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9 South Worcestershire Development Plan Examination Representation Form Additional Pages Consultation on Proposed Modifications to SWDP: 6 October 14 November 2014 South Worcestershire Councils Additional sheet(s) for responses to individual modifications to be appended to main form as required Please use a separate sheet for each modification response to enable the Inspector to consider your comments on each modification as promptly as possible. Consultation runs from Monday 6 th October to Friday 14 th November All comments should be received by 5.00pm on the 14 th November. (The following form can be edited electronically by clicking into the boxes and typing boxes should automatically expand as needed. Cursor marks will not affect the text or readability of the document) SWCs: October

10 Additional sheet for responses to individual modifications to be appended to main form as required South Worcestershire Development Plan Proposed Modifications: 6 October 14 November 2014 Please use a separate sheet for each modification number. Your Name / Organisation Name (if relevant) (for tracking purposes only) Chris May (Pegasus Group) on behalf of Persimmon Homes (South Midlands) 4. Which Proposed Modification does your representation relate to? Modification No. PM14 5. Do you consider the Proposed Modification to be legally compliant? Yes No No Comment X 6. If you consider the Proposed Modification to be unsound, please identify which test of soundness your comments relate to? (tick all that apply) Positively prepared X Effective X Justified X Consistent with National Policy X As mentioned above, these are the tests of soundness to which your comment(s) should relate: 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 reasonable 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; and Consistent with national policy the plan should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework. 2

11 Additional sheet for responses to individual modifications to be appended to main form as required Part A Please use a separate sheet for each reference number. Please give details of why you consider the Proposed Modification is not legally compliant or is unsound. Please be as precise as possible. If you wish to support the Proposed Modification please also use the box below to set out your comments. Please note - your representation should provide evidence and information to support / justify your representation and any suggested change. Your representation should relate only to the current Proposed Modifications. PLEASE SEE ATTACHED STATEMENT 3

12 Additional sheet for responses to individual modifications to be appended to main form as required Part B Please set out what change(s) you consider necessary to make the Proposed Modification legally compliant or sound, having regard to the test(s) you have identified above. You will need to say why this change will make the Proposed Modification legally compliant or sound. It will be helpful if you are able to put forward your suggested revised wording of any policy or text. Please be as precise as possible. Your representation should relate only to the current Proposed Modifications. PLEASE SEE ATTACHED STATEMENT 4

13 November 2014 BIR.3029 SOUTH WORCESTERSHIRE DEVELOPMENT PLAN PROPOSED MODIFICATIONS INCLUDING ADDITIONAL NEW HOUSING ALLOCATIONS Representations on behalf of Persimmon Homes (South Midlands) Pegasus Group Planning Environmental Retail Urban Design Renewables Landscape Design Graphic Design Consultation Sustainability

14 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications 1. INTRODUCTION 1.1 We are instructed to submit representations to the Proposed Modifications to the South Worcestershire Development Plan Proposed, on behalf of Persimmon Homes (South Midlands) who have a number of land interests in the Wychavon District. 2. NATIONAL PLANNING POLICY FRAMEWORK (NPPF) 2.1 The representations are made in the context of the requirement for development plans to be legally compliant and sound. Paragraph 182 of the National Planning Policy Framework sets out the tests of soundness, for a plan to be sound it needs to be: 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 reasonable alternatives, based on proportionate evidence; Effective the plan should be deliverable over its period and based on effective joint working on cross boundary strategies; Consistent with national policy the plan should enable the delivery of sustainable development in accordance with policies in the Framework. 2.2 The NPPF clearly sets out the Governments central approach of seeking to use the planning system to promote sustainable economic growth, deliver a significant increase in the supply of housing and to plan positively for new development. In particular, paragraph 19 sets out that significant weight should be placed on the need to support economic growth through the planning system. 2.3 In relation to housing, the NPPF contains a determination to see an increase in the supply of housing with Paragraph 47 stating that the Government s key objective is to increase significantly the supply of housing. The NPPF goes on at paragraph 47 to state that to boost the supply of new housing local planning authorities should: use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in the framework, including identifying key sites which are critical delivery of the housing strategy over the plan period; identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements and an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land November 2014 BIR.3029 Page 2

