Statement of Community Involvement Addendums: Data Protection and Neighbourhood Planning

Comment

Representation ID: 37465

Received: 27/08/2019

Respondent: Hullbridge Residents Association

We respond to your letter dated 19 July 2019 on behalf of the Hullbridge Community population of apoprox.7500, requesting our 'Statement of Community Involvement' (SCI) in respect of the proposed amendments and additions to the adopted SCI of 2016. We note that the amendments relating to the Data protection will be inserted 'after' you have received our statement, if so how will these amendments be identified for our view?

We refer to the Laws empowering the community to use the Freedom of Information Act, Localism Act (2011), The National Planning Policy Framework as prescribed by the Communities and Local Government Act (March 2012) and provides the framework for local people to produce their own Distinctive Local and Neighbourhood Plans affecting the needs and priorities of their communities (April 2012), and includes the Regulations Governing Neighbourhood Planning Laws, The Consultation procedures laid down in the Core Strategy and Site Allocation Documents, The Allocation DPD Document (Feb 2010) - Discussion & Consultative Document on page 1 (Introduction) that the Council SCI is committed to Regulation 25 Public Participation in the preparation of Planning for the District.

Comment

Representation ID: 37466

Received: 27/08/2019

Respondent: Hullbridge Residents Association

The "Addendum C"- Draft Neighbourhood Planning Addendum- replacing paragraph 2.21 of the adopted SCI 2016 stated that "NP" was for guiding the future development and growth of a local area which can be produced by Parish, Town Councils and acceptable 'communities', governed by the Neighbourhood Planning (general) Regulations 2012. The Parish/Town Council are responsible for undertaking consultation and engagement during the preparation stage of NP's in accordance with the legislation and guidance, however the Hullbridge community has had no consultation with the Parish Council.

Comment

Representation ID: 37467

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Item 1 (page 1) This NP was introduced by the "Localism Act" in 2011 and gives local communities new powers to take decisions to help shape and drive the development that takes place in their area. Would you agree this can be done by proven professionally qualified groups, by example, such as the Hulbridge Residents Association (HRA) in the same way the District Council have accepted the Neighbourhood Forum of "Canewdon and Wallasea" as designated in the District (clause 9), and why Hullbridge have not been given the same opportunity, despite several requests to administer the Neighbourhood Planning Group (NPG) in accordance with the Neighbourhood Planning Regulations 2012, with the added advantage of seeking a Charitable status, with your approval, for funding purposes.

Neighbourhood Plan -

HRA were advised by Westminster Planning Department to apply to you, but we did not receive a reply.
Hullbridge Parish Council (HPC) conceded at a council meeting in 2016 (also attended by the Rural Community Council of Essex (RCCE)) that they were unable to administer projects due to lack of knowledge of large scale development planning matters. HRA 22-member committee were at this HPC meeting and we consider that HPC missed the opportunity to introduce HRA as a 'Professional Group' able to undertake the proposed Neighbourhood Planning Group. The HPC have had ample opportunity to discuss this and come to an agreement, but they have never tried. HRA have provided adequate proof of our 'professionalism' to administer a Neighbourhood Planning Group, under a charitable status to find funds to do this work, RDC and HPC were also copied into this correspondence, but our proposals have continually been rejected, despite us having a robust 'constitution' in accordance with the CPALC 10 point Guiding Principles, which is close to the Constitution observed by the RDC, along with professionally qualified and experienced committee members. HRA will abide by the 7 stages of the NP as set out in item 6, page 2.

Item 1 (cont). Neighbourhood Development Order
We have been in discussions with a Councillor about the possibilities of involvement with a Development Board, which we are happy to participate with, and we were hoping this would lead to some result, but to date we have had no progress.

Item 1 (cont). Community Right to build Order
This section is for the Parish Council, but the accent seems to be on the word "Community", which is in conflict with what we have been speaking about ie that HRA are well 'equipped' to prepare and administer this NP, as stated above, that HPC are unable to deal with large scale developments, but the community representative (HRA) are not provided the opportunity to participate in co-operation with the RDC and HPC in accordance with the rules and regulations set out in the Addendum C.

