Regulation 19 - Proposed Draft Local Plan Submission

We consider that the following amendments would make the policy sound, as per the requirements set out at paragraph 36 of the NPPF:
- Plan for 1,176 dwellings per annum to account for evidenced local housing needs, affordable housing needs, and the unmet needs of Leicester and Leicestershire, rather than the proposed 657 dwellings per year between 2020 to 2036 and 534 dwellings per year between 2036 to 2041.
- Increase the number of site allocations within the Local Plan area including the Site north of Wistow Road, Kibworth, in order to ensure there are sufficient sites to contribute to the evidenced needs for 1,176 dwellings.

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land North of Wistow Road, Kibworth. (see attachment).

1.1 Policy DS01 - Development Strategy: Delivering Homes.

1.1.1 In terms of housing, paragraph 61 of the NPPF informs that to support the Government's objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed. The overall aim should be to meet an area's identified housing need, including with an appropriate mix of housing types for the local community.

1.1.2 Policy DS01 of the Draft Local Plan sets out that the housing requirement for Harborough District consists of 13,182 dwellings between 2020 and 2041. The annual housing requirement for Harborough is then broken down to 657 dwellings per year between 2020 to 2036 and 534 dwellings per year between 2036 to 2041. As previously
referenced, we are aware that Harborough District Council are progressing the Draft Local Plan under the transitional arrangements set out at Annex 1 of the NPPF. It is therefore acknowledged that the Harborough Local Plan will need to meet 80% of their updated Standard Method requirements or accord with the previous figures of the Standard Method should this equate to 80% of the updated Standard Method requirements.

1.1.3 In context to the above, it should be stressed that local housing need is not the same as the housing requirement to be set out in the Local Plan. The Council should therefore consider whether it is appropriate to set a higher housing requirement in line with paragraph 67 of the NPPF. This includes the consideration of unmet housing needs from neighbouring authorities and delivering additional development to meet prevailing affordable housing need.

1.1.4 The Standard Method for Harborough District has now been updated to make provision for 723 dwellings per annum. Previously under the former Standard Method, Harborough District Council were required to deliver 510 dwellings per annum. Regard is also had to the unmet housing needs arising from Leicester City and the requirement for Harborough District Council to provide an additional 123 dwellings per annum between 2020 to 2036 to meet this need.

1.1.5 We note that as part of the previous Regulation 18 consultation for Harborough, three growth options were presented for the scale of housing requirement during the Plan period. These included:
1) Option A (534 homes per year) - Low Scale of Growth
2) Option B (657 homes per year) - Medium Scale of Growth
3) Option C (780 homes per year) - High Scale of Growth

1.1.6 In representations to the Regulation 18 consultation, the point was made that if the Council pursued Option B, then enough land would be provided to accommodate an additional 123 dwellings annually across the period 2020 to 2036 towards the wider housing shortfalls of Leicester City Council. However, as per Planning Practice Guidance (PPG), paragraph ID: 68-001-20241212 states "The Standard Method for calculating local housing need provides a minimum number of homes to be planned for. Authorities should use the Standard Method as the starting point when preparing the housing requirement in their Plan, unless exceptional circumstances justify an alternative approach". With this in mind, Option B (657 dwellings) should therefore be considered as a minimum figure and a starting point for calculating the requirement.

1.1.7 To enable the housing needs for the whole Plan period to be met, it is essential that sufficient headroom is provided within the housing supply. This will ensure that any currently unknown unmet needs of Leicester are met and any issues relating to affordability are addressed. As set out within the Harborough Local Housing and Employment Land Evidence (February 2025), 421 affordable homes are required per annum to address affordable needs. To ensure 421 affordable homes are delivered per annum, reliance on the Standard Method alone would not meet this identified need. As such, if the affordable housing need alone is to be met, this will require 1,053 dwellings per year (based on 40% affordable housing requirement, as set out at Draft Policy HN01 (Housing Need: Affordable Homes)). It is important that sufficient dwellings are provided to address affordability issues within the District.

