Regulation 19 - Proposed Draft Local Plan Submission

Re-allocation of Scraptoft North SDA.

As set out in response to the proposed vision and objective of the emerging plan, and policies DS01, DS02 and DS03, it is considered that the emerging plan should continue to allocate the Scraptoft North SDA.
As currently drafted, the Local Plan is at risk of not meeting the housing needs of the district, should the delivery of the any of the site allocations be delayed. It would be appropriate to allocate additional sites, within the most sustainable locations, to ensure that the district’s housing needs are met and delivered in the most appropriate manner.
Scraptoft North SDA has already been assessed throughout the Council’s own evidence base, which led to the conclusion that it was a sustainable site to meet the district’s development requirements. The site remains available, suitable and sustainable for development and is the subject of an ongoing planning application, demonstrating delivery of the site to meet housing needs and provide for community uses, supported by a substantial evidence base.

The plan period should be extended to 2043, for the reasons set out above.

The Local Development Scheme (2025) proposes for the Local Plan to be submitted for examination in September/ October 2025, with adoption anticipated for October – December 2026. It is understood that the Council is committed to these timescales in light of the transitional arrangements that are set out in Annex 1 of the 2024 NPPF.
As set out in our representations to the Regulation 18 consultation, on the basis of the plan being adopted by December 2026, and the end of the plan period being 2041 (which we assume to be until 31 March 2041) then we calculate that the plan would only cover a period of 14 ‘full’ years.
As a consequence, a 15-year plan period would not be achieved, contrary to the requirements of Paragraph 22 of the NPPF (2023). It is therefore recommended that the plan-period is extended until at least 2042, with a related increase in the level of development being planned over the revised plan period.
This notwithstanding, to provide greater flexibility (for example to allow for delays to the plan-making process), we propose that an additional year should be added to the Plan-period, to take it to 2043. This would increase the housing requirement by circa 1,256 dwellings (based on the current housing requirement set out in Policy DS01 Development Strategy: Delivering Homes).
As a consequence, the draft Local Plan is currently unsound as it is inconsistent with national policy (which requires the Plan to provide for a minimum 15 year period) and, by implication, does not provide for the necessary levels of growth.
As set out above, extending the plan period will result in a proportionate increase in housing requirement which we consider could be met in part by the continued allocation of the Scraptoft North SDA, currently subject of a planning application for up to 1,200 dwellings. The inclusion of the Scraptoft North SDA would likely require minimal update to the emerging plan evidence base, given it forms part of the adopted Local Plan and has as such previously been through examination and considered sound.

As above.

