Preferred Options Local Plan

(2) 7. Development Management Policies

7.1 The development management policies below will guide the development management (planning application) process. They set out how development will be managed to ensure that it contributes towards the vision and objectives, via the strategic framework put in place by the policies contained in Part 1 and those covering Sustainable Growth, Climate Change, Environmental Assets and Places in Part 2.

(1) Health and Wellbeing

7.2 In recent years there has been a growing acknowledgement that the quality of the built environment and its sustainability are key factors in both the direct health of and the life style choices affecting the health of residents, workers and visitors of new developments.

7.3 Most development has a potential impact upon the health services and facilities that are provided in the Borough. Likewise, through the design of new development, healthy living can be promoted. The extent of these impacts needs to be assessed to ensure that adequate health services continue to be provided for the community as a whole. For developments which have relatively little impact upon health services, an initial assessment may be sufficient to satisfy the requirements of this policy. For developments where an initial assessment indicates more significant health impacts, a comprehensive Health Impact Assessment (HIA) will be required. The Borough Council will liaise with the NHS East Essex Clinical Commissioning Group when assessing the scope and scale of likely impacts. HIA should be prepared following the current best practice advice and reflect the most up to date evidence. Further details on preparing Health Impact Assessments can be found in the Guidance Note on HIAs produced by the Essex Planning Officers Association (March 2008).

7.4 Colchester has designated Air Quality Management Areas (AQMA) due to levels of Nitrogen Dioxide (NO₂) that exceed legally binding limits and have a significant impact on the health of local residents. Development schemes with a potential to cause harmful emissions to the atmosphere, including considerations of cumulative impact, will be required to assess these impacts and provide appropriate mitigation in line with the Borough's Air Quality Action Plan (AQAP) and Low Emission Strategy (LES).

(1) 7.5 Alternative Options considered

No change to existing policy - Whilst the policy may be adequate, reviewing the wording enables a clearer steer against which to determine applications where there are adverse impacts on the health and wellbeing of the community.

Relate requirement for HIA to EIA development - It may emerge in the future that an HIA is incorporated into Environmental Health Impact Assessment (EIA) so by implication will be required only when an EIA is triggered. The revised EU EIA Directive provides an opportunity for an integrated impact assessment to be undertaken, incorporating HIA within the EIA process. Provided this is undertaken thoroughly, then the EIA may be an adequate vehicle for consideration of the effects of projects on human health. However, the mechanisms for dealing more comprehensively with health in EIA have not been tested through practitioners' best practice, public consultation, the decision-making processes, or the courts. HIA is much more of a subjective and qualitative process and currently does not lend itself well to specific predicted outcomes or levels of significance in terms of community health impacts. It is therefore considered premature for the requirement for an HIA to be linked to an EIA, furthermore there may still be smaller proposals which do not trigger the requirement for an EIA, but that there is justification to assess the health impacts and therefore require an HIA.

No requirement for HIA - This would leave the Council open to challenge since it would not have any means to seek supporting information to measure the potential impacts of proposed development on health and wellbeing which in turn may lead to non-compliance with national policy.

(2) Community Facilities

7.6 Community facilities are an essential element of sustainable communities providing for education, childcare, health, culture, recreation, religion and policing (see Glossary). Policies elsewhere in the plan also cover protection and provision of open space and recreation facilities.

7.7 The Council needs to deliver a comprehensive range of high quality and accessible community facilities to meet the needs of new and existing communities in Colchester. Community projects which have been delivered recently, such as the Community Stadium and Firstsite, have regional and national significance. Local facilities such as schools and health centres also need to be delivered to support new and existing communities. A table will be included in the full/final plan) that will set out the key community facilities to be delivered in Colchester during the plan period. Additional facilities may also be delivered as part of new developments.

7.8 The Borough Council will safeguard existing facilities and will work with partners including the local community to bring together funding from a variety of public and private sources to deliver new community facilities. Development proposals will be required to review community needs and provide community facilities to meet the needs of the new population and mitigate impacts on existing communities.

7.9 The Council wishes to protect viable community facilities and services that play an important role in the social infrastructure of the area and support sustainable communities. In communities where access to alternatives may be very limited, the presence of key facilities may be very important in maintaining the quality of life. Examples of community sites and buildings include amenity open space, children's play areas, sports fields, village halls, local shops, leisure and cultural centres, public houses, community centres, churches, allotments, post offices, petrol stations, doctor's surgeries, libraries and schools, etc. In line with the NPPF (paragraph 70) the Council will guard against unnecessary loss of import facilities using processes such as listing facilities as Assets of Community Value where appropriate (under the provisions the Localism Act 2011).

7.10 The release of any community facilities must be fully justified. The Council will require any application involving the loss of a facility to be supported by written evidence and applicants should contact the Council at the earliest stage to discuss the details. The level of detail to be submitted will vary according to the level of access to alternative facilities and the extent to which the facility contributes towards sustainable communities but could be expected to include such evidence as:

1. In the case of a business, the current and projected trading performance;
2. In the case of a community facility, the current and projected patterns of use;
3. The nature and condition of the building and the cost of repairs, renovations or improvements needed to allow the facility to continue in operation;
4. The extent of the local catchment including the location of the premises in relation to local settlement pattern and accessibility;
5. The nature and location of comparable facilities;
6. The potential to relocate the use into other premises in the community;
7. In respect of public houses, the approaches and attempts to transfer from a chain of tied pubs to a free house;
8. In the case of a business, evidence that it has been offered on the open market as a whole (parts having not been identified for separate sale) and at a realistic market value. This should be for a period of not less than six months by a competent agent. Evidence should include sales literature, details of approaches, and details of offers; and
9. Evidence that the local community has been notified in writing of the intention to close the facility and has not, within a period of six months come forward with a realistic proposal to assume operation of the facility, including its proposals to finance and operate the facility.

7.11 The importance of particular facilities will vary between communities, and it is essential that the community is involved in considering the importance of any facility and the suitability of any proposals for alternative forms (and locations) of provision, and in developing means of retaining facilities, should their continued viability of operation be in doubt. Applicants proposing to redevelop or convert facilities valued by the community will be expected to consult local communities about the relative importance of the facilities which could be lost. Not all facilities satisfactorily meet the needs of local communities, and it may be that combining or rationalising facilities might be appropriate. This will be informed by the most up to date relevant evidence such as the Community Facilities Audit and Open Space, Sport and Recreation Facilities.

7.12 Support will be given to the provision of additional facilities where this will enhance the sustainability of community life and will meet the anticipated needs of a growing and changing population. The use of developer contributions and/or the Community Infrastructure Levy may well be appropriate in this respect. Further details of appropriate contributions can be found in the Community Facilities SPD and the Provision of Open Space, Sports and Recreation Facilities SPD.

Education Provision

7.13 Expansion to existing as well as new primary schools, secondary schools and early years provision will be needed in the Borough to support the new homes and communities that are being created. The NPPF (paragraph 72) sets out that great importance should be placed on the need to provide new school places. It also states that local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement, giving great weight to the need to create, expand or alter schools. The amount of land required is specified by Essex County Council as Local Education Authority. New designations will be subject to detailed design and layout to ensure the schools are located in the best positions for new communities.

