Re: Spatial Options consultation – Nevendon, 190 Lower Road, Hullbridge Essex. CFS100

I refer to your spatial options consultation document in which the Local Planning Authority are seeking views that will form the basis of the Local Plan going forward to 2040.

I would be grateful if your office would kindly note that this practice acts on behalf Amherst Homes, the developers of the above site.

The purpose of this letter is to assist the Local Planning Authority with its consultation process and provide additional information which may assist officers of the council when reviewing individual sites which are most appropriate for residential development. There does appear to be a number of errors within the site assessment already conducted by the Local Planning Authority. This letter along with the additional reports that have been undertaken will provide some assistance.

Firstly, my clients fully endorse the Local Planning Authority’s interim policies with regard to sites that are identified as brownfield, part brownfield, and contaminated land should be brought forward for development first. This of course follows government guidelines and recent appeal decisions that have been issued by the Planning Inspectorate.

In the case of the above site, this has a long history of various mixed uses on the site including commercial, retail, light industrial, residential and sui generis uses. Many of the uses operate under a lawful use category having been in operation prior to the 1st of July 1948. Crucially, there is a statutory grant of planning permission here, in acted by virtue of the 1947 Planning Act.

In essence, the fallback position on this site is that the total site area can be used as a scrap yard without the consent of the Local Planning Authority. Please note as per 1985 caselaw, an abandonment use cannot occur with a statutory grant of planning permission.

In addition, there is substantial built form on the site, along with large areas of concrete hardstand; therefore the site complies with the National Planning Policy Guidance, annex one in terms of previously developed land.

Although the site is currently identified within the Rochford District Local Plan as Green Belt, it must be a matter of common ground that the site does not meet the objectives of the Green Belt which are as follows:

Green Belt serves 5 purposes:

(a) to check the unrestricted sprawl of large built-up areas;
(b) to prevent neighbouring towns merging into one another;
(c) to assist in safeguarding the countryside from encroachment;
(d) to preserve the setting and special character of historic towns; and
(e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

In view of the site not meeting any of the above Green Belt criteria, the Local Planning Authority are encouraged to remove this site from the Green Belt.

With regard to other areas that have been highlighted within the initial assessment, my clients have already conducted extensive survey work which have included highways, ecology, flood, and strategic drainage, all of which have concluded there are no issues of concern, and these have been confirmed by statutory consultees.

In terms of sustainability, the site is highly sustainable being on a major bus route and within a five-minute walk of a major food store, A primary school is a 15-minute walk and secondary education is within easy access. In addition, Rayleigh town is also within easy reach either by bus or by walking. The site is also well served by open space and parks are within a 5-minute walk.

Development delivery has been mapped out by my clients with a planning application already before the Local Planning Authority. Therefore, delivery of this much needed housing could be delivered within two years.