Colchester City Council Preferred Options Local Plan Regulation 18 Consultation 2025

Policy E1: Protection of Employment Comment

Land and premises currently in employment use, and employment provision as defined on the policies maps and listed in policy ST6, will be safeguarded primarily for class E(g), B2 and B8 Use Classes where appropriate to provide, protect and enhance employment provision in a range of locations across the Colchester area to enable balanced job and housing growth. Planning permission will be granted for the redevelopment or change of use for non-Class B or Class E(g) uses where:

1. it can be demonstrated that there is no reasonable prospect of the site concerned being used for Class B2, B8 or E(g)class purposes. Evidence of marketing of the site / premises for at least 12 months will need to be submitted with the planning application which demonstrates, to the satisfaction of the Council, that genuine attempts to sell / let the site / premises for employment use and no alternative business / occupier has been found; and
2. the supply, availability and variety of B or E(g) use class employment land is sufficient to meet identified needs for Colchester; and
3. it can be demonstrated that the alternative use cannot be reasonably located elsewhere within the area it serves; and
4. the proposal does not generate potential conflict with the existing proposed B or E(g) class uses / activities on the site; and
5. the use will not give rise to unacceptable traffic generation, noise, smells or vehicle parking; and
6. The proposal provides the opportunity to maximise the sites potential for economic growth and support the continued operation of existing employment uses within the economic area.

Opportunities to enhance and renew more dated buildings within employment areas, will be supported when proposals are promoted for improvements to existing operations or for new operations where the use and scale is appropriate and they comply with other relevant policies in the plan.

Policy E2: Economic Development in Rural Areas and the Countryside Comment

The Council will protect existing and proposed Employment Areas in rural Colchester that provide an economic function both on allocated sites shown on the policies maps and at other rural locations that provide a similar function.

Sites and premises currently used or allocated for employment purposes in rural parts of Colchester will be safeguarded for appropriate economic uses to ensure local residents have access to local job opportunities to reduce the need to travel. Proposals for alternative uses will be supported where they comply with other relevant policies in the plan.

Within allocated rural Employment Areas and on rural sites providing an economic function, the following uses are considered appropriate in principle:

1. Offices to carry out any operational or administrative functions- E(g)(i); Research and development of products or processes -E(g)(ii); Industrial processes - E(g)(iii), general industrial (B2), storage and distribution (B8);
2. Repair and storage of vehicles and vehicle parts, including cars, boats and caravans; and
3. Other employment-generating uses, such as those related to rural recreation and tourism, which meet local needs and/or promote rural enterprise.

The following additional considerations will also be taken into account where relevant:

1.  Conversion and re-use of existing rural buildings:

Proposals for acceptable uses will only be supported where the building is capable of re-use without significant rebuilding, and the building is deemed to be desirable for retention. In the case of former agricultural or forestry buildings of recent construction (less than 10 years), it will also need to be demonstrated that the original need for the building was genuine and that it is no longer required for agricultural or forestry purposes.

2.  Extension of existing rural employment buildings:

Proposals for extensions will be supported where they are demonstrated to be beneficial to the operation of an established business. All extensions shall be accommodated satisfactorily in terms of design, scale and appearance within the existing employment site boundary.

3.  Replacement rural employment buildings:

Replacement buildings will only be supported where the existing development is visually intrusive or otherwise inappropriate in its context and a substantial improvement in the landscape and surroundings will be secured through replacement. New buildings should be of sympathetic design and not significantly increase the scale, height and built form of the original building. There is a presumption that heritage assets will be retained rather than replaced.

4.  New rural employment buildings:

Proposals will be supported where they are of an acceptable scale and meet a local employment need and a business need has been adequately demonstrated. The applicant will need to submit evidence, with the planning application, which demonstrates that there are no appropriate existing buildings, or employment land available in the locality of site/area. Proposals must minimise negative environmental impacts and harmonise with the local character and surrounding countryside where they are being proposed.

5.  Expansion of an existing business:

Proposals to expand an existing employment use into the countryside will be supported where there is no space for the required use on the existing site, the need has been adequately demonstrated, and the proposals are essential to the operation of an established business on the site. Consideration must be given to the relocation of the business to available land within an allocated or established Employment Area with available suitable vacant land.

In all cases, any new development will be expected to have adequate landscape mitigation to compensate for any additional impact upon the surrounding countryside.

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

Policy E3: Agricultural Development and Diversification Comment

The Council will support and encourage appropriate farm diversification proposals where they help support the rural economy, are compatible with the rural environment and help to sustain the existing agricultural enterprise without the need for subdivision of the holding or separate enterprises unrelated to the existing agricultural use.

