Section 5 - Implementation & Monitoring

Referring to your letter of 21st May and subsequent telephone exchange enquiring where I could view the above strategy, since as a pensioner I don't have the financial ability to own a computer. I thought that planning would have foreseen the need to incorporate this information in your letter of the 21 May.

I moved to Rayleigh in 1956, having been attracted to the Ancient Buildings in the High Street, alas "Planners" all but destroyed the old world charm that had existed by pulling down much of the old buildings and replacing them with modern monstrosities.

In 2003 Planners completely spoilt my wife and self's enjoyment of our retirement by granting planning permission for an extension to the rear of no 68 Hasbro Avenue, although I protested pointing out the loss of light that would be caused to my only living room my protest was ignored by planners, also a local Rayleigh Bylaw which restricted extensions from going beyond the existing building line was ignored. (my wife died some 14 months later, her dementia having been aggravated by both the noise and need to have the light permanently on).

Having read and tried to absorb the Core Strategy I must say it was long in wordage but short on fact such as when, where and how. I list below comments

2.6 A mix of housing and local facilities, (perhaps sewers, water, electricity and gas, or maybe the long awaited Rayleigh Swimming Bath) a swimming Bath for Rayleigh was promised in the early 60's but never reached the planning stage.

2.7 Cherry Orchard Jubilee Park now has a car park, great but no Bus service or is it only for the use of Rochford residents.

2.8 New terminal and rail station for Southend Airport great news but not of much interest to commuters who already have difficulty getting seats, an increase in travellers will be detrimental to Rayleigh people, as it is likely that seats will be filled prior to arrival at Rayleigh Station.

2.10 A new Health facility for Rayleigh, this is much needed, but will it be like the one that the developers were supposed to provide on the ASDA site off Rawreth Lane.

2.11 Traffic congestion in Rawreth Lane is already a nightmare at peak times by the time ASDA becomes operational there will be Gridlock, especially if the section from Rawreth Industrial Estate to the Traffic Lights is not widened.

2.13 There is no mention of affordable housing, this means that the youngsters whose education we have paid for will leave the area in search of affordable housing.

2.14 Why not include Rayleigh.

2.16 No disabled parking available.
2.20 Green for how long.

2.21-22 Not relevant to older people.

2.23 First mention of Senior Citizens, we are probably the major part of the electorate.

2.24 Surely council housing is the answer.

2.25 There does not appear to be much in this for Rayleigh, and north Rayleigh where all the latest development has taken place is ignored.

Section 3 this is for the most part theory.

Section 4 Why is the Upper Roach Valley a Core issue.

4.5.6 Bad neighbours surely this is for the police and social services to oversee.

4.6 Development, where is not mentioned is this to hide the fact that more Greenbelt land is to be taken. Rayleigh is to have a further 1800 units where in Rayleigh is not stated but will almost certainly be north Rayleigh where we currently have power cuts due to overloads caused by the 400 or so extra units built off Rawreth Lane. Sewage is on the limit of the sewage works to handle. Roads as mentioned previously are reaching saturation point in this area particularly during school runs and market day.

4.6 Sustainable development is at odds with the infrastructures ability to cope.

4.12 Energy conservation - for my part I do the best that finances permit being disabled I use a diesel car with very low emission rate and high mpg, I turn the gas on once a day to heat my water, and the central heating is only turned on in winter when extra clothes fail to keep me warm.

5.1 Thames Gateway is to be mainly built on the Thames flood plain and this will be disastrous when the promised sea levels rise. What is Rochford planning to do about flood protection, at least Rayleigh is mostly above the projected sea level rise, whereas Rochford is not neither are Paglesham, Wakering, Fambridge south or Hullbridge and Battlesbridge.

Section 1 Spatial Portrait

Page 2 Clause 1.7 Does not mention the supermarket now under construction at the Park School site.

Section 2 Spatial Vision

Clause 2.5 This appears to be at variance with proposals later in the document for large amounts of new residential development, which will of necessity mean releasing large areas of green space.

Clause 2.10 There is no evidence to support this assertion. Judging on past performance and lack of drive from the local P.C.T this can only be described as a "wish list" and cannot be substantiated by firm proposals

Section 3 Relationship of Documents

Clause 3.9 The key diagram forming part of this document is very difficult to follow due to the lack of easily identifiable features and has been the subject of adverse comment by members of the public who have seen it. It would benefit from the addition of main roads, the railway line etc.

It appears that the objective of avoiding duplication (3.10) has resulted in the proliferation of a multitude of documents at considerable cost in time and effort to the Council, which could be rendered obsolete overnight at the whim of Central Government.

Section 4 Core Strategy Issues

Clause 4.2.2 Policies SS1 and SS7 of the East of England Plan confirm the need to maintain the Green Belt boundary. However, the proposals later in the document to site a further 1800 dwellings in Rayleigh will require a relaxation and the use of areas of Green Belt.

Development in the Rawreth Lane area is already up to the Green belt boundary and there appears to be no other substantial areas identified in the town capable of absorbing this number of new dwellings.

Clause 4.2.6 and 4.2.7 The strategic buffer between Rayleigh and Rawreth would obviously be in Rawreth Parish and any further development in the area would, in fact, have to take place in the parish of Rawreth unless the boundaries are redrawn.

Clause 4.3.8 It needs to be emphasised that the country park is at the eastern boundary of the district.

Clause 4.4.5.iii States that the area is remote and undeveloped. This is not true of the area around Battlesbridge at the western boundary of the district

Clause 4.4.9 This does not appear to be included on the key diagram

Clause 4.4.14 Would it be appropriate to indicate which of these sites are open for public access?

