Colchester City Council Preferred Options Local Plan Regulation 18 Consultation 2025

1.1 Colchester is a diverse and growing City, with a vibrant centre, attractive villages and important distinctive landscapes. The Local Plan addresses the challenges of population growth and change, the climate emergency, evolving economic trends and the need for more sustainable and active travel opportunities to meet the needs of current and future generations whilst also protecting and enhancing the environment and people's quality of life.

1.2 The Local Plan sets out a vision, strategy, and policies for planning and delivery across the City including the policy framework, site allocations and development management policies for the City up to 2041.

1.3 The production of the Local Plan represents years of work, starting with extensive technical evidence, iterative themed public engagement, negotiation and co-operation from many partners and stakeholders including statutory consultees, developers, councillors and local residents.

Local Plan: The Process

1.4 The City cannot be planned in isolation. The Local Plan has been developed in the context of a range of other plans and strategies operating at the national, county, and local levels.

National Planning Guidance

1.5 The Local Plan must reflect the National Planning Policy Framework (NPPF). This has several updates since it was first published in 2012. The NPPF published in December 2023 is the version which is relevant to this Plan. Further national guidance on planning policies is provided in Planning Practice Guidance (PPG). The NPPF establishes a presumption in favour of sustainable development, which applies to both plan making and decision taking. It is a statutory requirement for the Council to produce planning policies for the City. The policies must comply with national planning policy unless there is overwhelming evidence to demonstrate why this is not the case. The government sets out in paragraph 8 of the NPPF that the planning system should achieve sustainable development by achieving three overarching objectives:

1. an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; and
2. a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering well-designed, beautiful and safe places, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and
3. an environmental objective – to protect and enhance our natural, built and historic environment; including making effective use of land, improving biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

County Level Plans

1.6 The following County level plans provide a relevant background to the Local Plan.

Essex Minerals Local Plan

1.7 Essex County Council is the Minerals Planning Authority (MPA) for Colchester, and is responsible for preparing planning policies, and also for assessing applications for mineral development. The Essex Minerals Local Plan (MLP) (2014) is a statutory Development Plan and should be read alongside the Colchester Local Plan. The role of the MLP is to identify sites for the extraction of sufficient quantities of mineral within Essex to facilitate development over the plan period (2014-2029). A MLP Review has commenced to replace the current Plan.

1.8 There are active quarry sites in Colchester as well as currently unworked sand and gravel and brick clay deposits which are subject to a Minerals Safeguarding policy within the MLP. The safeguarding policy requires the MPA – Essex County Council – to be consulted on development proposals covering 5 hectares or more within the sand and gravel minerals safeguarding area and greater than one dwelling for the brick clay safeguarded area. The Minerals Safeguarding Areas which apply within Colchester are highlighted on the relevant policies maps. Refer to the Essex Mineral Local Plan for information about potential Minerals Safeguarding Areas in parts of Colchester outside the scope of the Local Plan Policies Maps. Regard should be had to the requirements of the Minerals Local Plan where a development falls within a Minerals Safeguarding Area. Qualifying applications will be required to be accompanied by a Minerals Resource Assessment unless excluded by safeguarding policy.

1.9 The MLP also designates Mineral Consultation Areas at a distance of 250 metres around active quarries, mineral infrastructure and mineral deposits permitted for extraction. The MPA will be required to be consulted on all non-mineral related development within these areas, and all applications will require a Minerals Infrastructure Impact Assessment unless excluded by safeguarding policy.

Essex and Southend-on-Sea Waste Local Plan

1.10 Essex County Council is also the Waste Planning Authority (WPA) for Colchester, and is responsible for preparing planning policies, and also for assessing applications for waste development. The Essex and Southend-on-Sea Waste Local Plan (2017) (WLP) is a statutory Development Plan and should be read alongside the Colchester Local Plan. The role of the WLP is to identify sites for waste management to facilitate sustainable development over its Plan period.

1.11 The WLP sets out how Essex and Southend-on-Sea aim to manage waste and also seeks to deal with waste more sustainably, encouraging recycling and reducing reliance on landfill as well as safeguarding waste facilities. All applications within 250m of existing, permitted and allocated waste facilities are required to be submitted with a Waste Infrastructure Impact Assessment unless excluded by safeguarding policy.

