Colchester City Council Preferred Options Local Plan Regulation 18 Consultation 2025

This representation is prepared by Ceres Property on behalf of Eastern Counties Education Trust Ltd with respect of the Colchester City Council Preferred Options Local Plan Regulation 18 Consultation.

Our client has land interests at a Site located to the west of Oxley Parker Drive, to the north of Colchester, Essex. The Site area comprises 1.2ha of land and can be identified on the accompanying Site Location Plan.

Background
The Council’s Local Plan is in two sections. Section 1 is the strategic plan for North Essex, adopted on 22nd February 2021 and covers strategic policies for Braintree, Colchester and Tendring including housing requirements.

In February 2026 the existing Adopted Section 1 Local Plan becomes 5 years old, and the housing requirement within it will accordingly be out of date for the purposes of calculation of five year housing land supply as set by NPPF paragraph 232. The Council’s current five year land supply is increasingly marginal.

The housing land supply annual requirement will therefore become approximately 1,300 homes per annum in line with the standard method, as opposed to 920 homes per annum within the existing adopted Local Plan. Over a five year period this will add 1,900 homes to the required supply plus the required buffer.

It is therefore clear that shortly the Council will not be able to demonstrate a five year housing land supply. It is critical that the Council allocates sufficient land for housing to meet the Government's requirement to significantly boost the supply of homes, as enshrined in national planning policy. The standard method for calculating housing land supply produces a minimum annual target that local authorities must treat as a floor, not a cap, ensuring that plans deliver at least this level of growth while addressing local needs and affordability pressures.

The Site
The Site comprises a c.1.2 hectares parcel of vacant land, rectangular in shape from north to south. The Site is bound by the former Colchester Rugby Club to the north and west, estate housing along Oxley Parker Drive to the east and Tower Lane and housing beyond to the south. The Site is relatively featureless and flat is generally well enclosed from trees and hedgerow on the northern and southern boundaries, with views into the Site from housing to the east and glimpsed views from the field to the west.

The Site currently has no vehicular or public access into the Site, with Oxley Parker Drive terminating at the eastern boundary of the Site. The Site currently has no public access for pedestrians or vehicles, with Oxley Parker Drive concluding at the eastern boundary, and Tower Lane on the southern boundary being the nearest public pathways. Tower Lane is a Public Right of Way (Ref: BR 233 314).

In the current adopted Local Plan the site is identified on the policies map as Public Open Space as can be seen on the policies map extract below.

To the west and northern boundaries the site adjoins the Colchester Northern Gateway site. The reserved matters application for this site, relating to the erection of 330 residential units was submitted on 5th December 2025 (application ref. 252596). It is shaded in red on the extract below.

Policy DM17 of the current Local Plan seeks to protect and enhance the existing network of green links and open spaces with a presumption against development that results in the loss of open space unless re-provided or equally compensated for elsewhere in the local area.

The Site falls with the main urban area of Colchester, towards the northern edge of the city just inside (south) of the A12. The Site is within a short walking and cycling distance to a range of services, facilities and amenities, with public rights of way abutting the southern boundary and the nearest bus stop with regular services throughout Colchester and to the City Centre less than 5 minutes’ walk from the Site on Mill Road. The Site is 10 minutes cycle north of Colchester Train Station which runs regular direct trains to London Liverpool Street and the wider eastern region. The Site is also 5 minutes’ drive south of Junction 28 of the A12. The Site is this in a highly sustainable location for residential development.

Furthermore, the Site is wholly located within Flood Zone 1 (land least at risk of tidal and fluvial flooding) and experiences minimal risk of surface water flooding.

Whilst it is noted that in the latest draft of the Local Plan the site is proposed for inclusion within the Northern Gateway Opportunity Area under draft Policy OA4, its current designation of open space and separate ownership means there is a lack of commercial incentive or likelihood of delivery. Our client would be supportive of the Site’s inclusion within this Area, on the basis of its allocation for residential development alongside open space.

Relevant Planning History
Alongside previous promotion, the Site was the subject of a refused outline application (ref. 193145) and dismissed appeal (ref. APP/A1530/W/21/3277732) for the construction of 40 dwellings with all matters reserved.

The Inspector at that time determined that the redevelopment of the Site for residential development would have a harmful impact on the provision of open space within the local area and it would therefore conflict with the development plan as a whole. This was on the basis that the Unilateral Undertaking did not guarantee the re-provision of the loss of the Site elsewhere and conflicted with (then emerging) Policy DM17 of the Local Plan (Retention of Open Space and Recreation Facilities).

The Inspector noted at paragraph 26 of their decision that:
‘The fact that access to the public has not historically been granted does not mean that this will not be forthcoming in the future. Indeed, there is no substantive evidence before me to indicate why the site could not be made accessible in the future. Therefore, this is not a consideration which outweighs my findings.’

The previous appeal decision was issued in July 2022, and it is clear that considerable further time (almost 4 years) has now elapsed with no further progress or certainty on how any open space provision could or will be provided on this site. Further changes have also arisen in terms of national planning policy, including the extent of overall housing needs which are also highly material to the consideration of this site.