7.14 Existing schools and education facilities, including early years, higher and further education will be supported to ensure they are able to deliver high quality educational provision and act as hubs for their local community. Remodelling and expansion of schools and education facilities will be supported wherever possible. The loss of school grounds or school buildings themselves will only be supported where it has been proven that there is no longer an educational need for the site, now or in the future, or that improved accommodation is being provided in an alternative location. Applications for existing schools are often dealt with by the County Council, but in some circumstances the Borough Council will be the relevant local planning authority. The new policy will apply for decisions made by Colchester Borough Council, and will be used to inform any consultation responses submitted to applications which are determined by Essex County Council, or any other appropriate agency.

7.15 Alternative options considered

No Policy / Rely on the NPPF - Whilst the NPPF provides support for the principles set out in the policy it is necessary to add more specific guidance to enable policy guidance to respond to the local priorities and context. In respect of policy on education, a strong permissive steer is to support new academies and free schools in the NPPF, so it is therefore important that a policy provides further guidance to provide the opportunity to inform proposals and seek appropriate mitigation if required.

(2) Strategic Sports

7.16 The existing sport, leisure and public and private open spaces within the Borough, represent important assets serving the communities in which they are located (or in some instances wider areas). This importance can relate not only to their function, but also to the amenity value and contribution to the character of an area in general in providing 'green lung', opportunities for a well-designed and inclusive public realm, and visual breaks in the built environment. If such provisions are lost to other uses it can be extremely difficult to find alternative locations particularly as open land is scarce and, therefore, at a premium.

7.17 Against this background, it is intended to secure the retention and enhancement of existing facilities unless a case can be made that alternative provision will be provided in a wholly acceptable manner. There are a wide range of organisations currently delivering sport and leisure facilities within the Borough including strategic sports providers such as the University of Essex, the Garrison and Colchester Institute.

7.18 A Strategic Sports Board has been established and a Sports Delivery Group is being formed to ensure that the delivery of sports and leisure facilities is planned and delivered in a coherent way.

7.19 The Council will work with the Strategic Sports Providers as well as developers, schools, sports governing bodies, sports clubs, Active Essex/Active Colchester and Sport England to plan for and secure the delivery of a range of new sport and leisure facilities across the Borough over the plan period to serve residents' needs, encourage active lifestyles and to increase participation in formal and informal recreation.

7.20 A number of documents will be used by the Council when assessing planning applications relating to proposed development of open space and sports facilities. These include the Sports Facilities Strategies (and subsequent updates) and Sports Development Plans prepared by other strategic sports providers in Colchester. Sport England will be consulted on any application that is likely to prejudice the use of or lead to the loss of use of land used as a playing field (whether presently used, or used within the last 5 years, or allocated for such use).

Policy alternatives

7.21 No change to existing policy - the current policy could have been retained but new evidence has been gathered about sport and leisure needs in the Borough which is not reflected in the current policy.

Tourism, Leisure, Culture and Heritage

7.22 Colchester's rich historic heritage and range of beautiful landscapes provides the basis for an important tourism sector which creates jobs and provides facilities, attraction and environments for visitors that also enhance the quality of life for local residents. Proposals to support this sector will accordingly be supported subject to their accordance with the Council's spatial hierarchy and policies. It is important to ensure that new development does not detract from the settings and features that make visitor destinations attractive and distinctive.

7.23 The Borough's historic Town Centre is the focal point for visitor attractions and accommodation as well as leisure and cultural facilities. In line with national policy, proposals falling within the category of 'town centre uses' as defined in the NPPF glossary will be subject to a sequential test to ensure they align with the Council's spatial hierarchy which prioritises the town centre.

7.24 In rural areas, the council recognises that existing visitor accommodation sites may be an acceptable location for further small-scale development although not readily accessible by public transport. In order to maximise the benefits of tourism to rural economies it is important to locate new tourism development in locations where visitors can help to support local shops, pubs and other rural services. Some leisure and cultural facilities including sports facilities such as golf courses, sports pitches and water-based attractions require significant amount of open space and accordingly can be appropriate for suitable countryside locations. Given that they also entail environmental and visual impacts from built structures, increased traffic and landscape and habitat changes, it is important to ensure new facilities are evaluated carefully in light of considerations of amenity, environmental and landscape impact and accessibility. Proposals for new or extended visitor facilities will be assessed against their ability to help deliver policies SD1, SG4; ENV1 (Environment) OV1) (DM23) & DM24, ENV4 and WC3 and other relevant policies.

7.25 Alternative options considered

No policy/rely on the NPPF - The importance of the tourism, leisure and culture sectors to the Colchester economy and quality of place warrants specific policy attention to ensure an appropriate level of provision.

(1) Economic Development in Rural Areas and the Countryside

7.26 The Local Plan supports rural communities and sets out a flexible approach that maintains a balance between environmental considerations and appropriate business growth. The countryside is viewed as a good location for some businesses, particularly those specific to rural tourism. Business preference for rural sites also reflects the pleasant environment and the availability of relatively cheaper premises in comparison with built-up areas. The Borough is also coming under particular pressure for employment based development in the countryside because there are a significant number of large agricultural buildings and other rural buildings that are potentially suitable for conversion to employment use, coupled with the high rental values to be found within the built up area. This demand needs to be considered in the context of environmental impacts, accessibility and in relation to local rural economic development in the Borough, and specific economic needs. Improvements to rural broadband is also enabling more businesses to locate to rural areas.

7.27 Policy SG4 sets out the Council's approach for appropriate land uses within all sites across rural Colchester that are in employment use. The 'B' Use Class traditionally encompassed the majority of uses considered to constitute employment uses in planning terms. In some cases a more flexible approach around employment uses is now needed to ensure compliance with national planning policy and guidance.

7.28 The loss of employment land, in the Borough could affect the Council's ability to achieve its economic development objectives. The Local Plan establishes the scale and general location of land for employment purposes and states that as a general principle such land should be safeguarded. However, in accordance with the NPPF, land and premises will not be protected where there is no reasonable prospect of it being developed for an economic use.

7.29 In rural areas, where the local need for employment land can be met elsewhere, it may be that alternative uses could be considered favourably (within the context of the other policies in the Local Plan). Exceptionally, an alternative use may be preferable, providing evidence is submitted in support of the alternative use. Applicants will need to demonstrate that the site is no longer usable and viable for another form of employment use, for example where continuation of the employment use would be detrimental to other planning objectives such as regeneration, protecting or enhancing the appearance of the countryside, or where other economic benefits to the area might result such as through tourism.

7.30 Consideration of overall economic benefits must also extend to include addressing the future of any firms displaced through the redevelopment, including redevelopment for a new employment use. The Local Planning Authority is more likely to be supportive of the re-use and conversion of rural buildings that are adjacent to or closely related to a sustainable settlement. Conversely, change of use of isolated buildings is unlikely to be acceptable unless they would ensure the retention and preservation of a heritage building and the use does not result in a significant increase in the level of activity and traffic generation to and from the site. Each proposal will be considered on its merits in line with this policy, other relevant policies in the Local Plan and permitted development rights.

7.31 Schemes involving the re-use of historic rural buildings will be required to comply with the provisions of policy DM16. Proposals that are small-scale in nature and which respect local character are more likely to be supported, whereas those with the potential to generate traffic related problems may not be supported.

