Colchester Orbital, a circular walking and cycling route around the town's perimeter, which runs through the north-west of the Middlewick Ranges linking some of the town's key open spaces, heritage sites and PRoW. The Council will seek to retain and enhance PRoW within the development along with the route and character of the Colchester Orbital.

Reason

Ensure evidence base and masterplanning work adequately reflects full range of environmental considerations.

 

 

(6) MM39

Para 14.58

Modification

The site has archaeological interest due to the potential for the presence of buried archaeological remains, in particular, relating to prehistoric, Roman and civil war and World War II defences. The WW2 pill boxes, and tank line form an important landscape opportunity. The Council believes they also represent an important heritage interpretation and visitor opportunity. Further investigations will be required at a planning application stage, prior to the commencement of any development. Policy PP1 (vi) will apply in this respect to any planning application on this site. It is also possible that a future management plan for the redoubt may be required as part of the planning permission, which will need to be agreed with the Council.

Reason

Ensure evidence base and masterplanning work adequately reflects full range of heritage assets

 

 

(50) MM40

New Para to be added

Modification

In terms of local character, the site sits in an area of gently sloping open landscape bordered by Colchester to the north and the wooded Roman River to the south. It currently provides some physical and visual separation between the existing urban area and the Roman River Valley. The site has the potential to contain archaeological finds therefore it will be necessary to complete archaeological investigations. Any development will need to minimise and mitigate potential impacts on the wider landscape, on adjoining minor roads and recreational pressure on the landscape and biodiversity assets. New development should respond to the existing settlement pattern, screen any existing visual intrusions, conserve and manage existing woodland and hedgerows, and use materials appropriate to local character. An LVIA will be required to inform the proposed masterplan and any subsequent planning application. Extra High Voltage electricity pylons lie at the north of the site. There would be visual benefits to these being undergrounded but in the event that this is not feasible they would act as a constraint on the layout of development.

Reason

Ensure evidence base and masterplanning work adequately reflects full range of landscape considerations

 

 

(5) MM41

Para 14.59

Modification

Development of Middlewick Ranges may be further constrained by pockets of contamination therefore an investigation into all potential sources of contamination will need to be carried out as part of any future development proposals and submitted as part of any planning application. Any investigation will need to include assessment of areas inaccessible during the 2018 site visit, together with any activity since the date of reporting including detail of any fly tipping, and continued MoD uses. Policy ENV5 will be relevant to any planning application in respect of this matter.

Reason

Clarification on matters in respect of requirements regarding contamination

 

 

(13) MM42

Para 14.60 and Para 14.62

Modification

Delete para 14.60 and renumber para 14.62

The Middlewick Ranges site falls within Critical Drainage Area 01 (Old Heath Area) as defined in Colchester's Surface Water Management Plan (SWMP). Contributions will be sought towards the costs of delivering flood defence/flood management solutions within CDA 01 as set out in the SWMP. Given the array of identified constraints, all requested surveys should be commissioned as soon as possible. This is necessary to help determine final housing numbers that can be delivered at Middlewick Ranges and to define the most suitable developable areas and land uses within the Middlewick Ranges site.As well as housing and open space, other suitable uses could include a cemetery extension or green cemetery

Reason

Clarification of approach / timing to master planning and agreement with the Council

 

 

(8) MM43

New Para to be added

Modification

A Masterplan must be agreed with the Local Planning Authority prior to the submission of any planning application, in order to inform the detailed definition and mix of uses within the site. The masterplan process should include engagement of the local community, use of design advice and review where available, and assessment frameworks such as Building for a Healthy Life or similar. The masterplan will be supported, as appropriate, with site wide parameter plans, design codes or design guidance.

Reason

Clarification of approach / timing to master planning and agreement with the Council

 

 

(9) MM44

Para 14.61

Modification

Developer contributions will be sought where required towards the cost of ecological mitigation including; the provision of compensatory habitat to replace habitat lost to development. ecological mitigation, remediation of any on site contamination as part of the development of the site; community infrastructure including education provision; traffic and highways mitigation including enhancements to the public transport, walking and cycling infrastructure; accessible natural green space and public open space.

Reason

Clarification in respect of requirements for developer contributions

 

 

(68) MM45

Para 14.63

Modification

Development at Middlewick Ranges will be phased to start towards the middle of the plan period. This is necessary to enable further detailed work to be carried out to inform a comprehensive masterplan process as described above and to allow for appropriate engagement with all relevant parties including the local residents. This will also allow for the commencement of soil preparation for the required biodiversity mitigation, compensation and net gain allowing for the soil conditions to respond to changes in pH. which is imperative to the practical use of turves from the ranges to create new areas of acid grassland. This will help inform or refine the later stages of the net gain strategy. The masterplan will inform any subsequent planning application. all the studies to be completed and any mitigation measures i.e compensatory habitat to be provided prior to the start of development

Reason

Clarification regarding phasing in relation to Bio-diversity net gain
 
 

(71) MM46

New Para to be added

Modification

Due to the high distinctiveness of the biodiversity of the site and the complexity of recreating and managing protected habitats for the long term, both onsite and in the mitigation lands, the Council will require the appointment, by the developer, of a suitably qualified and experienced nature conservation management organisation as a partner to take forward this element of the development. The Council will require the developer to enter into an appropriate legal agreement to secure the long term (minimum 30-year) management and monitoring of retained protected habitats, the biodiversity mitigation, compensation and net gain land, by the nature conservation organisation, including a mechanism for funding and governance that ensures both the nature conservation value and local community interest. The landowner of the mitigation land will need to be party to such an agreement.

