Regulation 19 - Proposed Draft Local Plan Submission

Bloor Homes do not support policy DM08 as currently proposed and request that the policy is reviewed, with elements on rainwater storage and 20% runoff rates being specified further. It is considered that policy DM08 has not been positively prepared, is not justified or based on sound evidence, as per paragraph 36 of the NPPF. We therefore reserve the right to comment on this once further information is made available.

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 DM08: Sustainable Drainage

1.1.1 Paragraph 182 of the NPPF requires applications which could affect drainage on or around the site to incorporate sustainable drainage systems to control flow rates and reduce volumes of runoff and which are proportionate to the nature and scale of the proposal.

1.1.2 Policy DM08 sets out that:
1. All development must promote an integrated approach to water management through planting and incorporating rainwater storage for reuse and irrigation.
2. All major developments must incorporate SuDS and take account of the drainage hierarchy as follows (in order of priority):
a) store rainwater for later use for irrigation or non-potable purposes
b) promote natural infiltration with soakaways or permeable surfaces to recharge groundwater
c) use green roofs, rain gardens, or vegetated systems to hold and slowly release water
d) use engineered systems like underground tanks or ponds to temporarily store and control water flow
e) discharge to nearby rivers or streams where practicable, ensuring that any run-off does not negatively impact on the water quality of a nearby waterbody
f) discharge to surface water sewer
g) discharge to combined sewer only as a last resort in order to prevent overloading the sewer network

3. The design and layout of the SuDS should prioritise nature based solutions and taking account of the hydrology of the site, must:
a) manage surface water close to its source and on the surface where feasible
b) be designed to incorporate surface water management features as green and blue infrastructure wherever possible, maximising multifunctional benefits for biodiversity, amenity, cooling and water quality
c) use features that enhance the site design and sense of place and where it is incorporated in open space, provide a safe naturalised system without the need for fencing or barriers
d) provide for the re-naturalisation of modified water courses where practical
e) be located away from land affected by contamination that may pose an additional risk to groundwater or other waterbodies
f) demonstrate that the peak rate of run-off over the lifetime of the development, allowing for climate change, is no greater for the developed site than it was for the undeveloped site and reduced wherever possible. Developments are required to achieve a 20% reduction in run-off rates compared to pre-development conditions to account for existing surface water runoff problems
g) ensure that flooding would not occur to property in and adjacent to the development, in the event of an occurrence of a 1 in 100-year rainfall event (including an allowance for climate change) or in the event of local drainage system failure

1.1.3 As currently drafted, Bloor Homes do not support policy DM08.

1.1.4 Firstly, looking at part 1 of the policy, it is considered that the proposed approach is vague and fails to provide further details in relation rainwater storage. It is considered that rainwater storage could relate to either water butts or the provision of rainwater harvesting tanks. If the policy does seek to include the provision of rainwater harvesting
tanks, regard will then need to be had to storage calculations and there being the possibility of an over provision of storage requirements. These comments also relate to part 2a of the policy.

1.1.5 Part 3f of the policy makes reference to peak run-off rates over the lifetime of a development and the need for developments to achieve a 20% reduction in run-off rates compared to pre-development conditions to account for existing surface water runoff problems. As currently drafted, it is unclear as to what return periods are being referenced to in respect of the 20% reduction in run-off rates. The wording of the policy needs to be more specific in this regard and advise how the 20% rate should be applied and what should be achieved. This is particularly crucial given the potential implications this can have on storage requirements. It is also unclear if the Council are suggesting whether brownfield sites would need to revert to greenfield sites and if a further 20% would then need to be applied, which would be seemingly onerous. Further to this, there are also practical implications associated with the 20% runoff rate, noting that discharge rates cannot be reduced to below 2 I/s due to blockage issues with the flow control devices.

1.1.6 Taking the above into account, Bloor Homes do not support policy DM08 as currently proposed and request that the policy is reviewed, with elements on rainwater storage and 20% runoff rates being specified further. It is considered that policy DM08 has not been positively prepared, is not justified or based on sound evidence, as per paragraph 36 of the NPPF. We therefore reserve the right to comment on this once further information is made available.

