Agenda item

To note progress on the emerging Local Plan (report attached).

Cllr Bedford provide an update on the Local Plan and the Interim Air Quality Mitigation Strategy (AQMS), which had been reviewed by the Overview and Scrutiny Committee on 7 January 2021. He clarified that several mitigation measures including the potential for a Clean Air Zone (CAZ) from 2025 had been included as part of the AQMS.  No charges or decisions on the form of Clean Air Zone had been agreed. He outlined that the adoption of the AQMS was a way to enable the Council to determine planning applications that had been held in abeyance since June 2018.

The Interim Assistant Director, Planning Policy and Implementation, A Blom-Cooper advised members of the MCHLG consultation on further permitted development rights was open for comment until 28 January 2021. These proposals would give a new national permitted development right for a change of use from commercial, business and service use class to residential use.  It will go significantly beyond existing rights, allowing for restaurants, indoor sports, and creches to benefit from the change use to residential under permitted development rights for the first time and will have implications for High Streets including those in conservation areas.  Other proposals include; a streamlined planning application process for public service infrastructure projects; and a simplification and consolidation of existing permitted development rights.

Cllr Rackham asked if there would be some communication on the CAZ as she had received a range of queries from residents.  Cllr Bedford advised that there would be a press release to set out the facts and address the misinformation that had been circulated. The proposed mitigation measures were similar to those developed by LB Redbridge with Natural England and a recent High Court judgement had shown these to be, wholly appropriate for the protection of the Forest. He suggested that the Green Party wanted the additional mitigation measures in the Interim AQMS.

Cllr Heap agreed that there was no mention of any sums of money in relation to the CAZ. He advised the Green Party approved of anything that helped the Forest, but that scientific aspects did not cover all the chemicals that could cause harm. He submitted that the CAZ would split the district and acknowledged that whilst the tube was an option for some residents, there were limited transport links especially in Waltham Abbey.  He suggested the CAZ could not be delivered and should not be compared to LB Redbridge as a unitary authority. He stated that some residents felt this was a tick box exercise to give planning permission and referenced Dowding Way and requested greater transparency in relation to Trinity Hall. He summarised that the Green Party would support anything that protected the Forest and people, but not in this way, and advocated that more buses were required.

Cllr Bedford advised that this had been debated at Overview and Scrutiny on 7 January 2021 and reiterated that a series of mitigation measures, agreed by Natural England, had been put forward similar to those approved by Judicial review in Redbridge. The scientific experts had provided a full and robust explanation of the impact of the relevant chemicals. He suggested that over the next few years, with a change in attitude to public transport and a shift from fossil fuel vehicles, air quality targets could be met without the need for a CAZ. He advised that Air Quality measures needed to be in place to progress developments in the district and to build homes that people wanted and could afford. The Local Plan needed to be approved, to avoid potential Government intervention and the imposition of higher housing targets. He agreed that more buses were required, and that pressure would-be put-on Essex County Council to meet stringent air quality standards.  Cllr Bedford stated that the Chairman of Quails, retired as the Bursar of Trinity Hall a year ago.

Cllr Philip reminded the Committee that the Interim AQMS was to address the air quality impact on Epping Forest Special Area of Conservation (SAC) and not just linked to the new Local Plan. Natural England, the Government’s appointed body for conservation matters had advised the Council in June 2018 that all planning applications for residential or employment purposes need to have a project level Habitats Regulations Assessment to assess whether the proposal would result in an increase in traffic on roads in close proximity to the Epping Forest SAC. Without appropriate mitigation measures to address the impact on air quality the Council has been unable to grant planning permission for any increase in the number of residencies and it was imperative to work with them. The Interim AQMS would allow the Council to grant planning permissions for those applications, granted approval at committee The Interim AQMS would form part of the package of information to support the main modifications (MMs) consultation which will be undertaken shortly to complete the examination of the Local Plan.

Cllr Philip advised that the AQMS was not an overarching strategy and agreed that emissions were important and would be considered in the forthcoming sustainable transport and climate strategies.

Cllr Basset requested an outline of the timetable in relation to the main modifications (MMs) consultation of the Local Plan and details of the scrutiny process for the final Green Infrastructure Strategy.

The Interim Assistant Director advised the Council was still waiting for the Inspector’s response on the proposed MMs which had been submitted to her in September and reminded the Committee that the consultation would be the Inspector’s consultation. The process would be supported by Council officers and provide an opportunity for comments on the MMs. The key elements for the Local Plan timetable were the agreement of MMs; followed by consultation for a six-week period. The Inspector would prepare her final report after consideration of representations and any additional information or hearings if required. If her report concludes that the plan is sound the Local Plan would then come back to the Council for adoption. The timescales were dependent on the outcomes of the different stages and Members would be advised when this was available.

Scrutiny of the Draft Green Infrastructure Strategy had occurred in 2020 and there had been full public consultation for six weeks when 175 responses and 900 comments were received.  The analysis and how the comments had been addressed would form an appendix to the Cabinet report in March.  Details of the Suitable Alternative Natural Greenspace (SANG) approach would be discussed and finalised with Natural England and the Conservators of Epping Forest before inclusion in the final report. This this would feed into the MMs the Inspector had requested in relation to the provision of SANG across the District in the first 5 years of the Local Plan.

Resolved:

(1)  That the Committee noted the progress report on the emerging Local Plan.