1.1.8 The table below takes account of the minimum housing need figures under the previous Standard Method requirement (as per Annex 1 of the NPPF for transitional arrangements), in comparison to the actual need figures
which consist of the previous Standard Method, affordable housing needs and unmet needs within Leicester and Leicestershire. When comparing the below figures against the proposed Draft Local Plan figures of 657 dwellingsper year between 2020 to 2036 and 534 dwellings per year between 2036 to 2041, it is apparent that the proposed
figures in the Draft Local Plan are a fraction of the actual need figures which are required within Harborough during
the Plan period. Therefore, the Council's approach to calculating its overall requirement is incorrect, principally due to the conflation between housing need and housing requirement.

Plan Period 2020 - 2041:
Stantec's Option A (Harborough's Local Housing Needs): 510 dwellings per annum
Stantec's Option B (Harborough's local Housing Needs, including Affordable Housing Needs and Unmet Needs from Leicester and Leicestershire): 1,053 + 123 = 1,176 dwellings per annum.

1.1.9 Further to the above, we have reviewed the supporting evidence base in relation to housing and the new Local Plan, including the Harborough Local Housing and Employment Land Evidence (February 2025) and the Local Plan Development Strategy (February 2025). It is apparent when reviewing the Local Plan Development Strategy in particular that the document has not been suitably updated and still continues to make reference to the NPPF (December 2023) and the previous Standard Method figure of 534 dwellings. Whilst the Harborough Local Housing and Employment Land Evidence is based on more up to date information, in accordance with paragraph 36 of the NPPF (December 2024) and for the reasons set out above, it is considered that Draft Policy DS01 is not positively prepared, justified or consistent with national policy.

1.1.10 It is therefore considered that there is a need for Harborough District Council to plan for a higher level of housing growth than the minimum Local Housing Needs as calculated using the Standard Method. This will allow ongoing flexibility to ensure local and unmet housing needs can be met in full during the Plan period. As such, it is considered that the Council should review the housing figures proposed within the Local Plan and the supporting evidence base.

1.1.11 In addition to the above, it is acknowledged that the housing target set out in policy DS01 has been used to inform the site selection process to assess all sites put forward around Kibworth. This has then been used to help
determine that the Site (24/12186) is not an appropriate location for development when compared with other
locations and sites at Kibworth. However, as outlined above, within the context of having an increased housing
requirement, additional sites must be considered. Within Kibworth, the Site was one of nine sites discounted at
Stage 4 of the technical assessment stage. Of these sites, it is the largest by some margin and as such has the
greatest capacity for achieving the aims of the policy as well as the overarching vison and objectives set out above.
During the assessment of the site, set out in the Site Selection Methodology (February 2025) the Council concluded that the Site would form a logical extension to a settlement, is of an appropriate scale in relation to the settlement function and would not compromise any Areas of Separation or impact on a Green Wedge. Furthermore, there are limited technical constraints and those which are present can be mitigated.

1.1.12 On this basis it is considered that the Site should be reconsidered for allocation to ensure the needs of Kibworth

and the wider area are met in both the short and long term and are accommodated on a single sustainable site.

1.1.13 Bloor Homes therefore do not support policy DS01 and consider that the policy as drafted is not currently
positively prepared or effective.

Bloor Homes consider that the policy as drafted is not justified as it does not reflect evidenced based needs. Further allocated sites are required to meet the Council’s housing requirements and as such restricting development within Kibworth to the K1 would not be appropriate. Bloor Homes do not consider the draft list of allocated sites to be justified or based on sound evidence. Bloor Homes therefore wish to see the allocation of the Site in order to increase the housing provision within Kibworth. They also wish to comment further on any reconsideration of the site.

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land North of Wistow Road, Kibworth (see attachment).

1.1 Policy SA01: Site Allocations

1.1.1 Policy SA01 lists the proposed site allocations which will support and enable the delivery of the development
strategy policies listed within the Draft Local Plan. Policy SA01 advises that the Council will seek to enter into a
Planning Performance Agreement with promoters of strategically important sites to ensure a programmed approach to determination and site delivery / implementation.

