Report of the Director of Resources to Council, 03 March 2022
Proposed Erewash Core Strategy Review
1 Purpose of report
1.1 To publish the Proposed Erewash Core Strategy Review and supporting Sustainability Appraisal for consultation prior to submission to the Secretary of State for public examination.2 Recommendations
2.1 That Council considers the proposals contained within this report and:- Approves the findings of the Statement of Consultation at Appendix 1 to this report.
- Approves the Draft Sustainability Appraisal at Appendix 2 to this report for public consultation.
- Approves the Proposed Erewash Core Strategy Review at Appendix 3 to this report for public consultation and subject to the results of the consultation, its subsequent submission to the Secretary of State for independent examination.
3 Statement of Consultation
3.1 In March 2021, Council approved consultation on the Erewash Core Strategy Review (Revised Options for Growth) for a period of 6 weeks. The Statement of Consultation at Appendix 1 to this report summarises the responses to the consultation and the proposed Council responses to them.3.2 The vast majority (over 96%) of the 2,503 responses to the Revised Options for Growth consultation related to the four strategic housing allocations proposed in the Green Belt. These responses are considered below on a site by site basis.
3.3 South West of Kirk Hallam
This site attracted 1,227 responses, the vast majority of which were from Erewash Borough residents. Key concerns focussed on the potential threat to the Pioneer Meadows Local Nature reserve, and to general enjoyment of the open countryside of the Green Belt here. The housing allocation as detailed in the Proposed Core Strategy Review does not encroach on Pioneer Meadows and provides for an extensive wildlife corridor along the Sow Brook as an extension to the Local Nature Reserve.
3.4 There are only two public rights of way into the countryside affected by the proposal for 1,300 homes, namely 250m of Dale Abbey Footpath (2) extending westwards from a public open space on Wirksworth Road, and a similar length of Dale Abbey Footpath (49) extending south westwards from the proposed extension to Pioneer Meadows Local Nature Reserve. The housing allocation detailed in the Proposed Core Strategy specifically requires enhancements to these footpaths, including safe crossings of the proposed Kirk Hallam Relief Road. Access to the wider countryside for Kirk Hallam will therefore be maintained.
3.5 Traffic is also a major concern of respondents. The proposals in the Core Strategy require access to this site to be taken via a relief road linking Sowbrook Lane with Ladywood Road. Consequently officers consider that the proposals will not result in a significant increase in traffic in Kirk Hallam.
3.6 North of Spondon
This site attracted 708 representations, of which only a few were from Erewash Borough residents. Concerns were raised about the impact of the proposals on wildlife, especially Spondon Wood and the deer that emerge from the wood to feed in the open field. The field which is allocated for development in the Proposed Core Strategy is farmland with a low biodiversity value, and the allocation specifically requires a suitable buffer zone between the proposed housing and the wood to protect the biodiversity interest of the wood. It is likely that deer will continue to use that buffer for foraging.
3.7 Traffic and pressure on services from the 200 homes proposed are also a major cause of concern of respondents. Liaison with Derby City Council has identified concerns over pedestrian and bus access, which are specifically addressed in the proposed policy by the provision of a pavement along the A6096 to the site and additional bus halts on this existing bus route. Derby City Council has not requested any other mitigation but the policy nevertheless provides for financial contributions towards expanded school provision in Spondon, should it be needed to support the new housing.
3.8 North of Cotmanhay
This site attracted 417 representations, the majority of which were from Erewash Borough residents. The impact on wildlife in general and Cotmanhay Wood in particular were raised, along with the shortage of greenspace in Cotmanhay and the need to avoid coalescence with Heanor. The allocation in the Proposed Core Strategy specifically requires a suitable buffer zone between the proposed housing and the wood to protect the biodiversity interest of that site, along with managed access in order to bring Cotmanhay Wood into use as a community woodland. As there is currently no lawful access across the site allocated for development or into the wood, these proposals will increase access to greenspace. As the allocation is behind the ribbon development along Heanor Road, officers consider its development will not reduce the level of separation from Heanor.
