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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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