MM12
Object
Draft Schedule of Main Modifications to Section 2 Colchester Local Plan
Representation ID: 8335
Received: 15/11/2021
Respondent: Essex County Council
Legally compliant? Yes
Sound? No
Duty to co-operate? Yes
Policy SG7 omits a main modification that was agreed between Colchester Borough Council and Essex County Council as outlined in the Statement of Common Ground signed 9 April 2021 and published on the Section 2 Local Plan webpage. The agreed, but omitted modification to Policy SG7, is outlined in the SoCG under ‘CBC Rep number 6203’. This would include additional text to the policy at the end of the 4th paragraph, and will provide a clear reference to CIL.
Include additional text to Policy SG7 at the end of the 4th paragraph, and before the paragraph outlined in MM12, as below.
“The Council may consider introducing a Community Infrastructure Levy (CIL) and may implement such for areas and/or development types where a viable charging schedule would best mitigate the impacts of growth. Section 106 will remain the appropriate mechanism for securing land and works along with financial contributions where a sum for the necessary infrastructure is not secured via CIL.
For the purposes of this policy the widest reasonable definition of infrastructure and infrastructure providers will be applied. Exemplar types of infrastructure are provided in the glossary appended to this plan.”
Essex County Council (ECC) has no objection to MM12, but the Main Modifications consultation omits an agreed modification to Policy SG7 between Colchester Borough Council (CBC) and ECC, as outlined in the signed Statement of Common Ground (SoCG) between the two authorities. The agreed, but omitted modification to Policy SG7, is outlined in the SoCG under ‘CBC Rep number 6203’. This would include additional text to the policy at the end of the 4th paragraph, and before the modification outlined in MM12, as shown below.
“The Council may consider introducing a Community Infrastructure Levy (CIL) and may implement such for areas and/or development types where a viable charging schedule would best mitigate the impacts of growth. Section 106 will remain the appropriate mechanism for securing land and works along with financial contributions where a sum for the necessary infrastructure is not secured via CIL.
For the purposes of this policy the widest reasonable definition of infrastructure and infrastructure providers will be applied. Exemplar types of infrastructure are provided in the glossary appended to this plan.”
ECC submitted this representation as part of the Regulation 19 consultation in 2017. For ease, the justification for the change is outlined below, as submitted in 2017 (paragraph numbers relate to the submitted plan).
“The approach as outlined in Policy SG7 is broadly supported, however reference should be made to the consideration of introducing a Community Infrastructure Levy (CIL), as included in the ECC response at Preferred Options stage. This would also ensure consistency with the Draft Plan where it refers to CIL (p6, paragraph 12.80 to support Policy SG7, paragraph 15.10 and Policy DM2, and Policy DM18), and the CBC Infrastructure Delivery Plan where CIL is included as a possible funding source.”
ECC therefore seeks Policy SG7 to include the additional text as agreed in the SOCG.
For reference, the SoCG is included on the Colchester Borough Council Section 2 Local Plan website under the ‘Statements of common ground’ webpage and 'Essex County Council'.