Colchester City Council Preferred Options Local Plan Regulation 18 Consultation 2025

Policy H1: Housing Mix Comment

New residential developments should assist in the creation of sustainable and inclusive communities by providing an appropriate mix of dwellings in terms of size, type and tenure.

Residential development proposals will be supported where the housing mix is informed by the:

1. Needs identified in the Colchester Local Housing Needs Assessment as set out below:

2. existing housing stock in the local area and character of the local area to avoid over concentration of a single size of homes where this would undermine the achievement of creating mixed and balanced communities.

Where an alternative housing mix is proposed, it must be evidenced why this is considered a more appropriate mix. Viability will only be considered as a reason to vary the housing mix, where a planning application is supported by a viability assessment and independently assessed and agreed by the Council.

Neighbourhood Plans may set out a different approach to housing type and mix specific to the local area, where this is clearly demonstrated and supported by evidence.

Policy H2: Affordable Housing Comment

The Council is committed to improving housing affordability in Colchester.

30% of new dwellings should be provided as affordable housing for developments of:

1. 10 or more dwellings or a site area of 0.5 ha or more in urban areas;
2. 5 dwellings or more in designated rural areas.

Affordable dwellings should be delivered on site. In exceptional circumstances, off site provision or a financial contribution in lieu may be accepted. This will be determined on a case-by-case basis.

Where it is considered that a site forms part of a larger development area, affordable housing will be apportioned with reference to the site area as a whole.

The Colchester Local Housing Needs Assessment identifies a clear and acute need for social and affordable rented housing, this should be prioritised where delivery does not prejudice the overall delivery of affordable homes.

Proposals should be designed tenure blind, demonstrating no distinctly different design characteristics between affordable and market homes. To promote social cohesion, affordable housing provision should not dominate an area, road or building across the development.

In exceptional circumstances where high development costs undermine the viability of housing delivery, developers will be expected to demonstrate an alternative affordable housing provision.

For sites where an alternative level of affordable housing is proposed below the requirement, it will need to be supported by evidence in the form of a viability appraisal. In such cases the Council may seek a review of the viability of a scheme with the aim of achieving policy compliance over time. This may include securing a review mechanism by legal agreement specifying trigger points for undertaking a review such as later phases of a scheme or reserved matters applications with the aim of achieving policy compliance and improving the affordable housing contributions.

95% of affordable housing should meet Building Regulations 2015 Part M4 (2) accessible and adaptable standards (or its successor) and 5% of affordable homes to be Part M4 (3)(2)(b) wheelchair user standards (or its successor).

Rural Exception Sites

Affordable housing development in villages will be supported on rural exception sites where:

1. adjacent or continuous to village settlement boundaries or where it will enhance or maintain the vitality of rural communities,
2. meeting a local need that is evidenced by an approved Local Housing Needs Survey by the relevant Town or Parish Council on behalf of their residents.

A proportion of market housing which facilitates the provision of significant additional affordable housing may be appropriate on rural exception sites. Information to demonstrate that the market housing is essential to cross-subsidise the delivery of the affordable housing and that the development would not be viable without this cross-subsidy will be required.

At the scheme level, the number of open market units on the rural exception site will be strictly limited to only the number of units required to facilitate the provision of significant affordable housing units on a rural exception site. The number of affordable units and total floorspace on a site should always be greater than the number of open market units or floorspace. The actual number will be determined on local circumstances, evidence of local need and the overall viability of the scheme.

Policy H3: Student Accommodation Comment

Planning permission will be granted for purpose-built student accommodation where the proposal:

1. meets an identified need evidenced to the satisfaction of the Council;
2. provides a mix of cluster flats and studios;
3. is located in and around the University with access to public transport;
4. will not result in an excessive concentration of student accommodation in any one locality;
5. provides adequate amenity space.

A management and maintenance plan must be prepared for multi- occupancy buildings and implemented via planning conditions to ensure the future maintenance of the building and external spaces.

Purpose Built Student Accommodation should be designed flexibly to enable conversion to other residential uses, in the event that the need for student accommodation does not materialise.

Policy H4: Houses in Multiple Occupation (HMOs) Comment

Where planning permission is required for HMOs, proposals will be supported where:

1. there is no adverse impact to the local character and amenity including to existing neighbours through excessive noise and disturbance;
2. provide adequate amenity space;
3. provide adequate refuse storage and services;
4. provide an appropriate level of vehicle and cycle parking informed by the Essex Parking Guidance;
5. the proposal will not result in HMOs disproportionately dominating an area which significantly alters the existing character; and
6. the proposal is designed in accordance with the National Described Space Standards.

A management and maintenance plan to be prepared for multi- occupancy buildings and implemented via planning conditions to ensure the future maintenance of the building and external spaces.

Policy H5: Specialist Housing including Housing for an Aging Population Comment

The Council will support proposals for specialist and supported housing which includes the following:

1. residential care homes,
2. nursing homes
3. extra care housing (as defined by C2 Use Class),
4. retirement living or sheltered housing (housing with support)
5. Supported living for people with disabilities or mental health needs);
6. Other housing for people with care needs (as defined as C3(b) Use Class and other vulnerable people.

New development proposals for specialist and supported housing will be supported where:

1. this is meeting an identified need (supported by evidence including the Local Housing Needs Assessment and Essex County Council Housing Lin Study);
2. located within settlements;
3. close to local facilities;
4. are accessible by public transport where appropriate;
5. integrate with the existing community;
6. provide adequate amenity space;
7. it can be demonstrated that the development has been designed to provide the most appropriate type and level of support to its intended residents;
8. there is support from the relevant public services and agencies required to support the housing provision; and
9. a business case demonstrates the long term viability of the business, where specific care needs are provided.

