Appendices to DOC70 - Maldon District · Appendices to DOC70 . The Council has provided the...

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Our ref LDP Submission Your ref 24 April 2014 Enquiries to: David Coleman Email: [email protected] Dear Sir / Madam Appendices to DOC70 The Council has provided the following Committee Report to assist the Examination-in- Public process and provide a comprehensive and transparent audit trail of the decision making process. This report from the Head of Planning Services to the Planning and Licensing Committee/Council was withheld from publication at the time due to certain elements of its content being regarded as necessary for consideration in private session at the relevant meeting. Appendices 1 and 3 of this report have not been provided because they contain information which remains confidential to the Council and is not deemed to be required to assist the Examination-in-Public process. Kind regards, David Coleman Planning Policy Team Leader DOC70

Transcript of Appendices to DOC70 - Maldon District · Appendices to DOC70 . The Council has provided the...

Page 1: Appendices to DOC70 - Maldon District · Appendices to DOC70 . The Council has provided the following Committee Report to assist the Examination-in-Public process and provide a comprehensive

Our ref LDP Submission Your ref 24 April 2014

Enquiries to: David Coleman

Email: [email protected] Dear Sir / Madam Appendices to DOC70 The Council has provided the following Committee Report to assist the Examination-in-Public process and provide a comprehensive and transparent audit trail of the decision making process. This report from the Head of Planning Services to the Planning and Licensing Committee/Council was withheld from publication at the time due to certain elements of its content being regarded as necessary for consideration in private session at the relevant meeting. Appendices 1 and 3 of this report have not been provided because they contain information which remains confidential to the Council and is not deemed to be required to assist the Examination-in-Public process. Kind regards,

David Coleman Planning Policy Team Leader

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Agenda Item no. 21 Page 1 / 8

REPORT of

HEAD OF PLANNING SERVICES

to

ANNUAL COUNCIL

19 MAY 2011

NOT FOR PUBLICATION BY VIRTUE OF PARAGRAPH 3 OF PART 1 OF SCHEDULE

12A TO THE LOCAL GOVERNMENT ACT 1972

LOCAL DEVELOPMENT FRAMEWORK UPDATE

1. PURPOSE OF REPORT

1.1 To update Council on the current position of the Local Development Framework and

the five year land supply.

2. AREA FOR DECISION / ACTION

Introduction and background

2.1 Following the publication of the Localism Bill in December 2010, the Council

deferred the progression of the Local Development Framework until the implications

of the Bill were fully understood. Additionally, the recent Heybridge Hall appeal

decision (November 2010) successfully challenged the Council's published five-year

supply of deliverable land for housing.

2.2 Legal advice was sought in December 2010 which confirmed that the Council is

unable to demonstrate that an adequate five year supply of deliverable land for

housing exists and also that the Localism Bill may have implications for the emerging

Core Strategy / Local Plan.

2.3 Subsequently, Member-Officer Liaison meetings have taken place on 11 February, 18

March and 27 April 2011 which have discussed a range of potential options for

progression. The detailed briefing notes that were produced to inform discussion at

the meeting on 11 February 2011 are provided as APPENDIX 1.

Changing context

2.4 Localism Bill

2.4.1 The draft Bill includes a range of measures which seek to empower communities,

decentralise and strengthen local democracy, reform the planning system and reform

the social housing system. Measures proposed as part of the reform of the planning

system include:

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The formal abolition of Regional Spatial Strategies;

Changes to the Community Infrastructure Levy regulations;

Simplification of the examination process and procedures for plan production;

The introduction of Neighbourhood Plans which will fit within the Council’s

Local Development Framework. These plans will enable local communities to

permit development in certain instances (through a Neighbourhood

Development Order) without the need for planning applications. However, the

plans will need to be in accordance with national and local strategic guidelines

and plans;

The introduction of a Community Right to Build which will enable local

communities to take forward development in their area without planning

permission, subject to meeting certain safeguards and securing 50 per cent

support of the community through a referendum;

The introduction of a duty to cooperate to ensure that local authorities and

public bodies cooperate with each other;

The introduction of a requirement for prospective developers to consult local

communities before large planning applications are submitted;

Changes to enforcement to reduce abuse of the system; and

The replacement of the Infrastructure Planning Commission with a fast-track

process for major infrastructure projects based on National Policy Statements

(which are to be approved by Parliament).