All proposals must be accompanied by a satisfactory diversification plan according to the scale of proposals, which describes how it will assist in retaining the viability of the farm and how it links with any other short or long-term business plans for the farm.

Proposals for farm shops as part of a farm diversification scheme must identify the products produced on site or locally and demonstrate that the location of farm-based retailing is necessary to assure farm income where their needs cannot be met within a nearby settlement or district or local centre.

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

Proposals, apart from those for renewable energy generation, that have a materially negative impact or reduce the availability of Grade 1 or Grade 2 land for food growing use will not be supported unless it can be demonstrated that there is a justified need and a landscape strategy, which would compensate for the loss or harm, is secured or where there are overriding public benefits arising from the development

Proposals for farm diversification schemes will be supported where they meet the following criteria:

1. Existing buildings are re-used wherever possible. Schemes involving the re-use of historic farm buildings shall maintain and enhance the historic environment; including the character of the built heritage; or
2. The development is well-related to existing buildings if no suitable buildings are available for re-use; and
3. The development is secondary to the main agricultural use of the farm; and
4. The applicant can confirm in writing that the proposal will not be likely to require new dwellings within the rural area to support the enterprise either at the time of first submission or at any future date.

Where new buildings are proposed, the development should incorporate the removal of any redundant, under-used, unsightly or otherwise harmful buildings elsewhere within a site as part of the compensatory mitigation for the additional development being proposed.

In all cases, any new development will be expected to have adequate landscape mitigation to compensate for any additional impact upon the surrounding countryside in accordance with policy LC1.

New agricultural buildings requiring planning permission will be responsive to their setting and guided to locations on the farm where any impacts are capable of mitigation.

Policy E4: Retail and Centres Comment City Centre Primary Shopping Area (1) Core City Centre Boundary (2) District Centres (3) Local Centres (4)

Hierarchy of Centres

The Council will continue to promote the role and function of its town, district and local centres to positively contribute towards their viability and vitality. In accordance with the NPPF, the hierarchy of centres in Colchester is defined below:

Town Centre: Colchester City Centre is at the top of the hierarchy, reflecting its role as the principal focus for shopping, services, culture, leisure and other commercial activity in Colchester.

District Centres: provide an important role principally serving the convenience-based needs of their local catchments.

• Highwoods
• Tollgate
• Turner Rise
• Tiptree
• West Mersea
• Wivenhoe

Local Centres: provide an essential role providing a range of small shops and services to meet the basic needs of local communities, serving a small catchment.

• Local centres defined on the Policies Map

Town Centres, District Centres and Primary Shopping Areas

The Colchester Centre boundary is defined on the Policies Map and reflects the core city centre area defined in the Colchester City Centre Masterplan. A 'town centre first' approach will be adopted to ensure that larger scale development is focused on the city centre, helping to maintain its position at the top of the hierarchy. Policy CC1 requires development proposals within the City Centre to make a positive contribution to levels of footfall, activity and vibrancy and support the City Centres role and function as the cultural epicentre of Colchester.

The District Centres identified in the hierarchy, and as defined on the Policies Map, each have their own characteristics and functions serving the day-to-day needs of the local community as well as providing access to shops and services for neighbouring areas, but not to a comparable level with Colchester City Centre.

Primary Shopping Areas are defined and shown on the Policies Map for:

• Colchester City Centre
• Highwoods
• Tollgate
• Turner Rise
• Tiptree,
• West Mersea
• Wivenhoe

To ensure the vitality and viability of the centres identified in the hierarchy, these will be the preferred location for main town centre uses (as defined in the NPPF). Retail and other town centre uses will be directed towards these centres, in line with the 'town centre first' approach to continue to strengthen the role of Colchester City Centre in accordance with the hierarchy. Within the defined Primary Shopping Area boundary, support will be given to proposals for retail and other main town centre uses, and commercial, business and service uses falling within Use Class E. A balance between retail and complimentary town centre uses will be sought where appropriate to secure the vitality and viability of the primary shopping areas. Proposals which make a positive contribution to footfall and levels of activity throughout the day will be supported.

Sequential Test

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

Applicants should demonstrate flexibility on issues such as format and scale. Only when in-centre sites are not suitable, and/or available, should edge and then out of centre sites be considered.

In cases where the Council are satisfied that the sequential test has been met, proposals will be supported where they also comply with each of the requirements set out in criteria a - e below.