In this period further progress has been made on the adjoining Colchester Northern Gateway site. The land to the west and north of the Site benefits from the following planning permission (Ref: 190665) – the reserved matters referred to above falls within this wider outline:

Hybrid planning application - Outline application for healthcare campus (5ha)of up to 300 older people's homes (C3),4,300sqm private acute surgical hospital (C2),(1,200sqm.) medical centre (D1),3,600sqm, 75-bed care home (C2),up to 55742sqm offices (B1a);up to 350 homes (C3), with ancillary retail & food & drink of up to 1000m2 of retail (A1),up to 500m2 of food and drink (A3),digital network of ultra fast broadband;2 points of vehicular access from public highway, pedestrian boulevard & community green(4.5ha).All matters apart from access to be reserved in relation to outline elements of proposals. Detailed consent for a 1st phase of infrastructure to include the creation of a pedestrian boulevard and associated landscaping, and a renewable energy centre & heat distribution network

Detailed applications and build out of this site has been progressing, and therefore the surrounding context of the site also continues to evolve.

The Site will therefore eventually be enclosed by development on all sides, and it is consider the promotion of the site for a combination of residential and open space use would provide a more valuable contribution to the local community than at present, of which there is little to none.

There is presently no public access to the Site, and no requirement for the Site to be brought into open space use, despite its designation as such. Furthermore, there is no viable funding mechanism available to bring the site forward for public open space use.

Consequently, the open space designation cannot be sustained and should not be taken forward as part of the current Local Plan review process.

Site Assessment
Within the adopted Local Plan, the Site falls within the main urban are of Colchester City where the principle of development is supported. As set out above, the Site is however designated as public open space.

The Site is not currently accessible to the public and thus serves little to no utility, function or amenity to existing and future residents of the local area. The Site will be enclosed on all sides by predominantly residential development in the short term, placing the Site in a heavily residential area with its character reflecting this. Given the emerging development coming forward the Site would be put to far greater use providing a source of good local housing for local residents.

The NPPG at Paragraph: 017 Reference ID: 37-017-20140306 confirms, in the context of Local Green Space designations that “Designation does not in itself confer any rights of public access over what exists at present. Any additional access would be a matter for separate negotiation with land owners, whose legal rights must be respected.” The same is also applicable in this situation, there are no public rights of access to the land.

With this in mind, it is proposed that the allocation of the site for residential and open space would ensure the Site presents a suitable and deliverable opportunity for both uses.

The Site provides the opportunity to deliver high quality development that combines residential use with enhanced open space, with it being proposed that approximately half of the site could be dedicated to each use.

Such an approach would bring forward much needed housing in a sustainable location while also opening up and improving the remaining site area for public or enhanced open space use.

The Site has no deliverability constraints. It lies within Flood Risk Zone 1 (lowest flood risk) and is not within a Conservation Area, nor is it adjacent to any designated or non designated heritage assets.

Any proposals for residential development will retain and enhance boundary vegetation and strengthen landscaping along the eastern and western edges where gaps currently exist. Any scheme will carefully consider the relationship to existing housing to the east on Oxley Parker Drive and to future development to the west, ensuring adequate separation distances and adopting a sensitive approach to scale and massing along these boundaries.

Appropriate buffers will be implemented to mitigate potential impacts on nearby residents to the east, addressing noise, overlooking, loss of privacy, and perceived bulk. There is sufficient space on site for open space, drainage attenuation, and Biodiversity Net Gain (BNG) as part of a comprehensive landscaping, open space, and green infrastructure strategy to support residential development.

The Site does not sit within any environmental designations and is located in a highly sustainable area for residential development, where the principle of development is supported.

The Site is thus deliverable. It can accommodate a suitable mix of tenures, including affordable housing, while delivering open space, landscaping, BNG, green infrastructure, and drainage attenuation. Delivery could occur within five years, contributing to Colchester’s housing supply in the early years of the forthcoming plan period.

The Site is available for development, currently held by a willing owner as vacant grassland, with no legal constraints hindering delivery.

Overall, the Site could support around 40 units at a density of 35–40 units per hectare; to accommodate open space, a capacity of approximately 25–30 units is proposed, alongside a significant area of open space. The site should be allocated on this basis.

Summary
The current Public Open Space designation applied to the land west of Oxley Parker Drive is no longer justified or reasonable to retain within the emerging Local Plan.

The Site is in private ownership, has no lawful public access, and there is no mechanism or funding available to bring it into open space use. As a result, while the Site is technically designated as open space, it provides no practical recreational, environmental or community function. The Council’s continued reliance on this designation therefore cannot be sustained through the Local Plan Review and is not considered to meet the tests of soundness.

Given the City’s housing requirement the Council must identify additional, deliverable, and sustainable residential sites to meet needs in the early part of the plan period. This Site can make an immediate contribution, being unconstrained, available, and in a highly sustainable location aligned with the spatial strategy for growth.

Similarly useable open space that will benefit residents will also need to be delivered to accommodate growth.
The Site can deliver residential development alongside new, accessible and enhanced open space, it represents a significantly more effective and beneficial use of the land than the continuation of an undeliverable open space designation and the site sitting vacant.

For these reasons, the emerging Local Plan should therefore remove the Public Open Space designation from the Site and instead allocate the land for residential‑led development, incorporating publicly accessible open space as part of a comprehensive proposal. This will ensure the Local Plan is effective, justified, and deliverable and will assist Colchester in meeting both its housing and green infrastructure ambitions over the plan period.

Please do not hesitate to get in contact should any further information be of assistance.