7.32 Preference will always be towards re-use and conversion of existing buildings where this is possible rather than the construction of new buildings. Consequently, where a building is to be replaced applicants will need to demonstrate to the satisfaction of the Local Planning Authority that any available buildings are not capable of renovation and may be requested to submit a structural survey. Where suitable developments can be identified, support may be given to the provision of workspace or incubator units.

7.33 There are a number of well-established employment sites in the rural parts of the Borough, where some important local companies are located. Companies are often seeking to expand their operations within the site and this can be more appropriate than the company seeking alternative premises outside of the Borough, in order to retain the economic and social benefits which can arise from companies located in rural areas. It will be beneficial for applications to expand existing operations to be supported by a business plan, depending on the scale of the development proposed. In some cases for the purposes of business or employment use replacement buildings can be more appropriate than the continued use of existing buildings. There are a number of sites in the rural areas of the Borough which are visually intrusive and where redevelopment could significantly enhance the local environment.

7.34 Landscaping and planting should be used to aid in the reduction of impact on the countryside of development. Proposals for new isolated buildings in the countryside will not normally be permitted in accordance with national policies. Change of use to residential will not be supported within allocated Local Economic Areas or at unallocated rural sites providing an economic uses.

7.35 Alternative Options considered

No policy/rely on the NPPF - The current Local Plan includes two policies DM6 and DM9 that guide employment uses in rural areas. Both polices have been amended to reflect the introduction of the NPPF and also in response to recommendations about the future use of allocated Local Economic Sites in the Employment Land Needs Assessment Report.

(1) Agricultural Development and Diversification

7.36 Paragraph 28 of the NPPF promotes the development and diversification of agricultural and other land-based rural businesses. This may well involve adaptation to new markets and ways of operation, and diversification of activities.

7.37 The agricultural economy in the Borough is changing, as increasingly farmers are seeking to diversify in order to remain in farming. Accordingly the Council is seeking to encourage farm diversification schemes that are planned on a comprehensive basis to retain a viable agricultural unit by seeking additional incomes from other sources which still relate to the countryside. Whilst the Council will support appropriate farm diversification schemes, the Council will resist proposals that would harm the rural area or segregate the existing agricultural use or farm holding. A farm shop selling products produced on the farm unit itself and which does not require a new building is unlikely to require planning permission.

7.38 In order to protect the quality and distinctiveness of the local landscape, the Council wishes to prevent un-coordinated development in rural areas and the gradual stripping of assets from farms without regard for the viability of the holding. Applicants must also have regard to the policies regarding conversion and replacement of rural buildings. Appropriate sustainable business proposals could include tourism, conversion of buildings for employment and other uses related to an activity that would normally be found in rural areas. However, schemes that include or could lead to future pressure for new residential dwellings will not be permitted unless there are exceptional circumstances in line with national policy.

7.39 Proposals for farm diversification should also take account of other relevant policy criteria, in particular but not exclusively, policy DM6 in relation to the re-use of existing buildings and appropriate rural employment uses, policy DM16 in relation to the re-use of historic farm buildings and policyDM21 in relation to access considerations.

7.40 The Council recognises that provisions within the General Permitted Development Order 2015 (such as Classes P, Q, R and S) are in place to enable a speedy supply of rural-based businesses and a housing stock of smaller rural dwellings, that utilises existing buildings, under completely different sets of considerations to Planning applications. However, these measures should not be regarded as "fall-back" positions for speculative development by rural land-owners and will not be treated as such by the Council. Any applications falling outside the scope of Permitted Development will be considered against other relevant policies in the Local Plan in the interests of sustainable development.

Alternative Options considered

7.41 No policy/rely on the NPPF - The current Local Plan includes policies that guide employment uses in rural areas, including diversification. Polices have been amended to reflect the introduction of the NPPF and also in response to recommendations about the future use of allocated Local Economic Sites in the Employment Land Needs Assessment Report.

(1) Affordable Housing

7.42 The need for affordable housing is high in Colchester, as it is elsewhere in the Eastern region. The Council's evidence in the Strategic Housing Market Assessment supports a target of 30-35%, but this target must be balanced with viability considerations and allowance will need to be taken of the fact that some sites may not deliver affordable housing for example, due to government policy thresholds. Viability work will be updated as required to ensure the target reflects the balance between essential housing need and viability. Where 20% is not considered to be viable, applicants will need to submit information on viability. The Council will expect developers to meet the Council's reasonable costs associated with viability appraisals in instances where the level of affordable housing is disputed.A target of 20% will optimise affordable housing delivery on greenfield land whilst facilitating the regeneration of rundown areas.

7.43 In instances where the provision of affordable housing is supported by the delivery of some open market units on a rural exception site, it will be essential to ensure that the number of open market units never dominates a particular scheme. In determining the number of open market units required to facilitate the delivery of affordable units, the Council will expect applicants to demonstrate viability calculations starting with 100% affordable housing. The same calculations should then be applied with the introduction of one open market unit at a time until a point is reached where the delivery of the rural exception site becomes viable. The number of open market units on a rural exception site should be less than the number of affordable units delivered.

7.44 Alternative Options

No Policy / Rely on the NPPF - The NPPF expects that Local Plans will provide further detail on how affordable housing will be provided given that targets need to reflect local circumstances as documented in the Council's evidence base..

Set an Alternative Target - Alternative targets could be set, in particular given the ever increasing need for more affordable housing, but the current target of 20% is considered to represent the best balance between housing need and viability considerations.

Housing Density

7.45 The density of housing development can have significant implications for sustainability, local character, travel behaviour, development land take, and residential amenity.

7.46 New developments must enhance local character and optimise the capacity of accessible locations. Locations with good access to the Town Centre, are more suited to higher density development, although a flexible approach will be important to ensure that densities are compatible with the surrounding townscape. Higher density developments in these locations can accommodate more people at locations with good access to employment, shops and education, and allow residents to easily access their needs by walking, cycling and public transport. This in turn supports the provision of local business, services and infrastructure. However, high density development that is poorly located or poorly designed can have adverse impacts on the local community, built character, traffic and sustainability. High density developments need to have regard to biodiversity and open spaces provided within urban areas and on brownfield sites.

7.47 Densities therefore may need to be moderated at less accessible locations and to reflect local character. The provision of open space, parking and a mix of housing will also have moderating affect on densities. The density of developments also needs to be informed by the provision of open space and parking, the character of the area, and the mix of housing.

7.48 Alternative options considered

Set Minimum / Maximum Densities - The policy could specify a minimum or maximum density for all sites in the Borough. This may address the efficient use of land, however, it will not allow for the density to have regard to the character of the area and respond directly to site specific characteristics.

Leave to NPPF - This would not be a compliant approach as the NPPF requires LPAs to set their own densities which reflect local circumstances

7.54 Alternative options considered

Set specific allocations for every type of specialist housing - this would increase levels of certainty that provision is made, but would not allow for sufficient flexibility for categories such as older people's housing that could be provided in a range of types and locations.

Gypsies, Travellers, and Travelling Showpeople

7.55 The Borough Council will seek to provide appropriate sites to meet the needs of the gypsies, travellers and travelling showpeople in the Borough as identified through the latest Gypsy and Traveller assessment work and further to guidance from Government set forth in 'Planning policy for traveller sites'. 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.