Reason

Clarification of the approach / requirements for long term management of the ecological areas / habitats and mitigation land

 

 

(74) MM47

Policy SC2: Middlewick Ranges

Modification

The allocation shown on the Policies Map is expected to deliver approximately up to 1000 new dwellings. The final number of dwellings will only be confirmed through masterplanning, when full details of constraints are known. In addition to the infrastructure and mitigation requirements identified in policy PP1, development will be supported on land within the area identified on the policies map where it: which provides:

(i) Delivers up to 1000 new houses of a mix and type of housing to be compatible with surrounding development; and
(ii) Is supported by a Transport Assessment which sets out where impacts would occur and any mitigation to address those impacts, as well as measures proposed to ensure sustainable transport is the primary means of access and movement to from and within the site. The Transport Assessment and mitigation measures are to be agreed with the Highway Authority and The Council as part of any planning permission; and
(iii)
Delivers access and highway works on the local road network, including new junctions, to be agreed with the Highway Authority and delivered at the appropriate time commensurate with the development; and
(iv) Deliversy of enhancements to sustainable travel connectivity including public transport, cycling and walking infrastructure,including connection and enhancement to the Colchester Orbital; and
(v) Providession for retention or diversion of any existing public rights of way within the site and incorporation wherever possible into the green infrastructure network; and
(vi)
Detailed ecological surveys The built footprint of the development has been sited to minimise the effects on protected habitats and species; and
(vii) Is supported by the submission of appropriate mitigation and net gain plans to enhance the ecology of the remaining areas of the Local Wildlife Site including the provision to provide of compensatory habitat to replace habitat lost to development and a minimum of 10% biodiversity net gain; and
(viii)
Secures the appointment, by the developer, of a suitably qualified and experienced nature conservation management organisation as a partner to take forward the habitat conservation, creation and management of the development; and.
(ix)
Identifies and commits to a legal mechanism, in a form to be agreed with the Council, to ensure the long-term establishment, management and maintenance of the retained acid grassland, the biodiversity mitigation/ compensation and net gain land and a strategy for the monitoring of key mitigation, compensation and net gain. The legal mechanism will identify the funding mechanism and governance structure (including the option of designation as a Local Nature Reserve) that ensures both the nature conservation value and local community interest in the retained acid grassland, other protected habitats, the biodiversity mitigation and compensation land, and areas of net gain; and
(x) Includes a detailed strategy and management plan, to be agreed with the Council, for Strategic areas of the existing and proposed green infrastructure and public open space network, including formal playing pitches, strategic green corridors, green buffers and structural landscape; and
(xi)
Includes a detailed Landscape and Visual Impact Assessment in order to minimise and mitigate potential impacts on the wider landscape and urban character; and
(xii) Delivers Mitigation measures to address site contamination; and
(xiii) Provides for Primary and early years education as follows;

a.  a new primary school with co-located 56 place early years and childcare nursery on 3 hectares of suitable land allocated for education and childcare use; and
b.  a new 56 place stand-alone early years and
child care nursery on 0.13 hectares of suitable land allocated for education and childcare use; and

(xiv) Secures financial contribution to early years and childcare, primary and secondary education provision as required by the Local Planning Authority primarily through Section 106 Planning Obligations or the Community Infrastructure Levy

A masterplan will be required to inform the detailed definition and mix of uses within the site. A Masterplan for the whole site is to be agreed with the Council prior to submission of any planning application. The masterplan must be informed by, or supported by, as appropriate, site wide parameter plans, design codes or guidance, developed through engagement with the local community, be informed by use of design review where available, and assessment frameworks such as Building for a Healthy Life or similar.

Before granting planning consent, wintering bird surveys will be undertaken at the appropriate time of year to identify any offsite functional habitat. In the unlikely event that significant numbers are identified, development must firstly avoid impacts. Where this is not possible, development must be phased to deliver habitat creation and management either on or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds.

Reason

Add ref to masterplanning for clarification and consistency

Clarification regarding requirements for a transport assessment (CBC/ ECC and DIO SOCG)

Consistency and clarification re sustainable connectivity

Clarification regarding reference to the Orbital route

Clarification regarding protection of habitats

Clarification regarding Bio-diversity net gain requirements and mitigation

Clarification regarding the management of the habitat creation and conservation

Clarification of requirements for long term management of the biodiversity / mitigation land

Clarification of the requirement for a management strategy / plan for the Green Infrastructure and open space elements

Clarification of requirements for an LVIA

Clarification of requirements for early years and primary education provision (ECC SoCG)

Clarification of requirements for financial contributions for all education including early years, primary and secondary (ECC SoCG)

Clarification regarding the requirements for masterplanning including scope timing and agreement

A recommendation in the HRA and agreed in the SoCG with Natural England.

 

 

(1) MM48

Policy SC3: Transport in South Colchester

Modification

Amend the final bullet point of Policy SC3 to read:

Improvements to routes for walking, and cycling and horse riding where appropriate including links to the Garrison and Boadicea Routes and complete gaps in the network.

Reason

Essex Bridleways Association Representation

 

 

MM49

Policy EC1: Knowledge Gateway and University of Essex Strategic Economic Area

Modification

3rd para: There will be a need for a comprehensive approach to development in conjunction with the new University Tendring Colchester Borders Garden Community proposed to the east of Colchester....

6th para: Development will be expected to contribute to the cost of direct infrastructure improvements as required.