3.9 Traffic and pressure on services from the 250 homes proposed were also an area of concern. The Proposed Core Strategy makes provision for vehicular access onto Heanor Road, where the traffic from an additional 250 households is not expected to make a significant impact on existing traffic levels. The housing allocation policy provides for financial contributions towards expanded school capacity. It is not possible to make similar commitments to expanded health care services, as Derby and Derbyshire Clinical Commissioning Group have yet to propose any such service improvements.
3.10 Acorn Way
This site attracted only 1 representation, which raised no new issues above those considered in respect to the previous round of consultation.
3.11 In addition to the sites detailed above, several alternative sites have been proposed by developers, including south of Risley Village, east of Rushy Lane, north of Breadsall Hill Top, north of Breaston and Draycott and around Hopwell Hall. These were all considered through the Strategic Growth Area Assessment and Sustainability Appraisal processes and rejected in the previous round of consultation. An additional housing site north of Sowbrook Lane and warehouse site south-west of junction 25 have also been proposed. After further site by site consideration through the Strategic Growth Area Assessment and Sustainability Appraisal processes, all of these sites remain rejected.
3.12 In addition to site specific issues, neighbouring local planning authorities and government agencies have raised some additional issues, including the duty to cooperate and the current extent of the evidence base for the Erewash Core Strategy Review.
3.13 Duty to Cooperate
The duty to cooperate is a legal requirement to hold meaningful discussions with neighbouring local planning authorities on strategic cross-boundary issues. In this respect, Erewash Borough has been asking neighbouring local planning authorities for the last two years about their ability to accommodate some of Erewash’s growth. This is necessary to demonstrate that Erewash Borough has exhausted all options to avoid building in the Green Belt. To date, no definitive response to these queries have been provided. Nevertheless, officers consider that this lack of response from neighbouring local planning authorities should not act as an impediment to the progress of the Erewash Core Strategy Review.
3.14 Erewash Borough has also held multiple meetings with neighbouring local planning authorities to establish what other, if any, strategic cross-boundary issues require meaningful discussion. Amber Valley Borough and Derbyshire County have confirmed that they consider the Green Belt separation of Heanor from Ilkeston to be such an issue. This issue has already been addressed in this report under the discussions of the proposals for housing north of Cotmanhay. To date, no other responses to suggestions from Erewash Borough have been received, with the Derby Housing Market Area local planning authorities concluding that it is not possible for them to make such comments until they see the Proposed Core Strategy. Consequently, progression to the Proposed Core Strategy stage appears necessary in order to further progress the duty to cooperate.
3.15 Evidence Base
The National Planning Policy Framework requires local development plans to be justified by adequate and proportionate evidence. Traffic modelling for the Stanton masterplan SPD identified the effectiveness of a relief road for Kirk Hallam in relieving traffic impacts on that community. Further modelling through the East Midlands Gateway study concluded that no additional strategic highway infrastructure was needed in Erewash to accommodate the currently proposed levels of growth. Individual site modelling in the Strategic Growth Assessments identified which junctions were likely to be most impacted. In their representations, Highways England advise that their high-level review finds no impact on the strategic road network, and Derbyshire County Council (Highways) do not identify any unacceptable impacts on the local highway network or propose any necessary mitigation. Notwithstanding this, both authorities recommend further modelling. At this stage such modelling will identify which junctions could benefit from additional capacity improvements, a matter considered to be more appropriate at the planning application stage. Nevertheless, a further round of traffic modelling is being commissioned in consultation with the highways authorities, in order to inform the future independent examination.
3.16 In respect to open space for sport and recreation, a recent assessment of playing pitches in Ilkeston confirmed a surplus of provision. Nevertheless, a detailed Borough wide review is underway in partnership with Sports England to inform the open space requirements for the specific housing proposals. Given the current surplus identified, the review will inform the re-purposing of existing under-used greenspace.
