Hartley Gardens Supplementary Planning Document

Comprehensive approach and understanding of infrastructure requirements

6.1 The Site is covered by a number of different landownerships. As set out in this SPD, TDC’s preference is for a single planning application to cover the wider area and for the entire allocation to come forward to allow the comprehensive redevelopment to be considered. However, there is the acceptance due to multiple landowners that this may not be possible. Every effort should be made to allow a comprehensive redevelopment
approach to the allocation. To achieve the comprehensive delivery of housing alongside new infrastructure, a co-ordinated approach and effective co-operation between TDC and all the landowners will be required.

6.2 This section covers the infrastructure requirements to ensure that the Site issupported by the appropriate mitigation and timely delivery of strategic infrastructure that will make it a sustainable, inclusive, and thriving urban extension for Clacton-on-Sea.

6.3 The infrastructure requirements for the Site have been identified through Tendring District Local Plan 2013-2033 and Beyond Section 2 (LPS2)²³, Tendring Infrastructure Delivery Plan (as updated)²⁴, Essex County Council’s Developers’ Guide to Infrastructure Contributions²⁵ and through further detailed work undertaken in the preparation of this SPD.

6.4 Policy SAMU2 of LPS2 promotes the delivery of a sustainable urban extension for the Site. It is to be planned and delivered through a masterplanned approach that identifies the land use, design, environmental and infrastructure requirements for the site.

6.5 Policy DI1 of LPS2 identifies that all new development should be supported by and have good access to all necessary infrastructure.

6.6 A site-specific Hartley Gardens Infrastructure Delivery Plan (HGIDP) has been prepared which should be read alongside this SPD. The HGIDP provides further detail on the planned approach to be taken for infrastructure delivery. It provides a more detailed strategy and mechanisms for delivering the Site’s strategic infrastructure (refer para 6.22). The HGIDP has been informed by TDC’s Infrastructure Delivery Plan and Trigger Points Assessment²⁶ that sets out the timing and sequencing of infrastructure delivery. The HGIDP will be updated annually as
details and costs of infrastructure are identified and will be used to inform the preparation and assessment of planning applications for the Site
to deliver the overall site allocation.

6.7 Planning application(s) for development of the Site or part thereof should be consistent with Policy SAMU2 and DI1 of LPS2 and conform with this SPD and the HGIDP. TDC will not support speculative development which is contrary to adopted policy or guidance for the Site. Development is to conform with the masterplanned approach set out in this SPD and not prejudice the overall comprehensive development of the Site, including its infrastructure requirements.

Infrastructure delivery - development sequencing and phasing

6.8 The HGIDP sets out the infrastructure requirements, delivery mechanism, anticipated triggers for infrastructure delivery, and indicative costs of each item.

Development sequencing

6.9 Given the extent and spatial requirements of infrastructure (on and offsite) needed to enable the delivery of the site, there is a need to balance certainty with flexibility in managing development and infrastructure delivery. It will be necessary to adopt a coherent approach to development sequencing, construction management, and infrastructure delivery in collaboration with TDC. This will be a key consideration at all stages of the planning process and aligns with the objectives of Policy DI 1.

6.10 The approach aims to prevent the development of isolated and poorly serviced development as much as possible. It seeks to ensure the delivery of a well-planned and logically sequenced development. This approach is essential to provide the necessary supporting infrastructure, promote sustainability and integration, and establish a sense of place to the urban extension to Clacton–on-Sea.

6.11 It is intended that the Site is serviced from a minimum of four primary highways access points (see Section 5 of this SPD).

6.12 The sequencing of development and supporting infrastructure is set out in the HGIDP and is aligned to the following phasing principles. The HGIDP has been structured to provide certainty as to what and when infrastructure is required, but also with the flexibility to accommodate different delivery approaches. This would still ensure that the necessary infrastructure is provided in a timely way to achieve the vision, objectives, and development principles set out in this SPD and ensuring a comprehensive and co-ordinated approach to delivering the Site allocation.

Development phasing

6.13 It is important that the Site is delivered in a way that ensures a well-connected, sustainable urban extension to Clacton-on- Sea is established. In particular, some of the essential services and facilities should be delivered early in the development in order to avoid isolation and the creation of a poorly serviced development. The early delivery of essential services would reduce the need to travel beyond the Site for day-to-day needs and help to establish a local community, but whilst recognising that these facilities and services require a 'critical mass' of residents to be workable and viable.