(1) Housing Standards

7.56 It is important to strike an appropriate balance between providing freedom and flexibility for the housing market to operate and ensuring that a range of sites are available for different areas of the housing market. However, the different types of dwelling should be suitably designed to consider the potential needs of their perspective occupiers and the Design and Access statements submitted with planning permissions should cover this point. It is expected that new residential development will address the requirements of Lifetime Homes standards, which incorporate 16 design features providing a flexible blueprint for accessible and adaptable housing to meet the needs of people at all stages of life. While Lifetime Homes can be converted to full wheelchair accessibility, there is a particular need for housing that is wheelchair accessible from the outset. The revised Part M building regulations require the minimum standard for all new dwellings which makes them suitable to be visited by a wheelchair user. Anything over and above this baseline standard will only be permitted where the council has demonstrated a clearly evidenced need, and where their impact on viability has been considered, in accordance with the National Planning Policy Framework and Planning Guidance.

7.57 Accessible, well-designed and easy to use waste and recycling facilities will be needed in new developments to help the Council meet its recycling targets. High quality sustainable development also includes adequate arrangements for servicing and refuse vehicles, storage, parking for cars and cycles and electric vehicle charging points, in accordance with Policy DM22.

(1) Domestic Development: Residential alterations, extensions and outbuildings

7.58 There have been a number of changes to planning regulations in recent years which have increased the forms and scope of domestic development proposals not requiring planning permission. Further guidance on the types of development that do not require planning permission can be obtained from the government's Planning Portal: www. www.planningportal.co.uk.

7.59 This policy should be read in conjunction with Policy DM1 (Design and Amenity). Together the policies set out the criteria for assessing planning applications for domestic development proposals which includes residential alterations, extensions and annexes as well as replacement dwellings and flat conversions. In addition to these policies the Council may publish further guidance relevant to domestic development which should be consulted prior to submitting a planning application.

7.60 The Council wishes to retain and promote a balanced mix of dwelling types and sizes in the borough and avoid the loss of smaller and more affordable units. Therefore extensions and annexes should always be compatible and subordinate to the original dwelling and not result in the over-development of residential plots.

7.61 The Council also wishes to ensure that dwellings do not incrementally grow by a succession of small extensions which cumulatively can alter the scale and character of the original dwelling. Therefore the Council will take into account the cumulative impact of development when determining applications for domestic development proposals. For the purposes of this policy, the 'original' dwelling is defined as the building as it existed on 4th November 1993, or as it was originally built, if later than this date.

7.62 In order to retain the availability of smaller and more affordable dwellings in the countryside, replacement dwellings should be of an appropriate scale to their rural setting and not result in any greater adverse impacts than the dwellings they replace. For the purposes of this policy the countryside means all areas outside of defined settlement boundaries.

7.63 In order to protect the borough's countryside, proposals for extensions of domestic gardens into the open countryside will not be permitted if they result in an adverse impact on the surrounding countryside; result in the loss of good quality agricultural land; or set a precedent for unacceptable extensions to gardens at one or more neighbouring properties. Where planning permission is granted, applicants will be expected to relinquish their permitted development rights over the new area of garden.

7.64 The Council recognises the important contribution flat conversions make to the provision of smaller and more affordable dwellings in the borough, particularly in urban areas where demand for such units are at their highest. However flat conversions will only be permitted where they are sympathetic to the original dwelling and make appropriate provision for amenity, storage and parking. Importantly flat conversions should not result in unsatisfactory living conditions for future residents.

7.65 Domestic development proposals represent a large number of planning applications received by the Council. The wording of policies must reflect the competing interests of planning applicants and other stakeholders, including those most affected by development proposals such those occupying neighbouring dwellings.

7.66 The policy has to allow householders the freedom to develop their property in a manner they choose whilst ensuring that proposals do not adversely affect the original dwelling or the surrounding area.

7.67 From a strategic perspective the policy must recognise the requirement to retain and promote a balanced housing stock by preventing smaller and more affordable properties from being either extended into a much larger property or being replaced with a larger dwelling.

7.68 Finally the policy must ensure that the conversion of dwellings into flats is carried out in a satisfactory way from both the perspective of the original dwelling's appearance but also prospective residents who have the right to satisfactory living conditions.

7.69 Alternative Options

No Policy / Rely on National Guidance - if there was no domestic development policy included in the Local Plan there would have to be a reliance on the NPPF and PPG to inform the determination of such proposals. Given that both national policy and national guidance do not provide any detail on the types of development proposals covered in this policy, on their own they would not be sufficient to ensure development is of an acceptable standard. Although permitted development rights have increased the types and scale of development which doesn't require planning permission, the proposed policy is required to ensure development proposals for alterations, extensions, annexes, replacement dwellings and flat conversions outside of permitted development rights are carried out in a way which respects local areas as well as protecting the needs of existing and future neighbours and residents.

(1) Rural Workers Housing

7.70 The NPPF states that one of the few circumstances where a new dwelling within the countryside may be justified is when accommodation is required to enable agricultural or rural workers to live at or in the immediate vicinity of their place of work.

7.71 While Colchester Council's preference is for such workers to live in nearby towns or villages, or suitable existing dwellings to avoid new and potentially intrusive development in the countryside, it acknowledges that there will be some instances where the nature and demands of certain rural businesses will make it essential for one or more people engaged in the enterprise to live at, or very close to, their place of work.

7.72 Such a need however must be essential to the successful operation of the rural business. Any proposal for a new agricultural/rural workers dwelling will be expected to satisfy all the criteria set out in Policy H6.

7.73 The need for a rural workers dwelling could be generated by a range of traditional rural land activities such as agriculture, forestry, fisheries, rural estate management, certain equestrian businesses and horticulture.

7.74 Applications will be subject to a functions test to establish whether it is essential for the proper functioning of the business enterprise for one or more workers to be readily available. Such a requirement might arise where a worker or workers need to be available round the clock to respond to situations where livestock/animals or agricultural processes require essential care at short notice or emergencies that could otherwise cause a serious loss of crops or products e.g. by frost or failure of automatic systems.

7.75 Given the restrictions on the delivery of new dwellings in the countryside, the scale and design of any proposals for rural workers' dwellings should reflect their countryside location and their function as housing for a rural worker. While many people work in rural areas e.g. in offices, schools, workshops, garages and garden centres, it is unlikely that they will have an essential need to live permanently at or near their place of work. Being employed in a rural location is not considered sufficient justification to qualify as a rural worker with an essential housing need.

7.76 Changes in the scale and character of agricultural and forestry businesses have the potential to affect the longer-term requirement for dwellings in the countryside particularly where these had an "agricultural worker occupancy" condition attached when planning permission was granted. In such cases, the Borough Council recognises that it would fulfil no purpose to keep such dwellings vacant, or that existing occupiers should be obliged to remain in occupation simply by virtue of a planning condition that has outlived its usefulness.

7.77 Nevertheless, the Borough Council will expect applications for the removal of an occupancy condition to demonstrate convincingly that there is no long-term need for an agricultural dwelling in the locality. Such dwellings could be used by other agricultural and rural workers seeking accommodation within the wider surrounding area, therefore it will need to be demonstrated to the Borough Council that the dwelling tied to an occupancy condition has been effectively marketed to likely interested parties in the area concerned, and that no genuine interest has been shown regarding the purchase or rental of the dwelling for a rural worker with an essential need to live in the local community.