Clause 4.5.4 Windfall sites should be taken into account since they contribute to a reduction in pressure on the Green Belt

Clause 4.5.5 Central Government has stated that Thames Gateway development will be housing led and it follows from this that it is not possible to rely on infrastructure improvements

Clause 4.5.6 This is a very laudable aim. However, a similar statement was removed from the Replacement Local Plan prior to adoption. It is considered essential to retain this.

Clause 4.5.9. It is true that the Council has no control over the total number of dwellings. However, the East of England Plan does not specify their distribution. This is something that the Council has complete control over and this should be made clear.

Clause 4.5.11 The second bullet point is not specific enough, densities should be set out in this document.

Clause 4.5.12. Windfall development should not be ignored.

Clause 4.6.3. Though these areas have a good range of services they are under extreme pressure and are not able to accommodate further increases in population without considerable upgrading.

Clause 4.6.4. These areas should be brought up to a standard which would make them suitable to take a fairer share of increased development.

Clause 4.6.9. It is incorrect to state that all settlements have had more than their fair share of housing .There is one area that has had more than any other:- WESTERN RAYLEIGH

Clause 4.6.10 It is considered that the allocation must take into account the fact that Rayleigh has taken the lions' share of development in the district to date.

It is unacceptable that the majority of the proposed future development should fall in Rayleigh. The split must be reviewed.

Clause 4.6.18. This is at variance with the fact that the A127 is not anymore considered by the Government to be the main road distributor for S.E.Essex. This is proven by the fact that the A13 is now the main trunk road connecting to London and the A127 has been demoted to a mere County route.

Clause 4.6.20 This is no worse than the daily congestion in Rawreth Lane which is due to get worse on completion of the ASDA superstore.

Clause 4.6.21 Mentions protection of Rochford's Conservation Area. There is no similar statement about Rayleigh's Conservation Area

Clause 4.6.23 Believe the figures are flawed and unbalanced

Clause 4.6.23 This statement needs to be far more robust with greater emphasis on transport infrastructure etc. improvements preceding housing development

Clause 4.7.10 Much affordable housing appears to be being purchased on a "buy to let" basis for profit. The policy needs to contain means for discouraging this practice.

Clause 4.8 Employment. For the forseeable future the main employment pattern is likely to be commuting to London. Until higher salary employment is the norm. in the district it will be difficult if not impossible to meet these targets.

Clause 4.9.9 Generally agree though 25% appears to be a rather low figure.

Clause 4.10.3. Corporate identities etc. have often in the past been used as excuses to ignore Conservation Area requirements, particularly with shop fronts and signage. This statement needs to be made more robust.

Clause 4.10.8. Should be reworded to contain specific reference to Conservation Areas

Clause 4.14.3. This is impractical:-Where hotels don't already exist in town centre locations there is not much possibility of hotel development due to lack of suitable sites

Section 5 Implementation & Monitoring

Clause 5.4 Rochford and Castle Point PCT no longer exists as a separate entity.
Also the steering group should include secular groups as well as faith groups eg: Essex Humanists (who are affiliated to The British Humanist Association)

Rochford Core Strategy Preferred Options

Thank you for consulting the Home Builders Federation (HBF) on the above, particularly given that you seemingly failed to do so at the Issues and Options stage.


Background:

The Council must carefully consider the extent to which the objectives and content of the draft document are consistent with the latest national Government and other important policy guidance.

PPS1

There have been many recent substantive changes in government policy including the proposed supplement to PPS1 'Planning and Climate Change'.

PPS3

PPS3 (November 2006) requires local authorities to balance the need to provide affordable housing in association with new development against the need to ensure that housing requirements are met. It advocates making provision for housing over at least a 15-year time period.

It also emphasises the importance of the role of Strategic Housing Market Assessments in the evidence base for DPD policies. The Council will need to ensure that policies are underpinned by a sound and up to date evidence including such an Assessment. It will also need to have sound housing trajectories to show when the overall housing numbers are likely to be delivered.

The Council will need to:

* have a flexible responsive supply of land managed in a way that makes efficient and effective use of land, including the re-use of previously developed land, where appropriate;

* be market responsive;

* work collaboratively with stakeholders (such as the HBF);

* take account of the need to deliver low-cost market housing as part of the housing mix;

* set separate targets for social-rented and intermediate housing;

* take into account any physical, environmental, land ownership, land-use, investment constraints or risks associated with broad locations or specific sites, such as physical access restrictions, contamination, stability, flood risk, the need to protect natural resources e.g. water and biodiversity and complex land ownership issues;

* undertake a Sustainability Appraisal to develop and test various options, considering, for each, the social, economic and environmental implications, including costs, benefits and risks;

* include housing and local previously-developed land targets and trajectories, and strategies for bringing previously-developed land into housing use;

* identify broad locations and specific sites that will enable continuous delivery of housing for at least 15 years from the date of adoption, taking account of the minimum level of housing provision stipulated in the RSS;

* identify deliverable sites to deliver at least 5 years supply that are - available, suitable and achievable;

* identify a further supply of specific, developable sites for years 6-10 and, where possible, for years 11-15;

* exclude sites granted planning permission unless it can be demonstrated that they are developable and likely to contribute to housing supply within the appropriate timescale;

* exclude allowances for windfalls in the first 10 years of land supply; and

* set out a housing implementation strategy.

The new Policy Statement heralds several new changes, these are:

* The requirement for a robust evidence base;

* A partnership between local authorities, developers, and other stakeholders to establish a more transparent assessment;

* An emphasis upon sustainable locations; rather than just the prioritisation of previously developed sites, or sequential test; and

* The identification of constraints (physical and housing market) on sites, and considering how these might be overcome during the plan period.

It will be necessary for both brownfield and greenfield sites to be released in good time if the overall housing requirement is to be met.

