Agenda item

To seek the Planning Policy and Local Plan Committee’s comments on the Jaywick Sands Design Guide Supplementary Planning Document Draft April 2022 consultation exercise.

 

To seek the Committee’s approval to recommend to Cabinet that the document is adopted with the proposed alterations.

The Committee considered a report of the Director (Planning) (A.3) which:-

 

(i)     sought its comments on the Jaywick Sands Design Guide Supplementary Planning Document (SPD) Draft April 2022 consultation exercise; and

 

(ii)    sought its approval to recommend to Cabinet that the document be adopted with the proposed alterations.

 

It was reported that the following feedback had been received during the consultation period:-

 

Public and non-statutory bodies

 

The comments from the public and non-statutory body response could be summarised as follows:-

 

-    Seafront development must include disabled access to the sea wall and promenade;

-    Designs of buildings should be flood proof and have aesthetic design in keeping with a seaside resort;

-    Consideration should be made to make the new properties wheelchair accessible allowing for appropriate access in the case of flooding;

-    4 storey buildings are not conducive with a seaside town;

-    Building companies should install solar panels as standard;

-    Limited and in many cases impossible access for disabled people to local amenities, shops, dental surgeries and doctors; 

-    Disabled access must be fully considered in the future;

-    Cycle parking – cycle garage, cycle hangars, security of cycling storage should be included; and

-    Developer contributions should be used towards improving the Jaywick-Clacton cycle route.

 

Statutory consultees responses:-

 

·           Affinity Water: no specific comments, welcome mention and continued consistent application of Policy PPL5: Water Conservation, Drainage and Sewerage from the Tendring Local Plan;

·           Coal Authority: no comments;

·           Historic England: no specific comments;

·           Marine Management Organisation: no specific comments, standard advice regarding the Coastal Concordat reiterated;

·           National Highways: no comments; and

·           Natural England: no specific comments.

·           Essex Police: no comment

 

Essex County Fire and Rescue Service (ECFRS) had submitted a number of detailed comments, the key issues in relation to this document being that it noted that the design guide discussed and considered climate change over the longer term.  ECFRS agreed that climate change was a vital consideration due to the increased vulnerability in the Jaywick area and the possible range of impacts arising for vulnerable residents in the area from climate change. ECFRS supported engagement with communities. ECFRS also had advise consideration of:-

 

-    suitable principles in design to avoid deliberate fire setting;

-    road widths to be accessible whilst not impeding emergency service vehicle response  through safe access routes for fire appliances including room to manoeuvre (such as turning circles);

-    the inclusion of electric vehicle charging points is welcomed, however, the position of the charging points should be considered in relation to fire spread to properties in the event of a fire in an electric vehicle;

-    support the proposed provision of off street (on plot) parking;

-    the location of storage of refuse should consider the potential for fire spread in event of an accidental or deliberate fire within stored refuse.

 

The NHS Suffolk and North East Integrated Care Board had supported the objectives of the SPD. However, they had made the following comments:-

 

·           The need to ensure the community is fully engaged in future plans, particularly, people impacted by inequalities;

·           NHS England will not support new health facilities within a flood risk zone, however, a health hub, possibly using community infrastructure, may be possible;

·           Significant new development of houses would require section 106 contributions to mitigate the impact on the local surgery.

 

Essex County Council (ECC) was supportive of the document but had made a series of detailed comments and suggested changes to each section of the document as follows:-

 

·           Would like to see Local Plan policies referred to in each guidance section (Shaded box);

·           Introduction - Refer to Local Plan Policies PPL1  and PPL10;

·           Page 4 - Note that car and cycle parking standards are not ‘Essex County Council’ standards but are ‘Essex Parking Standards’;

·           Page 7 - Further define ‘High quality frontage’;

·           Page 29 – clarify that the Shoreline Management Plan is a government document and the responsibility of the Environment Agency;

·           Page 32 – update reference to PPG (Planning Practice Guidance) 3 to reflect new PPG referencing;

·           Page 39 – clarify whether TDC seeks, or has sought, to withdraw permitted development rights; and

·           Page 41 - The introductory text to this section in the third paragraph should refer to ECC as the Lead Local Flood Authority (LLFA) responsible for surface water management. The Essex SuDS Design Guide should also be referenced. Include reference to the Essex Climate Action Commission (ECAC), which is a formal independent cross-party commission established in October 2019. The ECAC’s formal role is to identify ways where we can mitigate the effects of climate change, improve air quality, reduce waste across Essex and increase the amount of green infrastructure and biodiversity in the county; and explore how we attract investment in natural capital and low carbon growth.

 

ECC’s comments had also suggested that the following requirements be included in the SPD:-

 

·           Development is built to the highest standards of energy efficiency, water efficiency and renewable energy generation;

·           All buildings are net zero carbon;

·           Proposals must demonstrate the application of the ‘energy hierarchy’ to reduce energy demand for heating, lighting, and cooling and minimise carbon dioxide emissions using an energy assessment tool proportional to the scale of the development;

·           Proposals must minimise carbon emissions associated with operational energy and construction, including materials; and

·           All buildings must be designed to reduce energy demand and maximise fabric energy efficiency including such measures as: building orientation; high levels of insulation of roofs, floors, and walls; maximising air tightness; and using solar gain through window/door orientation whilst avoiding overheating.