Comment

Representation ID: 37468

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Item 2. The NP sets policies that will only apply to a smaller 'neighbourhood area' which often align with parish boundaries. HRA stated that RDC should review the Parish boundary between Hullbridge and Rawreth, we were ignored, although we were instrumental in notifying the RDC that the review should have been conducted 'before' accepting the OPA on Mayons Lane, we are justified in requesting the credit for this oversight by RDC. Besides the fact that this is a 'large development' which the Parish council are not equipped to deal with as we have explained before, however once again we state that our proposal will be a great benefit to RDC and HPC for HRA to administer the NPG.

Comment

Representation ID: 37469

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Item 3. Quote - "NP and DO can only be prepared by a 'defined' Neighbourhood Forum" we repeat our request to form a Neighbourhood Planning Group in the same manner RDC have allowed for Canewdon and Wallasea

HRA letter dated 11.5.14 to RDC. Sets out, in brief, from the Guidance notes for 'applicants' etc, extracted from "Supporting Communities in Neighbourhood Planning" with questions to each Subject we understand, and observing details, the important clauses crucial to the success of the NPG depends on adhering to these rules and regulations, as follows:
Page 3 Plans and eligibility.
Page 4 Officially designated Neighbourhood or designated Neighbourhood Forum.
Page 5 To support all groups to achieve the final stages and funding.
Page 11 Completing the application including stages reached, the Nature of neighbourhood planning, Demography, Levels of expertise, Staffing, Funding resources and support for other groups.
Page 13- Evidence based preparation- community engagement, Identity aims & issues, writing policies updating the plans as recommended and identify grants & funds needed. Regrettably we did not receive a response. Have RDC considered the impact on Hullbridge, with about 3,000 to 6,300 homes being developed, expanding our population from 7,500 to 32,500, we emphasise this is tantamount to over-development. Please inform us of the reasons you consider we will not be able to administer the NPG ?

Comment

Representation ID: 37470

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Clause 7. HRA understand the RDC Statutory responsibility as a local authority, who would 'assist' communities in preparation of NP's and the examination and referendum stages of NP where applicable.

Comment

Representation ID: 37471

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Clause 8 The principle of the NP is that it should be led and shaped by the local community but the council does not directly oversee or manage the NP process, but will support NP in the following ways:
Provide advice and guidance, directing relevant bodies towards information and resources relevant to NP and funding sources, attend meetings and make information available for consideration. Reviewing documents and giving feedback and advice, thus fulfilling the council's obligations to the NP Regulations S 2012, as amended. HRA accept all the criteria given above and have stated that we will cooperate with all relevant bodies including the Parish Council as is part of the 2012 NP Regulations/Guidance.
If the Councils consider in any way that HRA are unqualified or inexperienced, can they please inform us, and we will be happy to consider a meeting to discuss our proposal. We consider the 'accent' on "Community Involvement" via a NPG can be of great advantage to the Council, given that there is the possibility of some 3,500 to 6300 (accurate calculations at date of this letter) homes that may be developed in Hullbridge.

Comment

Representation ID: 37472

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Clause 9
Only one area - Canewdon and Wallasea area given the status of Neighbourhood Forum.

Comment

Representation ID: 37473

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Consultation methods

Clauses 10, 11 and 12 provides the right for a the "Community" to prepare a NP or Development Order, we apply for this right again, or ask the Council to give us good reason why HRA is not favoured as Canewdon and Wallasea are to do this work, under the 'engagement opportunities' described in the plan stages.

Comment

Representation ID: 37474

Received: 27/08/2019

Respondent: Hullbridge Residents Association

Community Infrastructure Levy (CIL) (Refer to the SCI 2016- page 10).

This CIL is in accordance with Regulation 2010 (As amended) in particular the Charging Schedule Clauses 2.17 and 2.18. HRA ask if the CIL is mentioned in the Core Strategy and the NPPF,
HRA are concerned with the insufficient consultation as to the "Evidence Base Preparation" and "Infrastructure Funding Gap Assessment" (Cl. 18), and the preliminary "Draft Charging Schedule" (Regulations 15 and 16) stated in the 'future tense'. HRA have not had the opportunity to engage on the "Timetable" for the preparation of the CIL as set out in the Local Development Scheme.