Essex Local Transport Plan

1.12 The Local Transport Act 2008 requires Essex County Council to develop a Local Transport Plan (LTP) that provides the overarching strategy and policy framework for transport across Essex, outlining the council's vision and focusing on key themes and outcomes to manage, operate and improve transportation networks and services. This requirement is addressed by the Essex Transport Strategy that was formally adopted by ECC in 2011.

1.13 Given policy evolution since the adoption of LTP3, due consideration should be given to more recent documents such as Net Zero: Making Essex Carbon Neutral and the Transport East Transport Strategy, to ensure that greater emphasis is placed upon sustainable development, the provision and use of sustainable transport, and the decarbonisation of the transport network.

1.14 ECC has commenced the process that will see the Essex Transport Strategy replaced by a new LTP to be published shortly. The strategic framework for LTP4 was consulted during summer 2024 and includes three outcome focussed themes:

• supporting people, health, wellbeing and independence
• creating sustainable places and communities
• connecting people and businesses

LTP4 will also contain a suite of Implementation Plans that will bring the Colchester Future Transport Strategy within the formal structure of the LTP.

1.15 Transport East is the Sub Regional National Transport Body for the East of England and has an adopted Transport Strategy. The strategy is aligned with the Essex LTP and is seeking to deliver four priorities:

• creating a net zero carbon transport network
• connecting our growing towns and cities
• energising our coastal and rural communities
• unlocking global gateways.

Essex Local Nature Recovery Strategy (LNRS)

1.16 Introduced in the Environment Act 2021, the Local Nature Recovery Strategy (LNRS) is a statutory requirement. It is part of Nature Recovery Network (NRN), which is made up of 48 Local Nature Recovery Strategies. The primary purpose of the Essex LNRS is to find locations for the creation or improvement of habitat. It aims to identify the locations most likely to provide the greatest benefit for nature and the wider environment. Essex County Council are the Responsible Authority for delivering the LNRS for Greater Essex. The Essex LNRS will outline agreed biodiversity priorities for nature recovery in the county. It will also outline a series of proposed actions, known as potential measures, to achieve these priorities. The Essex LNRS will propose where actions could be carried out that will connect and expand existing spaces for nature.

1.17 Other strategies and guidance documents have a bearing on planning policy in Colchester and cover education, housing, and key infrastructure considerations such as early years and childcare, schools, social care and sustainable drainage. Separately, work is also undertaken jointly across Essex on a range of policy matters including on climate change, health and wellbeing and economic development, and as appropriate has been used to inform this plan.

City Strategies

1.18 The Local Plan brings together the spatial elements of a number of key City strategies and provides a focus for future development.

Recycling and Waste Strategy for Colchester 2025-2040

1.19 This Strategy outlines Colchester's plans to improve the way we manage waste over the next 15 years. It sets out the vision and aims of the Council in reducing waste, improving recycling and providing a simple-to-use service for our residents and businesses.

Three Year Plan 2023-2026: A City fit for the Future

1.20 The strategy emphasises sustainability, inclusivity and innovation aiming to position Colchester as a thriving forward looking city where people want to live, work and visit.

Colchester Economic Development Strategy 2022 - 2025

1.21 This strategy aims to position Colchester as a dynamic and sustainable city, balancing economic growth with social inclusivity and environmental responsibility.

Housing Strategy 2022-27

1.22 This strategy was developed by the Housing Strategy Partnership, including Colchester City Council and its partners, sets out a vision where all residents have access to safe and affordable homes that promote health and equality within sustainable communities.

Environmental Sustainability Strategy

1.23 This strategy brings together in one strategic document the issues around climate change; fuel poverty; depleting resources; energy security; as well as the environmental management of our own buildings, services and operations.

Colchester Future Transport Strategy (2022)

1.24 This strategy was prepared in partnership with Essex County Council as the Highway Authority and sets out the overall approach to current transport issues and opportunities. It provides a strategy to improve health and wellbeing and tackle climate issues at the centre of transport planning and the projects and initiatives undertaken. The strategy will assist in supporting future allocation and bidding for funding for transport projects in the city and will be incorporated into the Implementation Plan as part of LTP4.

Duty to Co-operate

1.25 In preparing the Local Plan, the Council co-operates with a range of other bodies to ensure a co-ordinated approach in the development of its policies in line with national guidance, in the context of strategic cross-boundary matters. These bodies include Essex County Council, the neighbouring districts of Braintree, Tendring, Maldon and Babergh and Mid Suffolk, together with infrastructure providers including agencies responsible for transport, health and the environment.

