Inspector's Schedule of Modifications

(1) MM18 (Main)

Part A

Modification

Remove the last para. page 39 as follows from Part A:

Proposals will be required to provide an appropriate amount of Suitable Accessible Natural Greenspace (SANG), in accordance with Natural England (NE) guidance. This will reduce the amount of day-to-day recreational trips to the sensitive Essex coast. Proposals to incorporate the SANG within the new Country Park will be supported where they conform to the principles of the Strategic Masterplan and where evidence, including visitor surveys, is provided to demonstrate that the Salary Brook Local Nature Reserve has sufficient capacity to accommodate any increased visitor usage proposed in order to count towards SANG provision. 

Create new Part B to read as follows:

Part B: Suitable Alternative Natural Greenspace (SANG) Proposals will be required to provide an appropriate amount of Suitable Alternative Natural Greenspace (SANG), in accordance with Natural England (NE) guidance. This will reduce the amount of day-to-day recreational trips to the protected habitat sites Essex coast. Proposals to incorporate SANG within the new Country Park will be supported where they conform to the principles of the Strategic Masterplan and where evidence, including visitor surveys, is provided to demonstrate that the Salary Brook Local Nature Reserve has sufficient capacity to accommodate any increased visitor usage proposed in order to count towards SANG provision. 10 The Council will work with Natural England, landowners and stakeholders to agree the extent of SANG provision for each phase of the Garden Community, which must link into a wider network of footpaths, green infrastructure and public open space. Proposals must demonstrate how SANG, and access to it, will be provided for each relevant phase of the development, including access to temporary SANG where required.

Reason

Natural England Rep ID.223

To provide clarity and accuracy on referenced requirements.

Note modification to substitute 'accessible with 'alternative' in 'Suitable Alternative Natural Greenspace' as per NE guidance and representation.

MM19 (Minor)

Modification

Re-title the following sections:

Part B: Integrating Green and Blue (water) Spaces into Built Form - Becomes Part C
Part C: Protection of Biodiversity - Becomes Part D
Part D: Biodiversity Net Gain - Becomes Part E
Part E: Tree Planting - Becomes Part F
Part F: Productive Landscapes - Becomes Part G
Part G: Sustainable Drainage Systems and Blue Infrastructure - Becomes Part H
Part H: Integration of A120-A133 Link Road Mitigation - Becomes Part I
Part I: Planning Application Requirements - Becomes Part J

Reason

To accommodate new Part B.

MM20 (Main)

Part B (to become Part C)

Modification

Amend last para. page 39:

A key principle and part of the distinctive character of the Garden Community will be the green-blue infrastructure network and celebration of the natural and historic environment. Proposals should take every opportunity to integrate green and blue spaces and will be required to demonstrate, both spatially and technically, how they have been integrated into the built form. Examples include: tree lined streets or streets that contain hedgerows appropriate to local character, habitats, and species; insect-attracting plants, hedgerows, log piles, and other places of shelter for wildlife refuge/hibernation within structural landscaping and open spaces; hedgehog friendly features in residential garden boundaries to create linked habitat; dark corridors for bat foraging; green walls and roofs and other measures of incorporating trees and plants into buildings; bat boxes, bricks or lofts and bird boxes; green roofs dual purpose street furniture; and Sustainable Drainage Systems (SuDS).

Reason

Essex County Council Rep ID.106

Noted that 'Green Roofs' are reference twice in this section and recommended alternative wording as the design of street furniture and bin stores can add character to the landscape, reduce clutter, and benefit biodiversity. Modification suggested to provide clarity and correction.

(3) MM21 (Main)

Part C (to become Part D)

Modification

Amend as follows: Part C  D:

Protection of Biodiversity Proposals will need to provide the following:

• Are supported with appropriate ecological surveys where necessary.
• Where there is reason to suspect the presence of a protected species (and impact to), or Species/Habitats of Principal Importance, proposals should be accompanied by an ecological survey assessing their presence and, if present, the proposal must be sensitive to, and make provision for their needs and demonstrate the mitigation hierarchy has been followed.
• Will minimise fragmentation of habitats.
• Maximises opportunities for the preservation, restoration, enhancement, and connection of natural habitats in accordance with the Local Nature Recovery Strategy or future replacements.

Before granting planning consent, wintering bird surveys will be undertaken at the appropriate time of year to identify any offsite functional habitat. In the unlikely event that significant numbers are identified, development must firstly avoid impacts. Where this is not possible, development must be phased to deliver habitat creation and management either on or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds.