The Council will need to demonstrate in its Core Strategy that its assumptions with regard to the future housing supply in its new housing trajectories are accurate and realistic, and that identified sites are readily available for development.

The Council will need to ensure that it provides a suitable range of housing localities to meet the needs of their current and future residents. It should make decisions based upon a sound evidence base. A SHMA (Strategic Housing Market Assessment) will be a very important source of information.

Annex C of PPS3 states, "a Strategic Housing Land Availability Assessment should:

- Assess the likely level of housing that could be provided if unimplemented planning permissions were brought into development.

- Assess land availability by identifying buildings or areas of land (including previously developed land and greenfield) that have development potential for housing, including within mixed-use developments.

- Assess the potential level of housing that can be provided on identified land.

- Where appropriate, evaluate past trends in windfall land coming forward for development and estimate the likely future implementation rate.

- Identify constraints that might make a particular site unavailable and/or unviable for development.

- Identify sustainability issues and physical constraints that might make a site unsuitable for development.
- Identify what action could be taken to overcome constraints on particular sites".
PPS12

Regard will need to be had to PPS12 in terms of ensuring that planning documents produced fully comply with national planning policy statements in their content and preparation.

PPS12 test of soundness vii requires DPD policies to represent the most appropriate in all the circumstances, having considered the relevant alternatives, and that they are founded on a robust and credible evidence base. The Council will have to balance the need for any planning gains against the financial implications of any policy requirement on development viability.

PPS25

PPS25 sets out policies for planning authorities to ensure flood risk is properly taken into account at all stages in the planning process; prevent inappropriate development in areas at high risk of flooding and direct development away from areas at highest risk. It is accompanied by Circular 04/2006.

The East of England Plan

The Proposed Changes to the Draft RSS make it clear that local authority housing requirements must be treated as an absolute floor, rather than ceiling figures. Therefore, the Council's dwelling requirement must be fully recognised as being an absolute minimum housing provision figure.

PINS

The Planning Inspectorate published 'Local Development Frameworks: Lessons Learnt Examining Development Plan Documents (June 2007)'. It makes a number of very important points that Local Authorities need to have very careful regard to, it states:

1.11 "...Evidence should be complete on submission. LPAs should be clear that evidence should inform the Plan and not be put together after submission to justify what is already in the submitted document.

1.12 PINS expectation is that the LPA will provide a full and comprehensive evidence base with the submitted DPD. Given that the options should also be informed by evidence, we would expect the evidence base to be substantially completed at preferred options stage. The "Evidence" boxes on pages 15-21 of the Planning Inspectorate's guide "Development Plan Examinations - A Guide to the Process of Assessing the Soundness of Development Plan Documents"6 (PINS DPD guide) suggests the range of evidence which may be required, depending on the type of DPD and nature of the area. It will be difficult for an LPA to argue the plan is based on evidence which was not available when the plan was submitted - the implication will be that the evidence has not informed the content, but rather has been produced to retrospectively justify the content.

1.13 All material to be relied upon by the LPA needs to be in the submission evidence base. .....As the LPA is expected to submit a "sound" document it is not appropriate for the plan making authority to provide additional unasked for material in this way.......

1.14 .....LPAs should recognise that the submitted plan should be the last word of the authority (Section 20(2)(b) of the Planning and Compulsory Purchase Act 2004 Act and paragraph 4.15 of Planning Policy Statement 12). Post-submission changes should be the exception8 (box under paragraph 4.18 PPS12).

1.19 LPAs which rely on making considerable post-submission changes, even if relatively minor, should bear in mind that a document may be found to be unsound if it requires so many changes that the final document no longer closely resembles the submitted version......

3.10 From the material that we have seen it is clear that there remains some lack of appreciation of the need for a radically different approach to plan making. LDFs are not meant to be LP/UDPs in new clothes. Some LPAs seem to be finding it difficult to move from an approach which seeks to produce a document that will allow development control decisions to be taken (the negative regulatory approach) rather than starting with the concept of providing a picture of how the area will develop spatially over the plan period and providing a policy framework that will deliver it (the positive delivery approach). The aim of the Core Strategy should be to articulate what the area should be like in the future and how this is to be achieved.

3.11 Core Strategies should be focussed on spatial policies that are very specifically aimed at addressing the issues identified as relevant to that area. They should also, where appropriate, refer to specific 'strategic' sites (i.e. those which are key to the delivery of the overall strategy). DPDs are intended to be about delivery and hence need to be rooted in what can be achieved and how this is to occur. Many of the early Core Strategies are somewhat general and contain "policies" that are in reality aspirations. For example many Core Strategies contain general "good design policies" but are silent on how the LPA is going to implement and monitor this "policy".

3.12 There is a widespread failure to appreciate that Core Strategy policies need to add a local dimension to national or regional guidance/policy. If there is no specific local dimension there is no need for the national/regional policy to be repeated. ....

3.14 ..The Inspector will not be able to recommend changes in a binding report unless he/she can be sure the plan as changed would not be vulnerable to challenge on the grounds that the proper procedures had not been followed [in particular the SA process and proper community involvement].
4.4 ...Core strategies are where tough decisions need to be made: strategic decisions cannot be left to subsequent DPDs.

5.2 Taking housing as an example, the Core Strategy must not leave the question of the general allocation of the level of housing to settlements open on the grounds that this can only be done once housing sites have been identified in a housing or Site Allocation DPD. The strategy should be driving the allocation of sites not the other way around. In this way, where it is clear that there are certain sites, key to the delivery of the overall strategy, whose location is not open to extensive debate (either because of existence of barriers to growth elsewhere or because of overwhelming positive qualities of the site), then it is entirely appropriate for such sites to be mentioned in the Core Strategy.