Our client is broadly supportive of the proposed Local Plan Vision which seeks to offer a range of housing options, mainly focussed in the areas near to the City of Leicester, as well as the Borough of Oadby and Wigston, and around the market towns.
It is positive that the Vision acknowledges the importance of sustainable and accessible locations for new communities, which will enhance access to services and employment opportunities and that the “development of new homes” is explicitly referenced.
This notwithstanding, the second paragraph of the Vision, which states that “Developments will offer a range of housing options, including affordable housing”, should be revised to also reference market, accessible and specialist housing. This will ensure the vision makes clear that a range of current and future housing needs will be met through development, over the plan period. This would be in accordance with Paragraph 60 of the NPPF (2023) which sets out the Government's objective of significantly boosting the supply of homes, meeting the needs of different groups within the local community.
The vision makes reference to the creation of jobs, support for the local economy and new strategic scale employment growth. This is supported in principle. However, the vision should reflect the importance of ensuring housing growth can keep pace with the commitment to meeting employment and economic growth needs. As such, the vision should make explicit reference to housing development complementing and supporting economic growth to ensure there is a locally available workforce to sustain and support the local economy and to accord with the wider plan vision.
In addition to referencing housing development to meet the needs of the district, the vision should also make specific reference to contributing to meeting the unmet needs of Leicester City. This would signal a clear commitment in the plan at the outset, aligning with the Statement of Common Ground and according with the Duty to Cooperate.
With reference to our client’s land interests at Scraptoft North, there has been no justification for the de-allocation of the site from the emerging Local Plan and the Council are urged to continue to allocate the land in the emerging plan to contribute towards meeting the district’s development requirements, as well as contributing to Leicester’s unmet housing needs. The site presents a sustainable location for growth, near to Leicester City and other proposed site allocations. It also represents an opportunity to provide new local services, community uses, green infrastructure and recreational facilities, alongside sustainable travel, as demonstrated by the live planning application, which accords with the principles set out in the Vision.
Plan Period
The Local Development Scheme (2025) proposes for the Local Plan to be submitted for examination in September/ October 2025, with adoption anticipated for October – December 2026. It is understood that the Council is committed to these timescales in light of the transitional arrangements that are set out in Annex 1 of the 2024 NPPF.
As set out in our representations to the Regulation 18 consultation, on the basis of the plan being adopted by December 2026, and the end of the plan period being 2041 (which we assume to be until 31 March 2041) then we calculate that the plan would only cover a period of 14 ‘full’ years.
As a consequence, a 15-year plan period would not be achieved, contrary to the requirements of Paragraph 22 of the NPPF (2023). It is therefore recommended that the plan-period is extended until at least 2042, with a related increase in the level of development being planned over the revised plan period.
This notwithstanding, to provide greater flexibility (for example to allow for delays to the plan-making process), we propose that an additional year should be added to the Plan-period, to take it to 2043. This would increase the housing requirement by circa 1,256 dwellings (based on the current housing requirement set out in Policy DS01 Development Strategy: Delivering Homes).
As a consequence, the draft Local Plan is currently unsound as it is inconsistent with national policy (which requires the Plan to provide for a minimum 15 year period) and, by implication, does not provide for the necessary levels of growth.
As set out above, extending the plan period will result in a proportionate increase in housing requirement which we consider could be met in part by the continued allocation of the Scraptoft North SDA, currently subject of a planning application for up to 1,200 dwellings. The inclusion of the Scraptoft North SDA would likely require minimal update to the emerging plan evidence base, given it forms part of the adopted Local Plan and has as such previously been through examination and considered sound.

Re-allocation of Scraptoft North SDA.

Paragraph 2.8 of the Local Plan acknowledges that while new homes have helped meet the district’s local housing needs in the last few years, affordability is still challenging for many. To ensure that needs can be met and specifically, that affordable housing can be provided, the Local Plan should seek to plan positively for housing growth, which will also help to support local services, and contribute towards improving existing services and facilities across the district. The omission of the Scraptoft North SDA from the emerging plan directly conflicts with this approach and the Council should reconsider its exclusion on the basis that it would provide a substantial number of homes and a mixture of community uses, in a sustainable location.

Increase the housing requirements; revise the proposed strategy for meeting the housing requirement and re-allocate land at Scraptoft North SDA.

