Regulation 19 - Proposed Draft Local Plan Submission

it is recommended that the policy is amended to read as follows:

“1. All development should aim to:
a. contribute to creating high-quality multifunctional green and blue infrastructure in accordance with the Open Spaces Strategy 2021 (or subsequent revisions) and Green and Blue Infrastructure Study (2024), including using trees and other planting where appropriate, to provide access to shade and manage surface water run-off as part of a wider resilience to climate change and, where needed, use noise and pollution barriers/absorption measures;
b. create and enhance accessible links for all between new developments and surrounding recreational networks and facilities; and
c. enhance access to publicly accessible open space.
Residential development of 10 or more homes will should aim to meet the requirements set in 1 (a) to 1(c) and local standards where possible below or as set out in up-to-date evidence of open space requirements published by the Council. Developments will be expected to provide an appropriate landscaping and landscape maintenance scheme, ensuring high standards of maintenance. Due consideration will be had to the individual merits of development proposals and the open space types provided onsite

2. Residential development of 10 or more homes should aim to meet the requirements set in 1 (a) to 1(c) and the approximate local standards where possible or as set out in up-to-date evidence of open space requirements published by the Council. Developments will be expected to provide an appropriate landscaping and landscape maintenance scheme, ensuring high standards of maintenance. Due consideration will be had to the individual merits of development proposals and the open space types provided onsite.

Residential development of 10 or more homes should aim to meet the requirements set in 1 (a) to 1(c) and the approximate local standards below”

Column 3 heading in Table should be amended to read 'Approximate Accessibility Standard'.

Please also refer to attachment representations document re: the se at Land off Frolesworth Road, Broughton Astley

Policy DM05: Green and Blue Infrastructure and Open Space

Paragraph 135 of the NPPF informs that planning policies and decisions should ensure that developments optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space).

Whilst IM Land broadly support the principle and requirements of the policy, it is considered that in parts, the wording of the policy is too onerous and does not provide any flexibility. This is also applicable to the open space typologies and it is considered that more flexibility should be built into the accessibility standard. IM Land therefore consider that policy DM05 fails to accord with the tests set out at paragraph 36a of the NPPF and has not been positively prepared. Therefore, in order for the policy to be considered as sound, justified and positively prepared, the amendments below are considered necessary to the wording of the policy.

The wording of the policy and accessibility standards prevent sites been considered on a site by site basis. It is also acknowledged that the Open Space Strategy was prepared back in 2021 prior to the Local Plan Review and for the purposes of the Draft Local Plan is now considered to be out of date. As such, an updated version of the Open Spaces Strategy should have been prepared in support of the evidence base for the Draft Local Plan.

Further to this, whilst the open space standards are helpful and provide guidance on the quantum’s that are considered necessary for development, it is again considered that these standards do not provide any flexibility and fail to have regard to individual schemes. For example, should a development not provide all of the above open space typologies listed in the table, but provide an excess of some typologies, it is considered that due regard should be had to this by the Council and the wider application merits should considered in the balance.
Having regard to the above, it is recommended that the policy is amended to read as follows:

“1. All development should aim to:
a. contribute to creating high-quality multifunctional green and blue infrastructure in accordance with the Open Spaces Strategy 2021 (or subsequent revisions) and Green and Blue Infrastructure Study (2024), including using trees and other planting where appropriate, to provide access to shade and manage surface water run-off as part of a wider resilience to climate change and, where needed, use noise and pollution barriers/absorption measures;
b. create and enhance accessible links for all between new developments and surrounding recreational networks and facilities; and
c. enhance access to publicly accessible open space.
Residential development of 10 or more homes will should aim to meet the requirements set in 1 (a) to 1(c) and local standards where possible below or as set out in up-to-date evidence of open space requirements published by the Council. Developments will be expected to provide an appropriate landscaping and landscape maintenance scheme, ensuring high standards of maintenance. Due consideration will be had to the individual merits of development proposals and the open space types provided onsite

2. Residential development of 10 or more homes should aim to meet the requirements set in 1 (a) to 1(c) and the approximate local standards where possible or as set out in up-to-date evidence of open space requirements published by the Council. Developments will be expected to provide an appropriate landscaping and landscape maintenance scheme, ensuring high standards of maintenance. Due consideration will be had to the individual merits of development proposals and the open space types provided onsite.

Residential development of 10 or more homes should aim to meet the requirements set in 1 (a) to 1(c) and the approximate local standards below”

Column 3 heading in Table should be amended to read 'Approximate Accessibility Standard'.

IM Land therefore do not support the policy as currently drafted but with the minor modifications suggested above would be supportive.