Evidence Base

1.26 Policy development goes hand in hand with the development of an evidence base of research and information. The Evidence Base contains documents from local, county and national levels. National guidance is not listed to avoid repetition, given that the Local Plan has been produced in accordance with the NPPF. The evidence gathered from the documents covering topics including housing, economy, natural and built environment, net zero carbon buildings, transport, infrastructure and site-specific matters where relevant, has been employed in the formulation of the spatial strategy and policies. Evidence is kept under review and updated where necessary. This is a draft plan and as such evidence is not yet complete and will continue to evolve as work progresses on the plan. For example, in support of this Preferred Options plan, a stage 1 Heritage Impact Assessment (HIA) was carried out. A stage 2 HIA will be required to support the submission plan. All of the evidence base can be viewed on the Council's website.

Sustainability Appraisal

1.27 Policy development has been carried out in the light of a Sustainability Appraisal, incorporating Strategic Environmental Assessment. The Sustainability Appraisal tests the sustainability of the Plan options throughout the plan preparation process. It does this by considering how different policy choices perform against a range of sustainability objectives and assessment criteria. For example, it looks at whether policies or allocations would provide new jobs, make efficient use of land and help to improve health and wellbeing. The Sustainability Appraisal also helps to identify measures that could help to minimise any negative impacts identified and maximise the sustainability of the Local Plan. A Sustainability Appraisal report is published alongside the Plan.

Habitat Regulations Assessment

1.28 A Habitats Regulations Assessment (HRA) has been carried out and is published alongside the Plan. HRA refers to the several distinct stages of assessment which must be undertaken in accordance with the Conservation of Habitats and Species Regulations 2017 (as amended). All plans and projects (including planning applications) which are not directly connected with, or necessary for, the conservation management of a habitat site, require consideration of whether the plan or project is likely to have significant effects (screening). Where the potential for likely significant effects cannot be excluded, the Council must make an appropriate assessment of the implications of the plan or project for that site, in view the site's conservation objectives. The competent authority may agree to the plan or project only after having ruled out adverse effects on the integrity of the habitats site. Where an adverse effect on site integrity cannot be ruled out, and where there are no alternative solutions, the plan or project can only proceed if there are imperative reasons of over-riding public interest and if the necessary compensatory measures can be secured.

Development Plan

1.29 The Development Plan Documents for Colchester will comprise:

• The Colchester City Local Plan setting out the overarching spatial vision for development of the City to 2041; strategic policies; detailed site allocations for housing and employment growth; and criteria based non-strategic policies. The Local Plan provides the planning framework for the other Documents listed below.
• Tendring Colchester Borders Garden Community (Development Plan Document). A Joint Local Plan (Development Plan Document) with Tendring District Council which allocates land and includes policies for the design and development of a Garden Community on the Colchester-Tendring border. The DPD provides relevant policy guidance, and sets out policies for the management of development, against which planning applications for the development and use of land will be considered.
• Neighbourhood Plans when adopted/made for different areas of Colchester will form part of the Development Plan and will guide new development in their areas.
• The Essex Minerals Local Plan and Essex and Southend-on-Sea Waste Local Plan, prepared by the County Council, apply to minerals and waste development matters.
• Tiptree Jam Factory DPD 2013.

1.30 The Local Plan is accompanied by a number of other planning documents that provide further guidance and information:

• Policies Maps which show where Local Plan policies apply to specific locations.
• Local Development Scheme (LDS) – this lists and describes all planning policy documents and the timetable for preparing them.
• Statement of Community Involvement (SCI) – sets out how we will consult the public in preparing planning policies.
• Supplementary Planning Documents (SPDs) – set out in more detail how some of the Local Plan's policies will be applied.
• Authority Monitoring Report (AMR) - provides an annual summary of key statistics that monitor the effectiveness of the Local Plan.

Preferred Options Plan

1.31 This is the Council's draft Local Plan 2041 or the 'Preferred Options'. It is published for a 6-week period of public consultation in accordance with Regulation 18 of the Town and Country Planning Regulations. All comments received within the consultation period will be considered and, where appropriate, changes will be made to the draft plan.

1.32 In this draft, a description of the purpose of the policy follows each of the draft policies along with details of the alternatives considered. Full details of the likely environmental, economic and social effects of each policy are included in the Sustainability Appraisal report, which is published in support of the draft Local Plan. The Local Plan is supported by an evidence base, which will continue to be updated as the plan progresses. All evidence base documents are available to view on the Council's website.