1.1.2 The Site is not a preferred allocation in the draft Local Plan as it was discounted at Stage 4 of the Assessment. Whilst the Assessment identified no significant constraints, it concluded that development of the Site would not be in keeping with the character and it has minimal connection to the built form of the existing settlement and extend into the open countryside.

1.1.3 Contrary to the above assessment, the proposed development would be adjacent to the existing residential
development to the east and south-east of the Site. To the south the Site would be bounded by Wistow Road. Directly opposite is the Priory Business Park. There is a large expanse of development permitted to the south and west of the business park which will increase the built form in this location. Based on these relationships, and the lack of brownfield sites in Harborough and particularly in Kibworth, it is considered necessary to develop within the
countryside. The Stage 3 Assessment has already concluded that the Site would form a logical extension to the established settlement area of Kibworth.

1.1.4 It is understood that the Strategic Housing and Economic Land Availability Assessment Update (2024) has provided the basis for not including the Site within the list of allocated sites and instead focus residential development at Land west of Warwick Road (Site Ref. K1) with a total of 475 homes proposed. Given the above assessment in regard to housing requirement, it is considered that additional allocated sites are required. The Site represents an ideal development opportunity to increase housing provision in a sustainable location.

• In terms of the tenure split, the provision of 75% affordable / social rented and 25% affordable needs to be expressed with flexibility to allow for change over time.

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land North of Wistow Road, Kibworth (see attachment).

1.1 Policy HN01 - Housing Need: Affordable Housing

1.1.1 Paragraph 66 of the NPPF informs that where major development involving the provision of housing is proposed, planning policies and decisions should expect that the mix of affordable housing required meets identified local needs, across Social Rent, other affordable housing for rent and affordable home ownership tenures.

1.1.2 Policy HN01 sets out that to meet the need for affordable housing (40%) of the total number of homes in residential developments of 10 or more dwellings, provision should be made for this onsite with a tenure split of 75% affordable / social rented and 25% affordable home ownership. The mix of size and type of affordable housing development will be informed by the latest housing needs assessment. New affordable housing should be well designed and integrated with market housing which contributes to the creation of mixed communities.

1.1.3 Based on the Harborough Local Housing and Employment Land Evidence (February 2025), the Local Plan document specifies that Harborough's affordable housing need consists of:

• 310 affordable homes for rent per annum; and
• 111 affordable homes ownership per annum.

1.1.4 The supported Viability Report (January 2025) to the Draft Local Plan informs that new affordable housing should be delivered onsite unless exceptional circumstances can be demonstrated and robustly justified. The Viability Report demonstrates that the majority of draft allocations in the Draft Local Plan are able to support 40% affordable housing provision. The Viability Report also informs that the tenure split for affordable housing will consist of 75% affordable / social rent and 25% affordable home ownership. Where it is robustly demonstrated that the required provision of affordable housing would make a scheme unviable, the requirement for a lower level of provision will be considered. The Viability Report considers that for schemes of 500 dwellings or more, where a non-policy compliant scale of affordable housing is accepted as a result of viability issues, viability will be reassessed at agreed times over the lifetime of a development based on actual costs and values generated by the development.

1.1.5 It is understood that the above figures for affordable home ownership presents the highest possible requirements. When adding the above affordable needs together, it is apparent that a total requirement of 421 homes per annum is needed to meet local affordable need. This figure equates to over half of the updated Standard Method figure of 723 dwellings and close to the previous Standard Method figure of 510 dwellings in which the Draft Local Plan is being assessed under. The figure of 421 affordable dwellings doesn't even consider market need. A such, this demonstrates that there is a clear need to account for a higher number of homes to address local affordable need in District.

1.1.6 Whilst the Council consider that the scale of affordable housing need is significant, they consider that their position is justified in seeking to maximise delivery on sites where possible. The Council go on to acknowledge that the affordable need within the District represents 2/3 of the proposed housing requirement. However, the Council consider that this level of affordable housing provision is unlikely to be deliverable and regard needs to be had to viability considerations and the acknowledgement that public funding is a constraint to affordable housing delivery.

