East Herts District Plan Part 1: Strategy Sieve 5: Strategy Testing Land Owner/Developer Questionnaire ugust 2012
rea of Search: 20. Ware East Sub-rea Call for Sites Ref: 05/020 (as subsection of larger submission 44/005 (Part)), and 44/005 (Part). Site Name: Land to the east of Ware Landowner/Developer/gent: Sworders Number of dwellings suggested for whole of short-listed Sub-rea B (for land subject of this submission) = Part of 3,000 dwellings (at 20 dwellings per hectare) if Ware North is also included. General Questions Q1 re you the correct contact for this area of land? If not, please provide details (where known) of the person/s now responsible. Yes Q2 re you still interested in promoting this land for development? Yes Q3 re there any landowner/developer legal agreements in place regarding options for the future development of the land? The land is available for development. To date there are no development agreements in place with a third party promoter. The land is being promoted by Sworders as planning consultant for the Landowner. The SHL Guidance (paragraph 39) states that a site should be considered available if,...it is controlled by a housing developer who has expressed an intention to develop, or the landowner has expressed an intention to sell. The Landowner has accepted Sworders recent recommendation that the planning process is now sufficiently advanced for interest in the site from the development industry to be at a level where it is expedient to approach the market to seek a third party promoter to build on the initial promotion work undertaken by Sworders. However, notwithstanding this the Landowner has, in any case, sufficient resources to continue promoting the site for development. Q4 re there any legal agreements in place or will any be required with neighbouring landowners to enable development to proceed? If so, please detail. 2
The site is situated immediately to the east of Ware, adjoining the urban development boundary. East Herts have assessed development at Ware East only for the delivery of large scale development in conjunction with land to the North of Ware, with access via a relief road directly from the 10/1170 (East Herts scenario C on page 321 draft District Plan Part 1: Strategy Supporting Document Chapter 4). On the basis of development at the level proposed under East Herts Scenario C, agreement between the Landowners would be required to deliver a comprehensive mixed use scheme comprising all necessary infrastructure and services. Preliminary discussions have taken place between Sworders, on behalf of their Clients at Ware North and Ware East, and Leach Homes concerning a coordinated approach to larger scale development around Ware. The landowners are willing in principle to work together to deliver a comprehensive scheme. t the point at which the planning process is sufficiently advanced, it is expected that a formal consortium agreement would be signed. The distribution of proceeds from the scheme as a whole between consortium members would be dealt with in an equitable manner in line with usual practice for agreements of this type. Sworders has considerable experience in advising Landowners on consortium agreements throughout the southeast and the Midlands over a 20 year period. We would not anticipate that, given the market value for housing land in East Herts and the in principle discussions to date, any reason why commercial terms would be problematic to achieve in this instance. In addition to a scenario where all three parties (Leach Homes and Sworders two Landowner Clients) had land allocated for residential development (ie Scenario C), consortium arrangements could also provide a framework under East Herts Scenario B for the delivery of a sewer across land to the east of Ware and the expansion of Priors Wood School (please see question 20 for additional information in this regard). Q5 Please confirm which use/s you are proposing for this land. Development at the scale proposed under Scenario C would need to comprise a fully mixed use sustainable community with housing developed alongside neighbourhood facilities, neighbourhood convenience retailing and adequate school facilities and potentially employment land (subject to East Herts input given concerns about undermining the viability of existing allocations). Substantial green infrastructure could also be provided. There are no restrictions proposed on the use of the land by the Landowners and an appropriate distribution of uses will be determined through a detailed masterplanning process. 3