Sensitive habitats should be buffered with additional planting or other agreed appropriate measures wherever possible to discourage access. Appropriate interpretation/signage will be required to help divert visitors away from sites that are sensitive to recreational disturbance, including the use of marketing and promotional material at the point of house sales. Ecologically rich buffer landscapes against existing and new road corridors will be required. The minimum widths of these will be agreed through an appropriate design code or similar.

Reason

Natural England Rep ID.223

To provide clarity and accuracy on referenced requirements with regard to functionally linked land and wintering bird surveys.

(1) MM90 (Main)

Part D (to become Part E)

Modification

Remove last sentence of first point of Part on page 40:

As such an ambition is to achieve BNG of 15% on average across the whole masterplan.

Reason

The minimum requirement of 10% will be met across the masterplan as required by Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).

MM22 (Main)

Part D (to become Part E)

Modification

Amend last point of Part on page 41:

Habitat enhancement and creation for delivering biodiversity net gain within the Strategic Green Gaps, Salary Brook Country Park, SANG, and SuDS and other green infrastructure will be supported, where true additionality through stacking of ecosystem services can be demonstrated. Stacking of ecosystem services will be permitted where additionality can be demonstrated, taking account of emerging guidance on stacking from Natural England and Defra.

Reason

Latimer Rep ID.227

To provide additional clarity for applicants and future decision maker.

MM23 (Main)

Part E (to become Part F)

Modification

Areas for planting or regeneration should will need to be set out and agreed in the appropriate landscape and green-blue infrastructure strategies and management plans.

Reason

Essex County Council Rep ID.107

Recommended minor change to wording to strengthen the policy. Modification suggested to provide clarity, consistency and to strengthen the policy.

(1) MM24 (Main)

Part J (new part)

Modification

Part J: Air Quality

Proposals that might lead to a deterioration in air quality or to an exceedance of the national air quality objectives, either by itself, or in combination with other development, will require the submission of an Air Quality Assessment to be carried out in accordance with industry best practice. This should address:

a) The cumulative effect of further emissions and screening for air quality impacts.

b)Where identified as being required, the proposed measures of mitigation, using good design, technical solutions and offsetting measures that prevent the deterioration of air quality and ensure that National Air Quality Objectives are not exceeded.

c)The identification of measures to secure the safety and satisfactory quality of life for the future occupiers and existing residents. Development must not result in an increased exposure to poor air quality, including odour, fumes and dust, particularly where developments might be occupied or used by vulnerable people.

The Air Quality Assessment must be informed by traffic scoping modelling for each relevant phase of development and is required to assess increases in traffic levels on routes that lie within 200m of European Sites whose qualifying features, or the habitats that support them, are sensitive to any related changes in air quality.

 All development proposals should promote a shift to the use of sustainable low emission transport modes, to minimise the impact of vehicle emissions on air quality.

Reason

Natural England Rep ID.224

To provide clarity with regard to requirements relating to Air Quality.

MM25 (Main)

Part I (to become Part K)

Modification

Proposals must include a green-blue infrastructure plan, which demonstrates how the scheme reflects and complies with the Strategic Masterplan; the Colchester Tendring Open Space Strategy requirements; the Healthy Living and Play Strategy required by GC Policy 6; appropriate biosecurity standards for sourcing, quarantining, and inspecting plant material supplied to the development required by GC Policy 8; and demonstrate how green and blue spaces have been integrated into the built form.

Reason

Essex County Council Rep ID.115

Recommended minor change to wording to secure the submission of appropriate details at application stage. Modification suggested to provide clarity, consistency and to strengthen the policy.

(1) MM26 (Main)

Part K (was Part I)

Modification

Add:

7. Proposals must be supported by an Air Quality Assessment to be informed by traffic scoping modelling for each relevant phase of development in accordance with industry best practice.

Reason

Natural England Rep ID.224

To provide clarity with regard to requirements relating to Air Quality.

MM27 (Main)

Part Justification (page 46)

Modification

Add additional paragraph:

Where the surveys show that mitigation is required, development must be phased to deliver habitat creation and management either on- or off-site to mitigate any significant impacts. Any such habitat must be provided and fully functional before any development takes place which would affect significant numbers of SPA birds

Reason

Latimer Rep ID.227

To avoid any ambiguity and allow the detailed and tailored HRA process to inform appropriate and proportionate mitigation requirements.