2.4.2 The latest indications are that the earliest that the Localism Bill is likely to receive

Royal Assent is October or November of this year. Until this time the Regional

Spatial Strategy (East of England Plan) will remain as part of the development plan

for the Maldon District. However, the intention to abolish the East of England Plan is

capable of being a material consideration.

2.5 Strategic Planning and the Duty to Cooperate

2.5.1 Through the publication of the Localism Bill, the Government has signalled its

intention to alter the nature of strategic planning. Previously this function was carried

out at a regional level by the Government Office for the East of England and the East

of England Regional Assembly. However, with the abolition of these unelected

regional bodies and ultimately the Regional Spatial Strategies, the Government is

introducing a ‘duty to cooperate’ through the Localism Bill. This will ensure that

neighbouring local authorities and public bodies have a statutory obligation to

cooperate with each other (although the details of how this will be managed and / or

enforced are not yet clear).

2.5.2 Through the duty to cooperate, the onus will be on local planning authorities (and

Local Enterprise Partnerships where they choose to take on the role) to take the lead

on matters of strategic planning to ensure that individual plans are ‘joined-up’ and

that where necessary and appropriate joint plans are produced. Additionally, the duty

to cooperate will aim to ensure that local planning authorities do not plan and operate

in isolation, but rather that an on-going dialogue is held between relevant authorities.

2.5.3 As a result, the Council will need to seek to work closely with other neighbouring

authorities in the future to plan for relevant issues. This may occur through ad-hoc

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Agenda Item no. 21 Page 3 / 8

arrangements on specific issues, or through sub-regional partnerships, such as those

formed as part of the Kent-Greater Essex-East Sussex Local Enterprise Partnership.

2.5.4 Some work has already been undertaken on a cross boundary basis. Chelmsford

Borough Council has recently submitted a bid for Transitional Funding for Growth to

Communities and Local Government (CLG) on behalf of the Heart of Essex

(Chelmsford Borough Council, Maldon District Council and Brentwood District

Council). Should the bid be successful, the funding will be used to support a sub-

regional assessment of the five year land supply to help underpin future housing

growth in the sub-region and form a key part of future evidence underpinning future

growth and planning strategy. The funding will also be used to build capacity within

the Heart of Essex sub-regional partnership in the future. The bid submission is

provided as APPENDIX 2.

2.5.5 Additionally, officers have also undertaken work with relevant neighbouring

authorities in relation to developing future housing target evidence (see below and

APPENDIX 4).

2.6 CLG Guidance

2.6.1 The Department of Communities and Local Government (CLG) have been contacted

to clarify whether there are likely to be any procedural changes to the plan making

process arising from the publication of the Localism Bill, and specifically whether

any of the requirements of the LDF evidence base may change. The response

confirms that local authorities should not stop plan making, as the overall procedures

are still in place and will not be changing substantially. In relation to the LDF

evidence base, plans need to remain evidence based, and will continue to be tested in

a public examination/forum.

2.7 National Planning Policy Framework

2.7.1 As part of the reforms to the planning system which are taking place, the Government

is intending to consolidate existing policy statements, circulars and guidance

documents into one concise National Planning Policy Framework. It is expected that

the Government will publish the draft National Planning Policy Framework this

summer, with the final version scheduled for publication in April 2012.

Five Year Supply of Deliverable Land for Housing

2.8 All local planning authorities are required by the Government to identify and maintain

a rolling five-year supply of 'deliverable' land for housing. To be considered

deliverable, land must be available, suitable and achievable for housing development.

Therefore, having a five year land supply demonstrates how the Council is planning to

meet its housing targets for the next five years.

2.9 Given the limitations to growth in the Maldon District imposed by physical and

natural constraints and the lack of outstanding housing allocations within the

Replacement Local Plan, the Council has historically found it challenging to

demonstrate that an adequate five-year supply of deliverable land for housing exists.

The recent Heybridge Hall appeal decision (November 2010) successfully challenged

the Councils five year supply of deliverable land.

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Agenda Item no. 21 Page 4 / 8

2.10 Following a detailed review of the five year land supply, the Council currently has a

deficit of over 200 dwellings in relation to the current housing targets set out in the

East of England Plan. Over time, this can be rectified through the adoption of the

Core Strategy / Local Plan and the publication of the Strategic Housing Land

Availability Assessment. Additionally emerging development schemes could

potentially fill the shortfall.

2.11 Until such a time when a five-year supply of deliverable land for housing can be

demonstrated, applications for housing development will need to be considered

'favourably'. This does not mean automatically that applications should be granted

permission, as they still need to accord with national planning policy (paragraph 69 of

Planning Policy Statement (PPS) 3 sets out relevant criteria). However, this does

mean that land being unallocated or located outside of a development boundary is no

longer a sufficient or appropriate reason for refusal in itself.