Please note that the Landowner controls additional land to the east of that promoted for development, which is also available if required. s such we do not foresee any restrictions on masterplanning the site to provide the necessary mix of uses (including the potential requirement for additional secondary schooling which is discussed in more detail in the following questions). Q6 If proposing residential use, what level of housing development would you envisage delivering by 2031? Please also provide a suggested annualised schedule of realistic dwelling build rates to 2031 and beyond, indicating critical dependencies in terms of infrastructure provision. If you have an alternative suggested dwelling density scenario to that detailed at the top of the page, please state the proposed total figure that you would wish to see considered and the reasoning behind your approach to the density you have selected. The table set out below sets out indicative housing delivery to 2031 for a 3000 house scheme to the north and east of Ware (ie Scenario C) together with an annualised schedule of rates and critical dependencies in terms of key infrastructure provision. The figures clearly cover the entirety of the land to the north and east (ie that which would be covered by the Landowner consortium). The table assumes a six year period from allocation in which to deliver the new sewer to the east of Ware. Since draft District Plan Part 1: Strategy Supporting Document Chapter 4 sets out that only 200 houses can be delivered at Ware North prior to this sewer being constructed the start of development is delayed until 2018. Clearly, if it were possible to deliver the sewer sooner this would bring forward the start of development on site. The schedule assumes that the link road to the east of Ware is delivered following the construction of 900 houses. t this point development to the east of Ware would be able to come forward. With construction in two locations the delivery rate can rise to 300 pa (150 pa in each location). It is of course possible that sufficient existing capacity would facilitate some early delivery at Ware East, however as the detailed transport work has yet to be completed, our delivery figures have not relied upon this. Year Scenario C (dwellings pa) Notes 2013 2014 Site llocation 2015 Planning Consent 2016 2017 4
2018 50 2019 100 2020 150 Sewer Delivery @ 200 houses 2021 150 2022 150 2023 150 2024 200 Eastern link road 2025 250 2026 300 2027 300 2028 300 2029 300 2030 300 2031 300 Total 3000 Density The density suggested is not unreasonable, however we would highlight that in our view 20 dph is a standard assumption which would only deliver sufficient land for a standard scheme ie the delivery of primary education, open space, neighbourhood facilities and roads infrastructure. ny site specific items (for example at Ware potentially a relocated and enlarged secondary school, or employment land) would require additional land in excess of that suggested by these densities. s such, a suitable allowance would need to be made for these items before lines are drawn in draft plans. Q7 Would any mixed use development be proposed for the site? If yes, please provide details. If no, please detail how development at this location would relate to existing employment opportunities and how it would be expected to complement rather than undermine these enterprises. Development of the scale being proposed under Scenario C would need to be a mixed use sustainable community with housing developed alongside neighbourhood facilities, neighbourhood convenience retailing and adequate school facilities. Sufficient green infrastructure will need to be provided. East Herts have identified the potential for employment land within the scheme and our Client is supportive of this possibility as part of a mixed use scheme if the LP consider such provision is expedient in terms of preserving the viability of existing employment areas to the south east of the town. In terms of complimenting the existing employment areas, under Scenario C the proposed link to the B1004 would provide a direct link for those employment areas situated to the south east of Ware to access the 10 without passing through the congested town centre, which is likely to considerably add to the attractiveness of 5
these locations for businesses. Q8 Q9 Have you reached agreement with the Highway uthority over means of vehicular access to the site? If yes, please provide details. If no, please detail proposed vehicular access arrangements and advise of any discussions held with the Highway uthority to date. Detailed discussions have not been undertaken with the Highway uthority, however, our Client controls a considerable area of land to the east of that promoted through the Call for Sites, both to the north and south of the B1004. s such, it is expected that a suitable connection point and any highways upgrades could be agreed with the Highways uthority on land within our Client s control. How would you envisage any future residents being able to access bus services from the site? Please provide details of closest bus stop/s, any proposals for direct bus access into the site, etc, and in the case of proposed direct bus access whether such proposals have been discussed with Hertfordshire County Council s Passenger Transport Unit. Development to the east of Ware at the scale of Scenario C would need to provide neighbourhood facilities, including primary school provision, within the development area itself. It would also be of a scale sufficient to require contributions to fund extensions to the existing bus network into the scheme to serve new bus stops. Q10 What proposals are there to ensure pedestrian/cycle linkages from the site with the wider settlement area? Detailed proposals have not been assessed. s with the answer to question 9 above, development to the east of Ware at the scale of Scenario C would require investment into linkages into the town in so