Pre-October 2018 Regulation 19 Page
BAG believes that there are compelling grounds for challenging the soundness of Basildon’s Local Plan, because of contravention of national planning policy in these areas :-
- Large scale erosion of the Green Belt for housing without special or exceptional circumstances to justify it
- Lack of meaningful consultation with the local community
- Grossly inadequate plans/funding commitments for essential enhancement of transport and social infrastructure
What is Regulation 19?
The first stage of the consultation process when forming a Local Plan is called Regulation 18, a technical term that refers to the Town and Country Planning Act (Local Planning) (England) Regulations 2012. It enables local people and organisation to respond to local planning authorities regarding the scope, content, and assumptions behind draft local plans.
Regulation 19 is the second stage, and it provides local communities, businesses and other interested stakeholders with the opportunity to comment on the policy content of a draft Local Plan within the specific remit of the Tests of Soundness, as set out in the National Planning Policy Framework (NPPF). Any person may make representations to a local planning authority about a local plan which the local planning authority propose to submit to the Secretary of State.
The results and inputs of this consultation have to be provided to, and taken into account by, the Planning Inspector who will carry out an examination in public, and who ultimately will decide whether the Plan is sound and may be implemented.
Regulation 19 is the second stage, and it provides local communities, businesses and other interested stakeholders with the opportunity to comment on the policy content of a draft Local Plan within the specific remit of the Tests of Soundness, as set out in the National Planning Policy Framework (NPPF). Any person may make representations to a local planning authority about a local plan which the local planning authority propose to submit to the Secretary of State.
The results and inputs of this consultation have to be provided to, and taken into account by, the Planning Inspector who will carry out an examination in public, and who ultimately will decide whether the Plan is sound and may be implemented.
What are the Tests of Soundness?
- Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development
- Justified – the plan should be the most appropriate strategy, when considered against the alternatives, based on proportionate evidence
- Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities
- Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the Framework
Is the Basildon Local Plan Sound?
There are a number of areas in which BAG considers the Local Plan to be fundamentally unsound. These mostly relate to the test of it being consistent with national policy in three particular areas :- Green Belt policy, community consultation, and infrastructure.
How does the Local Plan contravene national Green Belt policy?
Requirements
Green Belt serves five purposes:
Outcome
‘Exceptional circumstances’ is not specifically defined in the NPPF. Ministers have however repeatedly stated that housing need alone does not constitute exceptional circumstances. If it did then of course the Green Belt’s days would be numbered. In Billericay all proposed developments are on existing Metropolitan Green Belt land and no genuinely exceptional circumstances are offered.
Green Belt serves five purposes:
- to check the unrestricted sprawl of large built-up areas
- to prevent neighbouring towns merging into one another
- to assist in safeguarding the countryside from encroachment
- to preserve the setting and special character of historic towns
- to assist in urban regeneration, by encouraging the recycling of derelict and other urban land
Outcome
‘Exceptional circumstances’ is not specifically defined in the NPPF. Ministers have however repeatedly stated that housing need alone does not constitute exceptional circumstances. If it did then of course the Green Belt’s days would be numbered. In Billericay all proposed developments are on existing Metropolitan Green Belt land and no genuinely exceptional circumstances are offered.
BAG believes that the substantial release of Green Belt land without adequate justification is cause for challenging the soundness of the Local Plan.
Has the local community been adequately consulted about this Local Plan?
Requirements
A Local Plan is defined as : The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community.
Early and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses is essential. A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.
Crucially, Local plans should be based on co-operation with neighbouring authorities, public, voluntary and private sector organisations
Outcome
The initial public consultation resulted in a rejection by more than 80% of respondents of all key aspects of the Local Plan. The second consultation, on proposed new and alternative sites, resulted in a similar wholehearted rejection by the public. Despite these results, Basildon Council now proposes 2,900 new homes in Billericay, an increase of 1,200 or 70% compared with the original proposal, which was itself so comprehensively rejected. No new public consultation on the size or substance of this vastly increased housing proposal is planned nor will take place.
BAG believes that effectively ignoring comprehensive public rejection followed by a substantial increase in planned new housing with no further consultation cannot legitimately described as a ‘meaningful’ consultation, nor a ‘collaboration’ with the local community. As such this constitutes grounds for challenging the soundness of the Local Plan.
Has the need to enhance transport and social infrastructure in proportion to the planned increase in population been adequately addressed ?