The housing requirement figure of 13,182 (covering the period 2020 – 2041) has been derived from requiring 657 homes per year between 2020 and 2036 (comprising 534 homes per year for Harborough and an additional 123 homes per year to meet the unmet need from Leicester – in line with the Statement of Common Ground agreed in 2022) and 534 homes per year between 2036 and 2041 to meet its own needs. This approach does not deal with any assumed unmet need from Leicester City during the final years of the plan period (which there will certainly be, and Harborough District will be the most suitable and sustainable location to accommodate this unmet need). This does not accord with the Council’s own objective of ‘delivering the housing needed’ or ‘significantly boosting the supply of homes’ as per the Framework. Moreover, the housing requirement should be increased further by extending the plan period by two years (see our comments above). Should the Council accept our suggestion that the plan period should be extended, there would be a requirement for a further Regulation 19 consultation, and as such, the Council would no longer benefit from the transitional arrangements set out at Annex 1 of the NPPF (2024). On this basis, the emerging Local Plan would need to positively plan for a Local Housing Need (LHN) of 723 dwellings per annum, as a minimum. Based on an extended plan period (2020-2043), to meet the needs of Harborough only, the plan requirement would increase to 16,629 dwellings over the plan period. Assuming that the contributions to the unmet needs of Leicester remains unchanged (i.e. 123 dwellings per annum for the first 16 years of the plan period), an additional 1,968 dwellings would be required, bringing the total housing requirement over the extended plan period to 18,597 dwellings to meet these needs.
This notwithstanding, should the plan period not be extended, the updated LHN figure would result in a requirement for 15,183 dwellings over the proposed plan period (2020-2041). Factoring in the contributions to the unmet needs of Leicester City, this would increase to 17,151 dwellings over the plan period, resulting in a shortfall of 3,969 dwellings.
In the instance that the Council proceed with the submission of the Publication Plan as drafted, it will be at the discretion of the examining Inspector to consider whether the gap between the local housing need and the housing requirement that the emerging plan is providing for, is deemed so substantial that the plan could not be considered sound. When considering the increase in local housing need, it is our view that this would leave a significant shortfall in housing provision being planned for in the emerging Local Plan, and given the length of the plan period, this would effectively leave Harborough woefully short of housing supply. This in turn will have a negative impact on the housing land supply position over the course of the plan period, noting that there currently is an acknowledged lack of five-year supply. As such, this is not considered to be a positive or sound approach to plan making.
Part 2 of the draft policy explains that the New Local Plan only needs to allocate land for a minimum of 6,422 new homes as the remainder of the housing requirement will be delivered by existing housing commitments and completions (along with windfall sites). This notwithstanding, should there be a delay to the delivery of any of these sites, this would impact the ability of the plan to meet needs. Noting that the trajectory provides for a higher figure than the housing requirement, we would suggest that the housing requirement is increased as a minimum. We reserve the right to comment on any updated evidence in due course in this regard.
Of the 6,422 new homes that are allocated within the Local Plan, only 1,125 of these homes are to be delivered in Scraptoft. Given the overarching vision, objectives and strategy for growth set out in the plan, the limited amount of growth directed to Scraptoft, a key settlement within the Leicester Urban Area and in the Tier 1 of the settlement hierarchy, is considered to be disproportionately low.
Furthermore, the amount of growth directed towards the large, medium and small villages, amounting to 3,972 dwellings, 1,522 dwellings more than the growth identified for the Leicester Urban Area, is considered to be disproportionately high. This approach to the development strategy and delivery of homes therefore does not accord with the vision set out in the emerging plan.
By allocating the greatest proportion of development overall to villages in the district it is considered unlikely that the plan will be capable of delivering the supporting infrastructure necessary to facilitate growth, in accordance with the plan objectives, or ensure that housing development complements employment/economic growth by locating housing delivery near to employment opportunities.
To ensure the plan objectives are met and alignment with the plan vision, the strategy should be revised to allocate a greater proportion of housing growth in the Leicester Urban Area. The Scraptoft North SDA remains available and suitable for development for up to 1,200 homes, as demonstrated by the current planning application. As such, the continued allocation of the site through the emerging Plan would help to redress the focus for growth set out in the plan and ensure that needs are being met in a sustainable and accessible location.
In addition, the policy should make clear what contribution is being made towards the unmet needs of Leicester City and where these needs are to be met within the district. It is noted that paragraph 4.6 sets out that the years 2020 – 2036 in the plan period includes a contribution of 123 dwellings towards unmet needs, however, this only covers part of the plan period. Should there be a delay in delivery towards meeting Leicester City’s needs from across the HMA or should other authorities experience delays with their plans/agreement to any updates to the Statement of Common Ground, Harborough district is among those authorities with the best public transport connections to Leicester City, with key settlements, including Scraptoft immediately adjoining the Leicester Urban Area, and is well positioned to meet the needs of Leicester City close to where that need arises.
Harborough is therefore considered to be the most suitable and sustainable location to provide for additional contributions to the unmet needs of Leicester and therefore to meet a higher growth requirement. As such, the contribution included in emerging policy DS01 is considered to be disproportionately low and does not provide sufficient flexibility to meet the needs of the district or contribute to the unmet needs of Leicester City.
This approach is in accordance with Paragraph 60 of the NPPF (2023) which supports the Government’s objective to significantly boost the supply of homes, providing a sufficient amount and variety of land to be come forward where it is needed.
Based on past trends, the Local Plan expects an additional 450 homes to be delivered on windfall sites by 2041. However, notwithstanding the comments made in respect of the plan period, given there are available sites across the district (such as the Scraptoft North SDA), in sustainable locations, that would adhere with the development objectives for the district, this windfall allowance would be better accommodated by identifying larger site allocations, within the Leicester Urban Area to align with the overarching development strategy, such as the Scraptoft North SDA.
The delivery of a larger site, rather than piecemeal windfall sites across the district, would increase the opportunities for infrastructure improvements, supporting the delivery of the final Development Objective for the Local Plan, ‘Enabling Supporting Infrastructure’ (Paragraph 3.1), ultimately improving the socio-economic and environmental context of the district, which is less likely to be achieved through the delivery of multiple smaller windfall sites. In addition, this would contribute to achieving the aim of supporting economic growth and creating employment opportunities.