1.1.7 It is evident that that the delivery of housing based purely on local need assessed via the Standard Method (i.e. 510 dwellings per annum) will not deliver sufficient market housing to fully meet the identified affordable need, if planning obligations remain the primary source of delivery. As set out at Section 3.4, if the affordable housing need alone is to be met, this will require 1,176 dwellings per year based on 40% affordable housing requirement.

1.1.8 Taking account of the above, the provision of 40% affordable housing onsite is supported. In terms of the tenure split, the provision of 75% affordable/ social rented and 25% affordable is broadly supported, although this needs to be expressed with flexibility to allow for change over time. If your representation is more than 100 words, please provide a brief summary here:

The provision of 40% affordable housing onsite is supported. In terms of the tenure split, the provision of 75% affordable / social rented and 25% affordable is broadly supported, although this needs to be expressed with flexibility to allow for change over time.

• Bloor Homes wish to emphasise that the densities included within the policy should be viewed as a minimum.

1.1 Policy HN03 – Housing Need: Housing Type and Density

1.1.1 Paragraph 130 of the NPPF sets out that where there is an existing or anticipated shortage of land for meeting identified housing needs, it is especially important that planning policies and decisions avoid homes being built at low densities and ensure that developments make optimal use of the potential of each site. In these circumstances, the use of minimum density standards should also be considered. It may be appropriate to set out a range of densities that reflect the accessibility and potential of different areas, rather than one broad density range.

1.1.2 Policy HN03 advises that the Council will expect the following minimum residential densities unless a lower density is justified based on the character of the area and availability of public transport and other services and facilities:
a) 40 dwellings per hectare within Lutterworth and Market Harborough town centres
b) 30 dwellings per hectare elsewhere

1.1.3 Bloor Homes wish to emphasise that the densities included within the policy should be viewed as a minimum. Bloor Homes reserve the right to comment further on this topic should the Site be reconsidered for allocation.

• Bloor Homes consider that policy HN04 fails to accord with the tests set out at paragraph 36 of the NPPF and is therefore not justified. It is considered that part 2 of the policy should be amended from:
“Specialist housing for older people will be required as an integral part of all residential development of 100 dwellings or more at a rate of at least 10% of all dwellings proposed, providing the site offers a suitable location for the provision of this type of accommodation”

To read as follows to make policy HN04 sound:
"Specialist housing for older people will be required as an integral part of all residential development of 100 dwellings or more at an approximate rate of 5% or more of all dwellings proposed, providing the site offers a suitable location for the provision of this type of accommodation”

• Bloor Homes therefore do not support the policy as currently drafted.

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land North of Wistow Road, Kibworth (see attachment).

1.1 Policy HN04 – Housing Need: Supported and Specialist Housing

1.1.1 Paragraph 63 requires the size, type and tenure of housing needed for different groups in the community to be assessed and reflected in planning policies.

1.1.2 Policy HN04 sets out that specialist housing for older people will be required as an integral part of all residential developments of 100 dwellings or more at a rate of at least 10% of all dwellings proposed, providing the site offers a suitable location for the provision of this type of accommodation.

1.1.3 Whilst the evidence set out in the Harborough Local Housing and Employment Land Evidence (February 2025) indicates that in the future household sizes are projected to drop whilst the population of older people will increase, based on the evidence presented, it is unclear as to where the need for ‘at least 10%’ of all dwellings on sites of 100 dwellings or more as specialist housing has been presented. The Harborough Local Housing and Employment Land Evidence also confirms that there is no standard methodology for assessing the housing and care needs of older people. The policy also fails to clarify as to what types of development ‘specialist housing’ relates to. Therefore, the provision of 10% has not been positively prepared and is unjustified.

