Tendring Colchester Borders Garden Community Development Plan Document (DPD)

Ended on the 25 June 2023

Chapter 10: Infrastructure Delivery, Impact Mitigation and Monitoring

This chapter covers the requirements to ensure the Garden Community is supported by the required level of infrastructure. The Garden Community provides an opportunity to create an innovative, resilient, well-connected and inclusive place that will stand the test of time.

Section 1 Local Plan

The main requirements covered in this Plan, as set out in the policies of the adopted Section 1 Local Plan include:

All development must be supported by the provision of infrastructure, services and facilities that are identified to serve the needs arising from the development.
An infrastructure delivery strategy and phasing plan that sets out how infrastructure, services and facilities will be provided.
Comprehensive planning and development of the Garden Community, where each development phase is supported by suitable mechanisms to deliver the infrastructure both on and off-site.
Providing new and improved transport (footways, cycle links, bridleways, roads) and communication infrastructure.
Addressing education, healthcare, leisure and sports.
Integrating a network of multi-functional green and blue infrastructure to create attractive and sustainable places.
Ensuring adequate water and wastewater treatment capacity or infrastructure upgrades are in place prior to development proceeding.
Planning consent and funding approval for the A120-A133 Link Road and Route 1 of the Rapid Transit System.
Providing appropriate design and infrastructure that incorporates the highest standards of innovation in energy efficiency and technology to reduce impact of climate change, water efficiency (with the aim of being water neutral in areas of serious water stress), and sustainable waste / recycling management facilities.

two people walking on woodland path

(19) GC POLICY 9: INFRASTRUCTURE DELIVERY AND IMPACT MITIGATION

Planning and delivering the required infrastructure is at the heart of sustainable development for the Garden Community. Proposals must demonstrate that the required infrastructure to support the development will be delivered in a timely and, where appropriate, phased manner. This will provide the opportunity to address infrastructure needs, maximise the efficient use of existing infrastructure capacities and explore opportunities for new sustainable infrastructure.

Part A: Infrastructure Delivery Mechanism

Developers will need to make direct provision or contribute towards the delivery of relevant infrastructure as required by the development either alone or cumulatively with other developments, as set out in the relevant Infrastructure Delivery Plan (IDP) and other policies in this Plan, where such contributions are compliant with national policy and the legal tests. Where necessary, developers will be required to:

Enter into Section 106 agreements to make provisions to mitigate the impacts of the development where necessary or appropriate. Section 106 will remain the appropriate mechanism for securing land and works along with financial contributions where a sum for the necessary infrastructure is not secured via CIL; and/or
Make a proportionate contribution on a retrospective basis towards such infrastructure as may have been forward-funded from other sources where the provision of that infrastructure is necessary to facilitate and/or minimise the impacts of their development (including the cumulative impacts of planned development).

Where a proposal requires additional infrastructure capacity, to be deemed acceptable, mitigation measures must be agreed with the Councils and the appropriate infrastructure provider. Such measures may include (not exclusively):

Financial contributions towards new or expanded facilities and the maintenance thereof.
On-site provision of new facilities (which may include building works).
Off-site capacity improvement works.
The provision of land.

Developers must work positively with the Councils and other infrastructure providers throughout the planning process to ensure that the cumulative impact of development is considered and then mitigated, at the appropriate time, in line with their published policies and guidance.

The Councils will consider introducing a Community Infrastructure Levy (CIL) and will implement such for areas and/or development types where a viable charging schedule would best mitigate the impacts of growth. Section 106 will remain the appropriate mechanism for securing land and works along with financial contributions where a sum for the necessary infrastructure is not secured via CIL.

For the purposes of this policy the widest reasonable definition of infrastructure and infrastructure providers will be applied. Exemplar types of infrastructure are provided in the glossary appended to this Plan.

Proposals will need to make financial contributions to the wider local transport infrastructure, including the A120-A133 Link Road and Rapid Transit System in accordance with the conditions of the Housing Infrastructure Fund.