As above.

Policy DS02 sets out an employment land requirement of 60 hectares, between 2020 and 2041. Of this requirement, the largest single employment allocation will be located within the Leicester Urban Area, at the land south of Gartree Road Strategic Development Area, in close proximity to Scraptoft.
Paragraph 8 of the NPPF (2023) sets out how achieving sustainable development means that the planning system has three overarching objectives; economic, social and environmental; which are interdependent and need to be pursued in mutually supportive ways.
As set out in response to Policy DS01, the greatest proportion of housing growth proposed by the emerging plan is currently directed to the large, medium and small villages in the district. However, as set out previously, the emerging plan should ensure that economic and employment growth is supported and complemented by housing development. Since the most significant employment allocation contained within the Plan will be located in close proximity to Scraptoft, the strategy for housing growth (as at Policy DS01) should direct the greatest proportion of housing growth towards the Leicester Urban Area. This would be the most sustainable approach to development and meet the objectives of the plan to reduce carbon emissions and support economic growth.
It is therefore evident that allocating additional housing in the Leicester Urban Area, such as the continued allocation of the Scraptoft North SDA, would accord with emerging Policy DS02, guiding development to a sustainable location and aligning with the economic and employment growth opportunities of the area.

As above.

As demonstrated by the submitted planning application, the Scraptoft North SDA would be capable of achieving the key priorities set out in the emerging Policy, specifically, the delivery of the site would:
• Prioritise sustainable active travel modes such as walking, cycling, and/or public transport through the integration of a network of pedestrian and cycle routes and opportunities for bus routes to be extended through the site, aligned with new bus stop infrastructure.
• Contribute to the creation, improved connectivity and enhancement of multifunctional green and blue infrastructure, that improves flood resilience and carbon sequestration, with the introduction of Sustainable Drainage Features, habitat enhancement, landscaping and creation of open space on site.
• Contribute to the delivery of the national Nature Recovery Network and Leicestershire, Leicester and Rutland Nature Recovery Strategy (LLRNRS) through the delivery of Biodiversity Net Gain. Furthermore, as in accordance with the LLRNRS, the site presents opportunities to create species rich habitats, conserve habitats and provide recreational opportunities and mitigate climate effects in the urban area, within the ‘Green Wedges, Area of Separation’ and the ‘Grassland and Associated ACB’ which covers the northwestern most part of the existing golf course.
• Existing green and blue infrastructure networks will be enhanced and retained where possible, including hedgerows and semi-natural habitats; this is demonstrated through the plans that have been submitted which include for ‘The Common’ which will include a range of landscape features and planting, and create high quality public open space.
The above notwithstanding, Point 1.e of the emerging Policy states that development will be permitted where it: ‘supports watercourse restoration projects to create wetland habitats and enhance water resilience’. Similarly, part 3 of the emerging policy refers to the retention and ‘where possible’, enhancement of existing Green and Blue infrastructure. The caveat in the policy wording is welcomed, and should also be included at point 1e.
In addition, the policy should explicitly refer to site specific considerations, including constraints such as flood risk, and scheme viability.