15 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications identify a supply of specific, developable sites or broad locations for growth, for years 6-10 and where possible, for years 11-15; 2.4 Paragraph 158 of the NPPF sets out the requirement that LPAs should ensure that Local Plan are based on adequate, up to date and relevant evidence about the economic, social and environmental characteristics and prospects of the area. 2.5 Paragraph 159 of the NPPF states that local planning authorities should prepare both a Strategic Housing Market Assessment (SMHA) and a Strategic Housing Land Availability Assessment (SHLAA). These two documents are described as critical in providing the credible evidence on which development plans can be based. 2.6 To summarise the NPPF sets out the Government s central approach of seeking to use the planning system to promote sustainable economic growth, deliver a significant increase in the supply of housing and to plan positively for new development. 3. SOUTH WORCESTERSHIRE DEVELOPMENT PLAN 3.1 It is noted that South Worcestershire Development Plan will guide development in the South Worcestershire Councils (SWCs) up to Submission Development Plan Document 3.2 The Proposed SWDP was submitted to the Secretary of State in May The Stage 1 Hearing commenced in October 2013 and as part of the Inspector s Interim Conclusions (October 2013) the Inspector requested that SWC undertake a review of the Objectively Assessed Housing Need work (OAHN) to provide a reliable and up to date basis for the determination of the SWDP housing requirement. The assessment undertaken utilised the latest official population estimates and three new employment forecasts and was submitted to the Examination in March The assessment presented a number of scenarios with projected levels of housing growth the SWC considering Scenario 3 being the most realistic option. The Stage 1 Examinations reconvened in March The Inspectors Further Interim Conclusions (31 March 2014) recommended an increase in the housing figures for the SWC from 23,200 to 28,370. The Inspector recommended that the Council s adopt the figures as representing the full, objectively assessed need for housing over the plan period, and as a basis for making provision for housing in the plan in accordance with national planning policy and guidance. November 2014 BIR.3029 Page 3

16 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications Addressing the uplift in OAH: Housing Supply Evidence 3.2 As part of the approach to meet the higher number of dwellings set out by the Inspector, SWC undertook a number of exercises as detailed in full within section 7 of the SWDP Housing Background Paper: Addendum October Paragraphs 7.14 to 7.15 set out how SWC considered increasing the housing supply. This resulted in the SWC having regard to the following potential sources as set out in paragraph 7.14 (Housing Background Paper, Addendum October 2014): 1. Extension and/or intensification of the existing SWDP allocations sites: 2. Omissions sites put forward by developers but not currently allocated in the SWDP; 3. Current planning housing applications and paid pre-application advice sites (including sites approved but subject to completion of s106 agreements0; 4. Planning permission on sites post submission of the SWDP, including those allowed on appeal; 5. Sites submitted to the Strategic Housing Land Availability Assessment (SHLAA) for evaluation since its last publication (December 2012); 6. Other sites identified recently by the three SWC, including surplus public sector sites, vacant and derelict land and buildings and local authority property; and 7. Sites submitted under the Call for Sites carried out after the Stage 1 Examination Hearings (March/April 2014). 3.3 Paragraph 7.15 of the Addendum, October 2014, states that the SWC considered that data already held in relation to the above points 1 to 6 provided a comprehensive database from which to formulate Proposed Modifications. However, given the publication of National Planning Practice Guidance in March this year, which promotes the importance of up to date consultation on housing availability it was agreed to undertake a comprehensive call for sites exercise across South Worcestershire. 3.4 In terms of site assessments, paragraphs 7.17 to 7.24 set out the approach undertaken by SWC which initially included a SHLAA based approach for absolute constraints such as severe flood risk which excluded sites where such risks could not be avoided. This was followed by an initial screening of possible additional sites to identify the sites most suitable to address the housing uplift. The screening process included criteria associated with compatibility with the SWDP strategy and significant site or locational constraints. Paragraph 7.18 sets out that the sites carried forward as potential allocations, after applying published criteria set out in the SHLAA, were subject to more detailed assessment and consultation, including Transportation Modelling and Sustainability Appraisal. The results of those sites that passed the sieves and tests are included as Proposed Modifications as set out in the Site Assessments The sites recommended for inclusion in the SWDP identified are in the Schedule of Proposed Modifications. November 2014 BIR.3029 Page 4

