PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN. On behalf of Land Fund Limited. Our ref: 3471.

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1 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN On behalf of Land Fund Limited Our ref: 3471 January 2013

2 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN CONTENTS 1.0 Introduction 2.0 Conformity with the NPPF 3.0 Conclusions Date Issued: Document SUBMISSION DRAFT Status: Revision: 1 Author: JL Checked by: MC Authorised by: JL Hunter Page Planning Limited For Land Fund Limited Page 2

3 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN 1.0 INTRODUCTION 1.1 The consultation period for the Proposed Submission South Worcestershire Development Plan (SWDP) runs until 22 nd Febraury The role of the SWDP is to set out a long-term spatial vision, strategic objectives and policies to guide public and private sector investment up to The purpose of the consultation is to invite comments on the 'soundness' of the Local Plan. 1.2 Land Fund Limited has promoted land north of Hanley Road, Malvern Wells for development throughout the preparation of the SWDP. The site was submitted for inclusion in the Council s Strategic Housing Land Availability Assessment (SHLAA). The 2012 version of the SHLAA ruled the site in as its development would not have an adverse impact on the AONB. Other more sensitive sites were ruled out as being unsuitable. The SWDP allocates sites for development with AONB designations. 1.3 Policy SWDP2 establishes the development strategy and settlement hierarchy. This classifies Malvern as a second tier settlement, below Worcester, and on a par with Droitwich Spa and Evesham. Malvern includes Great Malvern and Malvern Wells which...will continue to be the focus of balanced growth in Malvern Hills and Wychavon. 1.4 Representations were made during the 'Significant Changes' consultation which identified concerns that the SWDP's dwelling requirement was not compatible with the National Planning Policy Framework (NPPF). 1.5 The NPPF sets out the tests of soundness with which the SWDP will have to comply. These are detailed in the following section. For Land Fund Limited Page 3

4 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN 2.0 LOCAL PLAN CONFORMITY WITH THE NATIONAL PLANNING POLICY FRAMEWORK (NPPF) 2.1 The NPPF was published in March 2012 and requires plan makers to positively seek opportunities to meet the development needs of their area and to meet objectively assessed needs, with sufficient flexibility to adapt to rapid change. 2.2 In order to be 'sound' the NPPF requires plans 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 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 Framework. 2.3 "To boost significantly the supply of housing", Paragraph 47 of the NPPF requires local planning authorities to 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 this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the plan period. Policy SWDP3 2.4 Policy SWDP3 sets out the employment, housing and retail provision requirement and delivery timeframes. These figures are based on a Strategic Housing Market Assessment (SHMA) produced by GVA and Edge Analytics in February 2012 (published in March 2012). The purpose of the SHMA is to provide a strategic view of housing supply and demand in all housing sectors up to For Land Fund Limited Page 4

5 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN 2030 and inform the SWDP housing requirements. However, it was produced prior to the publication of the NPPF in March 2012 and the SWDP has not taken the implications of NPPF paragraph 47 into account in interpreting the SHMA as described in the following paragraphs. 2.5 The SHMA reports its findings at County, District and ward levels. However, the SWDP fails to embrace this by not including a district wide housing figure for each authority. This prevents each authority from identifying '...a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer...' as required by NPPF paragraph 47. It is considered that the SWDP fails the test of soundness in terms of being compliant with national policy as expressed in the NPPF. 2.6 It is also noted that at paragraph 6.15 the SHMA considers "... the historical development response in meeting demand to identify potential capacity constraints", which is considered "... an important context in terms of policy taking forward the analysis presented in this section which primarily focuses on demand factors". Such an approach is not considered to be compliant with the NPPF's requirement "To boost significantly the supply of housing". It is considered that the SWDP fails the test of soundness in terms of being positively prepared and compliant with national policy as expressed in the NPPF. 2.7 It is considered that the 'the full, objectively assessed needs for market and affordable housing' is best represented by the SHMA scenario which takes the demographic projection and adds the economic requirement (housing to accommodate additional workforce from projected job growth) and allowances for vacancies, backlog of need and second home ownership. This would lead to a requirement of 9,839 in Malvern Hills District or 410 per annum. Given the level of completions at April 2012 (1,483), this would leave 7,877 dwellings to be planned for to meet Malvern Hills District's objectively assessed needs instead of the 4,900 included in the SWDP. It is considered that the SWDP fails the test of For Land Fund Limited Page 5