In consideration of the Malyons Lane development, now in construction, please provide us with the information as to how the CIL applies to the developer for incorporation of this Levy and what the sums of money are involved. We have not seen mention of this levy in the 'Contributions' of £4.5m by the developer. Please provide us with information on the Draft Charging Schedule to allow us an observation and comment opportunity. Will these charges be subject to consultation with the developer and what if these charges are insufficient to cope with the required contributions from the residents?

We are pleased to see that RDC have resurrected the Localism Act which gives local communities new powers to make decisions to help shape and drive the development/s in the area.
There is no definition on the words "Gives Communities the Power" or a clear meaning of 'communities'.
HRA have put forward many issues in respect of Malyons Lane , which, although not acknowledged, have been instrumental in amendments to the plans put forward by the developer, and we have had an impact by a 3 to 4 years delay in the construction works. We must remind RDC that HRA have been involved in all issues of developments since 2013 and demand the right to be consulted.

Many issues have not been resolved, specifically in relation to "Flood", existing "Drainage (foul and surface water", which has been neglected since 1968 and infrastructure.

Road improvements
There is no mention of 'road improvements' to Watery Lane, which has a direct impact on the road network in Hullbridge. Can RDC explain why the CPO has not been used to widen Watery lane ?
Several years ago HRA predicted that allocating two sites close together (Hullbridge and Rawreth) will cause chaos, and that has certainly come to pass. This means that the morning and evening 'rush hours' gridlock extends to the whole day and will continue for the next 10 to 15 years, or more if other developments are approved.

Section 6 - Contributions.

HRA wrote to RDC and the NHS requesting information on how the individual contributions were arrived at. A response from NHS presented a major calculation discrepancy and our calculations for the Medical services (£164k- in 2013) should be £384k (2016). We did not receive a response from NHS regards making good the shortfall, and you can understand our concerns for the future of our medical practioners. We spoke to BDW and they said simply that was what was agreed between all parties. If you take into consideration our 'expansion' figures below, we think the future contributions may be similarly calculated.

Expansion-Homes, Population and effect on Insurance.
New Homes Population
East Hullbridge 7 to 14 28 to 56
East Rawreth 1,773 to 3,545 7,092 to 14,180
West Hullbridge 926 to 1,350 3,704 to 5,400
North Hullbridge 537 to 1,074 2,152 to 4,304
South Hullbridge 134 to 268 536 to 1,072
Central Hullbridge 3,100 3,100 7,500 to 7,500 Existing.
Total 6,477 to 9,351 21,012 to 32,512

The total population may be some 21,000 to 32,500 in 10 to 15 years.
In consideration of what the Core Strategy and NPPF state, we say that Hullbridge can be classified as 'over-developed Town' with the unsatisfactory road network causing extreme congestion.
We estimate that the village has some 14,000 vehicles at present, likely to expand to some 33,000+. Common sense dictates that the existing infrastructure is totally inadequate and that the normal cycle of 5 year 'upgrading' has been neglected since 1968. The danger is of environmental, pollution and congestion issues having a substantial impact on Hullbridge, which is likely to be classified as a Town by 2021.

Insurance. HRA provided RDC with likely costs for the properties to be at 'flood' risk by Insurance Companies, with costs to householders likely to be double the normal price unless satisfactory assessments and evidence is provided to the contrary.

Boundary line between Hullbridge and rawreth

HRA stated in 2013 that the boundary line should be reviewed, but we were ignored. The above 'table' indicates quite clearly that the review now becomes even more important and discussions between RDC/HRA/HPC AND RAWRETH Parish Council becomes more imperative. HRA submitted to you substantial information, including our deliberations with the Boundary Commission, but RDC and both Parish Councils chose to ignore us, after we had provided them with the information, which they chose to emulate to you, without any acknowledgement of HRA past consultation with the Boundary Commission.