·           Section 7B: should state that all new development should incorporate SuDS (Sustainable Urban Drainage Systems) and have regard to the Essex SuDS Design Guide. Reference should be made to rainwater harvesting, grey-water recycling etc to mitigate surface water flood risk. Further, all minor developments should manage runoff off using porous surfaces or otherwise discharge from the site should be limited to 1-year greenfield rates or 1 l/s, whichever is greater.

·           Section 7C: ECC seek wording similar to the below to be included regarding green infrastructure. Proposals will be encouraged that seek to conserve, and where appropriate enhance the green infrastructure of Jaywick Sands, demonstrating how they:-

 

-     conserve and where appropriate enhance designated green spaces and/or create new green/open spaces where appropriate.

-     Improve the connectivity between wildlife areas and green spaces through green corridors and/or improvements to the Public Rights of Way (PRoW) and cycle and footpath networks.

-     enhance the visual characteristics and biodiversity of green spaces in close proximity to the development through biodiversity/environment net gain.

-     ensure their landscape schemes, layouts, access and public open space provision and other amenity requirements contribute to the connectivity, maintenance and improvement of the Green Infrastructure Network.

-     take into consideration the principles of Sustainable Drainage (SuDS) and natural flood management techniques, which will enhance biodiversity and ecosystems.

-     consider the multi-functional use and benefits of local green spaces as part of the Green Infrastructure network.

 

The Environment Agency was supportive of the document but had in addition the following comments:-

 

·           Comments on the stated flood depths are from most recent modelling. Ensure source of modelling is included in notes;

·           Does not support any net increase in people living within the areas of Jaywick Sands within Flood Zone 3;

·           Appendix worked examples should mention flood resilient construction; and

·           Minor comments on referencing to updated Planning Practice Guidance and other minor wording changes (not substantive).

 

The Committee was informed that the Council’s proposed response to the above comments was as follows:-

 

Page/section ref	Change	Reason
Page 4, Page 37,	Replace ‘Essex County Council Highways standards’ with ‘Essex Parking Standards’ throughout.	Using correct terminology following comment from Essex County Council
Page 7, section 2A	Amended guidance on what a ‘high quality frontage	Comment from Essex County Council
Page 32	Change reference to Planning Practice Guidance 3 to Planning Practice Guidance: Flood Risk and Coastal Change and add hyperlink to https://www.gov.uk/guidance/flood-risk-and-coastal-change	For accuracy
Page 37	Change ‘car charging point’ to ‘electric car charging point’.	For clarity following comment from Essex County Council
Page 37	Change ‘Secure dedicated cycle storage’ to ‘Secure dedicated cycle storage, which could be in the form of a cycle hangar or cycle garage, and should include electric bike charging facilities’.	Comment from Colchester Cycling Campaign
Page 41	Third paragraph –reference added to Essex County Council as the Lead Local Flood Authority (LLFA) responsible for surface water management. Included reference to the Essex Climate Action Commission (ECAC)	Comment from Essex County Council
Page 42 section 7B	Amendment to first guidance point to read       ‘…engineering mains drainage must be limited to 1-year greenfield rates, or 1 litre/second, whichever is greater. Add guidance point to read ‘Development must have regard to the Essex SuDS Design Guide when designing sustainable drainage systems.’ Add guidance point to read ‘Development should incorporate rainwater harvesting and grey-water recycling where possible.’	Comment from Essex County Council
Generally	Many community members raised concerns about accessibility to properties with raised ground floors. Further guidance on this has been included, i.e. how to meet and interpret requirements of Part M of the Building Regulations and to require: - Internal stairs where required to access habitable space above a certain level. - Lift access for multi-family development (i.e. flats). - Design of external stairs to be non-slip and not to use metal handrails or steps.	Community comments
Generally	EA provided further detailed data and flood levels for 0.5% AEP in text and diagrams have been updated accordingly. Source of modelling included in references.	Comment from Environment Agency
Generally	Section 1 has been updated to clarify how guidance applies to development that results net increase and development that would result in no net increase.	Comment from Environment Agency (response to EA request adapted to align with wider Place Plan strategy)
Appendix	Add reference to flood resilience construction to worked examples	Comment from Environment Agency

 

At the invitation of the Chairman, a local Ward Member for West Clacton & Jaywick Sands, Councillor Casey, addressed the Committee on this item.

 

During the consideration of this item the Chairman also extended an invitation to the Planning Portfolio Holder (Councillor Bray) and the Chairman of the Planning Committee (Councillor White) (both present at the meeting) to address the Committee.

 

Having considered and discussed all of the information contained in the Officer report (A.3):-

 

It was moved by Councillor Allen, seconded by Councillor Fowlerand:-

 

RESOLVED that the Planning Policy and Local Plan Committee –

 

a)  endorses the Jaywick Sands Design Guide Supplementary Planning Document (SPD) with the Officers’ recommended alterations; and

 

b)  recommends to Cabinet that the SPD (forming Appendix 1 to item A.3 of the Report of the Director (Planning)) be adopted, subject to the fourth bullet point of guidance “2A: Landscape character and visual impact” being amended to read as follows:-

 

“Visual separation between Tudor Estate and Village/Brooklands & Gardens should must be maintained.”

 

c)   further recommends to Cabinet that the Director (Planning) be authorised to make any necessary minor, or consequential, amendments to the SPD before the final adopted version is published.