17 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications 3.5 The sites that SWC have not carried forward are listed in Appendix 2 Schedule of Potential Housing Sites considered and rejected following the Objective Assessment in addition to the separate document titled Schedule of Errata to Schedule of Proposed Modifications. Paragraph 7.20 sets out that Appendix 2 provides a high level statement setting out succinct reasons for rejection but goes on to state that the reasons stated do not necessarily reflect all site-specific constraints that may exist. 3.6 The Addendum goes on to set out that although there was a strong response to the call for sites for Wychavon and Malvern Hills, the impacts of sites consented since the SWDP was submitted means that it has not been necessary for the SWC to draw heavily upon those potential sources. In relation to Wychavon, paragraph 7.22 sets out that it was not to necessary utilise the additional potential capacity to allocate new sites over and above those sites now committed or approved. New Supply Total 3.7 The new supply for South Worcestershire is 28,649 with revised housing tables Table 2 to 5 set out within the Addendum and contained in the Schedule of Proposed Modifications, as Proposed Modifications PM 12 to Policy SWDP 3 Table 4e. Paragraph 7.28 of the Addendum sets out that the Total supply figure of 28,649 with the SWDP target of 28,400 (which rounds upwards of the 28,370 dwellings recommended by the Inspector) indicates that the housing supply provides some overall flexibility associated with deliverability of sites over the plan period. 3.8 Two Housing Trajectory Update Tables are provided in the Addendum which aggregate the Sub Area information into South Worcestershire totals, by planning status (Table 6a) and by supply source (Table 6b). Four Diagrams are also provided (Diagrams 1-4) which show the forecast housing supply. For the Wider Worcester Area this shows that 5,171 dwellings of the total forecast supply of sites will be made up of urban extensions outside of the city, 587 are new sites identified in the Proposed Modifications and 717 dwellings is the windfall figure. Diagram 4 shows the Wychavon (ex WWA) forecast with 2,749 being completions, 4,867 dwellings are existing commitments, 1,166 dwellings being Submission SWDP allocations whilst 958 dwellings are expected to come forward as windfall and there are no new allocations without permission. Paragraph 7.31 of the Addendum sets out that all Sub Areas have significant proportions of their targets met by completions and commitments, particularly Wychavon, where completions and commitments include sites recently allowed on appeal. November 2014 BIR.3029 Page 5

18 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications Revised SWDP 3 Housing Supply 3.9 The Addendum sets out that the evidence on supply contained in the housing trajectories and summarised in Table 2 to 5 form the basis for Proposed Modification PM 12 to SWDP Table 4e on housing supply (this supersedes the analysis contained in section 9 of the Housing Background Paper 2012). For the Wychavon Sub Area the forecast supply has increased from 9,042 to 10,768 dwellings achieved through including sites that have been granted permission or have a resolution to grant, sites allowed on appeal as new allocations proposed within the Proposed Modifications, in addition to the intensification on submitted SWDP allocations. As such the Proposed Modifications to the SWDP proposed no new site allocations (which do not have planning permission or a resolution to grant) as in the Wychavon Sub Area on the basis that the LPA consider that the policy on housing requirement has already been exceeded by supply from other sources. Proposed Modification 12 SWDP 3G Table 4e 3.10 PM12 provides a replacement Table 4, Total Overall Provision which reflects the SWCs proposal to accommodate additional housing in accordance with the uplift in numbers arising from the revised housing provision targets in accordance with the Inspectors Further Interim Conclusions (March 2014). For the Wychavon (excluding WWA) the revised table includes higher completions and commitments and a slightly lower windfall allowance of 958 compared to 963 contained in the Submission Plan. Response: 3.11 Previous representations have been made on behalf of Persimmon Homes to all of the stages of the SWDP, namely the Preferred Options SWDP; Significant Proposed Changes to the SWDP and Submission SWDP which reinforced the need to boost the supply of housing. Particular reference was made to Paragraph 47 of the NPPF to boost significantly the supply of housing with LPAs advised to use their evidence base to ensure Local Plans meet the full, objectively assessed needs for market and affordable housing and to identify and annually update a supply of specific deliverable sites sufficient to provide five years worth of housing with an additional buffer of 5% to ensure choice and competition in the market for land (where there has been a persistent under delivery to increase the buffer to 20% buffer). November 2014 BIR.3029 Page 6