2.12 Individual planning decisions will need to weigh up the harm identified as arising

from the development against the planning benefit in making up the shortfall in the

five-year land supply.

2.13 As a result of the current land supply position, Officers are now receiving a

significant quantity of enquiries in relation to potential housing development in the

District. The majority of these enquiries relate to land which is adjacent to the

existing urban areas of Maldon, Heybridge, Southminster and Burnham-on-Crouch.

These areas largely equate to the areas of strategic growth identified in the emerging

draft Core Strategy / Local Plan. Relevant details of major emerging development

proposals have been included as a confidential folder in the Members Room.

2.14 At the Member-Officer Liaison meeting on 18 March 2011 the need to ensure that

Officers are providing appropriate and consistent advice in response to the enquiries

received was emphasised. Additionally, the current risk posed to the District by the

lack of a five year supply of deliverable housing land was discussed. It was suggested

that when officers enter into pre-application discussions for housing development,

they should seek to maximise the community gain package being offered by

developers. As a result, a guidance note has been produced to assist officers in this

process (APPENDIX 3). The need for officers to work closely with relevant ward

Members to identify local priorities was also emphasised.

2.15 Further to this, the production of a Policy Statement was discussed at the Member-

Liaison meeting on 27 April 2011. The intention is that this should clearly set out the

Council’s interim policy requirements and aspirations until such time as an updated

Development Plan for the District has been adopted. If endorsed by Council, the

policy statement may help to provide some additional guidance to developers, as well

as assisting officers further during pre-application discussions. The legal status that

such a Policy Statement would hold is currently being investigated by officers.

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Agenda Item no. 21 Page 5 / 8

Maldon District Housing Targets

2.16 The District’s housing target currently set out in the draft Core Strategy / Local Plan

is based upon policy H1 of the East of England Plan. This approach is consistent with

advice from CLG. However, Counsel has clearly indicated that the advice from

Government does not provide sufficient justification for retaining regional figures

which are set out in the East of England Plan once the Localism Bill receives Royal

Assent [and the East of England Plan is formally abolished].

2.17 Accordingly, by retaining these figures within the emerging Core Strategy / Local

Plan, Maldon District Council must be able to justify the adoption of these targets in

the examination process [assuming that the Localism Bill has received Royal Assent

by the time the Core Strategy / Local Plan reaches the examination stage]. Given the

procedural timescales involved it may be difficult to progress through the examination

process before the Localism Bill receives Royal Assent.

2.18 Advice obtained from Essex County Council indicates that the evidence available to

support the Regional Spatial Strategy (RSS) housing target at examination will not

necessarily be adequate. Therefore, it would be prudent for Maldon District Council

to ensure that a robust and appropriate future local housing target for the District is

identified. Officers are currently undertaking further investigation in relation to the

robustness of the evidence which is available to support the RSS housing target for

the District.

2.19 The Council will also need to consider how the new duty to cooperate and

requirement to plan across boundaries with other local planning authorities for such

matters of strategic planning importance will impact upon the future provision of a

local housing target for the District. Initial work has already been undertaken in this

regard (APPENDIX 4).

2.20 Should the locally derived housing target vary from the current housing target for the

District included within the East of England Plan, there will be future implications for

the scale of the five year land supply requirement in the District.

Local Development Framework Next Steps

2.21 Having regard to the implications of the Localism Bill and the current five year land

supply position, recent Member-Officer liaison meetings have considered the way

forward for the Local Development Framework.

2.22 The following four potential options were initially identified by Officers for

discussion:

1. Continue to progress towards the examination and undertake the pre-

submission consultation with the existing draft Core Strategy document. Rely

upon the existing RSS evidence base and other existing studies to support

housing targets following the formal revocation of the Regional Spatial

Strategy.

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Agenda Item no. 21 Page 6 / 8

2. Reconsider the Core Strategy housing target, and undertake a specialist study

to provide robust and defensible evidence. Undertake further public

consultation as required.

3. Reconsider the Core Strategy housing target, and other aspects of the Core

Strategy – including the introduction of an energy policy and potentially

filling policy voids* as required. Undertake further public consultation and

update the evidence base (including undertaking a specialist study to support

housing targets) to support new policies.

