Regulation 19 - Proposed Draft Local Plan Submission

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Object

Regulation 19 - Proposed Draft Local Plan Submission

Policy SA02: Land South of Gartree Road Strategic Development Area

Representation ID: 13939

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

The Development Partners welcome the draft policy and agree with much of its content. Our comments below are aimed at securing soundness and can be dealt with through specific Minor Modifications which we propose in a following section.

Change suggested by respondent:

See suggested amendments to Policy SA02 specified in the attachment (Consolidated Forms Reps).

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

5.10

Representation ID: 13940

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Proposed specific change to paragraph 5.10 of supporting text as set out below.

Change suggested by respondent:

Paragraph 5.10 should read as follows:

5.10 The defined site boundary will be identified on each Council’s Adopted Policies Map as SA02 in the
District of Harborough and as AP5 in the Borough of Oadby and Wigston. The site is located within close
proximity to Leicester City and is well placed to contribute towards provision of sustainable development and the site will provide for approximately 4,000 dwellings across the site, with at least 3,000 new homes within Harborough District, and at least 850 homes in the
Borough of Oadby and Wigston.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

5.13

Representation ID: 13941

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Proposed specific change to supporting text at paragraph 5.13.

Change suggested by respondent:

Proposed to para 5.13 of the supporting text to read as follows:
5.13 The new development will create a high-quality and sustainable extension to the existing urban area and Stretton Hall, but also, will maintain a visual and physical separation between the settlement and Oadby. Separation will also be afforded to the existing village of Great Glen through the creation of a new Area of Separation in Harborough District, which will prevent coalescence and will protect individual character and identity of the settlement.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

5.17

Representation ID: 13943

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? Not specified

Duty to co-operate? Yes

Representation Summary:

Proposed changes to paragraph 5.17 of the explanatory text to SA02.

Change suggested by respondent:

Paragraph 5.17 should be amended to read as follows:

5.17 Addressing transport impacts is necessary to promote sustainable travel, ensure road safety and manage cumulative residual impacts on the road network. Safe vehicular access, regular bus services, and high-quality cycle and pedestrian routes are vital to reducing car dependency and encouraging healthier, more sustainable modes of transport through a vision-led approach.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

5.19

Representation ID: 13944

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Proposed changes to paragraph 5.19 of the explanatory text to Policy SA02.

Change suggested by respondent:

Paragraph 5.19 of the explanatory text should read as follows:

5.19 Phased infrastructure provision is essential to avoid straining existing services. By delivering schools, healthcare, and a local centre in tandem with housing, the development can meet community needs from the outset. Sports pitches and recreational facilities promote physical activity and community cohesion, fostering a healthy living environment for future residents. This would offer a high-quality recreational area for both existing and new residents, while improving biodiversity and habitat value. All open space provision and open space standards for the site, regardless of location, must be broadly
consistent with Harborough District open space standards although the Councils may agree bespoke approaches within the overall requirement where that results in a better outcome. This is to ensure that the entire site, even areas within the Borough of Oadby and Wigston, has a consistent approach to open space provision.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

5.23

Representation ID: 13945

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Proposed changes to paragraph 5.23 of the explanatory text of Policy SA02.

Change suggested by respondent:

Paragraph 5.23 of the explanatory text should read as follows:

5.23 This Policy and the Infrastructure Delivery Plan for this Site will ensure that phased essential infrastructure provision will avoid straining existing services in the locale as the new community grows to its full and complete maturity. By delivering necessary education, highways and
transport, healthcare, open spaces, sports and leisure facilities, biodiversity and habitat creation, and, other much needed community infrastructure in tandem with housing and employment growth, means the development can meet the new demands from the outset and for generations to come. Given the length of the development the plan will need to be applied flexibly to ensure that the needs of communities and changes of approach by public authorities to provision are appropriately met. Where the site is meeting wider strategic needs contributions from other developments will be sought to contribute to the costs of that provision in line with Regulation 122 of the CIL Regulations (2010, as amended).

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

Policy DS02 Development Strategy: Creating Jobs and Diversifying the Economy

Representation ID: 13946

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Soundness: Not justified
The Council’s evidence base identifies an ‘objectively assessed need’ of 61 hectares of employment land with a further 16.4 hectares allocated to the three strategic sites, including SA02 (see Policy DS02). The detailed justification for and proposed uses to be incorporated into this land are not set out.
Whilst it is appropriate, consistent with National Policy to include employment uses as part of a large mixed use site, the use of a metric of hectares of ‘employment’ land is inappropriate.
We have suggested in relation to the site allocation policy alternative wording. This should also be incorporated into this policy.