7.78 Alternative Options considered

No policy/rely on NPPF - the NPPF makes reference to the need to plan for rural workers housing needs in paragraph 55 but only at a very high level. A more detailed Local Plan policy is required to provide the local policy context clarity the criteria that applications. Policy OV2 is a new policy that was adopted in 2014. It is NPPF compliant and the policy sets clear guidance about the circumstances when proposals for rural workers houses will be supported and provides guidance about future uses of such dwellings when they are no longer required for a rural worker.

(1) Design and Amenity

7.79 Good design is indivisible from good planning and a key NPPF requirement for ensuring sustainable development. High quality design benefits everyday users and society as a whole, by creating desirable, functional and efficient places, which help support improved amenities, inclusive communities, economic activity and reduced environmental impact. Design quality is particularly relevant in Colchester given the need to generate local support for planned growth, complement historic assets and to ensure regeneration activities leave a lasting place-making legacy.

7.80 In Colchester, as elsewhere in the UK, there is a need to deliver high quality design, whilst still ensuring sustainable development is viable. As a result there is a need to make sure policy guidance helps achieve best practice, providing clarity and securing development which is both good enough to approve and deliverable.

7.81 The promotion of good processes will be important in raising standards, including as appropriate for guidance/development:

• Good design team selection;
• Design guidance (e.g. masterplans, design codes, development briefs and neighbourhood plans) for priority growth and regeneration areas. These might be produced by The Council or other key stakeholders as appropriate;
• Site and context analysis to identify issues and opportunities;
• Alternative options to test the pros and cons of alternative proposals;
• Pre-application dialogue (perhaps as part of a Planning Performance Agreement), to help identify improvements;
• Independent Design Review on appropriate schemes;
• Proposals being informed by key stakeholder consultation;
• Supporting well designed self and community led development;
• Submission of design material which allows for accurate assessment;

7.82 Requests by the Council for information in relation to applicant's design proposals will be reasonable and proportionate to the nature and scale of the proposal. The NPPF highlights the importance of plan-led development through to detailing, especially on larger scale developments. This can be achieved by following the principles of Garden Cities or those of other potentially appropriate urban design models, such as urban, village and arcadian case studies outlined in the Essex Design Guide.

7.83 Development must positively contribute to the public realm, preserving or enhancing the sense of place, including historic interest, landscape, townscape, streetscape, character areas, route hierarchy, roofscapes, key views, gateways, nodes, edges, landmarks, green links and spaces. Guidance does not attempt to impose architectural styles or personal tastes, though high quality traditional/contemporary designs and materials should positively respond to their physical and cultural context, and be correctly interpreted through to forms and detailing. Common design risks should be avoided such as excessive standardisation, mono-use sprawl, ungainly forms, uninspired public realm design, parking dominated streets, use of second-rate materials, poorly applied design styles, weakly defined spatial enclosure, screening as justification for poor design and a lack of townscape interest or legibility.

7.84 The promotion of walking, cycling and public transport will assist in creating an environment that is attractive, healthy, sociable and safe, whilst more generally helping promote sustainable forms of development. This might be achieved in different ways, including through compact development models, good connectivity especially for strategic desire lines, high quality streetscape and landscape, shared space, filtered permeability, carfree zones and wayfinding measures.

7.85 Well-thought out site plans include a consideration of how design can reduce anti-social behaviour by orientating and placing buildings, windows and access points to provide clear lines of sight and natural surveillance. Public and private open space should be clearly differentiated, avoiding piecemeal and isolated patches of public space that could be prone to vandalism.

7.86 The Council's Supplementary Planning Documents (SPDs) provide further design guidance, which is updated from time to time. Reference may also be made to relevant nationally produced guidance, such as By Design: Urban Design in the Planning System and the Urban Design Compendium. The Building for Life assessment tool is promoted for use on major housing schemes. It is the industry standard, endorsed by Government, for well-designed homes and neighbourhoods, helping prompt improvements, qualitative review and performance monitoring.

7.87 Internal infrastructure and services necessary for a development to function effectively should be provided in conjunction with the commencement of the development so as not to place undue strain on the existing environment and local economy.

(1) Historic Environment

7.88 Colchester's importance as a historic town warrants a policy detailing and reinforcing the need to protect and enhance the historic environment. The policy is also applicable to heritage assets in rural areas of the Borough and will help to protect and enhance assets in these areas. In the local area there are a number of buildings which detract from the appearance of heritage assets and the opportunities for redevelopment should be encouraged.

7.89 There will be a presumption in favour of the physical preservation in situ of nationally important archaeological remains (whether scheduled or not). The more important the asset, the greater the weight will be for preservation in situ. In accordance with national legislation, preservation of remains may require the refusal of development that could be detrimental.

7.90 Developers will be required to make provision for the recording of any heritage assets adversely impacted by development and to make provision for full analysis and reporting, and to ensure this, and any archive generated, this is publically accessible. Provision will be required to enhance the Urban Archaeological Database and to provide for the long term curation of the archive.

7.91 Where appropriate, provision will be required for interpretation and access in situ, where public access is possible without detriment to the site, or at a suitable off-site location, and for realising the social, cultural, economic and environment benefits of the historic environment.

7.92 There are a number of existing buildings and built environments within the Borough, which do not have a statutory basis for protection, but which nevertheless retain a distinctive historical or architectural character that it is considered desirable to keep. The Council, working with local experts, will prepare a Local List of buildings and groups of buildings, which are considered to be of particular historic or architectural merit; this will be used to ensure that when assessing applications for planning permission their particular character is considered. Conditions will be applied to allow for the inspection and recording of buildings on the Local List.

7.93 There are also a number of neighbourhoods within the Borough that are characterised by spacious properties built at low density within a well treed setting, or else that retain a particular "period" character. Context appraisals will be required for all development and where a proposal is within a neighbourhood with a distinctive character which it is desirable to keep, the proposal will need to demonstrate that it protects and enhances the special qualities of the area.

7.94 Alternative options considered

No Change to Policy - The policy would not reflect the most up to date position regarding available evidence and also would not provide clarity in relation to the importance of the significance of the heritage asset as required by the NPPF.

(1) Open Space

7.95 Existing open spaces, green link networks and allotments provide the people of Colchester with opportunities for passive and active recreation and encourage healthy and active lifestyles. It is important that all residents have access to open space within walking distance of their home. Strategic green links provide valuable corridors for the movement of people. The green spaces along the Colne River, for example, connect the town centre, suburbs, countryside, villages and the coast. These corridors provide alternative means for people making journeys into and across Colchester. The Council will therefore seek to protect and enhance these important links.

7.96 The Council commissioned an Open Space Study in accordance with the National Planning Policy Framework to identify areas with deficiencies of open space. Development will be required to make contributions towards meeting these deficiencies in accordance with Council's adopted SPD for Open Space, Sport and Recreation (updated as required). The Open Space Study sets specific targets to guide the provision of different types of open space across the borough.

