Issues and Options Document

Representations to the Rochford District Council New Local Plan: Issues and Options Document Consultation
Michelins Farm, Rayleigh
Submitted on Behalf of Equation Properties Limited

We are instructed by our client, Equation Properties Limited ('Equation'), to submit the enclosed representations to the New Local Plan: Issues and Options Document Consultation.
Representations can be made until 7 March 2018 and on the basis that this letter is submitted within those timescales we trust that our comments will be taken into account.

1 Summary Representations
Equation:
 Objects to the retention of Michelins Farm for Gypsy and Traveller Accommodation (SP1.5 Option B);
 Support the allocation a number of smaller Gypsy and Traveller pitches / sites to meet the needs of the local area (SP1.5 Option C);
 Supports the relocation of Rawreth Lane Industrial Estate for employment uses (SP1.8 Option B);
 Supports the continued allocation of Michelins Farm given the strong commercial interest in developing the site for a range of employment uses (Classes B1(c), B2 and B8) (SP1.8 Option C); and
 Supports the allocation of new employment land to meet the identified demand for new employment floorspace across the district (SP1.8 Option D).
Our reasoned justification is set out below.

2 Site Context
The Michelins Farm site extends to 9.8 hectares and comprises 'degraded' greenfield land. In the adopted Development Plan, the majority of the site (8.8 hectares) is allocated for employment use under Policy NEL1. This submission relates principally to the 1 hectare site on the south west corner of the Michelins Farm site allocated for Gypsy and Traveller Accommodation (Policy GT1).
Existing access onto the wider site is gained from the A1245. The site is relatively flat, however, there is a significant increase in the height of the land on the northern boundary where it meets the train line. Pylons are situated to the north west and south west of the site, and the land is believed to be contaminated.

3 Planning History
There is no planning history of relevance, albeit there was a pre-application exercise undertaken in 2015 which promoted the entire 9.8 hectare Michelins Farm site for employment development. This was the extent of the employment land demand at that point, which has only increased since.

4 Policy Context

The Department for Communities and Local Government published the updated Planning Policy for Traveller Sites document in August 2015 to help achieve the Government's overarching aim 'to ensure fair and equal treatment for travellers, in a way that facilitates the traditional and nomadic way of life of travellers while respecting the interests of the settled community'. One of the Government's specific aims in respect of traveller sites is 'to enable provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure'.

In terms of Plan-making, Policy B: Planning for Traveller Sites states that:
'Local Plans must be prepared with the objective of contributing to the achievement of sustainable development.

To this end, they should be consistent with the policies in the National Planning Policy Framework, including the presumption in favour of sustainable development and the application of specific policies in the Framework, and this planning policy for traveller sites.'

Furthermore, the Planning Policy for Traveller Sites sets out the requirement that Local Planning Authorities should ensure that traveller sites are economically, socially and environmentally sustainable. This is to be achieved by ensuring site provide access to appropriate health services, ensure that children can attend school on a regular basis, provide a settled base that reduces both the need for long-distance travelling and provide for proper consideration of the effect of local environmental quality (such as noise and air quality) on the health and wellbeing of any travellers.

The National Planning Policy Framework (NPPF), which was adopted in March 2012, sets out the Government's planning policies for England and should be read in conjunction with the Government's Planning Policy for Traveller Sites. Fundamentally, Paragraph 151 of the NPPF states that:
'Local Plans must be prepared with the objective of contributing to the achievement of sustainable development.'

In terms of preparing planning policies, Paragraph 37 states that such policies should 'aim for a balance of land uses within their area so that people can be encouraged to minimise journey lengths for employment, shopping,
leisure, education and other activities.'

We note that a need for 15no. Gypsy and Traveller pitches up to 2018 was identified in the adopted Core Strategy as a result of the policies in a former regional plan (East of England Plan (2008)). To address this need, Policy GT1 of the Rochford District Council Allocations Plan (adopted February 2014) identified land at Michelins Farm to accommodate the required pitches. Section 3.306 of the Allocations Plan relates to the Gypsy and Traveller allocation at Michelins Farm stating:
'It is essential that the site is managed in a way that ensures it is open and accessible to the traveller community. Specifically, there will be a need to ensure that travellers, in appropriate circumstances, can be offered a pitch when required as part of the process of dealing with unauthorised sites in the district. On that basis, the Council's preference is for the creation of a new municipal site that will be positively managed for the benefit of the traveller community and will ensure that a pitch can be offered when required in a simple and straightforward way. To this end the Council will seek to acquire this land and will ensure that it is appropriately managed by or on behalf of the Council.'