5.4 ...The Planning Advisory Service published "Core Strategy Guidance"14 in December 2006 which aims to assist LPAs by providing an idea of what parts of a Core Strategy might look and feel like.....

5.7 Core Strategies should not contain bland general policies that are little more than public relations statements. For example "Housing development must contribute to the creation of sustainable and mixed communities. Proposals must provide housing types and tenures that address local housing needs".....

5.8 ....Inspectors need to establish whether the plan will achieve what is intended by being able to measure the policies/proposals. Derivation of targets should be properly explained. There should also be a clear evidence base for specific numbers and percentages.

5.9 DPDs should be firmly focused on delivery. Thus the implementation and monitoring section of a DPD is of equal importance as the policies in the DPD. A number of Core Strategies seen to date have been particularly weak on implementation and monitoring. It is not adequate to deal with monitoring in a Core Strategy by simply saying that it will be dealt with in the Annual Monitoring Report (AMR). The Core Strategy needs to set the framework for the AMR by identifying key targets and indicators against which the LPA can measure the effectiveness of the strategy/policies and proposals.

5.12 For Core Strategies, Site Allocation DPDs and perhaps some Area Action Plans, this potential for change does make it more difficult to offer consultees certainty about the precise implications of developing plans. In these circumstances, it may be appropriate to set out how the DPD, once adopted, would be used to manage the changing circumstances. So a Core Strategy might describe the general approach to meeting need for additional housing provision based on current RSS requirements. It could also explain how the approach could be adjusted in practical terms if housing provision needed to change or be phased differently once the RSS review has concluded. In other words, that it is not constrained by one set of figures for housing development in the area or by political rather than planning considerations.
5.13 Flexibility is also about considering "what if" scenarios, e.g. if the strategy is heavily reliant on a specific type of infrastructure or a major site. The plan should address the issues that could arise if the chosen option cannot be delivered when required.


General:

Whilst there may well be local support for the re-use of brownfield sites, it is essential that where any such sites are identified and allocated, they are readily and realistically available for housing development. The over-riding objective must be to comply with the overall housing requirement. Consequently, in order to so do the Council will realistically need to ensure a range of both brownfield and Greenfield sites are available.

Furthermore, the Council must seek to ensure that a range of different types of housing are provided in different forms and in different localities in order to meet the various needs of its population. To this end a Strategic Housing Market Assessment is likely to be an essential tool and evidence base.

It is crucial that any planning gain requirements are fully considered in relation to site viability. Whilst the public inevitably wants developers to fund all sorts of facilities and services in their areas, it must be remembered that developers can only be asked to fund these where need directly relates to new development. Furthermore, if planning gain requirements are unrealistic then landowners won't sell their sites, and developers won't find them profitable enough to develop. As a direct consequence, the Council would then be likely to struggle to meet its housing supply requirements.

With regard to affordable housing provision, proper and full regard must be had to the overall viability of schemes in setting any requirements. It should be remembered that in order to make housing more affordable, there needs to be more housing built in total. There should also be a flexible approach to the delivery of any affordable housing requirement, taking on board whether or not public grant funding is available. If not, then an alternative approach/requirement has to be properly considered.

It must be remembered that affordable housing requirements must not be so onerous that they threaten the delivery of the Council's overall housing requirement.

The Council should also ensure that a proper Strategic Housing Market Assessment is undertaken with the full involvement of the property industry so as to underpin the evidence base for any policies and requirements.

In order that the LDF is sound and consistent in approach as well as monitorable and deliverable, there will need to be a link between the housing policies in the Core Strategy and the individual housing allocations. In other words, the allocations must contain some indication of the numbers of dwellings the Council anticipates are capable and likely to be delivered from each site. Either that or there should be a table in the core strategy which summarises all the housing allocations giving their site name and reference and an indicative dwelling total. Or both.

Only with this information can the robustness of the Core Strategy's approach to housing delivery be properly tested.

Sustainability standards are already being set by Building Regulations, and are being supported in the new Code for Sustainable Homes, the Council's planning policies should not seek to directly replicate or replace these (as PPS1 makes clear).


Options & Vision:

Many of the various options identified seem to often list the Council's future actions and aspirations, rather than identify in specific spatial strategy details.


Specific matters:

4.2.7

The Council needs to ensure that a Strategic Housing Land Availability Assessment and a Strategic Housing Market Assessment are undertaken.

PPS3 now requires the production of Strategic Housing Land Availability Assessments, again with key input from key stakeholders such as the development industry. These are far more vigorous in their approach, and make it clear that existing commitments will only be able to counted, where there is evidence that they will actually be deliverable.

Consequently, the overall housing requirement figure to be found may be higher than the one that the Council envisage. Therefore, the HBF does not consider that the Council can necessarily delay the green belt review to after 2021. It believes that the overall housing requirement will necessitate sites in the green belt being allocated as housing allocations. It should also be recognised that green belts can by their very nature promote much greater carbon emissions as people are forced to travel further between their homes and work.

Additionally, the precise role and purpose of 'green wedges' acting as strategic buffers is unclear. The HBF objects to them as they could limit growth options.

4.5.2

The text fails to make any reference to the fact that provision will need to be made for a supply of at least 15 year's housing supply from the Plan's adoption date. Therefore, such provision will need to be identified beyond the year 2021. Consequently, a higher housing number will need to be identified.

4.5.3

The Council states an Urban Capacity Study is currently being undertaken. The HBF is surprised that as an important stakeholder it has not been consulted in respect of the content of this document.

However, the Council now needs to ensure that a Strategic Housing Land Availability Assessment and a Strategic Housing Market Assessment are also undertaken.