7.97 All housing developments, including higher density development, should provide new residents with access to private and/or communal open space, in addition to public open space requirements. At least 25sqm per dwelling of private/communal open space will be sought for flats and maisonettes, whilst houses should provide larger private garden. Higher density schemes will be encouraged to utilise innovative design solutions to provide open space on difficult sites.

7.98 The existing public and private open spaces including allotments within the Borough, represent important assets serving the communities in which they are located (or in some instances wider areas). This importance can relate not only to their function, but also to the amenity value and contribution they make to the character of an area in general by providing a 'green lung', opportunities for a well-designed and inclusive public realm, and visual breaks in the built environment. They also provide alternative green spaces which help alleviate pressure on Internationally designated sites. If such provisions are lost to other uses it can be extremely difficult to find alternative locations particularly as open land is scarce and, therefore, at a premium. An Appropriate Assessment will be prepared to accompany the Submission Local Plan which may identify additional open space needs. Further discussion will be needed with Natural England regarding this issue.

7.99 Against this background, it is intended to secure the retention of existing facilities unless a case can be made that alternative provision will be provided in a wholly acceptable manner. Alternative provision could comprise existing provision in the locality of the type of open space as defined by the National Planning Policy Framework, providing there is not a deficiency in that type of open space. A number of documents including the PPG17 Audit and Assessment of the Borough's public); Colchester Parks and Green Spaces Strategy (2008) and Colchester Green Infrastructure Strategy (2011) and any updated evidence as appropriate will be used by the Council when assessing planning applications relating to proposed development of open space and sports facilities.

7.100 Well designed open spaces can deliver multiple functions. As well as their value for wildlife, quality of life, health and recreation, they also provide opportunities for Sustainable Drainage Systems (SuDs) for surface water runoff management.

7.101 The Essex Design Guide sets standards for amenity space provision for new residential developments. The Urban Place Supplement recognised these standards were not always helpful for producing good quality development in compact urban developments and this evaluation has informed the requirement of this policy that generally seeks the provision of 25m² of high quality, private amenity space for each dwelling. It is important that new developments avoid the piecemeal provision of small areas of open space and instead provide sufficiently large areas of open space to serve as accessible and attractive zones for residents' leisure activity and recreation. Green links alongside existing hedgerows and tree lines can also have high amenity value.

7.102 New development can place increasing pressure on existing open spaces. Developments therefore will be expected to deliver areas of open space to meet the varying needs of residents for recreation and leisure and also deliver attractive high quality neighbourhoods for people to live in. At least 10% of the total gross site area should be provided as local open space as an integral part of new development proposals. Where this is not possible, particularly where a development site is small, the site developer will be expected to provide a commuted sum towards the provision of open space off site subject to this being within any pooling restrictions which apply at the time.

7.103 Developments should help contribute to the accessibility, quantity and quality standards set out in Appendices N, P and Q in the Borough Council's PPG17 Open Space, Sport and Recreation study (or updates as required). All open space shall be provided in a timely manner (so as to enable reasonable and appropriate access by new residents to this facility); should be fully equipped in a satisfactory manner as agreed by the Local Planning Authority; and, laid out at the expense of the developer and where appropriate, dedicated to the Council with suitable provision for ongoing maintenance. Further guidance on the level of contributions for commuted sums and the methodology for their calculation is set out in the Supplementary Planning Document on Provision of Open Space, Sports and Recreation Facilities, (which will be updated as required).

7.104 Alternative options considered

No Change to Policies - This would retain elements of unnecessary repetition and also include some references which are no longer relevant;

No policies and rely on NPPF - This would not be compliant with national policy as there is a requirement for Local Plans to cover the local application of evidence to ensure adequate protection and provision of open space, sport and recreation to meet the needs of the local community.

(3) Promoting Sustainable Transport and Changing Travel Behaviour

7.105 The Spatial Strategy ensures that development is located to reduce the need to travel or development is of a scale that promotes sustainable transport that is accessible for all.

7.106 The NPPF requires the transport system to be balanced in favour of sustainable transport modes while recognising that different policies and solutions will be necessary in different areas. 2011 Census data shows that car ownership is highest in the rural areas of the Borough and lower in urban areas. However, the car is still the highest mode of travel used for journeys to work, even in urban areas, and congestion and air quality affect many of the roads within the urban areas. Therefore sustainable transport will continue to be encouraged where possible, particularly where growth is planned.

7.107 Good accessibility and access to a high quality and efficient transport network is essential to support new development and ensure that it is sustainable, enabling the community to access their needs (eg employment, shopping, schools) easily and without always needing a car. The Council will continue to work closely with Essex County Council, as the highway authority, Highways England, Network Rail, public transport infrastructure providers and operators to deliver projects in the Borough.

7.108 Active modes such as walking and cycling are a high priority, being an essential and highly sustainable means of transport which also support a healthy lifestyle. Census data shows that 69% of people who live within Colchester borough work within the borough. The majority of Colchester residents live within 5km of the town centre and therefore walking and cycling have great potential. To encourage walking and cycling within Colchester, and to the town centre, the Council will seek to make improvements to the network to remove barriers to pedestrians and cyclists and enhancing the environment to provide people-friendly streets which give priority to sustainable modes of transport. Priority, safety and convenience for walking and cycling should be ensured at the design stage of any road schemes and all users should be considered.

7.109 Public transport has a crucial role to play in Colchester. Providing a quality public transport network that offers a genuinely attractive alternative to the car is vital. Transit corridors that prioritise public transport over other traffic will attract people to use public transport. Park and Ride facilities that offer easy access to the town via transit corridors will also help reduce congestion. For this reason it is important to safeguard land for new public transport infrastructure, such as bus lanes, interchange facilities and junction improvements.

7.110 The Council will also seek to deliver improvements to transport interchanges and public transport gateways. At present there are over 5million passenger movements at Colchester's railway stations each year. Enhancing transport interchanges such as the railway and bus stations will present a more attractive gateway to businesses, commuters, tourists and local residents. The Colchester Station Travel Plan aims to manage congestion in the area by investing in infrastructure; increasing accessibility; encouraging access by sustainable travel and encouraging a high level of connectivity linking the station to the town centre and other key destinations.

7.111 The private car will continue to be a major mode of transport. However, growth in car travel and traffic needs to be managed to reduce congestion, improve air quality and promote a high quality of life and economic growth in Colchester. Car travel demand can be more carefully managed in urban areas through the use of alternatives and new technologies. Combining demand management of car traffic with improvements to sustainable alternatives and improved street design can greatly benefit the local community, businesses and the environment.

7.112 Road freight and servicing will be facilitated where appropriate to promote economic and employment growth. Support will be given for improvements to the strategic road and rail network to accommodate growth. Consideration will be given to measures that discourage the use of high emission vehicles.

7.113 It is recognised that different policies and measures will be required in different communities and opportunities to maximise sustainable transport solutions will vary from urban to rural areas. Those living in rural areas are often most affected by lack of transport choices. Where appropriate, the council will encourage connectivity by sustainable modes of transport including enhancing and promoting rural bus services.