far as opportunities to do so were available. Q11 What key items of infrastructure or services do you consider are necessary to enable delivery of the site? These may include, but not be limited to, such matters as highways infrastructure, drainage/waste water infrastructure, green infrastructure, community facilities, educational provision, community energy, etc Development to the east of Ware at the scale of Scenario C would need to be a mixed use sustainable community with housing developed alongside neighbourhood facilities, neighbourhood convenience retailing and adequate school facilities and, should this be deemed appropriate given the desire to avoid competition with existing sites, employment land. Sufficient green infrastructure will need to be provided. The District Plan Part 1: Strategy Supporting Document Chapter 4 Places draft 6
presented to the Local Plan Executive on the 26 th July sets out a number of site specific constraints including waste water infrastructure, highways connections and primary and secondary school facilities. In regard to education, there is sufficient land within my Clients ownership for the provision of new schools. development to the east of Ware at the scale of Scenario C would be expected to provide new primary schools as part of the development and potentially contribute to the expansion of others (including Priors Wood). Secondary school provision will also need to be addressed. ny solution will also need to reflect the scale of development across both Hertford and Ware together given they form one schools planning area. Potential solutions could include the expansion of the existing schools on their current sites should sufficient appropriate land be available, the relocation and expansion of an existing school (with the funding for which partially coming from the redevelopment of the existing school site as well as through contributions from proposed development) or the establishment of a satellite campus of an existing school to serve a particular part of the age group (a separate sixth form for example) which would free up space for expansion on the existing site for the remaining age groups. From our experience elsewhere, discussion with the Heads, Governors and LE of the schools affected will be required to ascertain the appropriate parameters within which potential solutions can be explored. Our Clients have sufficient land availability to deliver an on site secondary schools solution, should this be required. On the basis of preliminary work undertaken by East Herts, development under both scenarios B and C would appear to require a new sewer to the east of Ware. The issues surrounding the provision of this sewer are discussed in more detail elsewhere in this questionnaire response. Q12 Q13 Of these, which items do you anticipate delivering yourselves? What are the specific infrastructure items that you would you envisage making a financial contribution towards their delivery? Please identify and, where possible, indicate the approximate level of contribution in s. This section comprises a combined response to questions 12 and 13. Decisions as to how infrastructure is delivered will depend to a significant extent on the assessment of local capacities and the desirability and feasibility of expanding existing facilities. Questions 12 and 13 invite the formulation of a detailed appraisal of the available quantum for potential planning obligations. t this stage in the planning process 7
this is unrealistic. Both Ware East and North are greenfield sites in an affluent district, where the housing market has remained resilient despite current economic circumstances. s such, housing land as part of a scheme of this scale (and allowing for necessary infrastructure the introduction of CIL and other contingencies) in this district would be expected to still be able to make substantial six figure contribution per net acre of residential development. Whilst viability concerns would be appropriate in less robust housing markets we do not consider that in this case the level of planning obligations and infrastructure required to deliver the scheme would be at a level that would render the scheme unviable. Land and buildings for primary education and community facilities would be anticipated to be provided within the scheme, as would neighbourhood retail provision. Highways infrastructure and pedestrian and cycle connections would be expected to be funded by the scheme itself as would the provision of green infrastructure and associated commuted sums for maintenance. t this stage in the process and without detailed engineering assessment it would be inappropriate to try and estimate the cost of the sewerage solution, however from experience elsewhere we would not expect delivery to be a show stopper for either Scenario B or C. Sufficient land is also available to enable an on site treatment solution to be explored with the Environment gency if such were considered appropriate and perhaps help reinforce the exiting sewerage infrastructure provision. Therefore whether contributing to the upgrade of existing treatment works and connection pipes thereto or delivering a site based scheme, the expectation would therefore be that the scheme would be able to facilitate