PPS3 now requires the production of Strategic Housing Land Availability Assessments, again with key input from key stakeholders such as the development industry. These are far more vigorous in their approach, and make it clear that existing commitments will only be able to counted, where there is evidence that they will actually be deliverable.

4.5.4

The Council states that it will take into account the number of housing units granted planning permission. However, it will only be able to include those that meet the tests set out in PPS3 (i.e. deliverable and available).

4.5.7

The text fails to make any reference to the fact that provision will need to be made for a supply of at least 15 year's housing supply from the Plan's adoption date. Therefore, such provision will need to be identified beyond the year 2021. Consequently, a higher housing number will need to be identified.

Phasing should only be used where necessary in order to allow for infrastructure provision e.t.c., the main focus must be upon ensuring that the overall housing requirement is delivered.

4.5.11

It is unclear what the Council means in terms of the 'cascaded' figure for homes from the East of England Plan.

Phasing should only be used where necessary in order to allow for infrastructure provision e.t.c., the main focus must be upon ensuring that the overall housing requirement is delivered.

Reference is made to the expected phasing of development being slightly increased from 2009-2021. However, the Council must remember that the housing requirement is a minimum figure, and that it is behind in delivery. Consequently, supply will need to be significantly increased from recent numbers if the overall delivery requirement is to be met.
4.6.10

The strategy is neither underpinned by a Strategic Housing Land Availability Assessment, or a Strategic Housing Market Assessment. It is also unclear as to the implications of making no housing allocations in a number of settlements.

The Council will need to ensure that suitable housing provision is made to meet a range of different housing needs (including for family housing), this will require a variety of different types of sites in different localities. Given that the housing requirement is based upon a minimum figure, the Council should place its efforts on ensuring that this is achieved. It should not seek to overly control and manage housing delivery where there are not direct infrastructure issues or problems that first need resolving.

4.7.4

The Council has set an arbitrary 30% affordable housing requirement for the district. Yet this is not underpinned by either any recent Housing Needs Study or Strategic Housing Market Assessment to provide the necessary evidence base.

4.7.6

Reference is made to the Allocations DPD setting minimum figures for the number of affordable units to be completed on each of the sites specified. However, the precise number that can be delivered will be dependent upon site viability, the availability (or not) of grant funding, and other competing planning gain requirements.

4.7.10

The Council has set an arbitrary 30% affordable housing requirement for the district. Yet this is not underpinned by either any recent Housing Needs Study or Strategic Housing Market Assessment to provide the necessary evidence base. However, the precise number that can be delivered will be dependent upon site viability, the availability (or not) of grant funding, and other competing planning gain requirements. Thus the wording of the preferred option is contrary to PPS3 as it fails to take such factors into account.

4.9.9

design briefs - the HBF would query whether the Council can require a detailed design brief in advance of the submission of all major planning applications (rather than alongside the application for instance). It is not clear what the Council considers to constitute a 'major' application.

lifetime homes - The lifetime homes standard has no status as far as town and country planning legislation is concerned. PPS1: Delivering Sustainable Development states in paragraph 30 that "...planning policies should not replicate, cut across, or detrimentally affect matters within the scope of other legislative requirements, such as those set out in Building Regulations for energy efficiency". PPS12: Local Development Frameworks states in paragraph 1.8 that "...planning policies should not replicate, cut across, or detrimentally affect matters within the scope of other legislative requirements..".

The HBF considers that this is largely a matter already dealt with by way of Part M of the building regulations. Developers must, as a matter of law comply with the Building Regulations and they are subject to frequent change and update unlike local plans. The purpose of these references in the two Planning Policy Statements is to avoid confusion and potentially conflicting advice being given by different regulating authorities.

Thus whilst it may be appropriate for planning authorities to seek to negotiate with developers for a proportion of dwellings to be built to lifetime homes standards, it is considered excessive and unwarranted to require a specific percentage to be built to such standards.

I would draw your attention to an appeal decision concerning a reference to the provision of lifetime homes on land at former RAF Quedgeley, Gloucester. In paragraph 27 of the decision notice (see attached copy) the Secretary of State said that "it is not appropriate to include this matter, for the reason that the internal layout of buildings is not normally material to the consideration of planning permission. PPG3 gives advice about the assessment of need for housing for specific groups including the elderly and disabled".

No evidence base is put forward in order to justify the 25% lifetimes homes standard requirement.

Code for Sustainable Homes - The relationship between the Code for Sustainable Homes and planning policies being interpreted in an inconsistent way throughout England (and, indeed, Wales) is becoming increasingly problematic for the house building industry. In their attempt to be seen to be rising to meet the challenges set by climate change many regions, sub regions and local authorities are taking it upon themselves to try to move faster than the timetable attached to the Code for carbon reduction.

It is similarly curious as to how, or why, regional or local planning bodies could, or should, set their own carbon emission targets for the performance of buildings. The national application of the Code for Sustainable Homes quite clearly sets targets and milestones that together are a national trajectory, culminating in zero carbon homes by 2016.

Following on from the HBF summit on zero carbon homes, a Task Force was set up co-chaired by Yvette Cooper MP and Stewart Baseley (HBF Executive Chairman). It met for the first time on 31 January 2007. Alongside the HBF and DCLG, membership includes the Construction Products Association, the DTI, John Callcutt (in respect of his new housing review), WWF, the UK Business Council for Sustainable Energy and the Local Government Association.

Members of the Task Force will focus on work in relevant areas. HBF will lead on research issues, including those relating to housing and urban design. Our short-term objective is to reach agreement on a Concordat between the main parties, which can be published in the summer alongside the Government's final policy proposals on the timeframe and approach to zero carbon homes.