Within this area, the Local Planning Authority will continue to support the growth and retention of the University Research Park. All land and premises within this area will be safeguarded for employment uses, primarily for office use within E class where appropriate and non- B class employment generating uses of a scale and type compatible with the Research Park. Encouragement will also be given to uses which can be shown to be directly linked to the development of research associated with the University and to the provision of business incubator units. Proposals for uses which are not for office use within E class or where it cannot be demonstrated that they are linked to the Research Park will only be supported where they:...

Reason

Correct name of Garden Community

Clarify requirement in line with Draft Statement of Common Ground with University of Essex.

Update Use Class terminology references.

 

 

MM50

Policy EC2: East Colchester/Hythe Special Policy Area

Modification

Amend criteria (i) and (xi) of Policy EC2 as follows:

(i )'... homes and community and environmental enhancements, in line with the site allocations shown on the East Colchester Policies EC1-4 map and create a strong sense of identity for the area.

(xi) Develop the East Colchester Energy Centre and HEAT network;

Reason

For clarity, further to Network Rail Representation

Delete proposal that is no longer current

 

 

MM51

Policy EC3: East Colchester Allocations

Modification

Insert Text before Local Economic Areas in Policy EC3:

Place Farm

Development of the site will be supported where it provides:

2.7 ha of employment land, as shown in Table SG3

Up to 30 new dwellings of a mix and type of housing to be compatible with development in the adjacent Old Heath area.

Access via Whitehall for the employment and via Rowhedge Road for the residential development.

..in accordance with Table SG34 and Policies SG3 and SG4.

Reason

Include text on Place Farm employment and residential allocation included in Table SG3 employment Edge of Centre floorspace and on Policies Map.

Correct typographical error

 

 

MM52

Policy EC4: Transport in East Colchester

Modification

Enhancements to the interchange at Hythe Station and improvements to existing public transport services, including the potential for extension to existing services and North Colchester along with the provision of a rapid transit route connecting the Tendring Colchester Borders Garden Community with East Colchester, the Town Centre, and North Colchester required by Section 1 Policy SP6.

Amend the final bullet point of Policy EC4 as follows; ...Improvements to connectivity for pedestrians, and cyclists and horse riders where appropriate including;...

Reason

Update policy to reflect CLP Section 1 policy.

To clarify further to Essex Bridleways Association Representation

 

 

(1) MM53

Policy WC1: Stanway Strategic Economic Area and Tollgate District Centre

Modification

All land and premises within the area allocated as the Stanway Economic Area and Tollgate District Centre will be safeguarded for economic / employment appropriate commercial uses based on a zoned approach in accordance with the following principles:

Zone 1: as defined on the West Colchester Policies Map and incorporating the Stanway allocations listed in Table SG3 will be the primary focus for B class employment uses and as such, alternative non- B Class uses will only be supported where they:

(i) Are ancillary to the employment uses on the site intended to serve the function of the site as an employment area; and,

(ii) Provide the opportunity to maximise the sites potential for economic growth and support the continued operation of existing employment uses within the economic area; and,

(iii) Do not generate potential conflict with the existing or proposed B class uses / activities on the site; and

(iv) There is no reasonable prospect of the site being used for employment purposes.

Proposals for main town centre uses will not be permitted within zone 1 of the Stanway Strategic Economic Area.

Zone 2: Within the area shown on the West Colchester Policies Map, comprising the Tollgate District Centre, proposals for main town centre uses which are suitable for, and proportionate to, the role and function of the centre and its place within the hierarchy will be supported.

Where the proposal is for a main town centre use(s), it Proposals must be of a scale and type appropriate to the centre (having regard for the Centres Hierarchy and the definitions under Policy SG5) and must also satisfy the criteria set out below.

Proposals must should:

(i) Seek to e<DEL>E</DEL>nhance the role of the centre, through the introduction of new services and/or community facilities,

(ii) Proposals outside the Tollgate District Centre should meet the requirements of the sequential test as set out in policy SG6 in so far as the Local Planning Authority should be satisfied that there are no suitable alternative sites located more centrally in or on the edge of the District Centre or any other centre (within an appropriately defined catchment area); and

(iii) Where the scale of the proposal requires an impact assessment, in accordance with policy SG6, the Local Planning Authority are satisfied that the proposal will not have a significant adverse impact on a) existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal and b) the vitality and viability of Colchester Town Centre and/or any other defined centre.

Reason

Clarify policy coverage

Update to reflect changes in Use Class terminology and to clarify policy relating to main town centre uses.

Correct typographical error

 

 

(2) MM54

Policy WC2: Stanway

Modification

Amend First paragraph:'Allocations as shown ... In addition to meeting the requirements set out in Policy PP1, existing capacity issues at the ...and by the provision of a new primary school at Lakelands. a new primary school will be required on 2.1 hectares of suitable land allocated for education and childcare use to the north of London Road in a location to be decided. The primary school will be secured through a S106 agreement and will be co-located with an 56 place early years and childcare nursery facility (D1 use). An additional 0.13 hectares of suitable land for a 56 place early years and childcare nursery facility will also be required in Stanway in a location to be decided. All new residential developments in Stanway will be expected to contribute towards new education facilities. Commercial developments may be expected to contribute to Early Years and Childcare facilities.

Add to the policy following second paragraph:

Before granting planning consent for Land to the North of London Road and Land to the West of Lakelands, wintering bird surveys will be undertaken at the appropriate time of year to identify any offsite functional habitat. In the unlikely event that significant numbers are identified, development must firstly avoid impacts. Where this is not possible, development must be phased to deliver habitat creation and management either on or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds.