the delivery a suitable sewerage solution to overcome the sewerage constraint. In terms of secondary school provision, our Clients have sufficient land availability to deliver an on site secondary schools solution, should this be required. In terms of funding construction on a new site, or expansion of existing schools, any secondary school solution will be part of the Hertford and Ware Schools planning area, and as such will facilitate the delivery of housing across both towns. s such, contributions from development across Hertford and Ware, including from development at Ware North, would facilitate delivery. The provision of land for affordable housing plus a contribution, or the delivery of a number of completed dwellings, would be by negotiation dependent on the tenure mix and required percentage. ppropriate contributions would be expected to be made for Herts County Council services where on site provision was not considered appropriate (Libraries, Youth Services, dult Care etc). Where services were expected to be provided on site sufficient land exists under the control of our Clients to permit the delivery of land as well as appropriate contributions. 8
Q14 Please indicate which of the following utilities are currently available to the site. Please also detail whether discussions have been entered into with the relevant utility provider and your understanding of the acceptability in principle of provision for the level of development proposed. Mains water supply? Y/N new supply would be required into the site. The Water Cycle Study sets out in detail at paragraph 5.3.2 the situation in regards to the supply of potable water within the Rye Meads catchment, indicating that no strategic constraints exist. For ease of reference we reproduce this in full below. 5.3.2 Water Supply Infrastructure Capacity TVW has large diameter strategic mains that can be utilised to supply potable water to all development areas in the Rye Meads Catchment Water Cycle Strategy study area that falls within TVW s supply area. Provision of the necessary infrastructure to supply individual housing growth areas will be facilitated further by detailed network analysis to ensure that sufficient and suitable diameter mains extensions are provided from the strategic mains network to maintain minimum statutory flows and pressures at individual properties, both new and existing, at all times. TVW have stated that there are no strategic water supply network restrictions that will prevent or defer the normal requisitioning process beyond the length of time required to install and commission the necessary supply infrastructure utilising the current powers accorded to all water undertakers in England and Wales. t a Water Resource Zone level, TVW have no strategic supply network restrictions that will prevent provision of suitable and sufficient water to existing properties whilst simultaneously providing for the growth in demand from the projected population and housing growth within the study area. The provision of water supplies to new homes is subject to the requisitioning process described in sections 90 to 92 of the Water ct 2003 and will require the installation of new infrastructure to supply the new development. TVW have stated that their network modelling has identified the infrastructure required in the Northern WRZ and this includes distribution mains, boosters and a small covered treated water storage reservoir. TVW do not envisage any complications in funding these improvements through the developer requisition process. Depending on the size of the installation required, anything from one to five years will be needed for the planning and installation of connections for new strategic developments. The difference between the costs of these upgrades (including reinforcement to the existing network to ensure adequate capacity) and the predicted revenue from the 9
new customers can be passed onto developers using Requisitioning greements. The amount charged is referred to as the relevant deficit, and can be paid over a 12 year period, or immediately following the work, one lump sum discounted to a net present value. The provision of this infrastructure will be phased in accordance with the program of planning applications and subsequent requisitions recovered from developers. However, it is not envisaged from the information available that there are any significant engineering or planning issues, which may prevent the infrastructure being provided in a timely manner. In conclusion, TVW should be consulted during the preliminary site selection process for those councils that have not yet selected their large strategic sites in order to ensure the supply of water to these developments. This will enable TVW to plan upgrades in advance and decide whether the supply will be sustainable and achievable in the time required. Detail any discussions with utility provider: No further discussions have been undertaken with Three Valleys Water. Mains water sewerage? Y/N East Herts are aware of the sewerage constraints at Ware and further discussion in regard to this issue is outlined elsewhere in this questionnaire response. Detail any discussions with utility provider: No further discussions. Electrical supply? Y/N new supply would be required into the site. We would not anticipate that the delivery of electricity to the site would be sufficiently problematic to become a show stopper. Detail any discussions with utility provider: None Gas supply? Y/N new supply would be required into the site. We would not anticipate that the delivery of gas to the site would be sufficiently problematic to become a showstopper. Detail any discussions with utility provider: None. Q15 re there any known physical constraints that would need addressing prior to development (e.g. contaminated land, risk of flooding etc)? 10