The allocated pitches were to be delivered by 2018; however, in the 4 years since the site's allocation, it has not come forward for the development of traveller and gypsy accommodation. The site cannot be considered as 'open and accessible to the traveller community' being located in an isolated area surrounded by a substantial employment allocation and infrastructure (roads, railway line and pylons). This situation will be intensified when the allocated land is developed for employment uses which segregate the traveller site. Whilst the policy defends against this position, it is difficult to see how the two land uses can coexist, with the traveller site potentially prejudicing the delivery of valuable economic development.
When allocating a site for gypsy and traveller accommodation, the relationship to and impact on surrounding land uses is a material consideration. Typically, employment uses are located away from residential development.

Similarly, residential development is generally not supported on contaminated land. The use of Michelins Farm for gypsy and traveller pitches is contrary to the Government's overarching aim of ensuring fair and equal treatment for travellers. Costly remedial work would be required for the use of Michelins Farms for traveller accommodation. Furthermore, due to the 24/7 operation of employment sites and the nature of traveller living accommodation (Caravans, Mobile Homes, etc.) noise from the adjoining site, should it be developed for employment uses as envisioned, would have a major negative impact on the sensitive residential use. Conversely the location of the traveller site could prejudice the operation of future occupiers of the employment land, which would potential deter development coming forward.

5 Issues and Options

The Issues and Options Documents sets out the Draft Vision for 2037 as:
'Rochford District is a green and pleasant place with a focus on business and high quality homes supported by accessible and responsive services and facilities, creating healthy and sustainable communities.'

In terms of the Vision for Rochford's Society, it states that:

'We (Rochford District Council) have worked with Essex County Council and other infrastructure and service providers to ensure that appropriate facilities are delivered to support strong and sustainable communities, and provide residents and visitors with choice about how they live, work and travel.'

As previously discussed, the site currently allocated for gypsy and traveller is situated in an isolated location and cannot be considered as being a sustainable location for residential development in line with the Draft Vision.

SP1.5: How do we sustainably meet our need for Gypsy and Traveller pitches over the next 20 years?

We note that a need for Gypsy and Traveller pitches was identified in the most recent Essex Gypsy and Traveller Accommodation Assessment 2017 (GTAA).
The Issues and Options Documents notes that Rochford District Council's assessed need up to 2033 could be met at the currently allocated site at Michelins Farm. The Document further notes that the allocated site is in the early stages of delivery, but it is envisaged the site will be delivered in the short term, however no evidence is provided to support this. As previously noted, significant remediation is likely as well as considered highways access and utility provision in order for it to be utilised for gypsy and traveller accommodation. The associated costs would, therefore, make the development of the site for domestic use financially unviable.

In terms of the Options given in respect of meeting the need for gypsy and traveller pitches our client objects to Option B - to retain the currently allocated site at Michelins Farm for Gypsy and Traveller Accommodation. The site's remote location means residents of the site would have restricted access to local amenities, education, employment opportunities and healthcare. There are limited public transport links to and from the site and as a result, any development on the site would be highly dependent on the use of the private car. This would result in a highly unsustainable development, contrary to the NPPF and Planning Policy for Traveller Sites.

To achieve truly sustainable development, which ensures the fair and equal treatment for travellers, we strongly support Option C which would allocate a number of smaller Gypsy and Traveller pitches / sites to meet needs throughout the district. This would provide residents with 'suitable accommodation from which travellers can access education, health, welfare and employment infrastructure' in line with the Government's aim for gypsy and traveller accommodation.

The lack of traveller development on the site since its allocation is indicative of the both the limited demand and cost of delivering pitches. The integration of this land within the adjoining employment allocation would be more appropriate, for which there is demand, as identified in the Economic Development Needs Topic Paper 2017.

SP1.8: How do we plan for and facilitate the delivery of our need for new jobs over the next 20 years?

The Economic Development Needs Topic Paper 2017 'combined scenario' suggests that there is a need for a minimum of 7 hectares of 'new' employment land between 2016 and 2036. It is anticipated that over this period, that there will be a reduced demand for warehousing in the district, and a greater demand for manufacturing / industrial (B1c / B2) uses on 6 hectares and higher density office (B1) developments on a further 1 hectare of land.