Add sentence to Land to the North of London Road allocation:

Any proposals will also take into account the Essex Minerals Local Plan and the developer will be required to submit a Minerals Resource Assessment as part of any planning application. Should the viability of extraction be proven, the mineral shall be worked in accordance with a scheme/masterplan as part of the phased delivery of the non-mineral development.

Delete Sainsbury's site residential allocation.

Land to the West of Lakelands

(i) A mix of uses to include: Approximately 150 250 new dwellings and provision of employment floorspace to be compatible with the surrounding residential uses;

Land off Dyers Road - Delete Criterion (v)

Reason

Essex CC representation required to clarify education requirements further to the SoCG with ECC

A recommendation in the HRA and agreed in the SoCG with Natural England (SCG1).

To provide a requirement for a Minerals Resource Assessment which has previously not been included in error.

To reflect the grant on appeal of an application for town centre uses.

To reflect revised proposal for the site agreed in Statement of Common Ground with O&H

To avoid duplication with generic wording on education to be included at beginning of policy.

 

 

 

MM55

Para 14.118

Modification

Amend the third sentence as follows:

Any proposals should promote access by Bus from the Town Centre and local train stations, as well as promoting local access via cycle, and footpaths, equestrian routes, where appropriate and improving improvements to these routes where necessary.

Reason

Essex Bridleways Association Representation. Grammar correction

 

 

(1) MM56

Policy WC3: Colchester Zoo

Modification

Amend policy reference to reflect current terminology;

...Any proposals for the expansion of the Zoo will be undertaken through a masterplan approach taking into account landscape and Scheduled Ancient Monument impact...

Add to the policy:

Before granting planning consent, wintering bird surveys will be undertaken at the appropriate time of year to identify any offsite functional habitat. In the unlikely event that significant numbers are identified, development must firstly avoid impacts. Where this is not possible, development must be phased to deliver habitat creation and management either on or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds.

Reason

Consistent with NPPF terminology.

A recommendation in the HRA and agreed in the SoCG with Natural England.

 

 

MM57

Policy SS1: Abberton and Langenhoe

Modification

Include the following after the criteria for Land east of Peldon Road:

Development must conserve, and where appropriate, enhance the significance of heritage assets (including any contribution made by their settings). Designated heritage assets close to the sites include the Grade II Pete Tye Hill and Old Cottage.

Reason

To ensure that the policy gives appropriate protection to the historic environment.

 

 

(4) MM58

Policy SS4: Copford

Modification

Include the following at the beginning of the policy:

Development must conserve, and where appropriate, enhance the significance of heritage assets (including any contribution made by their settings). Designated heritage assets close to the two allocated sites include the Grade II Copford Place and stable, Brewers Cottage, Stanway Bridge and Brook Cottage.

The above sentence replaces criteria (v) for West of Hall Road. A design and layout which complements the listed buildings and their setting as well as any archaeological assets.

Reason

To ensure that the policy gives appropriate protection to the historic environment.

 

 

(1) MM59

Policy SS5: Eight Ash Green

Modification

Replace entire policy with the following: All development proposals in Eight Ash Green parish will be determined against and be required to comply with policies in the Eight Ash Green Neighbourhood Plan and any relevant Local Plan policies.

Reason

Correction to update the plan to reflect the adoption of the Eight Ash Green Neighbourhood Plan. New policy wording is consistent with the policy wording for the Boxted Neighbourhood Plan and other adopted neighbourhood plans.

 

 

MM60

Policy SS6: Fordham

Modification

Add criteria (iv): Conserve, and where appropriate, enhance the significance of heritage assets (including any contribution made by their settings). Designated heritage assets close to the site include the Grade II Plummers Farmhouse, Grade II Thrifts Cottage and Plummers Green Monument.

Reason

To ensure that the policy gives appropriate protection to the historic environment.

 

 

MM61

Policy SS7: Great Horkesley

Modification

Revise text under School Lane (ii):development will facilitate access to the old village hall and either contribute to the replacement of the scout hut or to the enhancement of community buildings other than the old village hall.

Amend School Lane criterion (iv): Development will safeguard the setting of the Church of England School building as a grade 2 listed building and other heritage assets on The Causeway must conserve, and where appropriate, enhance the significance of heritage assets (including any contribution made by their settings). Designated heritage assets close to the site include the Grade II Church of England School, School House and Oak Cottage.

Reason

To clarify requirements for community facilities.

To ensure that the policy gives appropriate protection to the historic environment.

 

 

(1) MM62

Policy SS8: Great Tey

Modification

Amend criteria (ii) (in relation to Land on Brook Road) as follows: Suitable design and screening/landscaping to maintain and, where possible, enhance the character and setting of minimise and negative impact on the adjacent Conservation Area and listed building (Rectory Cottage).

Amend the policy in relation to Greenfield Drive as follows:
In addition to the infrastructure and mitigation requirements identified in policy PP1, development will be supported on land within the policy area identified on the policies map which provides:
(i) 30 new dwellings with pedestrian and cycle access off Greenfield Drive (Harvesters' Way and/or Farmfield Road) and vehicle access from Newbarn Road; and
(ii) A minimum of 1ha of public open space adjacent to existing public open space.
(iii) The emerging Neighbourhood Plan is intended to shape the character of the development

Reason

To ensure consistency with other policies.

To provide clarification with regards to access.

 

 

MM63

Policy SS9: Langham

Modification

Add the following in relation to Wick Road:

Development must conserve, and where appropriate, enhance the significance of heritage assets (including any contribution made by their settings). Designated heritage assets close to the sites include the Grade II New House.