1.1.4 In regard to the above and to ensure that more flexibility is built into the policy, it is considered that a reduced percentage rate should be included within the policy to ensure that all developments of 100 dwellings or more can suitably accommodate a portion of specialist housing onsite. It is considered that a 5% contribution towards specialist housing is a more reasonable quantum that will be better accommodated by development sites. Whilst we acknowledge that the evidence prepared fails to justify the need for 10% specialist housing onsite and also doesn’t make reference to the need for 5% specialist housing, Bloor Homes consider that a quantum of 5% is more reasonable and will be better accommodated within development sites. A quantum of 5% is also considered suitable given the evidence confirms that there is no standard methodology for assessing the housing care needs of older people.

1.1.5 Taking the above into account, Bloor Homes consider that policy HN04 fails to accord with the tests set out at paragraph 36 of the NPPF and is therefore not justified. It is considered that part 2 of the policy should read as follows to make policy HN04 sound:
“Specialist housing for older people will be required as an integral part of all residential development of 100 dwellings or more at an approximate rate of 5% or more of all dwellings proposed, providing the site offers a suitable location for the provision of this type of accommodation”

1.1.6 Bloor Homes therefore do not support the policy as currently drafted.

Parts 1, 3 and 6 of the policy should be amended to read as follows:

To contribute to meeting demand for self and custom build plots, all non-specialist development of 40 dwellings (gross) or more must provide approximately 5% of the total number of dwellings as self or custom build plots.

A lower level of provision will only be permitted where there is clear evidence of lower demand. If plots on developments of 40 dwellings or more remain unsold, these plots may be built out as conventional market housing subject to detailed permission being secured which must be supported by evidence that a thorough marketing exercise has been undertaken over a period of at least 12 months commencing from the date at which the serviced self or custom build plot was available.

Delete Part 6 of policy.

1.1 Policy HN05 – Housing Need: Self and Custom Build Housing

1.1.1 Under Section 1 of the Self Build and Custom Housebuilding Act 2015, Local Planning Authorities are required to keep a register of those seeking self-build and custom house building plots. Section 2 of the Act requires Local Planning Authorities to provide sufficient suitable permissions to meet the identified need on the register.

1.1.2 The NPPF informs at paragraph 73(b) that Local Planning Authorities should seek opportunities for small – medium scale sites to be delivered for self and custom housebuilding.

1.1.3 Policy HN05 sets out that in order to contribute to meeting demand for self and custom build plots, all non-specialise development of 40 dwellings (gross) or more must provide at least 10% of the total number of dwellings as self or custom build plots. Policy HN05 goes on to inform that a lower level of provision will only be permitted where there is clear evidence of lower demand. If plots on developments of 40 dwellings or more remain unsold for 18 months, then these plots may be built out as market housing.

1.1.4 The Harborough District Council Self and Custom Build Register suggests that there is a demand for 298 plots (as at 30 October 2024). Further to this, the Council have typically seen an average of 36 registrations a year for self and custom build plots. The Harborough Local Housing and Employment Land Evidence (February 2025) considers that there is a need for self and custom build units across the District. The Housing and Employment Land Evidence goes on to inform that despite a relatively permissive policy for self and custom build plots in the adopted Local Plan, the volumes of permissions have not matched registrations. As such, the Council have sought to tighten the policy framework under the Draft Local Plan, hence the 10% requirement for sites of 40 dwellings or more.

1.1.5 Whilst Policy HN05 includes a cascade mechanism should there be no interest in self and custom build plots on sites, the requirement for ‘at least 10%’ self and custom build plots as currently drafted is not supported. The requirement for 10% is considered excessive, even when considering the volume of permissions and registrations. Given the rate of demand detailed above, as well as other sites within the District and the draft allocations listed in the Draft Local Plan, the availability of plots would significantly exceed demand. As such, this would result in plots sitting vacant for extended periods of time which can lead to a range of issues such as security and fly tipping. This risk is obviously a shared concern of the Council’s, hence why a cascade mechanism is suggested within the draft policy.

1.1.6 With regards to the cascade mechanism, whilst it is positive to see that the Council have included this to support the provision of any unbuilt plots being built out as market housing, in reality this mechanism is not supported due to the build out implications and phased approach of the development. This could have significant implications for new residents onsite who would then have to endure construction works and traffic, whilst the proposed self and custom build plots are built out for market dwellings. As such, this approach is not practicable or suitable. Further to this, it is also considered that the requirement for properties to remain unsold for a period of 18 months is excessive and a period of 12 months is more suitable.