Change suggested by respondent:

Policy DS02, Part 2 a) should be amended to read as follows:

2 a) Provision of appropriate employment uses, services and a local centre providing jobs broadly equivalent to up to 5 hectares of new general employment land within Harborough District on Site SA02.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

Policy DS05 Development Strategy: Supporting Strategic Infrastructure

Representation ID: 13948

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Legal compliance: Parts 2 and 5 are not consistent with Regulation 122 of the CIL Regulations (as amended) as it cannot be determined in advance whether the relevant tests are met. Policy needs to be amended to reflect the need for assessment at the time of application and for phased developments during implementation.

Soundness - Not justified/not effective:
Infrastructure will be delivered over an extended period and will be subject to changes in demographics, technology and policy. For SA02 there will therefore need to be an Infrastructure Delivery Plan which is flexible enough to accommodate this. This should be reflected in the policy.

Part 5 (Viability review) assumes that all infrastructure required in the policy will be required, in line with Part 2, and that variation will only be required in exceptional circumstances and only on the basis of a viability assessment. In practice infrastructure requirements will vary for reasons other than viability. The policy needs to include a review process which is not viability dependent.
See attachment for details.

Change suggested by respondent:

DS05 Parts 2 and 5 should be amended to read as follows:

2. The detailed site-specific mitigation schemes included within the site allocation Policies SA01, SA02, SA03 and SA04 are required and expected to be included within development proposals and site development costs. Development proposals should make provision for all the land required to accommodate any additional infrastructure arising from the development on site. Requirements will be reviewed on a Phased basis.

5. The policies within this Local Plan have been viability tested, and it is the expectation that policy compliant contributions will be made. A variation to the requirements set out in Policy within the Plan may be triggered by changes in development phasing and need. For strategic sites this will be subject to agreed plans and review processes. Changes to provision based on viability will only be accepted by the Council in exceptional circumstances. In such cases, a site-specific viability assessment may be accepted where viability is identified as a barrier to delivery. Where it is identified that the Policy requirements set out within this Local Plan cannot be met, this must be supported by evidence to be independently verified as part of an open book viability appraisal. The costs of this work will be borne by the applicant. The weight placed on this assessment will be determined on a case-by-case basis.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

Policy HN01 Housing Need: Affordable Homes

Representation ID: 13954

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Soundness -Not justified, not effective:
The Development Partners are strongly committed to delivering mixed and balanced communities and will be seeking to maximise affordable housing whilst meeting the Councils’ aspirations for Infrastructure Led development and placemaking. This will require a partnership approach with the Authorities.
The Viability Assessment does not justify 40% affordable homes for site SA02. We have proposed a policy modification to set that target as ‘up to’ for that site. There should be a consequential amendment to Part 1 of this policy to confirm it doesn’t apply to site SA02.
On part D we are proposing a bespoke Infrastructure and Housing Delivery phased review mechanism. For a site of the scale of SA02 a variation in the policy target cannot be considered in isolation from infrastructure delivery and phasing. Part E refers to a phased approach for sites over 500 homes, but again this is triggered solely by viability. We again would suggest that these parts should not apply to site SA02.

Change suggested by respondent:

Proposed amendments to Policy HN01 to read as follows:

1. To meet the need for affordable housing 40% of the total number of homes in residential developments of 10 or more homes (or capable of delivering 10 or more homes), unless otherwise specified in a site specific policy, must be affordable.

d) 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 of affordable housing will be considered. In these exceptional circumstances, a clear justification supported by an independent viability assessment will be required. The costs of subsequently reviewing this work on behalf of the Council will be borne by the applicant. Bespoke mechanisms for strategic allocations, linked to site specific policies and DS05 (Infrastructure) may be agreed.

e) For schemes of 500 or more houses, where a non policy compliant scale of affordable housing is accepted as a result of viability issues, or as part of a wider bespoke mechanism for an allocated site, in accordance with d) above, viability will be reassessed at agreed times over the lifetime of a development based on actual costs and values generated by the development. The cost of the Council reviewing this will be borne by the applicant.

Full text:

See attachment for representations.

Object

Regulation 19 - Proposed Draft Local Plan Submission

Policy HN04 Housing Need: Supported and Specialist Housing

Representation ID: 13955

Received: 02/05/2025

Respondent: Urban&Civic and Homes England

Agent: Quod

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Soundness - Not justified:
Requirement for 10% specialist housing for all residential development of over 100 dwellings is not justified or effective for strategic sites.
A consolidated response has been prepared and attached as part of this pack. This response provides details of why we consider named policies to be unsound. (see attachement).

Change suggested by respondent:

Policy should be amended to read as follows:

Specialist housing for older people will be required as an integral part of all residential development of 100 dwellings to 500 dwellings 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. Strategic site allocations should define the proportion within their housing strategy, which will be subject to ongoing monitoring and review.

Full text:

See attachment for representations.

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