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.
Conformity with adopted Section 1.
Amend all references to international sites, European sites and Natura 2000 sites to .
To ensure consistent wording throughout the plan. The Glossary of NPPF 2019 defines habitats sites.
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 SP6 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 Garden Communities straddling boundaries with adjacent and providing new greenfield sites in sustainable which will grow gradually, over time, extending beyond the plan period. The second tier also includes existing Sustainable Settlements within the Borough 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 the rural character of the Borough.
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.
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 SP8)
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 Commuunities will be made through a joint plans to be agreed with the relevant local planning authority, either Braintree (west) or Tendring (east), as outlined in Section 1 of this plan.
Addresses deletion of Colchester Braintree Borders Garden Community
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:
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
Policy SG3: Economic Growth Provision
The Local Planning Authority will encourage economic development and have allocated 39.7 hectares of land to plan for the delivery of B use class employment land ( in Colchester Borough up to 2033. An additional 4.5 hectares of employment land is expected to come forward in Colchester within the Garden Communities.
Update to reflect revised employment land allocations;
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 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 employment land is sufficient to meet Borough and local needs; and
Update in light of changes to Use Classes terminology
12.49 Tollgate competes with Colchester Town Centre for comparison goods expenditure. This is likely to be further exacerbatedas 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. Accordinglyit is important that planning policy for Tollgate District Centre ensures that it enables it to fulfil 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.
Modify explanatory text related to the deletion of text in SG6 requiring impact assessments at Tollgate District Centre.
Proposals for town centre uses that are not within a defined centre and are not in accordance with the Local 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 .
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.
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 proposal for main town centre uses isof 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 proposal for main town centre uses is 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 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 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;
In any centre exceeds the thresholds set out in table SG6 below, or;
Where the proposal is within Tollgate District Centre and exceeds the thresholds set out in table SG6 below or;
Where the Council considers that there are potential impacts arising from the proposal cumulatively with other committed development.
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
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,
The Local Planning Authority will only consent plans or projects where it can be ascertained that they will have no adverse effects on the integrity of a 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.
Clarification of terminology
Insert following paragraph to replace paragraph 13.5:
To update the plan on progress with the Essex Coast RAMS and as agreed with Natural England (SCG1).
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 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 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. Mitigation must provide net gains for biodiversity and conform to the requirements of relevant legislation and Government Standing Advice.
To provide further clarity, as shown in the SoCG with Environment Agency (SCG2).
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 net gains for biodiversity. Where residual impacts remain, off-site compensation may be required so that there is no net loss in quantity and quality of Priority Habitat in the Borough.
Update on biodiversity net gain. Modification agreed with Environment Agency (SCG2).
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 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:
Statement of Common Ground with Environment Agency (SCG2).
Policy ENV1 aims to control development outside of settlements to protect open stretches of countryside around and between existing settlements, , to prevent coalescence and retain settlement identity. Proposals are required to have regard to Colchester's Landscape Character Assessment and the Council's adopted Landscape Guidance for Developers to help conserve the borough's landscape character.
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.
In particular, d that have an adverse impact on the integrity of European sites, Sites of Special Scientific Interest or the Dedham Vale Area of Outstanding Natural Beauty (including its setting) will not be supported. Development proposals within designated areas or within the Coastal Protection Belt will need to comply with policies ENV2 and ENV4.
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;
(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 ;
(iii) Will conserve or enhance the biodiversity value of greenfield and brownfield sites and minimise fragmentation of habitats;
(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 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 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;
(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 mitigation and compensation measuresare 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.
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.
Policy ENV2: Coastal Areas
Include '' in criterion (iii), after the word landscape (page 99).
...Permission will only be granted where the Council is satisfied that after selection of appropriate mitigation the development will not have an unacceptable significant impact on air quality, health and well - being...
Colchester Borough Council will continue to adopt strategies to mitigate and adapt to climate change.
Add the following criteria after criteria (iii):
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 water infrastructure for the lifetime of the development.
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.
Policy PP1: Generic Infrastructure and Mitigation Requirements
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, , as required and supported by up-to-date evidence from appropriate sources including the Infrastructure Delivery Plan (IDP), Parish/ Council, or specially commissioned work.
(i)Adequate wastewater treatment, and sewage infrastructure enhancements for the relevant catchment area
(v) to minimise any negative impact on the surrounding landscape and/or listed buildings ;
Add new bullet point:
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
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, , and extend the time when the Town Centre is active subject to their impact on local amenity.
Clarify mix of uses that would be supported in line with more flexible national policy.
Policy TC2: Retail Frontages
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% retail use 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.
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.
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...
Redevelopment of Vineyard Gate over the plan period to provide retail and mixed use floorspace :
Mixed use scheme providing cinema, 85-room hotel; restaurants cluster; retail; student accommodation; Creative Business Centre (1.86 ha)
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.
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.
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.
Policy TC4: Transport in Colchester Town Centre
Provision for Rapid Transit services including space to provide capacity for these and connections onto other locations .
Add text to end of Policy:
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.
Policy NC1: North Colchester and Severalls Strategic Economic Area
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 proposed B class uses / activities on the site; and
iv. (iv) There is no reasonable prospect of the site being used for B class employment .