Amend the policy to read as follows:
Part 1. All development should aim to:....
Part 2. Delete

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 DM09: Sustainable Construction and Climate Resilience

1.1.1 Paragraph 162 of the NPPF sets out that Plans should take a proactive approach to mitigating and adapting to climate change. Policies should support appropriate measures to ensure the future health and resilience of communities and infrastructure to climate change impacts.

1.1.2 Policy DM09 informs that all development must:
a) minimise carbon emissions during construction, which may include use of low-carbon construction materials, and adopting energy efficient construction practices;
b) where relevant, demonstrate that demolition of existing buildings is justified in comparison to their retention and re-use, and where buildings are retained, integrate measures to make these more energy and resource efficient in accordance with criteria 3 and 5 below;
c) where demolition of existing buildings is required, demonstrate the reuse of demolition and construction waste;
d) demonstrate the integration of passive design measures, including delivering cooling without increasing carbon emissions, such as through optimal building orientation, natural ventilation, solar shading and the use of thermal mass to regulate indoor temperatures;
e) be supported by a water efficiency statement that outlines, in priority order, measures to reduce water consumption, reuse water, or offset its use and achieve minimum water efficiency equivalent to 110 litres per person per day for any residential use, or non-residential development to achieve at least 3 credits in the Wat01 Measure for water in the BREEAM New Construction standard; and
f) Demonstrate how waste will be minimised during construction and during the operation of the development. Residential development.

All new-build residential developments must achieve at least a three star rating under the BRE Home Quality Mark scheme. A whole life-cycle assessment should be undertaken as part of this assessment for major development.

1.1.3 When reviewing policy DM09 it is considered that the wording includes no flexibility and fails to have regard to viability and individual development proposals. As such, Bloor Homes do not support the policy as currently drafted.

1.1.4 Further to the above, policy DM09 requires all new-build residential developments to achieve at least a three star rating under the BRE Home Quality Mark scheme. This is not supported. The BRE Home Quality Mark scheme is a voluntary certification scheme for new developments. To achieve the Home Quality Mark certification, new dwellings must exceed the requirements of established standards set out in Building Regulations. If a site is already meeting the requirements of Building Regulations, then there is no requirement in national policy for a site to go above and beyond this. The approach taken by the Council for all new build residential standards to meet this voluntary certification is onerous and has not been supported by any evidence. It is not considered reasonable to restrict the delivery of residential development when the BRE Home Quality Mark certification is a voluntary certification and exceeds Building Regulations. The requirement for BRE Home Quality Mark certification may not be suitable or practicable in parts of a development. On this basis, it is considered that policy DM09 has not been positively prepared and is not justified.

1.1.5 Taking the above into account, it is considered that the below recommendations are necessary to ensure that policy DM09 is sound and justified, as per the requirements of paragraph 36 of the NPPF. Therefore, draft policy DM09 should be amended to read as follows:
“All development should aim to:
a) minimise carbon emissions during construction, which may include use of low-carbon construction materials, and adopting energy efficient construction practices;
b) where relevant, demonstrate that demolition of existing buildings is justified in comparison to their retention and re-use, and where buildings are retained, integrate measures to make these more energy and resource efficient in accordance with criteria 3 and 5 below;
c) where demolition of existing buildings is required, demonstrate the reuse of demolition and construction waste;
d) demonstrate the integration of passive design measures, including delivering cooling without increasing carbon emissions, such as through optimal building orientation, natural ventilation, solar shading and the use of thermal mass to regulate indoor temperatures;
e) be supported by a water efficiency statement that outlines, in priority order, measures to reduce water consumption, reuse water, or offset its use and achieve minimum water efficiency equivalent to 110 litres per person per day for any residential use, or non-residential development to achieve at least 3 credits in the Wat01 Measure for water in the BREEAM New Construction standard; and
f) Demonstrate how waste will be minimised during construction and during the operation of the development. Residential development.

In addition delete Part 2 of draft Policy.

