Inspector's Schedule of Modifications

MM75 (Main)

Part A

Modification

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 'Infrastructure Delivery, Phasing & Funding Plan' or relevant Infrastructure Delivery Plan (IDP) and other policies in this Plan...

Reason

Consistency of terminology of documentation reference needed to align with the terminology of the evidence base document with respect to the 'Infrastructure Delivery Plan'.

MM76 (Main)

Part A

Modification

Amendment to fourth paragraph on page 129:

"...including the A120-A133 Link Road and Rapid Transit Systemin accordance with taking into account the conditions of the Housing Infrastructure Fund".

Reason

Latimer Rep ID.238

Modification suggested by Latimer in their representation which the Council agree is acceptable and does not change the intent of the original policy wording.

MM77 (Minor)

Part Justification

Modification

Amend para.1 page 129 to include:

Integrated Care Board (ICB)

Reason

ESNEFT Rep ID.267

To ensure that developers liaise with the most appropriate NHS contacts to discuss and agree the scope and scale of the healthcare infrastructure and/ or funding required to meet the new community's needs

MM78 (Main)

Part Justification

Modification

Amend para 1, Page 129 to read:

"The Garden community will require the provision of new physical infrastructure such as footways, cycleways, roads, and sewers; social infrastructure such as health, ambulance, police, firefighting, education and community facilities, and green infrastructure such as open and recreational spaces."

Reason

EEAST Rep ID.259

Plan text not fully 'justified' as paragraph omits reference to key infrastructure in the form of ambulance, police & firefighting facilities

MM79 (Main)

Part Justification

Modification

Amend second paragraph on page 130: "In negotiating Where planning obligations are required by planning policy and/or to mitigate the impacts of development but are not agreed for development viability reasons, 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, provided the additional obligations are required to mitigate the impact of the development.

Reason

Latimer Rep ID.238

Modification suggested by Latimer in their representation which the Council agree is acceptable and does not change the intent of the original policy wording.

The amended wording provides additional clarity that viability assessment would only be required if proposals were not achieving requirement due to viability matters.

MM80 (Main)

Part Justification

Modification

Amend final paragraph on page 130:

"The Councils have prepared an 'Infrastructure Delivery, Phasing & Funding Plan' which performs the role as the 'Infrastructure Delivery Plan'...

Reason

Consistency of terminology of documentation.

MM81 (Main)

Part Justification

Modification

Amend third paragraph on page 131:

"Essex County Council, working with CCC and TDC, were successful in attracting funding under the Housing Infrastructure Fund (administered by Homes England) forthedelivery of the first phase of the A120-A133 Link Road..."

Reason

For clarity in relation to the current position in respect of the works that the Housing Infrastructure Fund was being related to.

MM82 (Main)

Part Monitoring

Modification

Add additional paragraphs before the table of objectives & indicators:

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 Planwill reflect a combination of policy requirements, the indicators monitored in the Councils Authority Monitoring Reports (AMR) andwill be are linked to the Sustainability Appraisal (SA) Framework. The table below outlines the Councils monitoring objectivesand will evolve over time as the monitoring indicators evolve., relevant Plan policies and monitoring indicators. The AMRs will be used to report the performance of the Plan as well as recommending any actions required to ensure the delivery of the DPD.

Monitoring will be undertaken on an annual basis, with the result being published at the end of each calendar year within both Colchester City Council and Tendring District Council 'Authority Monitoring Reports' (AMRs). Information on the following objectives and indicators will be collated and assessed by the Councils. The AMRs will contain consistent information on the implementation of policies and the delivery of new development and supporting infrastructure. Where necessary the information will be tailored to the need of each separate Council and AMR approach. The monitoring will have a particular focus on the delivery of development, floorspace and land use change, alongside securing wider policy objectives in relation to infrastructure delivery.

The Councils will also ensure that appropriate monitoring frameworks and approaches are established through the determination and approval of planning applications for the Garden Community, with the associated use of planning conditions and other control mechanisms such as S106 agreements to ensure that appropriate monitoring is undertaken and information provided as the Garden Community is built out.

Reason

The Councils consider the additional text provides further clarity as to how the effectiveness of the DPD will be monitored over time.

MM83 (Main)

Part Monitoring

Modification

Monitoring Indicator of SA Objective 9 on page 134, to be updated as follows:

Percentage of journeys to work, to education (and other land uses) by walking and cycling and percentage of journeys to work by public transport.

Reason

Tim Batts-Neale Rep ID.249

Clarification of text.

(1) MM84 (Main)

Part Monitoring

Modification

Monitoring Indicator of SA Objective 7 on page 133, to be updated as follows:

All permissions granted which affect a designated and/or non-designated heritage asset, and/or archaeology sites are in accordance with the policy

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

Reason

Philip Robinson Rep ID.179

Clarification of text.

(1) MM91 (Main)

Part A and Justification Text

Modification

Remove all references to Community Infrastructure Levy

Part A - Point 1, Page 128:

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

Part A - Second para, Page 129:

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 to be the appropriate mechanism for securing land and works along with financial contributions where a sum for the necessary infrastructure is not secured via CIL.

Justification Text - First and second para, Page 131:

The Councils will seek contributions from developers to fund improvements to existing infrastructure and the environment and new infrastructure. Contributions will be made through Section 106 agreements which address the provision of affordable housing and 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 will be 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.

Reason

The CIL charging schedule will be considered separately from the DPD