Proposals will also need to make contributions to stewardship and economic development initiatives to ensure the delivery of relevant policies in the Plan.

Part B: Planning Application Requirements

Applications where relevant must be accompanied by:

Planning Obligations Statement.
Affordable Housing Statement.
Viability Assessment.

Justification

The Garden Community will require the provision of new physical infrastructure such as footways, cycleways, roads, and sewers; social infrastructure such as health, education, and community facilities; and green infrastructure such as open and recreational spaces. The Councils will work with developers and a range of partners such as the Highway Authority,
National Highways, the lead authority for education, the Environment Agency, Lead Local Flood Authority, utility companies, North East Essex Clinical Commissioning Group and National Health Service England Midlands and East England, and Sport England to bring forward the necessary infrastructure that is required to deliver the Garden Community.

It should be recognised that infrastructure may be provided in various ways including new infrastructure, improvements to existing facilities/services or as co-located or expanded services/facilities. Where infrastructure cannot be provided within, or is not appropriate to be located on, the Garden Community site itself, developers will be expected to make a contribution to the cost to provide the infrastructure elsewhere.

In negotiating planning obligations, the Councils will require a fully transparent open book viability assessment and that all possible steps have been taken to minimise the residual level of unmitigated impacts. Developers may be required to enter into obligations that provide for appropriate additional mitigation in the event that viability improves prior to completion of the development.

The Councils have prepared an Infrastructure Delivery Plan (IDP) for the Garden Community, to identify the required infrastructure. The IDP is a living document subject to review and will be regularly updated. Proposals will be expected to deliver or contribute to the necessary infrastructure requirements of the Garden Community as identified by the Council's IDP, where such contributions are compliant with national policy and the legal tests.

school child playing

The Councils will seek contributions from developers to fund improvements to existing infrastructure and the environment and new infrastructure. Contributions will be made through the Community Infrastructure Levy (if adopted), which applies a standard charge to developers to fund supporting infrastructure such as transport, schools, community facilities and health facilities, and/or Section 106 agreements which address the provision of affordable housing and more site-specific infrastructure requirements. The necessary infrastructure requirements through the use of planning condition and/or planning obligation and/or financial contributions through Community Infrastructure Levy (CIL) charges in accordance with The Community Infrastructure Regulations 2019.

Some infrastructure providers will fund and deliver infrastructure themselves. Other infrastructure will be funded by developers and landowners, secured by planning obligations or the CIL (if adopted) or its successor as part of the planning permission. On-site infrastructure provision will usually be secured by planning conditions or legal agreements. Off-site provision will usually be secured by legal agreements and through other financial contributions.

Essex County Council, working with CCC and TDC, were successful in attracting funding under the Housing Infrastructure Fund (administered by Homes England) for the delivery of the A120-A133 Link Road, and the offsite sections of the Rapid Transit System (RTS). The awarding of the funding has been made on the basis that this transport infrastructure unlocks housing growth at the Garden Community, without which the Garden Community could not be developed to the scale proposed. In accordance with the conditions of the funding agreement with Homes England, the Councils will seek to maximise the recovery of this funding from the Garden Community as it is developed. The mechanism for the recovery of funding will be secured by legal agreement between the Councils and the developer(s), with the level of recovery informed by regular reviews of development viability so that an appropriate financial contribution towards recovery is set which takes into account other policy requirements and contributions required of the Garden Community. Contributions received from this recovery mechanism will be used to cover any cost increases (beyond the initial HIF award) incurred by Essex County Council in delivering the Link Road and RTS. Any contributions beyond covering cost increases will be recycled back into supporting additional housing growth in the area at the discretion of the Councils and Homes England, as set out in the conditions of the Housing Infrastructure Fund.

