Colchester Submission Draft Local Plan Regulation 19 Consultation 2026

Policy H1: Housing Mix Comment

New residential developments should assist in the creation of sustainable, inclusive and adaptable communities by providing an appropriate mix of dwellings in terms of size, type and tenure having regard to up-to-date evidence of housing need, site characteristics and local context.

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

1. The most up-to-date evidence of housing need, including the Colchester Local Housing Needs Assessment reports. The housing mix set out in Table H1.1 provides an indicative guide based on current evidence and will be used as a starting point for determining planning applications.

2. Existing housing stock 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.

All development proposals should provide accessible and adaptable homes in accordance with Building Regulations. In addition, development proposals should provide at least 5% of homes to meet Building Regulations Part M4(3) wheelchair user standards, subject to site-specific considerations, including the type of development and viability.

Where an alternative housing mix is proposed, it must be evidenced why this is considered a more appropriate mix having regard to up-to-date evidence, site-specific circumstances and local housing needs.

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 up-to-date evidence and aligned with the overall strategic approach to housing delivery.

Policy H2: Affordable Housing Comment

The Council is committed to improving housing affordability in Colchester. 30% of new dwellings will 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 where this would not undermine the creation of mixed and balanced communities. 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 affordable housing, particularly social rent. Accordingly, this should be prioritised, while allowing flexibility to deliver a range of affordable housing tenures, including intermediate products, in response to site-specific circumstances, delivery mechanisms and evidenced need. As a starting point, the Council will seek a tenure mix of approximately 80% social rented housing and 20% intermediate affordable housing, unless an alternative mix is justified by up-to-date evidence, site-specific circumstances, delivery mechanisms or viability considerations

Proposals should be designed tenure blind, demonstrating no distinctly different design characteristics between affordable and market homes. To promote mixed and balanced communities, affordable housing should be well integrated throughout developments, with layouts and design that support this approach, unless justified by site-specific circumstances including management, delivery or operational requirements.

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

Strategic sites often have to address a number of infrastructure burdens which are required to support development. Whilst 30% affordable housing is still expected on these sites it is accepted that viability may be a challenge as a result of on-site and off-site infrastructure costs. In such instances the maximum level of affordable housing should be provided, which will be no less than 20%, and will be subject to viability testing. In order to deliver a viable scheme an alternative tenure mix maybe considered acceptable in order to maximise the delivery of affordable units.

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. Where appropriate, the Council may seek a review of viability over the lifetime of a scheme in accordance with national policy and guidance, to support the delivery of affordable housing where viability improves. 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. Such review mechanisms will be applied proportionately having regard to site circumstances. Affordable housing should meet the accessibility requirements set out in Policy H1, including provision for wheelchair user dwellings.

Affordable housing proposals should incorporate appropriate measures to promote safety and security, contributing to the creation of safe and inclusive communities.

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; and
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.

Where it can be demonstrated to the satisfaction of the Council that a proportion of market housing is essential to cross subsidise the delivery of affordable housing on rural exception sites:

1. the proportion of market housing must not exceed 50%; and
2. the market and affordable housing must not be distinguishable in design quality and standards.

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 studio accommodation that reflects the needs of the student population and supports a range of living arrangements.
3. Is located in and around the University with good access to public transport.
4. Will not result in an excessive concentration of student accommodation in any one locality, proposals should demonstrate, having regard to the existing balance of uses, local character and amenity, that the cumulative impact of student accommodation would not lead to an overconcentration that would harm the character of the area, residential amenity, or community cohesion.
5. Provides adequate amenity space for residents.
6. Incorporates appropriate measures to promote safety and security, including consideration of safe public realm design and sustainable travel routes.

A management and maintenance plan must be prepared for multi-occupancy buildings and implemented via planning conditions, which should include measures to ensure on going safety and security and effective management of the building and external areas.

Purpose Built Student Accommodation should be designed to be adaptable and capable of conversion to other residential uses in the event that the need for student accommodation reduces in the future.

Policy H4: Houses in Multiple Occupation (HMOs) and Co-Living Housing Comment

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

1. Do not result in unacceptable adverse impacts on local character or residential amenity, including through noise, disturbance, overlooking or overconcentration of activity;
2. Provide adequate internal and external amenity space, having regard to the number of occupants;
3. Provide adequate refuse and recycling storage and services;
4. Provide an appropriate level of vehicle and cycle parking informed by the Essex Parking Guidance;
5. Incorporate appropriate measures for safety and security;
6. Would not result in an overconcentration of HMOs that would demonstrably harm the character, balance or function of the area; and
7. Are designed to high standard of accommodation including meeting as a minimum the Essex HMO Amenity Standards and informed by the Nationally Described Space Standard (NDSS), achieving equivalent or improved standards where practicable.

The Council will also support alternative forms of communal living providing it does not result in sub-standard accommodation creating unacceptable living conditions for future residents. Proposals should meet the criteria set out above and be clearly designed to enable and promote a communal lifestyle. Proposals should ensure private amenity space is incorporated.