This requirement equates to total employment creation of 1,242 jobs over the projection period (2016-2036), which equates to job creation of approximately 62 jobs per year. This additional requirement highlights the logic of allocating the whole of the Michelins Farm site for employment, incorporating the existing gypsy and traveller allocation (GT1). Equation would support the allocation of new employment land in this respect, given the level of existing occupier demand.

Equation also support the continued allocation of Michelins Farm given the strong commercial interest in developing the site for a range of employment uses (Classes B1(c), B2 and B8) (SP1.8 Option C). Equation also supports the reallocation of Rawreth Lane Industrial Estate for employment uses (SP1.8 Option B). The estate has a high level of occupancy and there has been no interest in the site for residential developers. Moreover, given the demand for new employment floorspace, Equation is concerned that displacement of businesses from Rawreth Lane Industrial Estate to Michelins Farm will create yet more pressure on the need for additional employment land to meet demand. There is demand for Michelins Farm along, without relocation pressures from Rawreth Lane, such that we consider that a further 1 hectare can be allocated (the gypsy and traveller site) which would contribute towards the 7 hectare requirement identified in the Economic Development Needs Topic Paper 2017. Equation therefore supports the allocation of new employment land to meet the identified demand for new employment floorspace across the district (SP1.8 Option D).

6 Conclusion

Equation objects to the retention of Michelins Farm for Gypsy and Traveller Accommodation (SP1.5 Option B); supports the allocation a number of smaller Gypsy and Traveller pitches / sites to meet the needs of the local area (SP1.5 Option C); supports the reallocation of Rawreth Lane Industrial Estate for employment uses (SP1.8 Option B); supports the continued allocation of Michelins Farm given the strong commercial interest in developing the site for a range of employment uses (Classes B1(c), B2 and B8) (SP1.8 Option C); and supports the allocation of new employment land to meet the identified demand for new employment floorspace across the district (SP1.8 Option D). We would be grateful if you would keep us informed of the progress of the Draft Local Plan. Should you have any questions, please do not hesitate to contact me.

Representations to the Rochford District Council New Local Plan: Issues and Options Document Consultation
Michelins Farm, Rayleigh
Submitted on Behalf of Equation Properties Limited

We are instructed by our client, Equation Properties Limited ('Equation'), to submit the enclosed representations to the New Local Plan: Issues and Options Document Consultation.
Representations can be made until 7 March 2018 and on the basis that this letter is submitted within those timescales we trust that our comments will be taken into account.

1 Summary Representations
Equation:
 Objects to the retention of Michelins Farm for Gypsy and Traveller Accommodation (SP1.5 Option B);
 Support the allocation a number of smaller Gypsy and Traveller pitches / sites to meet the needs of the local area (SP1.5 Option C);
 Supports the relocation of Rawreth Lane Industrial Estate for employment uses (SP1.8 Option B);
 Supports the continued allocation of Michelins Farm given the strong commercial interest in developing the site for a range of employment uses (Classes B1(c), B2 and B8) (SP1.8 Option C); and
 Supports the allocation of new employment land to meet the identified demand for new employment floorspace across the district (SP1.8 Option D).
Our reasoned justification is set out below.

2 Site Context
The Michelins Farm site extends to 9.8 hectares and comprises 'degraded' greenfield land. In the adopted Development Plan, the majority of the site (8.8 hectares) is allocated for employment use under Policy NEL1. This submission relates principally to the 1 hectare site on the south west corner of the Michelins Farm site allocated for Gypsy and Traveller Accommodation (Policy GT1).
Existing access onto the wider site is gained from the A1245. The site is relatively flat, however, there is a significant increase in the height of the land on the northern boundary where it meets the train line. Pylons are situated to the north west and south west of the site, and the land is believed to be contaminated.

3 Planning History
There is no planning history of relevance, albeit there was a pre-application exercise undertaken in 2015 which promoted the entire 9.8 hectare Michelins Farm site for employment development. This was the extent of the employment land demand at that point, which has only increased since.

4 Policy Context

The Department for Communities and Local Government published the updated Planning Policy for Traveller Sites document in August 2015 to help achieve the Government's overarching aim 'to ensure fair and equal treatment for travellers, in a way that facilitates the traditional and nomadic way of life of travellers while respecting the interests of the settled community'. One of the Government's specific aims in respect of traveller sites is 'to enable provision of suitable accommodation from which travellers can access education, health, welfare and employment infrastructure'.