3.17 A number of other detailed issues were raised during the consultation which would be more appropriate for consideration through subsequent planning application processes. Nevertheless, many of these have been subject to consideration through the Strategic Growth Area Assessment and Sustainability Appraisal processes. It is therefore concluded that adequate and proportionate evidence has been provided to justify the proposals of the Core Strategy Review. Consequently, the Statement of Consultation at Appendix 1 to this report is recommended for approval.
4 Draft Sustainability Appraisal
4.1 A critique of the Draft Sustainability Appraisal to date has been its focus on strategy, rather than on specific sites. In response the Sustainability Appraisal has now been extended to assess all the competing Green Belt sites proposed through the Strategic Housing Land Availability Assessment. As a consequence, the Draft Sustainability Appraisal is now over 1,400 pages long. The 27 page main document is attached at Appendix 2 to this report, with its own Appendices A1 through to D1 available electronically.
4.2 Sustainability Appraisal is not the only tool for site selection, as it does not take account of impact on the Green Belt (which is a policy, rather than an environmental issue), or the deliverability of sites. Nevertheless, the Stanton South, West Hallam Depot, Kirk Hallam, Cotmanhay and Acorn Way sites emerge as the most sustainable. Of these, the West Hallam Depot is no longer available for housing development and therefore, its housing development is no longer a policy of the Proposed Core Strategy.
4.3 Two sites were assessed as more sustainable than the land North of Spondon, these being Land North of West Hallam and Land North of Draycott and Breaston. The elevated scores of the latter two sites are largely a function of their size, each being able to support over 1,000 homes and therefore to provide largely self-supporting neighbourhoods. However, after taking into account the brownfield capacity of the existing built up areas, South Stanton, and the other more sustainable Green Belt sites at Kirk Hallam, Cotmanhay and Acorn Way into account, a further site of 1,000 homes is not needed to meet the Borough’s housing requirements. As it is an important principle of the National Planning Policy Framework that Green Belt should only be released for housing in exceptional circumstances, there is no case for allocating either the Land North of West Hallam or Land North of Draycott and Breaston in their entirety. Smaller developments at these locations would not benefit from the advantages of scale, and would therefore be less sustainable. On that basis, the Land North of the Spondon site is the most suitable for providing the borough’s remaining housing need.
4.4 The Sustainability Appraisal in its entirety is therefore recommended for public consultation and submission to the Secretary of State.
Proposed Core Strategy Review
5.1 The Proposed Core Strategy Review at Appendix 3 to this report is a partial review, and the majority of the existing Core Strategy and saved Local Plan policies will remain part of the development plan. The new policies, which are considered necessary to address Erewash Borough Council’s out of date development plan policy position are summarised below.
5.2 Strategic Policy 1 sets out the housing strategy and consequent distribution of housing around the Borough. Strategic Policy 1.1 sets out the strategic design criteria applicable to all strategic housing sites, including requirements relating to development character, green space and accessibility. Strategic Policies 1.2 to 1.6 set out site specific criteria for each of the proposed housing sites, including appropriate site specific mitigation for transport, green space and social infrastructure.
5.3 Strategic Policy 2 sets out the employment strategy, which includes the safeguarding of key industrial estates to maintain the employment base of the Borough. It is supported by Strategic Policy 2.1, which allocates Stanton North for employment development. That policy is closely aligned to the current planning application for land north of Lows Lane, the two having been developed in tandem. The exceptions to this are additional requirements in the Strategic Policy for biodiversity and transport mitigation.
5.4 Strategic Policy 3 sets out the strategy for town centres as thriving hubs of service provision and commercial activity. The designated extents of Ilkeston and Long Eaton Town Centres are retained, as are those of Sandiacre and Borrowash Local Centres. A new Local Centre is proposed for Kirk Hallam in association with the housing development proposed there. In addition, Village Centres are defined for the first time, to help protect and promote service provision in Breaston, Draycott, Little Eaton and West Hallam. A new Village Centre is proposed to serve the new community at South Stanton.