Proposals for main town centre uses will not be permitted within zone 1 of North Colchester and Severalls Economic Area.
Reflect changes in Use Class order terminology and the categorisation of offices as main town centre uses. (Main)
Policy NC4: Transport in North Colchester
Enhancements to the East / West public transport services, to serve the area to connect existing and new residential developments with employment and leisure opportunities. . The type of public transport service may vary.
Update policy to reflect CLP Section 1 policy.
New para 14.52
Add new para 14.52 Land at the ABRO site:
Omission from carry forward from Adopted Local Plan (Garrison Masterplan)
The Defence Infrastructure Organisation is disposing of a number of sites nationally including Middlewick Ranges. The site was proposed for the allocation of 2000 dwellings, however there are a number of constraints at the site which will restrict the final number of dwellings that can be delivered at this location, . Given the potential constraints associated with the site, there will be a requirement for a masterplanning approach working together with the MOD, to inform the best opportunities for delivering housing and supporting infrastructure, as well as ensuring the delivery of a development appropriate to its setting.
Updating required on background and additional guidance
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 Council is aware that the site supports at least one Protected Species, given the site's ecological sensitivity, full ecological assessments will need to be undertaken for all Protected Species, Species of Principal Importance during the appropriate survey season
Clarification of biodiversity net gain requirements
The area is a well-used recreational space, particularly with dog walkers. Any future development proposal will be expected to deliver new open space to meet the needs of existing and new residents in this part of Colchester, .
Ensure evidence base and masterplanning work adequately reflects full range of environmental considerations.
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 .
Clarification on matters in respect of requirements regarding contamination
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
Clarification of approach / timing to master planning and agreement with the Council
Developer contributions will be sought towards the cost of ecological mitigation including the provision of compensatory habitat to replace habitat lost to development. ecological mitigation, any on site contamination as part of the development of the siteenhancements to the public transport, walking and cycling infrastructure; .
Clarification in respect of requirements for developer contributions
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
Clarification regarding phasing in relation to Bio-diversity net gain
The allocation shown on the Policies Map is expected to deliver approximately 1000 new dwellings. The final number of dwellings will only be confirmed 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 which provides:
(i) up to 1000 new houses of a mix and type of housing to be compatible with surrounding development;
(ii) ; 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;
(iv) yof enhancements to sustainable travel connectivity including public transport, cycling and walking infrastructure,
(v) sion for retention or diversion of any existing public rights of way within the site Detailed ecological surveys
(vii) mitigation to enhance the ecology of the remaining areas of the Local Site including the provisionof compensatory habitat to replace habitat lost to development
(x) Strategic areas of public open space ,
(xii) Mitigation measures to address site contamination; and
A masterplan will be required to inform the detailed definition and mix of uses within the site.
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.
Amend the final bullet point of Policy SC3 to read:
Improvements to routes for walking and cycling including links to the Garrison and Boadicea Routes and complete gaps in the network.
Essex Bridleways Association Representation
Policy EC1: Knowledge Gateway and University of Essex Strategic Economic Area
3rd para: There will be a need for a comprehensive approach to development in conjunction with the new University Garden Community proposed to the east of Colchester....
6th para: Development will be expected to contribute to the cost of 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 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 or where it cannot be demonstrated that they are linked to the Research Park will only be supported where they:...
Correct name of Garden Community
Clarify requirement in line with Draft Statement of Common Ground with University of Essex.
Update Use Class terminology references.
Policy EC2: East Colchester/Hythe Special Policy Area
Amend criteria (i) and (xi) of Policy EC2 as follows:
(i )'... homes and community and environmental enhancements, and create a strong sense of identity for the area.
(xi) Develop the East Colchester Energy Centre and HEAT network;
For clarity, further to Network Rail Representation
Delete proposal that is no longer current
Policy EC3: East Colchester Allocations
Insert Text before Local Economic Areas in Policy EC3:
..in accordance with Table SG3and Policies SG3 and SG4.
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
Policy EC4: Transport in East Colchester
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 .
Amend the final bullet point of Policy EC4 as follows;...Improvements to connectivity for pedestrians and cyclists including;...
Update policy to reflect CLP Section 1 policy.
To clarify further to Essex Bridleways Association Representation
Policy WC1: Stanway Strategic Economic Area and Tollgate District Centre
All land and premises within the area allocated as the Stanway Economic Area will be safeguarded for economic / employment uses based on a zoned approach in accordance with the following principles:
: 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,
Do not generate potential conflict with the existing 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.
Within the area shown on the West Colchester Policies Map, comprising the Tollgate District Centre, proposals for 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 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.
(i) <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 ; 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 the vitality and viability of Colchester Town Centre and/or any other defined centre.
Clarify policy coverage
Update to reflect changes in Use Class terminology and to clarify policy relating to main town centre uses.
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 land 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 a 56 place early years and childcare facility (D1 use). An additional 0.13 hectares of land for a 56 place early years and childcare facility will also be required in Stanway in a location to be decided.