6 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN soundness in terms of being positively prepared and compliant with national policy as expressed in the NPPF. 2.8 In addition to meeting Malvern Hills District s needs, under the duty to cooperate, the SWDP also has to provide for meeting Worcester City's needs as these cannot be met within the City Council's boundaries. The equivalent 'employment led' figure for Worcester City is 9,750 less 2,184 completions to April 2012 leaving 7,566 to be planned for. However, it is accepted that Worcester City only has capacity to provide 5,500 dwellings within the City Council's area over the plan period. Therefore, Malvern Hills and Wychavon District Councils need to provide for the difference (4,250) within their areas. Policy SWDP makes provision for just 3,925 within Malvern Hills and Wychavon districts thereby failing to meet 'the full, objectively assessed needs for market and affordable housing'. It is considered that the SWDP fails the test of soundness in terms of being positively prepared and compliant with national policy as expressed in the NPPF. 2.9 Paragraph 48 of the NPPF permits local planning authorities to '... make an allowance for windfall sites in the five-year supply if they have compelling evidence that such sites have consistently become available in the local area and will continue to provide a reliable source of supply.' However, the SWDP includes an annual windfall allowance from 2016 to 2030 i.e. 14 years. This is contrary to Paragraph 48 of the NPPF and therefore, it is considered that the SWDP fails the test of soundness in terms of being compliant with national policy as expressed in the NPPF Policy SWDP3 also includes a phasing of residential development that puts more delivery into the post 2019 period. There is no justification included in the SWDP for this approach which also has the effect of reducing the five year requirement in the short term. Such an approach is considered to be in conflict with national policy "To boost significantly the supply of housing". It is considered that the SWDP fails the test of soundness in terms of being For Land Fund Limited Page 6

7 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN positively prepared and compliant with national policy as expressed in the NPPF. SWDP2 and SWDP The National Planning Policy Framework does not contain a sequential approach to the development of previously developed land. Therefore SWDP2 and clause H (ii) of Policy SWDP13 which 'prioritises the development of allocations and windfall sites on previously developed land' is contrary to the NPPF. It is considered that the SWDP fails the test of soundness in terms of being compliant with national policy as expressed in the NPPF. For Land Fund Limited Page 7

8 PROPOSED SUBMISSION CONSULTATION SOUTH WORCESTERSHIRE DEVELOPMENT PLAN 3.0 CONCLUSIONS 3.1 As set out at paragraph 182 of the NPPF, the SWDP will be examined by an independent inspector whose role is to assess whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements, and whether it is sound. 3.2 The previous section identifies several failings of the SWDP in terms of the tests of soundness, in particular being positively prepared and consistent with national policy. Most serious is the failure to acknowledge and meet the full, objectively assessed needs for market and affordable housing'. 3.3 It is noted that the Sustainability Appraisal (SA) identifies a significant positive effect from... meeting the housing needs of the South Worcester area. However, it is clear that the full objectively assessed housing needs of the South Worcester area are not being met. This is acknowledged in the SA which notes A reduction in overall housing requirements and the focus of development on brownfield/ existing urban areas reduces the potential impact of incremental development on key natural environment assets. 3.4 The NPPF sets requirements for plan making which need to be followed. In this respect Policy SWDP2, Policy SWDP3 and Policy SWDP13 are not considered to be compliant with the NPPF and are 'unsound' and need to be modified accordingly. For Land Fund Limited Page 8

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