The Essex HMO Amenity Standards represent minimum licensing requirements. The Council will seek higher standards through the planning process to ensure good quality living environments and to avoid substandard accommodation. Given that the Nationally Described Space Standard does not directly address shared housing formats, it will be used as a benchmark to inform appropriate internal space provision.

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.

Policy H5: Supported and Specialist Housing Comment

The Council will support proposals for supported and specialist 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 supported and specialist housing will be supported where they:

1. Meet an identified need (supported by evidence including the Local Housing Needs Assessment and Essex County Council Housing Lin Study);
2. Are located within settlements;
3. Are close to local facilities;
4. Are accessible by public transport where appropriate;
5. Integrate with the existing community;
6. Provide adequate amenity space;
7. Can demonstrate that the development has been designed to provide the most appropriate type and level of support to its intended residents, including consideration of inclusive design, accessibility and sensory requirements where relevant;
8. Have regard to the capacity of local services and infrastructure, including primary healthcare provision, and demonstrate that impacts can be appropriately mitigated where necessary;
9. Have support from the relevant public services and agencies required to support the housing provision having regard to the scale and nature of the proposal; and
10. Include a business case, which demonstrates the long term viability of the business, where specific care needs are provided.

All proposals for 500 dwellings or more, should seek to include a mix of housing to meet a range of needs. This should include supported and specialist housing (sheltered/retirement housing, housing with care or nursing and residential care homes) at a scale appropriate to the development and having regard to the minimum viable size of such schemes.

Neighbourhood Plans should continue to identify opportunities for meeting supported and specialist 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.

Supported and specialist housing should meet the accessibility requirements set out in Policy H1, including provision for wheelchair user dwellings.

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 and other relevant evidence of need, taking a flexible and evidence-led approach to delivery allowing requirements to be adjusted based on demand identified through the Self-Build Register, monitoring of delivery, and site-specific considerations including viability.

On developments of 100 dwellings or more, proposals will be expected to provide a minimum 5% of dwellings as serviced plots for self build or custom build homes, unless it can be robustly demonstrated that this would be unviable or otherwise inappropriate. Where justified by evidence of local demand, the Council may seek a higher proportion of serviced plots or alternative forms of delivery. All plots must meet the definition of a serviced plot as per national policy

Proposals for self and custom build housing should demonstrate high quality design including consideration of inclusivity, adaptability, accessibility and safety in accordance with relevant design policies, contribute positively to the character, design quality and placemaking objectives of the wider development and provide flexibility for occupiers to influence the design and layout of their homes. This should be supported by design codes, plot passports, or parameter plans where appropriate.

To ensure effective delivery, proposals must demonstrate how serviced plots will be marketed which should include being made available to households on the Self-Build Register for a period of 6 months. If after that time, plots have not been purchased or reserved by those on the Council’s Self Build Register, they may remain on the open market as self-build plots for a further 6 months before being built out as market housing.

Policy H7: Gypsies, Travellers and Travelling Showpeople Comment

The Council will identify sufficient, deliverable and developable 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. There is no current need identified for accommodation for travelling showpeople.

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 subject to delivery within the plan period and supported by robust phasing and infrastructure provision.

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, where provision for pitches will be clearly identified within agreed masterplans or parameter plans and delivered alongside supporting infrastructure as appropriate.

In the event that delivery of the pitches as outlined above is delayed, proposals for new gypsy and travellers sites will be considered on a case-by-case basis to endure a supply of deliverable sites in accordance with national policy.

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

1. Meet an identified need;
2. Are located within close proximity to existing settlements and provide good access to key services, including healthcare facilities, education and shops, particularly where this would assist communities experiencing health deprivation;
3. Are located outside areas identified by the Strategic Flood Risk Assessment or the Flood Map for Planning, as being at high risk of flooding both now and in future;
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 and that proposals are designed to achieve safe and integrated relationships with neighbouring uses;
8. Have appropriate and sufficient drainage, water supply and other necessary utility services; and
9. Provide a connection to a main sewer system where feasible, or otherwise demonstrate that alternative foul drainage solutions are safe, suitable and in accordance with environmental policy requirements.

Planning permission will be refused for the change of use of all Gypsy and Traveller sites 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 the following criteria are satisfied:

1. Evidence is provided to show that there is an essential functional need for a permanent dwelling, including a requirement for a worker to be present at or near the site at most times;
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 in the local area, having regard to the nature of the business, the need for on-site or nearby presence, and the availability of suitable accommodation;
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 an area of high flood risk.

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, which provides sufficient detail on the proposed enterprise, including financial forecasts, labour requirements, and how the business will be established and sustained;
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 an area of high flood risk unless it can be demonstrated that the accommodation would be safe for its lifetime and would not increase flood risk elsewhere.

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 supported by evidence such as changes in the nature of the business, long-term business trends, or lack of demand for such accommodation in the locality. 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 in the local area where a functional need for such accommodation could reasonably arise.