The HBF is extremely concerned that regions and local authorities are seeking to amend and shorten the agreed zero-carbon timeframe. It has written to Yvette Cooper MP reaffirming the point that multiple targets will critically undermine our prospects of achieving the Government's overall objective. It is crucial that this fact is taken on board. The 2016 Taskforce will, inevitably, want to address this issue as well since it is considered to be unhelpful and unnecessary for each region to set its own targets for implementation of the Code.

Fundamentally the Industry has signed up to a deal with the Government to achieve Carbon Neutrality within the next ten years. Local Authorities should also sign up to this objective in order for consistency and certainty with regard to long-term investment in new technologies and skills that will be essential in order to deliver Carbon Neutrality in the 10 year time-span envisaged.

Furthermore, Carbon Neutrality is best achieved through Building Regulations and not via unsubstantiated planning policies. In this regard the Code for Sustainable Homes has largely somewhat overtaken the Council's previous commitment to producing an Energy Efficiency SPD.

Technological innovation is moving rapidly in the sector of energy generation. It is, therefore, the HBF's view that planning policies should not try to "back winners" by specifying one type of technology over another in terms of types of energy generation or types of renewable energy generation.

Emerging practice is becoming confusing, in part due to a lack of sufficient clear guidance by central government in the context of energy policy. We have thus seen the emergence of myriad definitions used to calculate energy use of development proposals.

Planning policy should not be a tool to define and control what are essentially energy generation considerations. That is the role of national energy policy and regulation and the role of planning is to facilitate the delivery of the energy supply solutions that stem from national energy policy.

The debate over the benefits (and pitfalls) of on site, local, regional or national energy generation is still ongoing, as are the issues surrounding the long-term costs/benefits of individual renewable energy technologies. We believe the key in this field is a national strategic vision of how we can achieve an efficient low carbon energy supply for the country. Local authorities should not seek to second guess such thinking through adopting prescriptive local policies on energy supply. We also consider that the expert capacity to determine such matters is, in any case, not something that currently exists, especially within LPA planning departments.

It is, therefore, considered that planning policy should be concerned solely with removing barriers to the siting or development of new innovations such as wind turbines, CHP plants and other energy generation development. It should not seek to control the use of power within dwellings (since this would, in any event, be unenforceable) or be concerned with the fabric of the building, which is covered adequately by the Code for Sustainable Homes as discussed above.

There are many examples of such confusion arising in attempts by local authorities seeking to set and implement "Merton Rule" style policies for a proportion of "on site" renewable energy. Indeed, even Merton Borough Council relies solely on independent consultants reports to assess energy use of dwellings to calculate compliance with their 10% target for on site renewable energy. It is quite obvious that this issue is not one that can be adequately controlled through planning measures and is an example of how planning is being used to inadequately address issues that are better dealt with through other legislation and controls.

Planning does, of course, have a role to play in allocating sites suitable for the establishment of renewable technologies for energy generation, both in themselves (such as sites for large wind farms and district CHP plants) and in areas that may benefit from access to renewable sources for on site generation, such as sites near to biomass generation sites.

However, the debate over whether wind turbines are more or less efficient than photo voltaic cells, whether ground source heat pumps are more effective than solar heat transfer technology or other similar discussions should not an issue for consideration under planning powers available to local authorities.

In such a fast moving field of technological innovation planners and the planning system should be open to discussion about the most appropriate issues and solutions on a site by site basis rendering any blanket proportional target unnecessary and, indeed, potentially restrictive on emerging new solutions.

The HBF has very strong views on this subject matter. The Code for Sustainable Homes sets clear standards, and dates by which they need to be reached. It is therefore clearly inappropriate for Councils to seek to set their own alternative standards and requirements. It is especially inappropriate to do so via SPD rather than through the statutory process.

Planning and Climate Change (December 2006) has recently been published as a draft supplement to PPS1. The document supports the HBF's viewpoint that the draft PPS should clearly recognise the need for planning policy not to duplicate the role of national building regulations. It states in paragraphs 27-39 that in determining planning applications LPA's should ensure they are consistent with the PPS and avoid placing inconsistent requirements on applicants. Paragraph 30 says that with regard to the environmental performance of new development, planning authorities should "engage constructively and imaginatively with developers to encourage the delivery of sustainable buildings. They should be supportive of innovation".

Paragraph 31 of the aforementioned draft document states that "LPA's should not need to devise their own standards for the environmental performance of individual buildings as these are set out nationally through the Building Regulations".

Furthermore, it must be recognised that if carbon emissions are to be properly tackled then there needs to be a concerted effort to reduce carbon emissions from the existing housing stock, which is far less environmentally friendly than any modern housing now being built.

The Federation does not consider it appropriate for the Council to set its own sustainability standards for new development as these are set out within the Code for Sustainable Homes and Building Regulations. It is inappropriate for local authorities to replace national targets with there own particular standards. To do so is likely to hinder the delivery of more sustainable development, rather than help it. There will be no certainty or economies of scale for companies to take the investment steps necessary in order to ensure that new technologies can be developed and delivered to meet the targets outlined.

It is unclear as to why the Council should seek to require compliance with the minimum standards set out in the Code for Sustainable Homes via a spatial policy. The Code lies outside of planning legislation, and developers already have regard to it, as well as to Building Regulations.

4.11.6

The Council states that it wishes to push landscaping details to the fore of the planning application process and make them a prerequisite for determination for certain application types. It is unclear as to why the Council believes that it is no longer acceptable to deal with any landscaping issues by planning condition to be agreed after planning permission is granted. The appropriateness of such an approach in a Core Strategy is strongly questioned.

4.12.11

It is unclear as to why the Council should seek to require compliance with the minimum standards set out in the Code for Sustainable Homes via a spatial policy. The Code lies outside of planning legislation, and developers already have regard to it, as well as to Building Regulations.