As above. We also note that it is also considered irrelevant to include a specific list of infrastructure within this Policy, as site specific infrastructure requirements should be set out within each Site Allocation Policy, and any other contributions will be set out and requested at the time of a planning application, through consultation with statutory consultees and service providers. This will ensure that future provision responds to the most up to date needs and associated evidence of each area.

In light of these representations, it is advised that the Scraptoft North SDA is included in the emerging plan as a retained allocation and should the district agree, Policy DS05 will need to make reference to this as a strategic development area, contributing towards providing new infrastructure.
Furthermore, Point 5 of this Policy states that ‘A variation to the requirements set out in Policy within the Plan will only be accepted by the Council in exceptional circumstances’ [our emphasis in bold]. However, the Policy provides no further information in relation to what would comprise exceptional circumstances. It is therefore recommended that this part of the Policy is revised to state ‘Variation to the requirements set out in Policy within the Plan will only be accepted by the Council where site specific evidence is provided by the applicant’. The Policy also states that a site-specific viability assessment ‘may be accepted’, and we recommend that this is replaced with ‘will be required’.
It is also considered irrelevant to include a specific list of infrastructure within this Policy, as site specific infrastructure requirements should be set out within each Site Allocation Policy, and any other contributions will be set out and requested at the time of a planning application, through consultation with statutory consultees and service providers. This will ensure that future provision responds to the most up to date needs and associated evidence of each area.

As above.

The first development objective set out at Paragraph 3.1 ‘Delivering Homes’ is welcomed, acknowledging the requirement to ‘deliver the housing needed’ to provide housing that addresses the specific needs of different communities and age groups.
This notwithstanding, the objective should further be developed to make specific reference to ‘growth’, to ensure it doesn’t solely focus on meeting housing needs. Additional growth would help to attract people into the district, which in turn supports the second objective relating to employment growth. This suggested amendment would align with Paragraph 11 of the NPPF (2023), which recognises the importance of aligning growth with meeting the development needs of an area.
Objective 1 should also be updated to reference the provision of market housing, alongside the provision of affordable, accessible and specialist housing, as per our comments in relation to the vision for the plan.
The Scraptoft North SDA presents a prime opportunity to deliver the housing needs and growth of the district, in a sustainable location, with accessible transport links to employment areas, aligning with the emerging objectives of the plan. The evidence base that has been prepared in support of the planning application demonstrates how development of the site can enhance the natural environment, retain and celebrate the heritage of the area, and how it will enable supporting infrastructure. It is therefore evident that the allocation of this site would align with the Local Plan Objectives set out at Paragraph 3.1 and should therefore be retained in the emerging Local Plan.

As above.

Whilst it is acknowledged that the adopted Local Plan also requires housing sites of 10 dwellings or more to provide 40% affordable housing, this is considered to be very high and we urge the Council to review this within the emerging Local Plan.
The Main Viability Report (January 2025) within the Council’s evidence base recommends a ‘blanket rate of 40% affordable housing across the District’. However, we would recommend that a site-by-site assessment is undertaken for larger sites to determine if 40% is viable. If it is found that larger sites cannot viably provide for 40% affordable housing provision, we recommend that additional sites are allocated over and above the District’s local housing need numbers to ensure that affordable housing requirements are met over the plan period.
The Policy should also be revised in relation to the proposed tenure split of the affordable housing, to remove Point B of the Policy which states ‘b) The tenure split for the affordable housing will be as follows: (1) About 75% affordable or socially rented; and (2) About 25% affordable home ownership’; given that Point C states ‘the mix of size and type of new affordable housing development will be informed by the latest housing needs assessment’, which is considered much more appropriate to ensure that sites will be considered on an individual basis. This would ensure the policy is clear for applicants and decision makers.
With the proposed growth strategy focussing the greatest amount of growth overall to large, medium and small villages, there is a risk that the smaller sites would not be able to meet the affordable housing requirements set out in emerging Policy HN01. This further enhances the case made earlier in these representations, which states that the growth strategy should focus more development on larger strategic sites that are more likely to be capable of providing the required affordable housing and infrastructure to meet the district’s needs.