Requirements
Local planning authorities should seek opportunities to achieve each of the economic, social and environmental dimensions of sustainable development, and net gains across all three. Significant adverse impacts on any of these dimensions should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued.
Local planning authorities should set out the strategic priorities for the area in the Local Plan. This should include strategic policies to deliver:
Local planning authorities should work with other authorities and providers to:
Outcome
Little or no meaningful commitments are included in the Local Plan for the provision or funding of adequate enhancements of :- road and rail transport facilities, vehicle public parking, health, social care, education, policing, utilities, telecommunications, drainage and flood avoidance, or town centre expansion. In addition some planned developments would be detrimental to the interests of wildlife conservation or preservation of sites of significant historical interest.
No new jobs are planned for Billericay, so it can be assumed that a large proportion of the estimated 8,000 new residents will be commuters. This will cause particular problems regarding transport congestion, especially on trains to London.
A Local Plan is defined as : The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community.
Early and meaningful engagement and collaboration with neighbourhoods, local organisations and businesses is essential. A wide section of the community should be proactively engaged, so that Local Plans, as far as possible, reflect a collective vision and a set of agreed priorities for the sustainable development of the area, including those contained in any neighbourhood plans that have been made.
Crucially, Local plans should be based on co-operation with neighbouring authorities, public, voluntary and private sector organisations
Outcome
The initial public consultation resulted in a rejection by more than 80% of respondents of all key aspects of the Local Plan. The second consultation, on proposed new and alternative sites, resulted in a similar wholehearted rejection by the public. Despite these results, Basildon Council now proposes 2,900 new homes in Billericay, an increase of 1,200 or 70% compared with the original proposal, which was itself so comprehensively rejected. No new public consultation on the size or substance of this vastly increased housing proposal is planned nor will take place.
BAG believes that effectively ignoring comprehensive public rejection followed by a substantial increase in planned new housing with no further consultation cannot legitimately described as a ‘meaningful’ consultation, nor a ‘collaboration’ with the local community. As such this constitutes grounds for challenging the soundness of the Local Plan.
Has the need to enhance transport and social infrastructure in proportion to the planned increase in population been adequately addressed ?
Requirements
Local planning authorities should seek opportunities to achieve each of the economic, social and environmental dimensions of sustainable development, and net gains across all three. Significant adverse impacts on any of these dimensions should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued.
Local planning authorities should set out the strategic priorities for the area in the Local Plan. This should include strategic policies to deliver:
- the provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat)
- the provision of health, security, community and cultural infrastructure and other local facilities
- climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape
- plan positively for the development and infrastructure required in the area to meet the objectives, principles and policies of this Framework
- identify land where development would be inappropriate, for instance because of its environmental or historic significance
- contain a clear strategy for enhancing the natural, built and historic environment, and supporting Nature Improvement Areas where they have been identified
Local planning authorities should work with other authorities and providers to:
- assess the quality and capacity of infrastructure for transport, water supply, wastewater and its treatment, energy (including heat), telecommunications, utilities, waste, health, social care, education, flood risk and coastal change management, and its ability to meet forecast demands
- take account of the need for strategic infrastructure including nationally significant infrastructure within their area
Outcome
Little or no meaningful commitments are included in the Local Plan for the provision or funding of adequate enhancements of :- road and rail transport facilities, vehicle public parking, health, social care, education, policing, utilities, telecommunications, drainage and flood avoidance, or town centre expansion. In addition some planned developments would be detrimental to the interests of wildlife conservation or preservation of sites of significant historical interest.
No new jobs are planned for Billericay, so it can be assumed that a large proportion of the estimated 8,000 new residents will be commuters. This will cause particular problems regarding transport congestion, especially on trains to London.
BAG believes that the Local Plan represents a blatant failure to adequately address infrastructure needs, and that this represents clear grounds for challenging the soundness of the Plan.
What can we do?
Respond to the Regulation 19 consultation.
The timing and the details of how to respond are not yet known. But these are expected by the Spring and BAG will be publicising information and guidance as widely as possible.
It is vitally important that as many residents as possible challenge the soundness of this Plan via the public consultation. This will add considerable weight when BAG challenges it directly with the Planning Inspector during the examination in public.
The timing and the details of how to respond are not yet known. But these are expected by the Spring and BAG will be publicising information and guidance as widely as possible.
It is vitally important that as many residents as possible challenge the soundness of this Plan via the public consultation. This will add considerable weight when BAG challenges it directly with the Planning Inspector during the examination in public.