4. Undertake a fundamental review of all aspects of the Core Strategy and the

LDF programme in light of the publication of the Localism Bill and other

changes to the planning system. Undertake further studies and public

consultation as required.

2.23 A fifth option was also suggested at the Member-Officer Liaison meeting on 11

February 2011 which advocated a variation on option 3:

5. Produce a Local Plan for the District, based largely upon the existing

emerging Core Strategy, but including some additional policies to give some

greater focus to specific elements of the Maldon District, and to fill policy

voids left by the revocation of the RSS. Potential additional policy

requirements include an energy policy and local produce policy*. A further

review of certain existing policy areas may be required, including housing

targets and the retail strategy for the District. Undertake further public

consultation and update the evidence base as required to support new and

revised policies.

2.24 This fifth option received general support at the meeting. However, it was

acknowledged that this approach would not provide any short-term solution to the

current five year land supply shortfall in the District.

2.25 Subsequently, officers have investigated the potential to incorporate additional

policies within the emerging Core Strategy / Local Plan in relation to the energy

strategy and local produce. Potential policy voids arising from the forthcoming

revocation of the RSS have also been investigated, including the need to produce a

locally derived housing target and a locally derived target for the provision of gypsies

and travellers in the District based upon sufficient robust evidence. These topics were

the subject of further discussion at Planning Policy Panel on 21 April 2011 (copies of

the relevant papers are available in the Members Room).

2.26 Further background will be provided during the planning induction sessions for

Members. In addition, options for the future progression of the Local Development

Framework will be clearly identified for further discussion and endorsement by

Members at the July 2001 meeting of the Council.

3. CORPORATE OBJECTIVES

3.1 The progression of the Local Development Framework supports the implementation

of the corporate objectives, namely:

Protecting our rural heritage;

This document has been placed in the Members’ Room

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Supporting an active local economy;

Increasing the affordable housing supply; and

Promoting civic pride.

3.2 The Local Development Framework will also help to encourage and maintain a

District which takes pride in itself, in accordance with the corporate vision of the

Council.

4. IMPLICATIONS

(i) Impact on Customers - The production of a Core Strategy / Local Plan will

give additional opportunities for the public to contribute to planning for the

future of the District. Additional public consultation and engagement is likely

to be required, and local communities will have the opportunity to play a

greater role in the plan making process through the emerging Localism

agenda, and in time through the production of Neighbourhood Plans.

(ii) Impact on Risk - By responding to the opportunities presented by the

emerging Localism agenda at such an early stage, the Council will reduce the

risk of having to undertake an early review of the Core Strategy once the new

legislation is in place.

However, the production of a revised Core Strategy / Local Plan will take

additional time, and will result in the Council relying on an increasingly out of

date Development Plan for a longer period. It will also delay the ability of the

Council to collect financial contributions from development through the

Community Infrastructure Levy. The emerging Community Infrastructure

Levy Regulations mean that the local use of planning obligations for pooled

contributions towards infrastructure will be significantly restricted beyond

April 2014. Therefore, it is imperative that the Council has adopted a

charging schedule by this date through the Local Development Framework to

ensure that the community can benefit appropriately and adequately from local

development towards infrastructure.

Until the housing land shortfall is addressed, the Council will need to consider

applications for housing development favourably, against the relevant criteria

included within PPS3. This could potentially lead to an influx of planning

applications for housing development in the District.

Should the future locally derived housing target vary from the existing

housing target included within the East of England Plan, there will be

implications for the District’s five year land supply requirement.

The progression of the Core Strategy / Local Plan will enable the Council to

take forward a plan-led approach in relation to the future provision for gypsies

and travellers in the District which accords with the emerging Localism

agenda. However, in the interim period, the Council will remain reliant on the

current development plan policies.

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Agenda Item no. 21 Page 8 / 8

(iii) Impact on Resources (financial) - There would be financial implications

associated with amending and updating the existing draft Core Strategy,

particularly in terms of producing the additional evidence base studies

required to support new and revised policies, and also with updating the

existing evidence base where required to reflect changing circumstances. It

will not be possible to define the actual resource implications (both in terms of

officer time or financial cost) until the next steps and additional policy

requirements have been agreed by Council.

(iv) Impact on the Environment – Amending the existing draft Core Strategy

would enable the Council to produce a plan which further reflects the local

priorities for the District. Additional Sustainability Appraisal would be

required on revisions and additions made to the existing draft Core Strategy in

the future.

The current need to consider applications for housing development favourably

may lead to an increase in housing development proposals in the District

which are not located within existing development boundaries, and are not

planned for within the existing development plan for the District.