Amend School Road criteria (v) as follows:

A design and layout which protects and enhances the listed building including

suitable screening/landscaping to protect their setting. Development must conserve, and where appropriate, enhance the significance of heritage assets (including any contribution made by their settings). Designated heritage assets close to the sites include the Grade II School Farmhouse.

Reason

To ensure that the policy gives appropriate protection to the historic environment.

 

 

MM64

Policy SS10: Layer de la Haye

Modification

Update criteria i as follows:

i) At least 35 dwellings of a mix and type compatible with the surrounding development, to include bungalows and small family homes

Include the following additions to the policy:

Any proposals will also take into account the Essex Minerals Local Plan and the developer will be required to submit a Minerals Resource Assessment as part of any planning application. Should the viability of extraction be proven, the mineral shall be worked in accordance with a scheme/masterplan as part of the phased delivery of the non-mineral development.

Before granting planning consent, wintering bird surveys will be undertaken at the appropriate time of year to identify any offsite functional habitat. In the unlikely event that significant numbers are identified, development must firstly avoid impacts. Where this is not possible, development must be phased to deliver habitat creation and management either on or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds.

Reason

Wording agreed through SoCG with Tollgate Partnership

To provide a requirement for a Minerals Resource Assessment which has previously not been included in error.

Recommended mitigation in the Habitat Regulations Assessment

 

 

(3) MM65

Policy SS11: Marks Tey

Modification

Growth within the Marks Tey area will largely be guided by the following documents in addition to this Local Plan:

i) The Joint Plan Development Plan document to be prepared with Braintree District Council for development of a new Garden Community, as provided by in Section 1 Policy SP9.
ii) The Marks Tey Neighbourhood Plan to be developed to include polices to guide the relationship between the existing community of Marks Tey and the gradual development of a Garden Community, and will provide flexibility, including the scope for the allocation of any small parcels of land for development outside with the Garden Community to be considered in the Neighbourhood Plan at the appropriate time.

Reason

To remove reference to the Braintree Colchester Borders Garden Community

To clarify role of Neighbourhood Plan

 

 

(3) MM66

Policy SS12b: Coast Road, West Mersea

Modification

Amend criteria(ii): Enhance historic heritage assets, maritime uses, the traditional maritime character of Coast Road and the landscape character of the coast.

Amend criteria (iii) to read: Can demonstrate no likely significant effects on adjacent European sites or where impacts can be appropriately mitigated provide mitigation in accordance with the Recreation Avoidance and Mitigation Strategy (RAMS).

Correct the typo: historical

Reason

Correction for consistency with the NPPF

Update to reflect adoption of the RAMs SPD

 

 

(1) MM67

Policy SS12c: Mersea Island Caravan Parks

Modification

Amend opening sentence: Development proposals at caravan parks on Mersea Island, including change of use, ... on site, will only be supported where they meet all of the following criteria:

Amend criteria (ii): Help protect the integrity of habitats European sites and minimise disturbance to migratory or over wintering birds designated breeding and wintering species using the sites; Any future extensions to caravan parks will require their own HRA and where required appropriate assessment.

Reason

To clarify that all criteria in the policy apply.

Representations Natural England and RSPB and Statement of Common Ground 1.

 

 

MM68

Policy SS13: Rowhedge

Modification

Deletion of criteria (iv) - Provision of new health services to be agreed with the North Essex Care Commissioning Group

Reason

Clarification in the Update on Cooperation with the North East Essex Clinical Commissioning Group on the need for flexible approaches to the provision of health care which may not involve land take on the allocated site.

 

 

(7) MM69

New Para 14.219 & Para 14.221

Modification

Infrastructure necessary to deliver the growth up to 2033 will need to address cross boundary issues with neighbouring Local Planning Authorities and neighbouring Parishes. This will include the additional traffic generation forecasts for the proposed new junction 24 onto the A12 as well as from the growth locations. With the northern growth location there is potential for a new road which would ultimately link the B1022 and B1023. The Tiptree Neighbourhood Plan will be expected to deliver the first phases of the road through a design which allows future completion/linkage.

 

Following the Tiptree Neighbourhood Plan examination which concluded in October 2020, it was recommended that the Tiptree Neighbourhood Plan could not proceed to referendum. The Tiptree Neighbourhood Plan Working Group are will preparing a revised draft plan which will include site allocation(s) and be subject to further public consultation. The Plan is still at an early stage of development and evidence is still being gathered to support the allocation of sites in Tiptree and development of the document. The Plan will allocate final site boundaries and will include a policy framework to support the delivery of 4600 houses up to 2033 and to guide all other planning issues in the village. The Neighbourhood Working Group will need to work closely with neighbouring Local Planning Authorities to ensure that all strategic cross boundary issues are properly considered and addressed through the Neighbourhood Plan. The Plan will be subject to examination and referendum prior to being made.

Reason

Update to reflect latest position in relation to Tiptree Neighbourhood Plan.

 

 

MM70

New Para 14.222

Modification

Add the following new paragraph:

Barbrook Lane

Planning Permission has been granted for up to 200 dwellings at Barbrook Lane. It is expected that these dwellings will be delivered during the Plan Period. The extent of the application site is reflected on Policy Map SS14 as an existing commitment. Within the site area there will be provision for public open space as well as land reserved for future education purposes as shown on the policies map.