5.5 Strategic Policy 4 sets out the transport strategy for the Borough. This includes the Kirk Hallam Relief Road to be provided in conjunction with housing development at Kirk Hallam, and the replacement junction at Lows Lane / Ilkeston Road / Sowbrook Lane to be safeguarded by the employment site at Stanton North and provided by the housing development at South Stanton. Long distance multi-user trails (for walking, cycling and horse riding) are proposed along the Great Northern Greenway former Nottingham to Derby railway line, and along the Trent Valley Way linking Trent Lock to Attenborough Nature Reserve.
5.6 Finally, Strategic Policy 5 sets out the green infrastructure strategy. This realises the aspirations of the previous Core Strategy for green infrastructure corridors by designating such corridors along the Trent, Erewash and Derwent rivers and the Nutbrook canal. All of these areas perform multiple green infrastructure functions including managing flood risk, providing wildlife habitat, supporting recreational routeways and providing for rural recreation. The intention of the policy is to preserve and enhance those functions.
5.7 As has been discussed above, the policies of the Core Strategy Review have been written with due regard to the responses of the previous consultations and the findings of the Sustainability Appraisal. The existing policies they would replace are listed at the back of the Core Strategy.
5.8 The Proposed Core Strategy Review at Appendix 3 to this report is therefore recommended for public consultation and submission to the Secretary of State. It is proposed that the consultation will be for a period of 8 weeks.
6 Options
6.1 The options available to Council are:
To approve the Statement of Consultation at Appendix 1 and approve the Sustainability Appraisal and Proposed Core Strategy Review at Appendices 2 and 3 for public consultation and subsequent submission to the Secretary of State for public examination. This would bring the council a step closer to addressing the ongoing undersupply of housing and employment land in the Borough. This is the recommended option.
b) To not approve the Statement of Consultation at Appendix 1 or approve the Sustainability Appraisal and Proposed Core Strategy Review at Appendices 2 and 3 for public consultation and subsequent submission to the Secretary of State for public examination. This would not bring the council any closer to addressing the ongoing undersupply of housing and employment land in the Borough, extending the period of time the Borough is likely to continue to fail the Government’s housing delivery test and raising the risk of speculative development and planning by appeal.
c) To approve an amended Statement of Consultation at Appendix 1 or approve an amended Sustainability Appraisal at Appendix 2 or an amended Proposed Core Strategy Review at Appendix 3 for public consultation and subsequent submission to the Secretary of State for public examination. Any amendment to the Statement of Consultation or Sustainability Appraisal would have to be reflected as necessary in the Proposed Core Strategy. Any amendments to the Proposed Core Strategy would need to be justified in respect to the Statement of Consultation, the Sustainability Appraisal, or other overriding issues such as Green Belt policy or deliverability.
7 Risk and financial implications
7.1 Should the Core Strategy Review be delayed, subsequent planning appeals could result in significant costs not allowed for in the Council’s Annual Budget.
8 Legal implications
8.1 The Council has a statutory duty to review the Core Strategy, under the Planning and Compulsory Purchase Act 2004 (as amended).
9 Personnel implications
9.1 There are no direct personnel implications arising from this report.
10 Alignment to council priorities
Corporate Plan 2021-2023
10.1 The recommendation of this report would contribute towards the Corporate Plan priorities for “a welcoming borough that is clean and safe” and “planning for the future”.
Background papers
Draft Sustainability Appraisal 2020
Erewash Core Strategy Review – Options for Growth January 2020
Statement of Consultation March 2021
Core Strategy Review – Revised Options for Growth March 2021
Appendices
Appendix 1 – Statement of Consultation January 2022
Appendix 2 – Draft Sustainability Appraisal 2022
Appendix 3 – Proposed Core Strategy Review January 2022
Appendix 4 – Proposed Core Strategy Review Policies Map
Contact officer
Ian Sankey, Director of Resources and Deputy Chief Executive
Telephone: 0115 9071157 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Steve Birkinshaw, Head of Planning and Regeneration
Telephone: 0115 907 2206 Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Note: In preparing this report due regard has been had to human rights, prevention of crime and disorder, environmental, efficiency and health considerations as appropriate. An Equalities Impact Assessment has been completed or is not required. Relevant officers have been consulted in relation to any legal, financial, personnel or property implications and comments received are reflected in the report.