5. CONCLUSIONS

5.1 Having regard to the implications of the Localism Bill and the current five year land

supply position, Member-Officer liaison meetings were held on 11 February, 18

March and 27 April 2011 to discuss the way forward for the Local Development

Framework. This paper provides an update on the discussions which have occurred to

date and investigative work which has recently been undertaken by officers.

5.2 Options will be formally presented to Council in July to enable further discussion and

the endorsement of the way ahead for the Local Development Framework.

6. RECOMMENDATION

That the update provided on the Local Development Framework and the five year

land supply position, be noted.

Background Papers:

A Plain English Guide to the Localism Bill (CLG, 2011)

Appeal Decision ref: APP/X1545/A/10/2130246 (Planning Inspectorate, 2 November 2010)

Chief Planning Officer Letter: The Localism Bill (CLG, 15 December 2010)

Maldon District Local Development Framework Core Strategy Regulation 25 Consultation

(MDC, 2009)

Maldon District Replacement Local Plan (MDC, 2005)

Planning Policy Statement 3: Housing (CLG, 2010)

The Localism Bill (CLG, 2010)

Enquiries to:

David Coleman, Local Development Framework Team Leader, (Tel: 01621 876283).

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Transition Funding for Growth and Housing Market

Renewal Areas

A proposal from the Heart of Essex authorities: Chelmsford Borough Council,

Maldon District Council and Brentwood Borough Council

6th April 2011

Introduction, background and context

The Heart of Essex Authorities (Chelmsford, Brentwood and Maldon) have

together delivered 8,800 homes since 2001. Chelmsford was added to the

London, Stansted, Cambridge and Peterborough Growth Area in 2008 and was

successful in accessing Growth Funding (£11 million in conjunction with

Braintree) which is being used to deliver a variety of projects to support housing

and economic growth.

In the changing policy context, the Heart of Essex authorities will work together

and co-operate to continue to deliver sustainable economic and housing growth

across the sub-region. Although, the three authorities are at differing stages in

the preparation of their local development frameworks and have different future

growth aspirations, the authorities are now in the early stages of forming a Heart

of Essex partnership approach to working together that will have the following

broad objectives:

a) identifying a shared vision for the Heart of Essex b) maximising opportunities to co-operate and work together on strategic

delivery issues, particularly housing

c) identifying priorities and engaging with businesses in the sub-region and the Essex-Kent-East Sussex LEP

d) For the purposes of this transition funding opportunity, working together and co-operating on developing the capacity and expertise to address

housing delivery across the sub-region and establishing a future

framework for developing an effective partnership approach for the future

e) Delivering and planning for sustainable housing and economic growth in

the sub-region

APPENDIX 2

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Together the Heart of Essex authorities propose to press ahead and to play their

part in driving forward and supporting the housing, business and other

development needs in the sub-region which will make a major contribution to

future national housing and economic growth targets.

This bid for transition funding will enable the Heart of Essex authorities to build

necessary capacity, co-operate with one another and effectively contribute to the

national priority for growth. The proposal has the full support of the three local

authorities and Essex County Council.

The geography of the Heart of Essex and its housing market/challenge

The Heart of Essex comprises the districts/boroughs of Chelmsford, Maldon and

Brentwood. Although not within a self contained housing market there are

considerable synergies across this central part of Essex.

Future housing delivery within the Heart of Essex will primarily take place within

Chelmsford, where 700 homes are planned to be delivered each year, within an

APPENDIX 2

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urban extension to the north of the town and on a number of key town centre

regeneration sites. More modest growth is planned in Brentwood and Maldon.

Maldon is currently committed to providing sufficient housing to meet the RSS

target of 3,000 new homes between 2001-2026, 120 units per annum. This will be

focused within the strategic housing locations of Maldon, Heybridge, Burnham-

on-Crouch and Southminster.

In Brentwood, in the absence of an agreed locally assessed housing growth

figure, the RSS target, extrapolated to 2031, would be some 170 units per year.