It is stated that the Council will produce policies that require all new homes to be carbon neutral. There is no evidence as to how it will seek do this, or by when.

The Council also seeks to produce all sorts of other policies that seem incapable of being implemented given that they are seeking to control matters outside of the planning system, and or which are covered by other regulatory regimes.

5.

The section on monitoring fails to provide any detail on how it will be used to actually implement the Core Strategy so as to ensure that delivery is achieved. The Core Strategy needs to set the framework for the AMR by identifying key targets and indicators against which the LPA can measure the effectiveness of the strategy/policies and proposals.



Consultation

I look forward to being consulted on all future relevant DPD and SPD consultation documents (and any relevant background documents and studies) in the future, and would appreciate being notified in writing wherever these documents are being either submitted to the Secretary of State, or being Adopted.


I also look forward to the acknowledgement of these comments in due course.

On behalf of Aston Unit Trust and Mr J Needs, I enclose representations in respect of the Rochford Core Strategy Preferred Options.

As you will be aware from previous correspondence, my clients have a particular interest in land at Wellington Road, Rayleigh. Should you require any further information on this particular site or this batch of representations, please do not hesitate to contact me.

Policy Content

The main comments concerning the content of the published consultation document are as follows:

1. To satisfy government guidance, the Core Strategy Preferred Options stage should have moved significantly on from the previous Issues and Options stage in terms of scope, content, and process as outlined below.

2. The evidence base should be substantially expanded and rolled forward to ultimately justify the selection of the Preferred Option. In particular, further evidence involving urban capacity, strategic housing market assessment, strategic housing land availability, town centres & retailing, employment land review, and transport studies is required. The whole evidence base should also be extended and rolled-forward well beyond 2021 so as to comply with PPS3 Housing guidance (namely that adopted DPDs should look forward at least 15 years' ahead at the date of their adoption).

3. Rochford district has significant functional economic relationships with Southend, Basildon, and other parts of Essex Thames Gateway, as well as parts of Greater London. The evolving Core Strategy should consider how these relationships might change and develop up to 2021, and what the practical implications might be for job/home alignment, commuting patterns, transport, and patterns of development provision.

4. The urban capacity study needs urgent updating before the broad direction of any Preferred Options can be confirmed. It also needs to be linked into a strategic housing market assessment and strategic housing land availability assessment in accordance with PPS3. In this way, the re-use of previously-developed land (PDL) and the consequential need for any greenfield site releases in the district can be properly clarified. At present there is inadequate information about this issue to inform discussion of Preferred Options.

5. The Preferred Options stage should also investigate the spatial planning implications of the RSS jobs figure. It should identify where the net jobs increase will come from within different economic sectors, and what the corresponding land-use implications might be for B1 employment uses, office development, retail and services, tourism, and the public sector (such as education and health). The District Council should undertake an employment land review to assess the extent to which existing employment areas will remain suitable and which new or existing locations would best support the future economic strategy of the district. This should then feed into the consideration of the future accessibility of employment sites to housing locations.

6. The Preferred Options should contain policy guidance regarding the preferred strategy for the district's town centres. This should include discussion of strategic options and choices for the amount and location of retail provision and other town centre uses. The policy approach towards out-of-centre development should also be explored and clarified.

7. The range of alternative options for the development strategy should be explained much more explicitly. This includes identifying and quantifying how much new housing should to be provided on PDL and greenfield sites, respectively; and the development provision required for employment, offices, town centre and retail uses, and other major development. Having established the broad quantum of new development required in the district, the Preferred Options stage should set out the reasonable alternatives for the location of new development in terms of its spatial pattern. This includes both the numeric distribution between individual key settlements and the broad locations for any major development. The latter would include identifying the geographical sectors on the edge of major settlements. The reasoned justification for any preferred option(s) should also be set out explicitly by drawing on the results of technical studies, SEA and sustainability appraisal, transport studies, and the results of public consultation at previous stages.

8. The practicality and desirability of designating 'buffers' in policy terms within the Metropolitan Green Belt (MGB) is unclear. The stated purposes of the MGB already include preventing the coalescence of existing settlements plan situated within the MGB, so the proposed use of 'buffers' represents a duplication of existing policy. Alternatively, if the proposed 'buffers' are to perform a different policy role this is not adequately explained. Since greenfield land releases may be required in the district up to 2021 and beyond, it is unclear whether the proposed use of 'buffers' would be incompatible with such an approach or not.

9. The approach towards the provision of new affordable housing is based upon specific local size thresholds in terms of site size. However, the proposed local thresholds are different from those set out in PPS3 Housing. The use of local thresholds departing from national guidance requires special justification, but this is not provided. It is also unclear whether the proposed affordable housing could be delivered in the absence of clear mechanisms for its delivery.

10. The Preferred Options should set out much greater consideration of the elements of a sustainable transport strategy to support the 5, 10 and 15 year visions. The County Council would be willing to assist Rochford District Council in preparing this material to support its Core Strategy DPD submission.

11. The Core Strategy will require more consideration of implementation and monitoring in accordance with government guidance. In particular, the actions necessary for delivery, any absolute dependencies on infrastructure, and the timescale should be identified. The recent White Paper (Planning for a Sustainable Future, May 2007) is proposing that detailed implementation plans should be prepared alongside Core Strategy DPD preparation.


Future Process

In view of the above comments, Rochford District Council is recommended to:

a) Commission additional technical studies to support and supplement the evidence base, and extend the base well beyond 2021;

b) Give more explicit guidance about the range of future development options in the district for different types of new development, including a more fuller reasoned justification at arriving at any preferred option(s);

c) Carry out further public consultation on (a) and (b) before proceeding to the preparation of a Core Strategy DPD for submission to the Secretary of State.