19 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications 3.12 A recent Secretary of State Decision relating to two Appeal Decisions on Land North of Pulley Lane and Newland Lane, Newland, Droitwich Spa (APP/H1840/A/13/ ) and Land at Pulley Lane (APP/H1840/A/13/ ) should be taken into consideration. These Appeal Decisions in July 2014 reveal that Wychavon District is unable to demonstrate a 5 year supply of housing. In both appeals for 500 dwellings and 265 dwellings respectively, the inspector set out at paragraph 8.56 that if the Appellants case is accepted on both requirement and supply the figure would only be 1.83 years supply and even if the Council s supply figures were used, the supply would be between 2.83 and 3.76 years, with or without SWDP sites. The Inspector and subsequently the Secretary of State set out that the Council does not have a 5 year supply. This was also the case an earlier appeal for 50 dwellings Leasowes Road and Laurels Road, Offenham (APP/H1840/A/13/ ) where the Inspector set out that the Council was unable to robustly demonstrate a 5 year housing land supply for Wychavon It is considered that a continued reliance on windfall as contained in PM12 does not fulfil the requirements to boost significantly the housing supply. We object to the windfall allowances as we do not consider that the SWCs have produced compelling evidence that such sites have consistently become available in the local area and will continue to provide a reliable source of supply, as required by Paragraph 48 of the NPPF. There are suitable available sites within the rural areas of Wychavon that could be allocated for future housing development, providing a plan led approach rather than sites coming forward outside of the Development Strategy. As such it is considered that PM12 is unsound as the Plan will not be effective in delivering an adequate supply of housing and is not consistent with the Framework in ensuring the delivery of sustainable development In addition, heavy reliance on large Strategic Urban Extensions may also lead to the plan not being effective particularly if there are any delays in these sites coming forward. In circumstances where supply falls below a 5 year housing requirement, there needs to be provisions in place for Wychavon to correct the situation. It is considered that there should be adequate provision made within the SWDP now for additional new site allocations in all of the separate Authority Areas and in particular in the Rural Areas of Wychavon to support the delivery of sustainable development that is consistent with the policies in the NPPF It is suggested that the inclusion of further sites is required to ensure the Plan is effective and sufficiently flexible in ensuring the deliverability of sustainable development consistent with the objectively assessed housing needs. Land at Salt Way, Hanbury 3.16 This site (Appendix 1) is identified as site in the Strategic Housing Land Availability Assessment (CD 099). Hanbury is one of Wychavon s Category 3 Villages. The site is capable of delivering approximately 40 dwellings. Technical evidence has been prepared to demonstrate that there are no physical constraints to delivery and it is considered that the site represents a sustainable November 2014 BIR.3029 Page 7