Assessments
A Planning Consultant invited HRA to visit an Environment Consultants in Bristol, and pending the final results, we are satisfied that the Consultants are a reputable Company, and will produce a Report on Environment in and around Hullbridge.
Purchasers' Condition Reports for the developers of the Malyons lane site indicated in their website that 79% of completed purchases had many faults or in a poor condition, it is not satisfactory for largest purchase of peoples' lives. HRA suggest a NPG can assist in consultation with prospective purchasers.
Inspection by the Local Authorities handing over responsibility to the developers has it's own consequences. Recently one of our MP's wrote an article about this very subject including the Housing Association in Partnership with the Local Authority, who offer an incentive to the Local Authority in return for approval of plans. RDC should consider the consequences.

A most recent TV programme (Britain's extreme Weather by Morland Sanders) suggested that the Government, Local Authorities and Environment/Highways and Drainage agencies are possessed with building homes irrespective of all the dangers present, a Town & Planning Officer made no excuses for why the antequated Planning Laws have lagged behind substantially to be modernised. The latest environment information is not being considered in the planning for more homes. Should this not happen, we consider that blame should be put on the Government, LA and all the planning agencies aforementioned, for putting housing development priorities at the expense of all the warnings being presented and possible lives being put at risk.
HRA are proud of all the amendments made in the approved Malyons Lane development.

HRA wrote to RDC on 11/5/14 in respect of HRA application. My Community Rights- Neighbourhood Planning (NP) & "Supporting Communities in NP submissions".

The information is extracted from the Statutory provisions S.61E-G of the Town and Country Planning Act 1990, s.38A of the Planning and Compensation Act 2004, the Localism Act 2011 chapter 20 and the neighbourhood Planning Act as included in part 6 chapter 1 clauses 109 to 113 and part 6, chapter 3 clauses 116 to 121 and part 6, chapter 4, clause 122 (amended).

Guidance notes for applicants, affective from 14 October 2013.
Subject clauses Question & Answers

Page Plans.
3 Through Neighbourhood Development Order (NDO): Apply for a development order.
Programmes provides support for neighbourhoods: Does £7k Grants apply to NPG.
Eligible
Form a working group of community reps & set up a Hullbridge Neighbourhood NP group have m
Neighbourhood Forum (NF) of 21 people to co-ordinate 21+ people in the group (Constitution)
as designated by the LA.
4 Officially Designated Neighbourhood or Designated Can we produce NP & Development Order.
Neighbourhood Forum (NF).
Complete Online Eligibility Form- Organisation details.
5 Are you able to support all groups to help them with their
final stages. Need to support NF (under-represented) Yes
Funding By setting up a charity.
Are you prepared to support NPF We are happy to conform to the rules.

11 COMPLETING APPLICATION
A) Stage reached in preparing plan. All information and funding will be assessed.
B) Nature of neighbourhood planning area. We will provide
C) Population size 7500 (present).
D) Level of growth anticipated As programme
E) Landscape and habitat characteristics. To provide
F) Level of expertise To provide
G) Volunteer time To provide.
H) Staff. To provide
I) Other resources of funding. To provide
J) Identify other support for the group such as: Funding, To provide. The group can be sustainable for
Volunteer Hours, in-kind support etc. duration of the development (12 years).

CONTEXT FOR THE AREA

Estimate of whole demographic population. Can provide
SUPPORT NEEDED In accordance with the Regulations.

13. Preparation of evidence base
A) Community engagement To provide
B) Identify issues and setting aims To provide
C) Writing policies and the plan Yes
D) Pre-submission consultation. HRA are reasdy to be involved.
E) Updating the plan in the light of consultation. Our team is capable

SUPPORTING DOCUMENTS Important documents
which add background to application. To provide

FOR GRANT SUPPORT We will identify what is needed in terms of Length of time & cost.

HRA suggest open consultation with RDC and HPC to clarify and agree on the way forward to make Hullbridge a better place to live. Past & present experience identifies a lack of trust and transparency, we ask how this situation can be resolved.

We could have achieved the Guinness Book of Records for the largest support of residents, but the Parish Council and local councillors could not find a way to support us.

HRA look forward to robust discussions on all issues concerning the above.