Housing growth in the Heart of Essex, at close to 1,000 homes per year, will

therefore be significant and will make a major contribution to overall provision

within Essex and the east of England. Major provision will be in the following

locations:

Site location Estimated capacity Barriers to delivery Site type

ARU Central

Campus,

Chelmsford

650 Viability, S106

financials,

supporting

infrastructure

requirements

Brownfield and

cleared

Marconi New

Street, Chelmsford

715 In receivership,

viability, S106

financials,

supporting

infrastructure

requirements

Brownfield

Chelmer Waterside,

Chelmsford

1000 Accessibility and

circulation, flood

protection,

alternative uses

Brownfield

St Johns Hospital,

Chelmsford

300 In receivership,

viability

Brownfield and

vacant

North East

Chelmsford

4000 Infrastructure

requirements and

viability

Greenfield

North West

Chelmsford

800 Not significant Greenfield

Runwell Hospital, 550 Not significant Brownfield

APPENDIX 2

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Chelmsford

Highwood and

Little Highwood

Hospitals,

Brentwood

200 Not significant Brownfield

Former Warley

Hospital,

Brentwood

200 Not significant Brownfield

The primary challenge for the sub-region at the present time is the delivery of a 5

year supply of housing, which is realistic, transparent and defensible. Addressing

this issue is consistent with the Minister of State for Decentralisation’s (Mr Greg

Clark MP) statement (23rd March 2011), which sets out the need for local

authorities to take into account the need to maintain a flexible and responsive

supply of land for key sectors, including housing.

It is important therefore that the three authorities work beyond their boundaries

to identify deliverable sites that can be brought forward to facilitate new housing

growth appropriate in scale to the sub-region, but which meets the needs across

all housing tenures.

Transition funding is sought to build the capacity into the three authorities to

enable this to progress and for effective co-operation to take place in the Heart

of Essex.

The overall objectives, purpose of the work and key tasks

The overall objective of this proposal is two fold:

a) to provide the three authorities with the necessary capacity to address housing

delivery across the sub region (see objective 1 below), and

b) to provide necessary support in the context of the new LEP and sub-LEP structure, in particular to engage the private sector in the identification of sub-

regional priorities. The key task in the transition is to create the capacity to

develop an effective partnership for the Heart of Essex (see objective 2 below).

Objective 1:

To test deliverability of the 5 year supply in the Heart of Essex and develop an IT

database that supports a proactive delivery strategy which enables and promotes

local community engagement.

APPENDIX 2

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Key Tasks

- A risk assessment of each site in the 5 year supply that identifies the unique

opportunities and constraints of each site;

- A profile of land ownership in the five year supply together with a profile of

the financial capacity of major landowners in each Borough;

- A viability assessment of sites in the 5 year supply;

- A review of council assets that includes alternative use/disposal options

where appropriate;

- Identification of sites that are best suited for community led development;

- An action plan identifying options and opportunities for bringing sites

forward;

- A strategy to deliver the 5 year supply, including a plan to maximise uptake

and application of the New Homes Bonus;

- Development of an IT database that enables the strategy and actions to be

taken forward and which facilitates community engagement / transparency in this

process.

- On a wider basis, undertaking a review of the local evidence to support the

implementation of appropriate future housing delivery targets across the Heart of

Essex sub-region

Objective 2:

Transition funding will also be used to develop the partnership’s capacity and

create an effective partnership for the sub-region.

Key tasks:

- establish the Heart of Essex partnership

- identify sub regional priorities and a shared vision

- engage the private sector

- create effective integration with the wider LEP

Local authority partnership working and links to the LEP

The Heart of Essex forms a sub-region of the Essex-Kent-East Sussex LEP. The LEP

is founded on the principle of subsidiarity. Within Essex, strategic delivery will be

achieved through the Haven Gateway Partnership, the West Essex Alliance and

the Thames Gateway South Essex Partnership. The Heart of Essex partnership is in

the early stages of its formation and the transition funding will be used to

support its development.

APPENDIX 2

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Brentwood, Maldon and Chelmsford have a good track record of working in

partnership on a variety of issues. This includes economic development activity,

core strategy evidence base development, Strategic Housing Market

Assessments, development management, building control, parking enforcement,

crime and disorder reduction and licensing services. The building blocks are

already in place for the authorities to work together on the strategic delivery of

housing and establishment of an effective partnership.

Linking with localism

As well as formally revoking the Regional Spatial Strategies, the Localism Bill will

introduce a duty to co-operate between local authorities and public bodies. As a

result, the onus will be on local authorities and other public bodies to work

together to form partnerships to plan and deliver strategically across boundaries.

The identification and delivery of sufficient housing units across the sub-region

will be a key area for bodies to work together. This will help to ensure that

available resources are maximised, relevant expertise is shared, and duplication of

effort is minimised.