If so, what impact would these constraints have on the ability to deliver development and what, if any, measures have already been taken towards addressing these issues? The land is in agricultural (arable) use and outside floodplains. Chapter 4 of the draft District Plan Supporting Document (page 301) states that there would be significant wildlife concerns associated with developing at Ware East. This appears to originate from the situation of a Local Wildlife Site within the development area. s outlined above, our Clients control land extending significantly further to the east than has been put forward to the Call for Sites. s such there is more than adequate land within the Landowner s control to ensure the masterplanning process can protect and enhance existing wildlife areas and corridors. Chapter 4 also highlights the loss of areas of Environmental Stewardship. It should be noted that this relates to a European agri environment scheme which is entered into by farmers for a limited period (it is not permanent). The schemes work on a whole holding basis whereby certain management regimes or land uses generate points towards a required total. s such, whilst land can be in a stewardship scheme there may be no environmental management regimes taking place on it (as these are taking place elsewhere on the holding). Moreover, the type of management activities that attract points for open agricultural land in arable use are non permanent activities such as restrictions on the timing of cutting hedges, ditch management or keeping uncultivated margins in field corners. The maximum length of any scheme is 5 years and land can be taken out of such schemes in certain circumstances that further shorten their duration. s such, the existence of such Stewardship schemes should not be regarded as a constraint to development given they do not lead to the creation of permanent habitat and are relatively low key in nature. Q16 re you aware of any wildlife or protected species, either directly on the site or in close enough proximity that development may affect them? If so, what mitigating measures would you propose? The land under our Client s ownership comprises predominantly open agricultural land in arable rotation with limited hedgerows and trees. These areas offer limited habitat for protected species. There are limited areas of woodland and more extensive hedgerow which would offer a higher value habitat. Whilst a phase 1 environmental survey would need to be undertaken to ascertain the presence or absence of protected species, it is likely that, given the extent of additional land under our Client s ownership which extends significantly further to the east than has been put forward to the Call for Sites, there is more than adequate land within the Landowner s control to ensure the impacts of development can not only be mitigated but potentially enhanced by a combination 11
of enhancing habitat elsewhere on the holding and providing and integrating habitat through green infrastructure within the scheme masterplan. Site Specific Questions Q17 In the event that your land (or part thereof) is selected for inclusion in the development strategy and should it be deemed appropriate to combine this area with land in another ownership, would you be willing to work in collaboration with other landowners in the wider area to form a consortium to help deliver development? Yes. Please see our answer to question 4. Q18 If this Sub-rea were to be progressed in conjunction with development to the north of Ware, the Highway uthority would require the provision of a link road from the Widbury Hill area to the 1170/10 locality to serve the entire development and to provide alternative routes to relieve pressure on the town centre. Has this infrastructure provision been accounted for in your proposals and what effect, if any, would this have on the timescale for delivery? s set out in our answer to question 4 above, the Landowners around Ware are in agreement to the principle of working together. Our responses to questions 11, 12 and 13 set out how the provision of the link has been taken into account and we have set out in our response to question 6 the interaction between the timing of the delivery of the link road and the delivery of the housing. The link road is assumed to be delivered after the construction of 900 houses at Ware North (accessed from the 10/1170 roundabout), at which point delivery at Ware East could commence. Development at two locations would increase the delivery rate. Q19 n education deficit has been identified in Ware. Should development to the East of Ware not be progressed, but development to the North of Ware be selected as part