Reason

Update to reflect latest position in relation to consents granted

 

 

(8) MM71

Policy SS14: Tiptree

Modification

Within the preferred directions of growth broad areas of growth shown on the Tiptree policies map, to the south west and north/north west, subject to existing constraints, the Tiptree Neighbourhood Plan will:

(i) Define the extent of a new settlement boundary for Tiptree;

(ii) Allocate specific sites for housing allocations to deliver a minimum 6400 dwellings;

(iii) Set out any associated policies needed to support this housing delivery i.e. housing mix, type of housing and density for each site allocated for housing;

(iv) Set out the policy framework within the parish to guide the delivery of any infrastructure/community facilities required to support the development in accordance with the requirements of Policies SG7 and PP1. This will include a detailed transport assessment with a view to confirming provision of the first phases of a road between the B1022 and B1023;

(v) Consider strategic cross boundary issues e.g. A12 junction improvements

(vi) Identify other allocations in the Parish, including employment and open space.

Proposals for development outside of the identified broad areas and the settlement boundary or settlement boundary defined by the Tiptree Neighbourhood Plan once adopted, for growth will not be supported. This policy should be read in conjunction with the generic Neighbourhood Planning policy SG8, policy SG3 and policies in the Tiptree Neighbourhood Plan, once it has been adopted.

Before granting planning consent, wintering bird surveys will be undertaken at the appropriate time of year to identify any offsite functional habitat. In the unlikely event that significant numbers are identified, development must firstly avoid impacts. Where this is not possible, development must be phased to deliver habitat creation and management either on or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds

Reason

Consistency of wording used in policy and policies map.

Clarification that housing number specified is a minimum number in accordance with national policy

Modifications to update in relation to the Tiptree Neighbourhood Plan, as explained in the Tiptree Topic Paper.

Recommendation in HRA and agreed in SOCG with Natural England.

 

 

(2) MM72

Policy SS15: West Bergholt

Modification

Replace entire policy with the following:

All development proposals in West Bergholt parish will be determined against and be required to comply with policies in the West Bergholt Neighbourhood Plan and any relevant Local Plan policies.

Reason

Correction to update the plan to reflect the adoption of the West Bergholt Neighbourhood Plan. New policy wording is consistent with the policy wording for the Boxted Neighbourhood Plan and other adopted neighbourhood plans.

 

 

(1) MM73

Policy SS16: Wivenhoe

Modification

Replace entire policy with the following:

The Wivenhoe Neighbourhood Plan has been made and:

(i) Identifies the settlement boundary for Wivenhoe;
(ii) Identifies specific sites for housing allocations needed to deliver 250 dwellings with additional land for a care home outside the settlement boundary at the housing allocation at Land Behind the Fire Station, Colchester Road should an appropriate scheme be forthcoming;
(iii) Sets out policies needed to support this housing delivery i.e. housing mix, type of housing and density for each site allocated for housing;
(iv) Identifies other allocations in the Parish, including employment and open space; and
(iv) identifies the infrastructure requirements to support new development.

Proposals for development outside of the settlement boundary will not be supported unless the Neighbourhood Plan or other Local Plan policy specifically allows for it.

All development proposals in Wivenhoe parish will be determined against and be required to comply with policies in the Wivenhoe Neighbourhood Plan and any relevant Local Plan policies.

Reason

Correction to update the plan to reflect the adoption of the Wivenhoe Neighbourhood Plan. Amended wording agreed between Council and Third Party following EiP Hearing

 

 

MM74

Para 14.246/Policies OV1: Development in Other Villages & OV2: Countryside

Modification

Move the following text from para 14.246 to Policy OV1 & OV2: Proposals in close proximity to a habitats site must demonstrate through HRA screening that the scheme will not lead to likely significant effects to the integrity of the habitats site. Where this cannot be ruled out a full appropriate assessment will be required to be undertaken.

Reason

Representation from Natural England & SCG1.

 

 

(2) MM75

Policy OV2: Countryside

Modification

Residential development proposals in the countryside, outside defined settlement boundaries, will need to demonstrate that the scheme respects the character and appearance of landscapes and the built environment and preserves or enhances the historic environment and biodiversity. be restricted to sSmall scale rural exception sites needed to meet local affordable housing needs. Schemes will only be considered favourably on appropriate sites provided a local need is demonstrated by the Parish Council on behalf of their residents, based on evidence gained from an approved local housing needs survey where they are supported by a Local Housing Needs Assessment. Where there is an identified need for certain types of housing, schemes must demonstrate how these needs have been met. Proposals should be supported by the relevant Parish Council.

Proposals in close proximity to a habitats site must demonstrate through HRA screening that the scheme will not lead to likely significant effects to the integrity of the habitats site. Where this cannot be ruled out a full appropriate assessment will be required to be undertaken.

Reason

Updated to better align with national view of rural residential development.

Clarification and consistency matter raised at the EiP Hearings regarding reference to Parish Council support. (Consistent with DM8)

Representation from Natural England & SCG1.

 

 

(2) MM76

Policy DM1: Health and Wellbeing

Modification

All development should be designed to promote healthy and active

lifestyles and avoid causing adverse impacts on public health through:

(i) Ensuring good access to health facilities and services;
(ii) Providing a healthy living environment where healthy lifestyles can be promoted including green space and creating attractive opportunities for activities including walking, and cycling, horse riding and formal sport, as well as clearly seeking to improve opportunities to increase levels of physical activity within the community

Reason

To provide further clarification as requested in representations from Sport England and Essex Bridleways Association.

 

 

MM77

Policy DM2: Community Facilities

Modification

Add the words "(in both cases)" after 'and' at the end of criteria (ii).

Add new criteria (iv) as follows:

The proposal involves a state funded school which is seeking to relocate into new buildings or sell assets to fund improved education services.

Reason

To clarify that criteria (iii) applies to both criteria (i) and (ii).

To ensure the policy is flexibly worded to enable school provision and to ensure consistency with DM3.