1.1.7 We note that part 6 of the policy also requires detailed applications for self and custom build homes to have a plot passport and design code. It is considered that the need for a specific design code for these plots is excessive and will potentially delay self and custom houses coming forward for development. The policy also fails to specify who would be responsible for preparing the design code and what the process for this would entail. Therefore, this requirement should be removed.

1.1.8 In light of the above, Bloor Homes consider that policy HN05 fails to accord with the tests set out at paragraph 36 of the NPPF and is therefore not justified. The following recommendations are made to amend the wording of draft policy HN05 in order for it to be considered sound (change part 1 from 'at least 10%' to "approximately 5%", change part 3 from "18 months" to "12 months" and delete final part of policy) so that the policy reads as follows:

“1. To contribute to meeting demand for self and custom build plots, all non-specialist development of 40 dwellings (gross) or more must provide approximately 5% of the total number of dwellings as self or custom build plots".

"3. A lower level of provision will only be permitted where there is clear evidence of lower demand. If plots on developments of 40 dwellings or more remain unsold, these plots may be built out as conventional market housing subject to detailed permission being secured which must be supported by evidence that a thorough marketing exercise has been undertaken over a period of
at least 12 months commencing from the date at which the serviced self or custom build plot was available".

Delete following part of policy:
"6. Detailed applications for self and custom build homes on plots with a plot passport and design code will be supported where they adhere to the approved parameters of the plot passport and clearly demonstrate how specifications have been satisfied. Variations to plot passport specification must demonstrate that they are suitable for the plot if they are to be supported.”

1.1.9 Bloor Homes therefore do not support the policy as currently drafted.

1.1 Policy AP01: Development in Settlements

1.1.1 Paragraph 124 of the NPPF advises that planning policies and decisions should promote an effective us of land meeting the need for homes. Paragraph 126 adds that Local Planning Authorities should take a proactive role in identifying and helping to bring forward land that may be suitable for meeting development need.

1.1.2 Policy AP01 identifies Kibworth as a large village in the settlement hierarchy for Harborough District. This is after the market towns of Lutterworth and Market Harborough. Bloor Homes are pleased to see the Council’s recognition of Kibworth as a sustainable location for growth within the District.

1.1.3 Bloor Homes have no further comments to raise in respect of policy AP01 and support the identification of Kibworth as a sustainable settlement capable of growth.

The draft policy should be amended to read as follows:

“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 should aim to meet the requirements set in 1 (a) to 1(c) and 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”

Insert 'Approximate' before Accessibility Standards in column 3 heading of Table in part 2 of policy.

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land North of Wistow Road, Kibworth (see attachment).

1.1 Policy DM05: Green and Blue Infrastructure and Open Space

1.1.1 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).

1.1.2 Policy DM05 informs that all development must:
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.

1.1.3 Policy DM05 then goes on to advise that all residential developments of 10 or more dwellings must meet the requirements set out at 1a, 1b and 1c and meet the local standards set out in the Policy.

1.1.4 The policy then considers that if onsite provision is not feasible by virtue of location, management limitations, or the open space will not be of a sustainable size, a payment equivalent to the offsite provision will be required.

1.1.5 Whilst Bloor Homes 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. Bloor Homes 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.

1.1.6 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.

1.1.7 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.

1.1.8 Having regard to the above, the draft policy should read as follows:

“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 should aim to meet the requirements set in 1 (a) to 1(c) and 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”

Insert 'Approximate' before Accessibility Standards in column 3 heading of Table in part 2 of policy.