Reforms being introduced to the planning system will also see local

neighbourhoods taking on greater roles and responsibilities in the future in

relation to housing delivery. Appropriate consultation with local communities will

become more and more vital to ensuring successful delivery of long term

housing delivery strategies. The removal of top down centrally imposed housing

delivery targets will help to ensure that local communities begin to feel less

disenfranchised, and more empowered and engaged in strategic planning and

housing delivery in the future.

The Heart of Essex authorities are committed to the localism agenda and the

transition funding will be a critical resource for the Heart of Essex to develop this

agenda beyond individual local authority boundaries.

Timeframe and resources

The three authorities in the Heart of Essex have already undertaken elements of

this work through their Strategic Housing Land Availability Assessments and

there is no intention to duplicate work already undertaken. What is required now

is for this work to be brought together across the sub-region and for a detailed

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assessment of each site in the sub-regional 5 year supply to be undertaken,

including a viability assessment as outlined above, to formulate a sub-regional

strategy that co-ordinates an action plan of interventions to facilitate growth with

infrastructure provision against locally evidenced housing targets.

It is envisaged that this work would be undertaken through the existing resources

of Brentwood, Maldon and Chelmsford, but these would be supplemented using

the transitional fund to give additional capacity.

Because the Heart of Essex partnership is at a very early stage of formation, its

priorities have not yet been agreed. It is however likely that housing delivery

across the sub-region will be identified as a focus for the partnership, as will

agreeing a vision for the sub-region, engaging with business and maximising

opportunities for strategic co-operation (for example, preparing a shared core

strategy, undertaking a joint review of future housing needs and aspirations or

preparing a joint Integrated Development Programme, Infrastructure

Planning/CIL development, LIP etc).

Level of funding sought, proposed match funding and accountable body

The following funding is sought:

Year 1: £ 100,000

Year 2: £ 75,000

Match funding will be provided through dedicated staff time across the three

authorities. Resources from within the strategic housing, planning and economic

development functions will be provided from each of the 3 authorities, at an

appropriate level to reflect the differing capacities and specialisms of each of the

three authorities. The funding will be used to supplement existing resources to

deliver the objectives identified above.

Chelmsford Borough Council would be the accountable body for the funding, but

spend will be agreed through the Heart of Essex partnership. Essex County

Council will be engaged in this process and a letter of support from them is

appended below.

For further information:

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Stuart Graham/Jeremy Potter – Chelmsford Borough Council 01245

606364/606821

Jennifer Candler/David Coleman – Maldon District Council 01621 876283

Geoff Boyton – Brentwood Borough Council 01277 312609

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Deriving District Housing Numbers Draft Methodology and Opportunities for Joint Working

March 2011

Introduction This document has been prepared following the meeting of Maldon District Council, Chelmsford Borough Council, Epping Forest District Council and Essex County Council on 15 March 2011 to discuss a potential methodology for a future housing target study, and possibilities for joint working. The draft methodology incorporated into the paper is based upon the Broad 3 Stage Methodology for Deriving District Housing Numbers produced by Essex County Council, but has been amended to reflect the discussions at the meeting. The following tables set out where opportunities for joint working may exist between the authorities for each of the stages and requirements identified to date.

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Stage 1: Generating possible housing figures

Key subject driver Existing evidence base sources Potential further evidence base requirements

Source of additional data Possibility of Joint working

Essex County Council - historic development monitoring data from SLA's

Annual Monitoring Reports

Historic Housing Delivery Rates

EERA evidence base

Data may need to be further supplemented by records held at District level (detail to be confirmed)

Individual Districts - housing and planning departments

No

Annual Monitoring Reports Five Year Land Supply (where available)

Strategic Housing Land Availability Assessment (where available)

Existing Housing Supply

Core Strategy / Local Plan strategic allocations

Where data sources are not yet available or published, sufficient information may not yet be publicly available

Individual Districts - housing and planning departments

No

Housing Market Position Strategic Housing Market

Assessment (where available) Where the SHMA is outdated or based upon the RSS targets, supplementary evidence may be required

Individual Districts - housing and planning departments or external commission

No

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Key subject driver Existing evidence base sources Potential further

evidence base requirements

Source of additional data Possibility of Joint working

HCA investment programme

Social housing providers Public bodies Private developers

Housing Renewal & Replacement Programme

Local housing authority

None n/a n/a

Chelmer Model runs for the East of England Plan Review - summer 2009

Demography

ONS projections

tbc - more up to date projections may be required

Cambridge County Council; Experian; Cambridge Econometrics

Yes - potentially through ECC (tbc) or through external commission

Essex Local Economic Assessment None n/a n/a

East of England Forecasting Model tbc - more up to date projections may be required