 

 

MM78

Policy DM3: Education Provision

Modification

Delete the first paragraph and replace with the following text, with the last paragraph remaining unchanged.

Sites proposed for, or in current educational use, or which have ceased to be used for education in the recent past, will be protected for that use. Where it is demonstrated that the educational use of the site is genuinely redundant the change of use, or re-development of educational establishments and their grounds, will be supported where:

i.  No other alternative educational, or community use can be found;
ii.  Satisfactory alternative and improved facilities will be provided; and
iii.  The area of the site to be redeveloped is genuinely in excess of government guidelines for playing field provision, taking into account future educational projections.


Sites that are in private or public education use or have recently ceased to be used for education purposes will be protected for that use.

Where in whole or in part educational use of a site is redundant or proposals for alternative use are put forward, re-development of buildings and/or the grounds will be supported where the local community is and will remain adequately served by alternative provision and receipts from the sale of the land will be invested in improved or expanded education facilities.

Reason

To enable school provision and to ensure consistency with Policy DM2.

 

 

(1) MM79

Policy DM4: Sports Provision

Modification

Amend the fourth paragraph of Policy DM4 as follows:

The Local Planning Authority will seek to secure community use as part of all new strategic sports proposals and as part of other smaller sport and leisure schemes submitted, including school sports facilities, where it is practical to do so.

Reason

To provide further clarification as requested in a representation from Sport England.

 

 

(1) MM80

Policy DM5: Tourism, Leisure, Culture and Heritage

Modification

Amend the first paragraph as follows:

...will be supported in suitable locations subject to minimising impact on, and demonstrating how the development could make a positive contribution to neighbouring areas and provide biodiversity enhancements

Reason

To provide further clarification as requested in a representation from Historic England and as shown in SCG3.

 

 

(1) MM81

Para 15.32 and Policy DM6: Economic Development to Rural Areas and the Countryside

Modification

Move text currently in paragraph 15.32 to the end of Policy DM6:

Proposals in close proximity to a habitats site must demonstrate through HRA screening that the scheme will not lead to likely significant effects to the integrity of the habitats site. Additionally, any planning application within 400 metres of a habitats site must provide mechanisms to prevent fly tipping, the introduction of invasive species and vandalism. Where this cannot be ruled out a full appropriate assessment will be required to be undertaken.

Reason

To ensure protection of habitats sites as requested in Natural England's representation and as shown in SCG1.

 

 

MM82

Policy DM6: Economic Development to Rural Areas and the Countryside

Modification

Amend Policy DM6 criteria (i) as follows;

... "Within allocated Local Economic Areas and on rural sites providing an economic function, the following uses are considered appropriate in principle;

(i) Business (B1) Offices to carry out any operational or administrative functions- E(g)(i); Research and development of products or processes- E(g)(ii); Industrial processes- E(g)(iii), general industrial (B2), storage and distribution (B8);

Reason

The Use Classes Order has been modified since submission of the CLP, specifically in relation to Class B1 which has been revoked. A modification is therefore considered necessary to the terminology used in Policy DM6. This reflects the fact that B2 and B8 uses are still considered appropriate within Local Economic Areas and on rural sites, but that the whole range of E class uses are not appropriate.

 

 

MM83

Policy DM7: Agricultural Development and Diversification

Modification

Amend paragraph 3 in the policy to read:

Proposals that are likely to have an adverse impact on the integrity of habitats European sites, Sites of Special Scientific Interest (SSSI) or the Dedham Vale AONB will not be supported.

Reason

To ensure protection of SSSIs as requested in Natural England's representation and as shown in SCG1.

 

 

(1) MM84

Policy DM8: Affordable Housing

Modification

Amend Policy DM8 as follows:

The Council is committed to improving housing affordability in Colchester. Accordingly, 30% of new dwellings (including conversions) on housing developments of 10 or more more than 10 dwellings (major developments) in urban areas and above 5 units in designated rural areas (in accordance with Planning Policy Guidance), should be provided as affordable housing (normally on site).

...Affordable housing development in villages will be supported on rural exception sites close adjacent or continuous to village settlement boundaries or where it will enhance or maintain the vitality of rural communities, provided a local need is demonstrated by the Parish Council on behalf of their residents, based on evidence gained from an approved local housing needs survey.

Reason

To ensure consistency with the NPPF.

 

 

MM85

Para 15.49

Modification

Add the following text to para 15.49 to read:

These sites need to provide gypsy and traveller communities with good access to education, health, welfare, water, sewage and employment infrastructure, bearing in mind the need to have due regard to the protection of local amenity and local environment. Sites should not be located in areas at risk from flooding and where practical to achieve be connected to the mains sewer system.

Reason

To ensure consistency with modification to Policy DM11 requested by the Environment Agency and shown in SCG2.

 

 

(1) MM86

Policy DM11: Gypsies, Travellers, and Travelling Showpeople

Modification

Add the two following paragraphs at the end of the existing policy wording:

Planning permission will be refused for the change of use of all Gypsy and Traveller sites or Travelling Showpeople yards identified in the Gypsy and Traveller Accommodation Assessment unless acceptable replacement accommodation can be provided, or it can be demonstrated that the site is no longer required to meet any identified needs.

Site selection should ensure that pitches are not located within areas at risk of flooding and are capable of being provided with appropriate drainage, water supply and other necessary utility services. For sewerage, a connection to the main sewer system will be preferable except when it is impractical to achieve.

Reason

To retain allocations from Adopted Local Plan to ensure needs of G&T are continually met and the policy is NPPF compliant.

To provide further clarity as requested by the Environment Agency and shown in SCG2.