In terms of Plan-making, Policy B: Planning for Traveller Sites states that:
'Local Plans must be prepared with the objective of contributing to the achievement of sustainable development.

To this end, they should be consistent with the policies in the National Planning Policy Framework, including the presumption in favour of sustainable development and the application of specific policies in the Framework, and this planning policy for traveller sites.'

Furthermore, the Planning Policy for Traveller Sites sets out the requirement that Local Planning Authorities should ensure that traveller sites are economically, socially and environmentally sustainable. This is to be achieved by ensuring site provide access to appropriate health services, ensure that children can attend school on a regular basis, provide a settled base that reduces both the need for long-distance travelling and provide for proper consideration of the effect of local environmental quality (such as noise and air quality) on the health and wellbeing of any travellers.

The National Planning Policy Framework (NPPF), which was adopted in March 2012, sets out the Government's planning policies for England and should be read in conjunction with the Government's Planning Policy for Traveller Sites. Fundamentally, Paragraph 151 of the NPPF states that:
'Local Plans must be prepared with the objective of contributing to the achievement of sustainable development.'

In terms of preparing planning policies, Paragraph 37 states that such policies should 'aim for a balance of land uses within their area so that people can be encouraged to minimise journey lengths for employment, shopping,
leisure, education and other activities.'

We note that a need for 15no. Gypsy and Traveller pitches up to 2018 was identified in the adopted Core Strategy as a result of the policies in a former regional plan (East of England Plan (2008)). To address this need, Policy GT1 of the Rochford District Council Allocations Plan (adopted February 2014) identified land at Michelins Farm to accommodate the required pitches. Section 3.306 of the Allocations Plan relates to the Gypsy and Traveller allocation at Michelins Farm stating:
'It is essential that the site is managed in a way that ensures it is open and accessible to the traveller community. Specifically, there will be a need to ensure that travellers, in appropriate circumstances, can be offered a pitch when required as part of the process of dealing with unauthorised sites in the district. On that basis, the Council's preference is for the creation of a new municipal site that will be positively managed for the benefit of the traveller community and will ensure that a pitch can be offered when required in a simple and straightforward way. To this end the Council will seek to acquire this land and will ensure that it is appropriately managed by or on behalf of the Council.'

The allocated pitches were to be delivered by 2018; however, in the 4 years since the site's allocation, it has not come forward for the development of traveller and gypsy accommodation. The site cannot be considered as 'open and accessible to the traveller community' being located in an isolated area surrounded by a substantial employment allocation and infrastructure (roads, railway line and pylons). This situation will be intensified when the allocated land is developed for employment uses which segregate the traveller site. Whilst the policy defends against this position, it is difficult to see how the two land uses can coexist, with the traveller site potentially prejudicing the delivery of valuable economic development.
When allocating a site for gypsy and traveller accommodation, the relationship to and impact on surrounding land uses is a material consideration. Typically, employment uses are located away from residential development.

Similarly, residential development is generally not supported on contaminated land. The use of Michelins Farm for gypsy and traveller pitches is contrary to the Government's overarching aim of ensuring fair and equal treatment for travellers. Costly remedial work would be required for the use of Michelins Farms for traveller accommodation. Furthermore, due to the 24/7 operation of employment sites and the nature of traveller living accommodation (Caravans, Mobile Homes, etc.) noise from the adjoining site, should it be developed for employment uses as envisioned, would have a major negative impact on the sensitive residential use. Conversely the location of the traveller site could prejudice the operation of future occupiers of the employment land, which would potential deter development coming forward.

5 Issues and Options

The Issues and Options Documents sets out the Draft Vision for 2037 as:
'Rochford District is a green and pleasant place with a focus on business and high quality homes supported by accessible and responsive services and facilities, creating healthy and sustainable communities.'

In terms of the Vision for Rochford's Society, it states that:

'We (Rochford District Council) have worked with Essex County Council and other infrastructure and service providers to ensure that appropriate facilities are delivered to support strong and sustainable communities, and provide residents and visitors with choice about how they live, work and travel.'

As previously discussed, the site currently allocated for gypsy and traveller is situated in an isolated location and cannot be considered as being a sustainable location for residential development in line with the Draft Vision.