Amend the policy to read as follows:

All qualifying development proposals must deliver a 10% measurable biodiversity net gain attributable to the development. The net gain for biodiversity should be calculated using Natural England’s Biodiversity Metric.

All development should aim to contribute towards protecting and improving biodiversity and geodiversity by:

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 DM10: Biodiversity and Geodiversity Protection and Enhancement

1.1.1 Paragraph 187 of the NPPF advises that planning policies and decisions should contribute to and enhance the natural and local environment by minimising impacts on and providing net gains for biodiversity.

1.1.2 Policy DM10 informs that all qualifying development proposals must deliver at least a 10% measurable biodiversity net gain attribute to the development. The net gain for biodiversity should be calculated using Natural England’s Biodiversity Metric. Biodiversity Net Gain should be provided onsite wherever possible. All development must contribute towards protecting and improving biodiversity and geodiversity by:
a) protecting and enhancing priority species and their habitats
b) including measures to mitigate the impacts of climate change on the district’s flora and fauna
c) protecting and enhancing green and blue infrastructure assets
d) protecting riparian zones and watercourses by creating and enhancing undeveloped buffer zones alongside watercourses to ensure functional habitat corridors for wildlife
e) protecting features and areas of geodiversity value and enhancing them to improve connectivity of habitats, amenity use, education and interpretation
f) include appropriate measures to manage construction impacts by demonstrating how existing wildlife habitats supporting protected or priority species will be retained, safeguarded and managed during construction

1.1.3 Whilst Bloor Homes support the principle of the policy and securing a mandatory requirement of 10% BNG, it is considered that the policy as currently worded does not provide any flexibility and sets an absolute requirement. For example, part c) of the policy requires developments to protect and enhance green and blue infrastructure assets. It is unlikely that the majority of developments will be able to fully comply with this requirement. Many development sites require the removal of some trees or hedgerows to facilitate development due to constraints such as access or levels. As such, it is requested that flexibility is built into the policy to allow developments to be delivered even when they cannot meet all of the requirements set out in draft policy DM10.

1.1.4 On account of the above, the following recommendations are made to the wording of draft policy DM10 to ensure that it is sound and justified, as per the tests set out at paragraph 36 of the NPPF: It should read as follows:

"All qualifying development proposals must deliver a 10% measurable biodiversity net gain attributable to the development. The net gain for biodiversity should be calculated using Natural England’s Biodiversity Metric.

All development should aim to contribute towards protecting and improving biodiversity and geodiversity by:
a) protecting and enhancing priority species and their habitats
b) including measures to mitigate the impacts of climate change on the district’s flora and fauna
c) protecting and enhancing green and blue infrastructure assets
d) protecting riparian zones and watercourses by creating and enhancing undeveloped buffer zones alongside watercourses to ensure functional habitat corridors for wildlife
e) protecting features and areas of geodiversity value and enhancing them to improve connectivity of habitats, amenity use, education and interpretation
f) include appropriate measures to manage construction impacts by demonstrating how existing wildlife habitats supporting protected or priority species will be retained, safeguarded and managed during construction."

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 DM12: Protection and Enhancement of Community Facilities

1.1.1 Paragraph 98 of the NPPF sets out that in order to provide the social, recreational and cultural facilities and services the community needs, planning policies and decisions should plan positively for the provision and use of shared spaces, community facilities and other local services to enhance the sustainability of communities and residential environments.

1.1.2 Policy DM12 informs that development proposals that protect, retain or enhance the provision, quality or accessibility of existing community, education and cultural facilities will be supported.

1.1.3 As drafted, Bloor Homes broadly support the wording of the policy and the support to proposals that enhance the quality of existing community and education facilities. On this basis, Bloor Homes wish to emphasise the development proposals at Land north of Wistow Road, Kibworth and its capacity to provide recreational space or community facilities, particularly in contrast with all other sites in and around Kibworth.

1.1.4 Bloor Homes therefore have no further comments to make on this policy at this moment in time but reserve the right to comment further as the Draft Local Plan progresses.