The policy should be amended to read as follows in order to make the policy sound.

1.c) ensuring that additional traffic movements do not cause an unacceptable impact to highway safety or result in the residual cumulative impact, following mitigation, on the road network being severe.

2.c) deliver public transport and Demand Responsive Transport (DRT) enhancements where feasible to mitigate development impacts, including but not limited to bus routes, information and waiting facilities, community based services, and measures to encourage public transport use.

2.d) Delete.

2.e) ensure car parking provision sufficient for the location and type of development, and make provision for Car Club spaces where suitable.

2.f) needs to be more specific in terms of residential amenity.

Subject to the above minor modifications, IM Land would be supportive of this policy.

Please see attached representations document re: the site at Land off Frolesworth Road, Broughton Astley.

Policy DM06: Transport and Accessibility

Paragraph 110 of the NPPF sets out that the planning system should actively manage patterns of growth and significant development should be focused on locations which are or can be made sustainable. Paragraph 116 goes on to advise that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network, following mitigation, would be severe, taking into account all reasonable future scenarios.

In terms of the requirements and the wording set out in policy DM06, IM land do not support the policy as currently proposed. Further clarity is requested and it is considered that amendments to the wording are required to ensure the policy is justified and sound.

It is acknowledged that a Strategic Transport Impact Assessment (January 2025) has been prepared in support of policy DM06 and the Draft Local Plan. The Strategic Transport Assessment has considered the site allocations at a strategic level, though site and cluster level identification of the impacts within Harborough. Potential allocations have then been considered through the development of TA proformas, including a review of access constraints. BA1 is identified as ID: 10554 and is recognised as a sustainable location. The proforma considers that further work is required in respect of vegetation clearance, visibility and works to the existing highways. The proforma also considers that BA1 may have potential constraints in relation to drainage and overhead utilities. However, the proforma does consider that BA1 is suitable in terms of below ground utilities, street lighting, bus stops and public footpaths. As previously raised, the pre-application responses from the LLFA, LCC Highways and National Highways have advised that BA1 does not have technical constraints which cannot be overcome. The above potential constraints / further works requirements will also be reviewed and address as part of a planning application submission for BA1.

Turning to part 1c of the policy, it is considered that the policy should be reworded to ensure consistency with paragraph 116 of the NPPF. This will ensure that the policy is in accordance with the requirements set out in national policy and adopts a consistent and justified approach.

With regards to part 2c of the policy and the need to deliver public transport enhancements, it is considered that the policy fails to have regard to Demand Responsive Transport (DRT) and the increased demand for this service. This is particularly relevant in the Leicestershire area where the ‘Fox Connect Service’ operates locally. Therefore, it is considered that part 2c should incorporate reference to the DRT to also ensure demand for this need is also taken into account.

Looking at part 2d of the policy, it is considered that the wording as proposed is vague and suggests that contributions will be sought from development proposals coming forward to fund other services, which in turn can lead to wider complications. It is therefore considered that part 2d can be incorporated into part 2c of the policy as community based services.

In terms of part 2e of the policy, it is considered that flexibility should be applied to the provision of car clubs. This is on the basis that car clubs are more suitable for larger developments and will not be suitable or applicable to all schemes. Turning to the provision of EV charging points, the requirement for EV charging is an obligation under Building Regulations (Approved Document S) and it is therefore considered unnecessary to include this within the policy. However, if the provision of EV charging points is required to serve as a communal facility, then this should be specified in the policy. If communal EV charging facilities are required, it is worth noting that these are difficult to manage and assign. Therefore, unless a clear strategy is provided which sets out how a communal EV charging point can be secured and maintained, IM Land do not support this.

Finally, looking at part 2f of the policy, it is considered that the requirement for impact on residual amenity is vague and fails to specify exactly what area this relates to. Therefore, IM Land consider that this part of the policy needs to be more specific and specify whether residential amenity relates to noise etc. Policy DM06 as drafted is considered to be unsound and is not justified, as per the tests set out at paragraph 36 of the NPPF. Therefore, the policy should be amended to read as follows in order to make the policy sound.

1.c) ensuring that additional traffic movements do not cause an unacceptable impact to highway safety or result in the residual cumulative impact, following mitigation, on the road network being severe.

2.c) deliver public transport and Demand Responsive Transport (DRT) enhancements where feasible to mitigate development impacts, including but not limited to bus routes, information and waiting facilities, community based services, and measures to encourage public transport use.

2.d) Delete.

2.e) ensure car parking provision sufficient for the location and type of development, and make provision for Car Club spaces where suitable.

Subject to the above minor modifications, IM Land would be supportive of this policy.