SP1.5: How do we sustainably meet our need for Gypsy and Traveller pitches over the next 20 years?

We note that a need for Gypsy and Traveller pitches was identified in the most recent Essex Gypsy and Traveller Accommodation Assessment 2017 (GTAA).
The Issues and Options Documents notes that Rochford District Council's assessed need up to 2033 could be met at the currently allocated site at Michelins Farm. The Document further notes that the allocated site is in the early stages of delivery, but it is envisaged the site will be delivered in the short term, however no evidence is provided to support this. As previously noted, significant remediation is likely as well as considered highways access and utility provision in order for it to be utilised for gypsy and traveller accommodation. The associated costs would, therefore, make the development of the site for domestic use financially unviable.

In terms of the Options given in respect of meeting the need for gypsy and traveller pitches our client objects to Option B - to retain the currently allocated site at Michelins Farm for Gypsy and Traveller Accommodation. The site's remote location means residents of the site would have restricted access to local amenities, education, employment opportunities and healthcare. There are limited public transport links to and from the site and as a result, any development on the site would be highly dependent on the use of the private car. This would result in a highly unsustainable development, contrary to the NPPF and Planning Policy for Traveller Sites.

To achieve truly sustainable development, which ensures the fair and equal treatment for travellers, we strongly support Option C which would allocate a number of smaller Gypsy and Traveller pitches / sites to meet needs throughout the district. This would provide residents with 'suitable accommodation from which travellers can access education, health, welfare and employment infrastructure' in line with the Government's aim for gypsy and traveller accommodation.

The lack of traveller development on the site since its allocation is indicative of the both the limited demand and cost of delivering pitches. The integration of this land within the adjoining employment allocation would be more appropriate, for which there is demand, as identified in the Economic Development Needs Topic Paper 2017.

SP1.8: How do we plan for and facilitate the delivery of our need for new jobs over the next 20 years?

The Economic Development Needs Topic Paper 2017 'combined scenario' suggests that there is a need for a minimum of 7 hectares of 'new' employment land between 2016 and 2036. It is anticipated that over this period, that there will be a reduced demand for warehousing in the district, and a greater demand for manufacturing / industrial (B1c / B2) uses on 6 hectares and higher density office (B1) developments on a further 1 hectare of land.

This requirement equates to total employment creation of 1,242 jobs over the projection period (2016-2036), which equates to job creation of approximately 62 jobs per year. This additional requirement highlights the logic of allocating the whole of the Michelins Farm site for employment, incorporating the existing gypsy and traveller allocation (GT1). Equation would support the allocation of new employment land in this respect, given the level of existing occupier demand.

Equation also support the continued allocation of Michelins Farm given the strong commercial interest in developing the site for a range of employment uses (Classes B1(c), B2 and B8) (SP1.8 Option C). Equation also supports the reallocation of Rawreth Lane Industrial Estate for employment uses (SP1.8 Option B). The estate has a high level of occupancy and there has been no interest in the site for residential developers. Moreover, given the demand for new employment floorspace, Equation is concerned that displacement of businesses from Rawreth Lane Industrial Estate to Michelins Farm will create yet more pressure on the need for additional employment land to meet demand. There is demand for Michelins Farm along, without relocation pressures from Rawreth Lane, such that we consider that a further 1 hectare can be allocated (the gypsy and traveller site) which would contribute towards the 7 hectare requirement identified in the Economic Development Needs Topic Paper 2017. Equation therefore supports the allocation of new employment land to meet the identified demand for new employment floorspace across the district (SP1.8 Option D).

6 Conclusion

Equation objects to the retention of Michelins Farm for Gypsy and Traveller Accommodation (SP1.5 Option B); supports the allocation a number of smaller Gypsy and Traveller pitches / sites to meet the needs of the local area (SP1.5 Option C); supports the reallocation of Rawreth Lane Industrial Estate for employment uses (SP1.8 Option B); supports the continued allocation of Michelins Farm given the strong commercial interest in developing the site for a range of employment uses (Classes B1(c), B2 and B8) (SP1.8 Option C); and supports the allocation of new employment land to meet the identified demand for new employment floorspace across the district (SP1.8 Option D). We would be grateful if you would keep us informed of the progress of the Draft Local Plan. Should you have any questions, please do not hesitate to contact me.