20 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications option for future housing development which would assist in meeting local housing and future housing needs and would assist in sustaining existing services and facilities within the village. Notwithstanding the recent refusal of planning permission, taken in the context of current policies, the site offers the only realistic site for development outside the Green Belt at Hanbury and should be allocated accordingly. Land at Newland Road, Droitwich 3.17 Planning permission was granted on appeal on 2 July 2014 to Persimmon Homes for the construction of up to 265 dwellings on land off Pulley Lane/Newland Road, Droitwich. There is the potential for additional land to come forward for development in immediate proximity to the site granted permission at appeal, as illustrated on the attached plan (Appendix 2). Pulley Lane represents the long term, defensible edge to the built up area of Droitwich in the context of the recently approved schemes. We note the Council propose to Modify the plan to include these consented schemes, and, in the light of the conclusions as to the sustainability of development at this location, extending the scope of the sites to included the land shown hatched on the attached plan would be entirely appropriate and help to deliver housing numbers as part of a planned wider development. Proposed Modification 14 SWDP 3l 3.18 PM14 seeks to respond to paragraph 86 of the Inspector s Interim Conclusions on the Stage 1 Matters and paragraph 64 of the Further Interim Conclusions guidance advice. The amendment seeks to ensure that a rolling five year supply of deliverable housing land is maintained. It is set out that the five year supply will be maintained independently within each of the sub-areas set out in SWDP 3D. Response: 3.19 In our view the main modification PM14 proposed by the South Worcestershire Councils is not an effective approach for managing housing supply within the three authority areas. We consider the principal matter to be the importance of each of the three authorities being able to monitor, on an annual basis, its overall housing requirement and housing land supply against that requirement, as set out in the Framework If the approach is to separately identify requirements for the Malvern Hills and Wychavon within and outside the Wider Worcester Area (WWA), this will firstly require a clear boundary established for the WWA in those respective authorities. There will also be a clear requirement to identify the housing requirement within the WWA, within each of the two authorities. If the monitoring of the five year land supply position within these areas is to be undertaken in accordance with Paragraph 47 from the Framework, these are essential requisites. However, there are further difficulties that would arise The difficulty of separately monitoring for areas both within and outside the WWA in both Malvern November 2014 BIR.3029 Page 8

21 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications Hills and Wychavon will relate to the extent to which each authority can ensure the delivery of the relevant housing requirement in the area within the WWA in accordance with the requirements at Paragraph 47 from the Framework. In circumstances where supply falls below a five year housing requirement in the WWA, the question arises as to what remedies will be open to Malvern Hills and Wychavon in order to correct this situation. The WWA is such a small area, it would be impossible to maintain a rolling five year supply if issues were experienced with the proposed allocation within this sub-area. In other words, within the WWA which sites can be brought forward from later in the plan period in order to make up the deficit? 3.22 In our view it seems the only appropriate way to deal with this matter is for it to be clear that, whilst within the WWA in each respective authority there is a specific housing requirement identified and allocations to meet this requirement also proposed, in the event that supply does not come forward such that a five year housing supply can be successfully demonstrated by each respective authority, the remedy must extend to the whole of that local authority s area. It cannot be the case that failure to demonstrate a five year supply of deliverable housing land within the respective WWA areas of Malvern Hills and Wychavon does not lead to corrective action in accordance with the requirements of the NPPF. A modification to SWDP3 I is therefore required to ensure that responsibility is taken for ensuring a five year supply of housing land across each of the constituent parts of the South Worcestershire Councils areas by local authority boundaries. 4. SUMMARY 4.1 It is important that to ensure that for the SWDP to be is effective, that a mix of different sites in different locations to provide a different housing offer should be identified as proposed allocations. In relation to PM 12, it is considered that modifications should be made to the housing supply figures set out in Policy SWDP 3 Table 4e. In particular as has been set out, we object to the heavy reliance on windfalls particularly within Wychavon and consider that a more effective plan led approach would be to allocated suitable available site. We note that this will be the subject of further consideration when the Examination resumes and consideration is given to Omission sites. 4.2 Land at Salt Way, Hanbury and Newland Road, Droitwich are considered to be sustainable locations and are well placed to meet the housing needs in the area. In addition it can be demonstrated that there are no known constraints to development. Additional work if required will be undertaken to evidence the suitability of the sites for development for the next stage of the SWDP Examination. In addition, it is clear that there is limited capacity within the current development boundaries of the Main and Local Service Villages to deliver housing to satisfy the Districts objectively assessed housing requirement. 4.3 We would welcome discussions with Officers in relation to these proposals. November 2014 BIR.3029 Page 9

22 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications APPENDIX 1 Site Location Plan Salt Way, Hanbury November 2014 BIR.3029 Page 10

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24 Representations on behalf of Persimmon Homes (South Midlands) South Worcestershire Development Plan Proposed Modifications APPENDIX 2 Site Plan Land at Newland Road, Droitwich November 2014 BIR.3029 Page 11

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