Add to the policy following second paragraph:
Add sentence to Land to the North of London Road allocation:
Delete Sainsbury's site residential allocation.
Land to the West of Lakelands
(i) A mix of uses to include: Approximately 150 new dwellings and provision of employment floorspace to be compatible with the surrounding residential uses;
Land off Dyers Road - Delete Criterion (v)
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.
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, and improving improvements to these routes where necessary.
Essex Bridleways Association Representation. Grammar correction
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.
Policy SS6: Fordham
Add criteria (iv):
To ensure that the policy gives appropriate protection to the historic environment.
Policy SS7: Great Horkesley
Revise text under School Lane (ii):development will facilitate access to the old village hall and contribute to the replacement of the scout hut
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
To clarify requirements for community facilities.
To ensure that the policy gives appropriate protection to the historic environment.
Amend criteria (ii) (in relation to Land on Brook Road) as follows: Suitable design and screening/landscaping to 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 area identified on the policies map which provides:
(i) 30 new dwellings with access off Greenfield Drive (Harvesters' Way and/or Farmfield Road) ; and
(ii) A minimum of 1ha of public open space adjacent to existing public open space.
To ensure consistency with other policies.
To provide clarification with regards to access.
Policy SS9: Langham
Add the following in relation to Wick Road:
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.
To ensure that the policy gives appropriate protection to the historic environment.
Policy SS10: Layer de la Haye
Update criteria i as follows:
i) 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:
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
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.
To remove reference to the Braintree Colchester Borders Garden Community
Amend opening sentence: Development proposals at caravan parks on Mersea Island, including change of use, ... on site, will be supported where they :
Amend criteria (ii): Help protect the integrity of European sites and minimise disturbance to migratory or over wintering birds using the sites;
To clarify that all criteria in the policy apply.
Representations Natural England and RSPB and Statement of Common Ground 1.
Policy SS13: Rowhedge
Deletion of criteria (iv) - Provision of new health services to be agreed with the North Essex Care Commissioning Group
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.
The Tiptree Neighbourhood Plan Working Group will prepar a draft plan which will include site allocation(s) and be subject to 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 600 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.
Update to reflect latest position in relation to Tiptree Neighbourhood Plan.
New Para 14.222
Add the following new paragraph:
Update to reflect latest position in relation to consents granted
Within the broad areas of growth shown on the Tiptree policies map, , 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 600 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 to guide the delivery of any infrastructure/community facilities required to support the development . ;
(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 , 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.
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.
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.
Residential development in the countryside, outside defined settlement boundaries, will be restricted to small scale rural exception sites needed to meet local affordable housing needs. Schemes will only be considered favourably on appropriate sites 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.
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)
All development should be designed to promote healthy
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,
To provide further clarification as requested in representations from Sport England and Essex Bridleways Association.
Policy DM2: Community Facilities
Add the words "after 'and' at the end of criteria (ii).
Add new criteria (iv) as follows:
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.
Policy DM3: Education Provision
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.
To enable school provision and to ensure consistency with Policy DM2.
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, , where it is practical to do so.
To provide further clarification as requested in a representation from Sport England.
Para 15.32 and Policy DM6: Economic Development to Rural Areas and the Countryside
Move text currently in paragraph 15.32 to the end of Policy DM6:
To ensure protection of habitats sites as requested in Natural England's representation and as shown in SCG1.
Policy DM6: Economic Development to Rural Areas and the Countryside
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) general industrial (B2), storage and distribution (B8);
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.
Policy DM7: Agricultural Development and Diversification
Amend paragraph 3 in the policy to read:
Proposals that are likely to have an adverse impact on the integrity of European sitesor the Dedham Vale AONB will not be supported.
To ensure protection of SSSIs as requested in Natural England's representation and as shown in SCG1.
The Council is committed to improving housing affordability in Colchester. Accordingly, 30% of new dwellings (including conversions) on housing developments of more than 10 dwellings 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 to village settlement boundaries 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.
To ensure consistency with the NPPF.
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, and employment infrastructure, bearing in mind the need to have due regard to the protection of local amenity and local environment.
To ensure consistency with modification to Policy DM11 requested by the Environment Agency and shown in SCG2.
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.
Policy DM16: Historic Environment
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 thatadversely affects in the setting of heritage assets)...
Amend second paragraph as follows:
...or better reveal the significance of the heritage asset, in the firstinstance, 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, , the LPA ...
Amend final sentence as follows:
Heritage statements 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
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
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
ii) All 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.
To provide clarity in regard to the run off rate sought as identified by Barton Willmore Hearing Statement
Policy DM25: Renewable Energy, Water, Waste and Recycling
Amend the 4th paragraph as follows:
To achieve greater water efficiencies new residential developments will be required to 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 Boroughto help reduce Colchester's carbon footprint.
Amend 7th paragraph as follows:
Renewable energy schemes with potential for adverse effects on internationally designated sites or nationally designated landscapes (Dedham Vale AONB) , will only be supported in exceptional circumstances,..."
Delete the final paragraph.
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.
List of policies Superseded by Section 2 of the Local Plan
See Appendix 4, below.
To ensure consistency with Section 1 and meet the legal requirements.
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