2. MORE DETAILED COMMENTS

Spatial Portrait
Para 1.9 The sentence "Within the district road infrastructure is poor" should be deleted, as there is no evidence that Rochford's roads are particularly poor.

Para 1.9 The sentence "There are no designated Heavy Lorry Routes in the District and many routes are unfit for their current level of use" should be amended to "The district's road network is under pressure from increasing private car and commercial traffic."

Spatial Vision

Para 2.6 After second sentence add, "The larger new development sites will have been designed with priority access to public transport, pedestrians and cyclists in mind".

Para 2.14 Add "The South Essex Rapid Transit (SERT) project, enhancing the use and attractiveness of public transport in the Thames Gateway area, will have entered the District."
Para 2.24 Amend "Public transport is well used and has been enhanced by the completion of the South Essex Rapid Transit (SERT), which serves most of the population of the district." to "Public Transport is well used and has been enhanced by further South Essex Rapid Transit services."

Para 2.27 The phrase "Despite travel times to and from the airport increasing " should either be explained or deleted.

Green Belt

Para 4.2.7 The expansion of King Edmund School would require extra land in the Green Belt. Therefore, it may be helpful to include community facilities in the consideration of relaxation of policy.

General development locations

Para 4.6.2 The Rochford Core Strategy should have regard to the existing Brickearth Consultation Area when identifying new locations for development.

Para 4.6.1 Add at end: "embodying priority access by sustainable transportation modes consistent with Local Transport Plan policies as far as practicable where appropriate. Development will also be progressed with regard to highway development control policies to be defined in detail within the Development Control policies set of documents outlined in paragraph 3.9."

Para 4.6.3 While schools are included in the 'good range of facilities' alluded to, these settlements are only 'capable of sustaining some expansion' if the number of school places is increased. The document needs to be clear that there are insufficient surplus places to accommodate 3,900 additional homes.

Para 4.6.10 Significant additional schools capacity will be needed as set out below. In addition, Early Years and Childcare facilities will need to be provided in each case. Financial and land contributions from developers will be needed to deliver this infrastructure. The allocation of 300 more units than proposed to Hockley and 300 less to Rayleigh would provide a better fit in terms of maximising the use of current schools' capacity. Rochford/Ashingdon:- 1,000 UnitsThe capacity of Doggetts Primary can potentially be expanded to meet the needs of up to 1,000 new homes. If the sites are poorly located for this school, a new single form entry primary school would be needed (site area required 1.1 hectares). At secondary, King Edmund is already accommodating significantly more pupils than is recommended by the DfES for their site area. The school is forecast to remain oversubscribed. To expand, the school will need to obtain additional land. Land to the north and east of the school is open. The school has access difficulties with significant vehicle / pedestrian conflict and congestion at the start and end of the day. Incorporation of land to the north into the school site would allow the school to expand to serve new housing while at the same time providing improved access via Brat's Lane. The plan should allocate a minimum of 2.7 hectares of land for this purpose based on 1,000 new homes. RDC will need to consult with the School as to the precise piece of land needed. Hockley/Hawkwell: - 400 UnitsDemand for both primary and secondary places in the area is forecast to fall, which should allow this number of new dwellings to be accommodated without the need for significant additional capacity. Rayleigh: - 1,800 UnitsThis quantum of new development is likely to require an additional two forms of entry to be added to permanent capacity across the town at both primary and secondary levels. Half of this requirement at primary level can be met by expanding existing schools. The allocation of a single housing site of around 700 units would be needed to deliver a new single form entry primary school (1.1 hectares) to make up the anticipated shortfall. Limited expansion of Fitzwimarc and/or Sweyne Park can probably be achieved with careful planning/ negotiation with the schools. Smaller settlements: - 500 UnitsThe allocation of units to smaller settlements could help sustain rural primary schools within the District but would impose long term school transport costs upon the County Council that should be mitigated through developer contributions. Specific locations will require careful consideration.

Para 4.6.18 Reference to public transport should be added, as Rayleigh has excellent access by rail both towards London and Southend.

Employment

Para 4.8.8 Regional Employment Strategy should be amended to Regional Economic Strategy.

Good design & design statements

Para 4.9.9 Architects and developers should be required to design their new developments with the use of recycled and alternative materials in mind, as efforts to increase recycling will only be worthwhile if there is a local market for recycled products.

Character of place & the historic environment

Para 4.10.8 The policy bullet points should include reference to historic heritage (e.g. historic landscape and archaeology), not just identity and buildings.

Energy & water conservation & renewable energy

Section 4.12 It is considered the Core Strategy for Rochford should provide the basis of policy guidance for accommodating waste management facilities within the District in order to be consistent with the RSS and PPS10. Policies should address the following:

- Resource reduction, re-use and recycling during construction of new developments as a way of driving waste up the waste hierarchy. This should be a primary objective.

- Use of renewable resources from sustainable sources.

- Impact of development on the environment and local amenity.

- Appropriate layout and design of buildings, external spaces and roads to allow for waste storage and collection and to facilitate waste separation and recycling. PPS10 contains guidance with regard to what facilities should be incorporated into non-waste related development.

- The recommendations on pages 91 - 94 of The Essex Design Guide Urban Place Supplement, which is being adopted by Rochford District Council as a Supplementary Planning Document.

4.12.11 The first bullet point relates to much wider issues than the energy conservation heading under which it appears. It should be a core policy in its own right, and include aspects such as safe routes to schools.

Compulsory purchase & planning obligations

4.13.7 Add education to list of justifications for compulsory purchase. As stated above, The King Edmund School needs to secure additional land.