Up to date forecasts likely to be available Oct 2011 at the earliest. Potential costs unknown

Yes - potentially through ECC (tbc) or through external commission

Employment Growth

Employment Land Reviews Where the ELR is outdated or based upon the RSS targets, supplementary evidence may be required

Individual district - planning department or external commission

No

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Key subject driver Existing evidence base sources Potential further

evidence base requirements

Source of additional data Possibility of Joint working

Infrastructure related evidenced base studies to support the LDF – e.g. Water Cycle Studies, Transport Assessments, Education Assessments etc.

Completion and publication of relevant studies may be required

Individual Districts or external commission

No Infrastructure Capacity

Preparation of the Infrastructure Delivery Plan to support the core strategy / local plan process

Existing data may require updating e.g. infrastructure Schedule and / or IDP to reflect recent changes in infrastructure delivery.

Individual Districts, LSP’s and / or relevant stakeholders

No

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Stage 2 : Testing the Potential Housing Figures

Testing factor Existing evidence base sources Potential further evidence base requirements

Source of additional data Possibility of Joint working

Extant development plan documents None n/a

Political campaigns, aspirations and objectives

Input from members (particularly where no up to date adopted Development Plan exists)

Member / Officer liaison (plus engagement of public??)

Consideration of relevant strategies / plans of adjoining local authorities Need for ongoing dialogue Discussions on cross

boundary issues

Implications of new development incentives (New Home Bonus, CIL receipts, business rates etc.)

Input from members Member / Officer workshops

Sustainable community strategy process

Where the SCS is outdated supplementary evidence may be required

LSP and / or stakeholders

Joint working with local stakeholder groups Input from stakeholders

LSP Parish Councils Essex County Council LEP Local business groups etc.

Vision of Change

Consultation responses from LDF core strategy: issues and options stage

None n/a

Potentially some joint working may be possible to establish a collective strategic cross-boundary vision.

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Testing factor Existing evidence base sources Potential further evidence base requirements

Source of additional data Possibility of Joint working

Consultation responses from LDF core strategy: issues and options stage

None n/a

Infrastructure Capacity Constraints Preparation of the Infrastructure

Delivery Plan to support the core strategy / local plan process

Existing data may require updating e.g. Infrastructure Schedule and / or IDP to reflect recent changes in infrastructure delivery.

ECC and infrastructure providers

Joint discussions and consultation may be possible

Consultation responses from LDF core strategy: issues and options stage

None n/a No

Preparation of the Infrastructure Schedule / Infrastructure Delivery Plan to support the Core Strategy / Local Plan process

Existing data may require updating e.g. Infrastructure Schedule to reflect recent changes in infrastructure delivery.

ECC and infrastructure providers No

SHMA, SHLAA, affordable housing viability studies

The completion and publication of relevant studies

Individual Districts - housing and planning departments

No

Views of delivery agencies and key partners

Further engagement with delivery agencies and key partners, including Essex County Council

Ongoing discussions and consultation

Joint discussions and consultation may be possible

Delivery issues

Economic and retail evidence base The completion and publication of relevant studies

Individual Districts - economic and planning departments

No

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Testing factor Existing evidence base sources Potential further evidence base requirements

Source of additional data Possibility of Joint working

Sustainability appraisal SA /SEA report of existing / emerging Core Strategy

As a minimum a broad SA / SEA screening will be required

Potentially from consultant but there may also be scope to undertake this task in house.

Yes

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Stage 3 : Finalising the Housing Delivery Figure The final housing delivery figure would be derived from a synthesis of all the evidence-based information collected as part of both Stages 1 & 2. The technical justification for a particular housing figure would need to be set out in a Technical Report with the policy view closely and robustly argued throughout and cross-referenced against the information sources. Assuming elected members are happy with the outcome of the technical work, it would be sensible for this Technical Report to be published for public consultation purposes so that the local planning authority can demonstrate that a process of stakeholder involvement and external scrutiny has taken place. This might also help later to reduce the time being spent at a plan examination arguing over different growth levels. Therefore, the main components of Stage 3 would be:

• Production of technical report – to summarise the work undertaken as part of stages 1 and 2 • Identification of preferred option for housing delivery figure, supported by clear and robust justification • Further engagement of local members to review draft report • Further engagement with neighbouring authorities to review draft report • Publication of draft report for public consultation • Finalisation of report

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