1.1.9 Bloor Homes therefore do not support the policy as currently drafted.

In order to make Policy DM06 sound the policy should read as follows:

1.
a) ensuring the safe, connected and convenient movement across the transport network, including bus passengers, cyclists, pedestrians and horse riders
b) providing safe access, servicing and parking arrangements as defined in this policy and having regard to Highway Authority guidance and standards
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.
a) incorporate measures to facilitate and encourage safe access by cycle and on foot along with protection of, connection to and extension, where practicable, of existing pedestrian, cycle and equestrian routes
b) provide accessible cycle parking
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
d) DELETE
e) ensure car parking provision sufficient for the location and type of development, and make provision for Car Club spaces where suitable
f) mitigation for any adverse impact on residential amenity and air quality, especially in Air Quality Management Areas

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land North of Wistow Road, Kibworth (see attachment).

1.1 Policy DM06: Transport and Accessibility

1.1.1 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.

1.1.2 Policy DM06 informs that development will be permitted subject to:
1.
a) ensuring the safe, connected and convenient movement across the transport network, including bus passengers, cyclists, pedestrians and horse riders
b) providing safe access, servicing and parking arrangements as defined in this policy and having regard to Highway Authority guidance and standards
c) ensuring that additional traffic movements are not detrimental to highway safety or result in the residual cumulative impact on the road network being severe
1.1.3 Policy DM06 goes on to advise that all major development is required to submit a Transport Assessment which considers the impact of the development and identifies suitable mitigation. All major development must also:
2.
a) incorporate measures to facilitate and encourage safe access by cycle and on foot along with protection of, connection to and extension, where practicable, of existing pedestrian, cycle and equestrian routes
b) provide accessible cycle parking
c) deliver public transport enhancements where feasible to mitigate development impacts, including but not limited to bus routes, information and waiting facilities and measures to encourage public transport use
d) where appropriate, contribute to provision for the transport needs of specific groups in the community, such as the elderly and those with disabilities
e) ensure car parking provision sufficient for the location and type of development, and make provision for Car Club spaces and EV charging points
f) mitigation for any adverse impact on residential amenity and air quality, especially in Air Quality Management Areas

1.1.4 In terms of the requirements and the wording set out in policy DM06, Bloor Homes 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.

1.1.5 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.

1.1.6 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.

1.1.7 Looking at part 2d of the policy, it is considered that the wording as proposed is very 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.

1.1.8 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, Bloor Homes do not support this.

1.1.9 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, Bloor Homes 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, in order to make the policy sound the policy should read as follows:

1.
a) ensuring the safe, connected and convenient movement across the transport network, including bus passengers, cyclists, pedestrians and horse riders
b) providing safe access, servicing and parking arrangements as defined in this policy and having regard to Highway Authority guidance and standards
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.
a) incorporate measures to facilitate and encourage safe access by cycle and on foot along with protection of, connection to and extension, where practicable, of existing pedestrian, cycle and equestrian routes
b) provide accessible cycle parking
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
d) DELETE
e) ensure car parking provision sufficient for the location and type of development, and make provision for Car Club spaces where suitable
f) mitigation for any adverse impact on residential amenity and air quality, especially in Air Quality Management Areas

Please also refer to representations prepared by Stantec on behalf of Bloor Homes regarding the Site at Land
North of Wistow Road, Kibworth (see attached).

1.1 Policy DM07: Managing Flood Risk

1.1.1 Paragraph 170 of the NPPF informs that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk. Paragraph 171 goes on to advise that strategic policies should be informed by a strategic flood risk assessment and should manage flood risk from all sources. Paragraph 173 then sets out that all Plans should apply a sequential, risk based approach to the location of development, taking into account all sources of flood risk and the current and future impacts of climate change.

1.1.2 Policy DM07 states “wherever possible, development should take place within Flood Zone 1. The Sequential Test and, where necessary, the Exceptions Test should be used to assess the suitability of proposed development”.

1.1.3 In relation to the Site and its location within Flood Zone 1, policy DM07 requires a site specific Flood Risk Assessment to cover the following:
a) Major development
b) Land with critical drainage problems
c) Land at increased flood risk in the future
d) Where a more vulnerable use is proposed on land which may be subject to sources of flooding other than rivers
e) Catchments that have experienced sewer flooding

1.1.4 Bloor Homes note the need for a Sequential Test where necessary and have no further comments to raise at this moment in time.