7.114 There are two rail branch lines off the main Great Eastern mainline in the Borough serving rural communities: the Gainsborough Line that links Marks Tey to Sudbury, serving both Chappel and Wakes Colne and Bures Stations; and the Sunshine Coast line; the Colchester to Clacton/Walton line. The Council will work with partners, including the Community Rail Partnership, to make the best use of rural rail stations, increase accessibility to stations and promote and increase the use of the branch lines in the Borough. We support the aim to provide at least 2 trains an hour to all stations, including the rural branches.

7.115 Alternative Options considered

Retain existing policies as separate policies: the policy has been updated to reflect NPPF priorities and guidance.

(1) Sustainable Access to Development

7.116 Good easy access to a high quality and efficient transport network is essential to support new development and ensure that it is sustainable. The NPPF sets out the Government's approach to the location and design of developments to ensure that plans protect and exploit opportunities for the use of sustainable transport modes for the movement of goods or people. The Council will work closely with Essex County Council as the highways authority to help promote good access to high quality, sustainable modes of travel within and from new developments.

7.117 One of the best ways to encourage sustainable modes is to fully consider them at design stage. Public transport has a crucial role to play in encouraging sustainable travel patterns at an early stage from new developments. Walking and cycling are also a high priority being healthy, affordable sustainable modes of travel and priority, convenience and safety for both modes should be ensured through design layout and the provision of on-site facilities. The needs of all users should be considered as part of a planned approach to inclusive design. The current Colchester Cycling Delivery Strategy was adopted as SPD in January 2012. The latest version of this document should be taken account in the design stage of new development to ensure cyclists and cycling facilities are taken into consideration through the provision of quality infrastructure and funding promotion and cycle training to increase levels of cycling and create more sustainable and healthy travel patterns. The infrastructure appendix to the current SPD illustrates the network of existing and planned routes in Colchester.

7.118 Electric vehicle charging points and facilities for other ultra-low emission vehicles, or the infrastructure to ensure their future provision, should be provided within a development where appropriate to help reduce carbon emissions from transport.

7.119 Any proposals must include sufficient information to assess the likely impact of the development. Transport Assessments or Transport Statements will be required for all development likely to generate significant amounts of movement. The Essex County Council Development Management Policies and Guidance provide further detail on the thresholds for Transport Assessments and Statements. Developers will need to demonstrate that the opportunities for sustainable transport modes have been taken up, safe and suitable access for all can be achieved and the impacts can be effectively mitigated within the transport network. Where significant impacts are identified, development will not be permitted when the residual cumulative impacts are severe.

7.120 Developers will also be required to provide a Travel Plan for developments that generate significant amounts of movement in accordance with Essex County Council Travel Plan guidelines. Current ECC guidance requires all non-residential development proposals with 50 employees or more to produce a Travel Plan. Developments that generate significant amounts of movement will also be required to become members of the Colchester Travel Plan Club which provides a range of resources to promote travel behaviour change for local business and organisations in Colchester.

7.121 Alternative Options Considered Retain existing policy: the policy has been updated to reflect NPPF guidance and priorities, and local circumstances.

(2) Parking

7.122 The Council will work with partners to ensure that car parking is managed to support the economy and sustainable communities. The lack of, or poor planning or parking provision, can have a negative impact on the public realm and the local highway network and can restrict the accessibility and mobility needs of people and businesses. Over provision and poor management can lead to the inefficient use of land and can also discourage greater use of more sustainable modes of transport.

7.123 Essex County Council (ECC) carried out an Interim Review of the Essex Parking Standards in 2016 in light of NPPF guidance and in response to feedback from Local Planning Authorities requiring clarification of certain aspects of the document to facilitate implementation of the guidance. The Interim Review focused on the design of car parking and the standards for residential and non-residential parking remain the same as the 2009 standards which were adopted by Colchester Borough as a Supplementary Planning Document (SPD) in November 2009. ECC aim to undertake a fundamental review once a new evidence base has been established and this will include a reassessment of the need for maximum parking standards for commercial sites.

7.124 The Essex Parking Standards provide the Council with advice and guidance on the provision and role of parking within residential, commercial and leisure areas. However, the Council recognises that there needs to be flexibility to provide appropriate car and cycle parking based on local circumstances. The adopted SPD will continue to inform this policy and will provide guidance on levels of parking considered necessary to serve development. Developers will be expected to provide car parking on new developments in accordance with the most up to date standards, having regard to the nature of the development and location. The maximum parking standard will be used as a point of reference for non-residential development but a more flexible approach will be considered if the applicant can demonstrate through parking surveys and accumulation data that less than the maximum standard is acceptable.

7.125 The Parking SPD will be reviewed to ensure it is applicable locally with regard to the most recent evidence and Census data regarding local car ownership and car usage.

7.126 The current Essex Parking Standards set out the following standards for residential development: a minimum of 1 car parking space should be provided for each 1-bedroom dwelling or 2 car parking spaces for each dwelling of 2 or more bedrooms, in addition to 0.25 spaces per dwelling for visitors. A lower standard may be acceptable or required where it can be clearly demonstrated that there is a high level of access to services, such as a town centre location.

7.127 Where new development requires the submission of a Travel Plan, it will be necessary to ensure that the Travel Plan integrates proposals for parking with proposals to encourage the use of sustainable modes of transport. Parking for staff, visitors and operational uses will be managed as part of the Travel Plan.

7.128 Car free and low car development will be encouraged in the Town Centre where it can be demonstrated that this is appropriate as a result of effective alternative modes of transport.

7.129 Where the Council receives an application for a stand-alone new car park, or for the expansion of an existing car park, this will be considered on its merits based on evidence of need. Developers should provide justification of the need for a new car park based on a parking survey. In the town centre, short stay car parking will be provided where necessary to facilitate the economic and social wellbeing of the town centre. Redevelopment of existing surface car parks will be considered. Greater use of park and ride will be encouraged and additional sites will be sought that support growth, help manage congestion and can deliver more people sustainably to the key destinations in and around the town centre. Disabled, cycle and motorcycle parking will be provided where appropriate.

7.130 Encouraging the use of electric vehicles helps reduce carbon emissions and reduces harmful emissions particularly as Colchester has a number of transportation related air quality issues. With the growth in electric vehicles owners will need to have suitable infrastructure to re-charge vehicles. Infrastructure needs to be installed at a variety of locations to enable effective recharging. Different chargers will be needed such as slow, fast or rapid chargers depending on location and the target market.

7.131 To encourage greater take up of electric vehicles more charging points are required either at home or in car parks (public and private). With the market and technology still developing charging points should be initially installed at new residential dwellings where it is expected demand is at is greatest based on market trends. A phased approach will be adopted and be appropriate to start with larger dwellings of 4 or more bedrooms. The development of technology will be monitored but suggest where overnight charging is possible "slow" chargers should be installed. In other areas (including smaller residential properties) passive provision should be made for future retrofitting of charging equipment by owners in the future as required. In public and private car parks provision should be made with the type of charger specified to match the duration of stay but suggest where there is the potential to charge over 2 to 4 hour period "fast" chargers should be installed. In locations close to the trunk road network "rapid" charging (30 to 40 minute) should be installed, especially if the development serves as a trunk road service area.

7.132 Alternative options considered

Retain existing policy and rely on Essex Parking Standards: It is considered that there needs to be flexibility to provide appropriate car and cycle parking based on local circumstances and the maximum standard is not always considered appropriate. A flexible approach ensures that the standard is applicable locally.