1. Proposals for main town centre uses in or on the edge of centres are of a type, proportion and scale appropriate to the role and function of the centre and would not threaten the primacy of Colchester City Centre at the apex of the centre hierarchy, either individually or cumulatively with other committed proposals; and
2. Proposals for main town centre uses in or on the edge of centres are suitable to the town/district centre function and maintains or adds to its vitality and enhances the diversity of the centre without changing the provision of the centre within the overall hierarchy; and
3. Proposals would not give rise to a detrimental effect, individually or cumulatively, on the character or amenity of the area through smell, litter, noise or traffic problems; and
4. The proposal would not have a significant adverse impact on the vitality and viability of Colchester City Centre and/or any other defined centre either individually or cumulatively with other committed proposals; and
5. The proposal would not have a significant adverse impact on committed and/or planned public or private investment in Colchester City Centre and/or any other defined centre either individually or cumulatively with other committed proposals.

Impact Assessment

Proposals for retail and leisure development within edge-of-centre or out-of-centre locations which are not in accordance with this plan will require an impact assessment if the development is over 280sqm (or 350sqm gross). Impact assessments should be proportionate to the scale and nature of the retail and/or leisure development proposed. The scope of the assessment should be agreed with the Council.

Local Centres

Local Centres, identified on the Policies Map, will be protected to provide shops and community services and facilities.

Proposals for change of use within designated local centres will need to demonstrate that it will enhance the retail offer, leisure or service role in providing for the day-to-day needs of the area and local community and improve the centres' vitality and viability.

Proposals to expand a local centre will be considered favourably where it can be demonstrated that the use is small scale, proportionate to the role and function of such centres and will serve the basic needs of local communities. Proposals outside of local centres will be assessed in accordance with the sequential test. Proposals will be required to demonstrate that they will not adversely affect residential amenity, particularly in terms of car parking, noise and hours of operation. Proposals should take every opportunity to promote active and sustainable travel.

New strategic residential sites should incorporate local centres at accessible locations within the site where appropriate to provide for the needs of new communities.

Policy E5: Colchester Zoo Comment Zoological Park (1) Zoological Pak Extension (2)

The Council recognises the importance of Colchester Zoo as a visitor attraction and as a contributor to the local economy. The Council will work in partnership with the Zoo to maximise the social and economic benefits associated with its operation and development while ensuring any development proposals have regard to the environmentally sensitive location.

The area shown on the policies map defined as the core zoo and expansion area will be safeguarded for potential further expansion of Colchester Zoo to provide additional facilities associated with the Zoo's vision for growth. Development for zoo purposes outside of the area defined will not be supported.

A comprehensive masterplanned approach to growth at the Zoo is required to ensure the Zoo's Vision for growth can be delivered with appropriate consideration and mitigation having regard to key considerations including:

1. Impacts on the Scheduled Ancient Monument and archaeological resource within the site;
2. Impacts on the landscape character and setting. Any application will need to demonstrate that the proposal will conserve and restore the wooded river valley landscape by managing and protecting ancient woodland, promoting natural regeneration to extend woodland areas where appropriate, and protecting and extending areas of lowland meadow on the valley floor;
3. Impacts on biodiversity including Local Wildlife Sites;
4. Impacts on the Highway network including the wider strategic and local network. A comprehensive transport assessment will be required and proposals will need to ensure any necessary highway improvements are secured and delivered before expansion takes place. Contributions towards improvements at the Maldon Road/Warren Lane junction will be required;
5. Provision for safe access to the site via Maldon Road, existing public rights of way and accessibility by sustainable transport modes;
6. Provision of a linked off-road cycle route should be provided linking the Zoo with Gosbecks Archaeological Park to facilitate sustainable modes of travel;
7. Provision for an appropriate SuDS for managing surface water runoff within the overall design and layout of the site;
8. The extent of any development ancillary to the zoo, such as additional retail, hotel, and food and drink outlets (defied as town centre uses) will need to be proportionate and related to the function of the zoo and assessed against potential cumulative impacts on the defined Centres where relevant thresholds are met (as defined in Policy E4).

All proposals for new development within the area defined on the policies map for Zoo expansion will need to be considered in the context of the Zoo's wider vision for growth to ensure possible cumulative impacts are appropriately considered and mitigated. Any proposals must comply with and not prejudice the delivery of the agreed masterplan. It will need to be demonstrated that any proposals, when considered both alone and in combination with other planned development for the Zoo (whether such proposals currently benefit from planning consent or not), will not give rise to unacceptable impacts, including, but not necessarily limited to, the key considerations outlined above. Where possible adverse impacts are identified when considering any proposal, either alone or in combination with other planned development for the Zoo, adequate mitigation will need to be provided.

Any proposals will also take into account the Essex Minerals Local Plan and the developer will be required to submit a Minerals Resource Assessment as part of any planning application.

Should the viability of minerals extraction be proven at any time, the Council has no in principle objections to minerals workings in the area defined for zoo expansion, subject to adequate consideration of relevant impacts. Any such proposals would, however, be required to satisfactorily evidence that any minerals workings will not prejudice the future expansion of the Zoo

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