of the development strategy, would you be prepared to allow for the expansion of Priors Wood School within land forming part of this submission? s set out in regard to our answer to question 4 above, the Landowners to the north and east of Ware are in agreement in principle to work together and such a framework could deliver the expansion of Prior s Wood School under both scenarios B and C. Q20 There are waste water constraints that would involve the need for the construction of significant new sewerage infrastructure to enable development to the North of Ware to proceed. The preferred route of Thames Water would be the construction of a new sewer to link into existing provision to the east of the town. Would this be acceptable as part of the larger proposal under consideration for up to 3,000 dwellings to the North 12
and East of Ware and, as it would serve both locations as part of combined development, what contribution to its provision would you envisage making? Yes, this would be acceptable as part of the larger proposal under consideration (Scenario C) and also as part of the smaller proposal (Scenario B) given the provision that could be made within a consortium arrangement (see our answer to question 4). The appropriate proportion of contribution will depend on the scale of development and consortium arrangements between the Landowners within the overall scheme. s set out in our answer to question 4 above, we would not anticipate that reaching commercial consortium terms between the Landowners would be problematic given the in principle discussions to date. East Herts would be presented with a single proposal from the Consortium rather than having to negotiate with separate parties. Q21 Should development to the East of Ware not be progressed, but development to the North of Ware be selected as part of the development strategy, would you be prepared to allow for the construction of this waste water infrastructure within land forming part of this submission? We have set out in our answer to question 4 that a consortium arrangement could deliver the necessary sewer easement and expansion to Priors Wood School under East Herts Scenario B. Whilst this remains the case, the delivery of these items under Scenario B could be made significantly more straightforward if residential development at a small scale were achievable under Scenario B on land to the east of Ware, at a level which would be appropriate within existing highways constraints. We note the conclusions reached in the draft District Plan Part 1: Strategy Supporting Document Chapter 4 in regard to development to the east of Ware. This concludes that (with our emphasis): Vehicular access to the sub area would need addressing as the capacity for existing junctions would be unable to accommodate significant levels of development There are also concerns in terms of access to bus services, where the larger part of this location is remote from the town centre and existing transport provision. The strategy supporting document is based on the conclusions of the Topic ssessments, which assessed Ware East at a planning assumption of at least 500 dwellings (our emphasis). Whilst Sworders submitted land to the Call for Sites on behalf of our Client at Ware East which could accommodate significantly in excess of 500 dwellings, the Call for Sites submission suggested 5 smaller sites directly adjoining the urban edge which could come forward in any combination and supplying between 17 and 97 houses 13
each and a possible total of in the region of 200 if all five were bought forward. The Topic ssessments did not consider these smaller sites either together or in isolation Ware East has only been assessed on the basis of providing at least 500 dwellings. It is clear that a development of say 17 dwellings to the immediate east of the urban boundary of Ware would not create material impact on the capacity of existing junctions. Further work would be required to ascertain the tipping point at which material impact occurs, however it is unlikely to be below 100 houses and could comprise the entire 200 proposed. Development at a small scale at Ware East, within existing highway capacities, would assist in ensuring the delivery of the necessary sewerage infrastructure and the expansion of Priors Wood School to facilitate development to the north of the town (although we would emphasise as we have outlined above that it is not a prerequisite). In this scenario (what could be termed a Scenario B plus ) coordinated delivery would remain via a consortium agreement between Landowners to the North and East (as it would under Scenario C), and as such East Herts would be presented with a single proposal (ie East Herts would not need to coordinate and negotiate two separate proposals). In terms of the conclusion in the Topic ssessments that the larger part of Ware East is remote from existing transport provision, notwithstanding that large scale development would be served by new routes, a smaller Ware East scheme would be as accessible to existing bus routes as small scale development to the north of Ware (as illustrated by figure 8.4 in the LDF issues and options consultation document) about which concern over distance from existing bus routes was not raised. 14