(6) Flood Risk and Water Management

7.133 National policy categorises zones of flood risk as Zone 1 (low probability), Zone 2 (medium probability), Zone 3a (high probability) and Zone 3b (functional floodplain). These flood zones are defined in Table 1 of the Technical Guidance to the National Planning Policy Framework and are illustrated by the flood maps including the updated Flood Map for Surface Water, produced by the Environment Agency (EA) and available from their website.

7.134 National guidance states that the overall aim should be to steer new development to Flood Zone 1 (low risk), however it does set out a flood risk vulnerability classification for different land uses and provides a 'compatibility' table for allowing particular land uses in the different flood zones (including 3a and 3b in certain circumstances). It identifies the importance of assessing flood risk early in the planning process. It requires the production of Strategic Flood Risk Assessments to assess flood risk at a strategic level and individual Flood Risk Assessments in certain circumstances to assess flood risk at the site specific level. Accordingly Colchester Borough Council commissioned a Strategic Flood Risk Assessment to support the development of the Local Plan.

7.135 The national guidance stipulates that site specific Flood Risk Assessments should be submitted with planning applications for development proposals on sites of 1ha or more in Flood Zone 1 or for all development proposals in Flood Zone 2 or 3. It also sets out the requirements for the use for Sustainable Drainage Systems (SuDS) to minimise the risk of flooding from new development. These and the Council's most up to date SFRA will be used to consider planning applications where relevant.

7.136 The risk from flooding to property and people will be minimised by applying the sequential test in accordance with the NPPF and National Technical Guidance. New developments will be directed away from areas at risk from all types of flooding, as identified in the Strategic Flood Risk Assessment (SFRA). Where development occurs in areas with a known flood risk, practical and safe mitigation measures will need to be adopted to alleviate risk to people and property.

7.137 Development in higher risk flood zones will be restricted to certain categories where an identified need for that type of development in that location exists. The Exception Test allows for development in high risk areas but is only to be applied where there is no other option i.e. where there are large areas of land in Flood Zones 2 and 3 and the Sequential Test cannot deliver acceptable alternative sites, but where some continuing development is necessary. Advice on the Exception test is included in the Technical Guidance to the National Planning Policy Framework.

7.138 Small sites (less than 1ha) in Flood Zone 1 that are surrounded by Flood Zone 2 or 3 land, i.e. dry islands, are likely to be treated in the same way as the surrounding land.Each area will have its unique characteristics and a site specific Flood Risk Assessment may be required even for those sites less than 1ha to ensure that safe access / egress exists for the development and that the land will be sustainable for the duration of the flood period.

7.139 The use of SuDS to manage water run-off can be an important tool in minimising flooding by increasing permeable surfaces in an area that allows water to seep gradually into the ground rather than running directly into a drainage network, thereby reducing the risk of overloading the system.. SuDS can also help reduce the impact of diffuse pollution from run-off and flooding. The effective use of permeable surfaces, soakaways and water storage areas or SuDS should be incorporated in all new development where technically possible. Early consideration should be given to the potential to use SuDS to identify when/where the use of such technologies is feasible and to also identify which type of SuDS is most appropriate to local site conditions. Developers will be encouraged to enter into early discussions with the Council and the Lead Local Flood Authority and as part of discussions maintenance and long term adoption responsibilities should be explored and agreed where possible as part of the SuDS approval process, prior to the start of development.

7.140 The Colchester Surface Water Management Plan (Urban Colchester) has identified Critical Drainage Areas (CDAs) and Local Flood Risk Zones (LFRZs). This delineates the areas where the impact of surface water flooding is expected to be greatest, although it is acknowledged that the CDAs (and LFRZs) do not account for all the areas that could be affected by surface water flooding. It is therefore important that the policies seek to reduce the risk from surface water flooding throughout the whole Borough The SWMP also encourages Essex County Council also to implement similar policies, so that both authorities promote and apply Best Management Practises to the implementation of SuDS and the reduction of runoff volumes.

7.141 Ensuring a continual supply of water in the Borough is likely to become increasingly important in light of climate change. It will be important that water resources continue to be protected for present and future generations. They should be used efficiently to make the maximum use of the resource and to reduce the need for major new water storage facilities and related infrastructure.

7.142 Alternative Options Considered Retain existing policy. Retaining the same policy was not an option as the current policies ENV1 and DP20 were not up to date. The new policy includes updates in relation to the use of Sustainable Drainage in new developments.

(1) Renewable Energy, Water, Waste and Recycling

7.143 Climate change is an important issue, which underpins the Local Plan. New developments will need to help address the challenges of climate change, and contribute positively towards the future sustainability of Colchester Borough.

7.144 To tackle climate change and improve sustainability, it is important for the Council to promote energy, water, waste & recycling efficiency and renewable energy in new developments. In its commitment to deliver sustainable developments the Council is seeking to create communities that use natural resources sustainably, and minimise waste.

7.145 Nationally 15% of energy is required to come from renewable energy sources by 2020 increasing to 30% by 2030 ( UK Climate Change Committee, 2011). Whilst this is a national target the Council must contribute to meet and exceed it where possible. Regard must be had to any future national targets.

7.146 The Overarching National Policy Statement for Energy E1( 2011), identifies wind energy as the biggest potential for renewable energy in the UK. Wind technologies are considered to have the potential to deliver 30% of the UK's electricity needs by 2020 (UK Climate Change Committee, 2011).

7.147 The Council will support proposals for on shore and offshore wind farms (and associated infrastructure), solar farms that satisfy the broad objectives set out in the policy above. The Council will also support the development of community led renewable energy schemes as part of Neighbourhood Plans and encourage the delivery of District Heating Schemes within the West Colchester Garden Community and University Garden Village and as part of future development in the Northern Gateway and East Colchester. The Council, enabled by DECC, has commissioned a Heat Network Feasibility Study for the Northern Gateway and East Colchester, which provides a basis for future implementation of district heating in these areas.

7.148 Further policy guidance for the delivery of renewable energy proposals within internationally designated sites, the Dedham Vale AONB and within the Coastal Protection Belt is set out in policies x, xx and xxx.

7.149 To help contribute to renewable targets, new residential development will be required to meet energy efficiency targets in part L of national Buildings Regulations ( or in any higher standards subsequently introduced later in the plan period).

7.150 The Water Cycle Study assesses the impact of planned growth on the Borough's water resources to ensure its sustainable management in recognition of the increasing demand for water the Council will encourage developments that incorporate water saving measures, in line with Part G2 of national Building Regulations 125/l/person/day). To deliver even greater water efficiencies in new builds, the Council will encourage developers to meet the tighter optimal water standards specified in G2 of the national Buildings Regulations 110/l/per person/day ( or above).

7.151 The Council has a current aspirational target of 60% recycling of household waste. At present approximately 48 % of household waste is being recycled. The Council will continue to improve services and information to further help increase recycling rates over the new plan period. New developments will be expected to support this objective by employing best practice technology to optimise the opportunities for recycling and minimising waste and by providing better recycling facilities.

7.152 Alternative options considered- No change to policies ER1 and DP25- using the same policies would retain elements of un necessary repetition and retain targets in relation to energy efficiency and water which are out of date or completely obsolete now.