 

 

MM87

Policy DM12: Housing Standards

Modification

Add the following new criterion:

(x) All new applications for accommodation, with a top storey above 11m (about 4 storeys) in height, are required in accordance with Building Regulations to provide sprinkler systems. Consideration should also be given to the inclusion of sprinklers in houses in multiple accommodation (HMOs), care homes and sheltered accommodation.

Reason

CBC Corporate decision following Grenfell Fire.

 

 

(1) MM88

Policy DM13: Domestic Development

Modification

Add the following text to Replacement dwellings in the countryside under criterion (v):

Note: There is a presumption in favour of retaining properties considered to be heritage assets and/or properties which positively contribute to the character of a rural conservation area.

Reason

To provide further clarity as requested by Historic England and shown in SCG3.

 

 

(1) MM89

Policy DM15: Design and Amenity

Modification

Add the following criteria:

(xi) Encourage Active Design.

(xii) Provide a network of green infrastructure, open space and landscape as part of the design of the development to reflect the importance of these networks to biodiversity, climate change mitigation, healthy living and creating beautiful places.

Reason

To provide further clarity as requested by Sport England.

To support recent and emerging government policy on climate change, healthy living and creating beautiful places.

 

 

MM90

Policy DM16: Historic Environment

Modification

Amend the first paragraph as follows:
...Development that will lead to substantial harm to or total loss of significance of a listed building, conservation area, historic park or garden or important archaeological remains (including development that adversely affects in the setting of heritage assets)...

Amend second paragraph as follows:
...or better reveal the significance of the heritage asset, in the first instance, unless there are not identifiable opportunities available where possible.

Amend penultimate sentence of paragraph two as follows:
In instances where existing features have a negative impact on the historic environment, as identified through character appraisals, (or other method of identification of historic assets), the LPA ...

Amend final sentence as follows:
Heritage statements Impact Assessments and/or Archaeological Evaluations will be required for proposals related to or impacting on the setting of heritage assets and/or known or possible archaeological sites, and where there is potential for encountering archaeological sites so that sufficient information is provided to assess the significance of the heritage assets and to assess the impacts of development on historic assets together with any proposed mitigation measures

Reason

To provide further clarity as requested by Historic England and shown in SCG3

Clarify terminology. Section 1 wording has strengthened to provide Heritage Impact Assessment work to be completed to support plan-making

 

 

(1) MM91

Policy DM22: Parking

Modification

Change first paragraph to read: '...the most recent local Parking Guidance Standards taking account of...'

Change second paragraph to read: '...with the most recent local Parking Guidance Standards, with a more flexible approach ...'

Add new criteria (v):

The need to ensure facilities are incorporated for electric and other ultra-low emission vehicles.

Reason

To provide further clarity as requested by Essex County Council.

To clarify that an adequate provision of spaces for charging plug-in and other ultra-low emission vehicles is needed.

 

 

(1) MM92

Para 15.133

Modification

Add the following additional criteria for flood risk assessments in Flood Zone 1:

Site specific Flood Risk Assessments must therefore be submitted with planning applications for development proposals on sites of 1 hectare (ha) or more in Flood Zone 1 or for all development proposals in Flood Zone 2 and 3 and in Flood Zone 1 for sites over 1 hectare (ha), land which has been identified by the Environment Agency as having critical drainage problems, land identified in a strategic flood risk assessment as being at increased flood risk in future, or land that may be subject to other sources of flooding, where its development would introduce a more vulnerable use.

Reason

To ensure consistency with the NPPF.

 

 

(1) MM93

Policy DM23: Flood Risk and Water Management

Modification

Amend criterion (ii) as follows:

ii) All major development proposals are required to reduce post development run off rate back to the greenfield 1 in 1 year rate, with an allowance for climate change. On brownfield sites where this is not achievable, then a minimum betterment of 50% should be demonstrated for all food events. This approach accords with the NPPF/PPG and al the most up to date UKCIP guidance. All minor sites should limit discharge rates as much as practical while considering the increased risk of blockage associated with smaller outfall orifice sizing.

Reason

To provide clarity in regard to the run off rate sought as identified by Barton Willmore Hearing Statement

 

 

(1) MM94

Policy DM25: Renewable Energy, Water, Waste and Recycling

Modification

Amend the 4th paragraph as follows:
To achieve greater water efficiencies, new residential developments will be required to meet the Building Regulation optional higher water efficiency standard of 110 litres per person per day, as set out in Building Regulations part G2 incorporate water saving measures in line with the tighter optional requirement of Part G2 of national Building Regulations of 110/l/h/d.

Amend the 6th paragraph as follows:
...District Heating Networks and Community led renewable energy initiatives at appropriate locations in the Borough, which will need to be subject to a Habitats Regulations Assessment and if necessary an Appropriate Assessment, to help reduce Colchester's carbon footprint.

Amend 7th paragraph as follows:
Renewable energy schemes with potential for adverse effects on internationally or nationally designated nature conservation sites, sites or nationally designated landscapes (Dedham Vale AONB) and heritage assets, will only be supported in exceptional circumstances,..."

Delete the final paragraph.

Reason

To provide consistency across the region by using wording in the Anglian Water, Environment Agency and Natural England advice note.

To provide further clarity as requested by Natural England and Historic England (Mod C only) as shown in SCG1 and SC3.

Unnecessary to refer to National Policy Statement and guidance note.

 

 

MM95

List of policies Superseded by Section 2 of the Local Plan

Modification

See Appendix 4, below.

Reason

To ensure consistency with Section 1 and meet the legal requirements.

 

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