(2) Monitoring

Monitoring is a way of assessing the effectiveness of a plan once it is adopted. It helps to identify if plan policies are not being implemented and whether an early review of the plan is required. Monitoring indicators for the Plan will reflect the indicators monitored in the Councils Authority Monitoring Reports and will be linked to the Sustainability Appraisal (SA) Framework. The table below outlines the Councils monitoring objectives and will evolve over time as the monitoring indicators evolve.

SA Objective	Most Relevant Policies	Monitoring Indicator
1. To create safe environments which improve quality of life, community cohesion	GC Policy 1 GC Policy 3 GC Policy 6	Increase in areas of public open space All crime – number of crimes per 1000 residents per annum Number of new community facilities granted planning permission Number of new cultural facilities granted planning permission, including places of worship
2. To ensure that everyone has the opportunity to live in a decent, safe home which meets their needs at a price they can afford	GC Policy 4	Housing Delivery Affordable housing completions Gypsy & Traveller provision
3. To improve health/reduce health inequalities	GC Policy 1 GC Policy 4 GC Policy 6 GC Policy 7	Increase in areas of public open space Percentage of new residential development that adheres to Natural England's Accessible Natural Greenspace Standards Percentage of new residential development within walking and cycling distance to schools Percentage of new residential development within walking and cycling distance to sport and recreation facilities Hectares of accessible open space per 1,000 population
4. To ensure and improve the vitality and viability of Centres	GC Policy 1 GC Policy 5 GC Policy 6	Total amount of floorspace for town centre uses (sqm)
5. To achieve a prosperous and sustainable economy that creates new jobs, improves the vitality and viability of centres and captures the economic benefits of international gateways	GC Policy 5	Amount of floorspace developed for employment by type (sqm) Level 2 qualifications by working age residents Level 4 qualifications and above by working age residents
6. To value, conserve and enhance the natural environment, natural resources, biodiversity and geological diversity	GC Policy 1 GC Policy 2	Number and area of Local Nature Reserves and Local Wildlife Sites Contributions collected as part of the Essex Coast RAMS Condition of SSSIs (per Natural England assessments) Overall % BNG achieved, as calculated by the latest Defra metric
7. To achieve more sustainable travel behaviour, reduce the need to travel and reduce congestion	GC Policy 7	To obtain an agreed Travel Plan Percentage of journeys to work by walking and cycling and percentage of journeys to work by public transport Levels of modal shift achieved
8. To promote accessibility, ensure that development is located sustainably and makes efficient use of land, and ensure the necessary infrastructure to support new development	GC Policy 1 GC Policy 3 GC Policy 5 GC Policy 6 GC Policy 7 GC Policy 9	Increase in areas of public open space Key infrastructure projects delivered Additional capacity of local schools / incidents of new school applications
9. To conserve and enhance historic and cultural heritage and assets and townscape character?	GC Policy 1 GC Policy 3 GC Policy 4	Recorded loss of listed buildings Grade I and II+ (by demolition), Scheduled Monuments or nationally important archaeological sites and assets on the Colchester Local List to development
10. To make efficient use of energy and reduce contributions to climatic change through mitigation and adaptation	GC Policy 8	Percentage of household waste recycled and composted Carbon emissions and Climate Change Climate Change Adaptation
11. To improve water quality and address water scarcity and sewerage capacity	GC Policy 3 GC Policy 8	Quality of rivers (number achieving ecological good status) % of homes that meet the optional Part G of the Building Regulations
12. To reduce the risk of fluvial, coastal and surface water flooding	GC Policy 2 GC Policy 8	Number of planning applications approved contrary to Environment Agency advice on flood defence or water quality grounds
13. To improve air quality	GC Policy 7	Number of Air Quality Management Areas
14. To conserve and enhance the quality of landscapes	GC Policy 1 GC Policy 2 GC Policy 3
15. To safeguard and enhance the quality of soil and mineral deposits?	GC Policy 8	Number and area of developments proposed within MSAs

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