All proposals within the Colchester Urban Area for 500 dwellings or more, are expected to include a mix of housing to meet a range of needs. This should include housing for support (sheltered/retirement housing), housing with care or nursing and residential care homes.

Neighbourhood Plans should continue to identify opportunities for meeting specialist and supported housing needs and for accessible and adaptable general needs housing within the local communities.

The Council will also support development proposals for hospices through expansion of existing sites or development of new sites that are located within settlements.

80% of dwellings (in all tenures) should meet Building Regulations 2015 Part M4 (2) accessible and adaptable standards and 5% of all new market homes and 10% of all affordable homes should meet Building Regulations 2015 Part M4(3).

Proposals to convert from the C3 to C2 use class, will only be supported where it is demonstrated this will not result in unacceptable or adverse harm to local amenity.

Policy H6: Self and Custom Build Comment

The Council will support proposals for self and custom build housing, to meet demand as indicated by registrations on the Council's self build register.

Development proposals of 150 dwellings or more, should provide serviced plots to deliver at least 2% of the total number of dwellings on site as self build or custom build homes, provided the Council's self build register identifies a need at the time an application is submitted. All plots must meet the definition of a serviced plot as per national policy.

Serviced Plots should be made available to households on the Self-Build Register for a period of 12 months. If after that time, plots have not been purchased or reserved by those on the Self Build Register, they may either remain on the open market as self-build or be built out as market housing.

The Council will also consider opportunities for self and custom build dwellings as part of development proposals on Council owned land.

Policy H7: Gypsies, Travellers and Travelling Showpeople Comment

The Council will identify sites to meet the established needs of gypsies, travellers and travelling showpeople.

There is an overall need for 15 pitches up to 2041, this includes 6 pitches for households who meet the planning definition and 9 pitches for undetermined households.

Table H7.1: Gypsy and Travellers Housing Need 2024 to 2041

The Tendring Colchester Borders Garden Community will provide a total of 18 pitches which will count equally (9 pitches respectively) towards Tendring and Colchester's need for Gypsy and Traveller Accommodation.

The remaining need of 6 pitches to 2041 will be met through:

• Expansion of the existing site at Severalls Lane. The existing site has successfully operated since 2012 and is considered a sustainable location for small scale expansion.
• Strategic allocations to be finalised through masterplanning.

In the event that delivery of the pitches as outlined above is delayed, proposals for new gypsy and travellers and travelling Showpeople sites will be considered on a case by case basis.

Proposals for new gypsy and travellers and travelling Showpeople sites will be supported where:

1. meet an identified need;
2. located within close proximity to existing settlements;
3. located outside areas at high risk of flooding;
4. provide access to a range of services such as shops, education, health and community facilities;
5. provide adequate space for vehicles on site;
6. have suitable and safe highways access;
7. ensure the amenity of the Gypsy and Traveller community and the settled community is managed appropriately;
8. have appropriate and sufficient drainage, water supply and other necessary utility services; and
9. provides a connection to a main sewer system unless it is impractical to achieve.

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

Policy H8: Rural Workers Dwellings Comment

Permanent Rural Workers Dwellings

Planning permission will be granted for new rural workers' dwellings as part of existing businesses where all of the following criteria are met:

1. Evidence is provided to show that there is an essential functional need for a permanent dwelling;
2. The need is related to a full-time worker who is primarily employed in a rural based business and a temporary rural workers dwelling has previously been granted or evidence is provided to justify why a temporary rural workers dwelling has not been required;
3. The proposed dwelling is sensitively designed, landscaped and located to fit in with its surroundings and of a scale that reflects its functional role to support the rural business;
4. The business has been established for at least 3 years, has been profitable for at least one of them, is financially viable and is likely to remain so in the future;
5. The functional need cannot be met by another suitable and available dwelling;
6. Evidence is provided to show the reuse, extension or conversion of an existing building on site has been considered; and
7. The proposed development is not located in a high flood risk area.

Temporary Rural Workers Dwellings

Where a new dwelling is essential to support a new business, temporary accommodation in the form of a caravan/mobile home will be supported for a period of up to three years where all the following information is provided:

1. Evidence of a firm intention and ability to develop the business;
2. Demonstration that the business can sustain a full time worker;
3. Evidence that the proposed business has been planned on a sound financial basis. The evidence should include a business plan of at least 3 years duration;
4. Evidence to show that there is an essential functional need for a rural worker dwelling;
5. The functional need could not be fulfilled by another existing dwelling, reuse, extension or conversion on an existing building on site or any other existing accommodation in the local area; and
6. The proposed temporary accommodation is not located in a high flood risk area.

If permission for temporary accommodation is granted, permission for a permanent dwelling is unlikely to be granted within 3 years. If after 3 years, a permanent dwelling is approved, the temporary dwelling must be removed from the site.

Conditions will be attached to all permissions granted for new rural workers dwellings (permanent or temporary) to remove permitted development rights and restrict the occupancy to that required for the rural business concerned or other agricultural/rural uses nearby.

Existing Rural Workers Dwellings

Where a rural workers dwelling is no longer needed to support a rural business, applications to remove the occupancy restrictions will need to submit evidence demonstrating that an essential functional need no longer exists for the property and is unlikely to in the foreseeable future. The applicant will be expected to provide evidence demonstrating that:

1. The property has been continuously marketed for rent and sale for at least 12 months to the satisfaction of the Local Planning Authority and advertised in that period at a price reflecting the occupancy condition
2. confirmation of a lack of interest from marketing efforts; and
3. The property has been offered both for sale and to rent on the same basis to all farmers, horticulturalists and other rural businesses where a dwelling may be justified in the locality (i.e. having holdings within a two mile radius of the dwelling).