6.14 The following phasing principles will be applied:

• Placemaking: The provision of public open space will be phased alongside new residential development to ensure adequate accessibility and usability for residents. The delivery schedule for these spaces will be guided by the HGIDP.
• Developing a community: It is important to ensure that a community focal point is established as soon as possible within the phasing process, including some leisure and commercial opportunities enabling a community to grow and establish itself within the development.
• Buildability: The phasing of the development will be dependent on whether the order of construction and overall buildability of the elements within the scheme are viable.
• Movement network: Ensuring that the movement network is in place as the scheme develops, enabling new and existing residents to access the new homes, facilities, and areas of public open space easily and quickly and via active travel routes.

Planning applications

6.15 Development phasing will require further consideration as planning applications are being prepared and considered. A site wide phasing strategy should be established between applicants and TDC.

6.16 Planning application(s) will include a phasing strategy to ensure the comprehensive approach and demonstrate the deliverability of the Site, and how and when any impacts will be mitigated. Any phasing strategy must be clear how the relevant planning application is responding to the development phasing principles, and the HGIDP.

6.17 Planning applications will also be accompanied by a Compliance Statement. This statement should demonstrate how the application and accompanying s106 agreement ensure the lead developer can deliver or coordinate the delivery of infrastructure without being hindered by individual proposals.

6.18 The balance between the provision of strategic infrastructure and housing or non-residential development must be clearly identified in phasing strategies. Planning applications must ensure that there will be sufficient infrastructure to serve the residents of the Site taking account of the Trigger points assessment, as new plots come forward and over the build out and lifetime of the Site.

6.19 The successful phasing of the development will be dependent on whether the order of construction and overall buildability of the elements within the Site have been appraised correctly. Phasing strategies will be influenced by the viability of the Site.

6.20 To allow some flexibility in the development sequencing and phasing approach and to ensure that the necessary infrastructure is comprehensively delivered alongside new housing, the following measures will be implemented:

• TDC working alongside key infrastructure providers (such as ECC) and applicants, will lead a process of regular monitoring and review of the Site wide phasing strategy and development delivery at the Site.
• Planning applications should be supported by a sequencing and infrastructure delivery report identifying how the development will ensure a comprehensive, integrated, and sustainable development that contributes to the vision, objectives, and development principles for the Site.

6.21 When assessing proposals for development sequencing that deviate from the general approach outlined in the HGIDP, TDC will consider the following factors:

• How the proposed development sequencing adheres to LPS2, specifically policy SAMU2 and Policy DI 1, to ensure orderly and planned growth.
• The methods and strategies to secure the strategic and site-specific infrastructure specified in this SPD and the HGIDP. This includes ensuring that the infrastructure necessary for the proposed number of homes in each application is provided.
• How active and sustainable access will be facilitated for new residents, ensuring connectivity between new homes and supporting infrastructure, i.e. the primary school, to promote sustainable living practices.
• Whether the proposed development might obstruct the delivery of other land within the Site or the overall Spatial Framework. This includes assessing potential impacts on existing residents and ensuring the development remains sustainable and integrated with the wider area.

6.22 The HGIDP is intended as a guide to applicants on what infrastructure they will be expected to deliver and / or make contributions towards. The final decision on infrastructure will be determined through relevant planning applications and secured via planning obligations in accordance with NPPF Para 58 and Regulation 122 of the Community Infrastructure Levy Regulations 2010, ensuring that they are:

• Necessary to make the development acceptable in planning terms
• Directly related to the development
• Fairly and reasonably related in scale and kind to the development

6.23 The infrastructure and mitigation that has been identified in respect of the Site SPD has been determined with regard to the above requirements and ensures that the development coming forward through planning applications:

• Contributes towards a comprehensive infrastructure plan for the wider Site development
• Mitigates its own impacts

6.24 This approach will ensure that planning applications submitted will contribute equitably and proportionately to the strategic site wide infrastructure as well as the site- specific requirements as summarised below.

• Strategic Infrastructure – Table 1 part 1 in the HGIDP identifies the strategic on and off-site infrastructure necessary to support the delivery of the wider Site allocation and mitigate its cumulative impacts. Applicants will be expected to contribute towards the strategic infrastructure summarised under the following headings:
  • Transport/highways
  • Education
  • Social and community
  • Healthcare
  • Green infrastructure and open space
  • Leisure and recreation
  • Utilities

• Site Specific Infrastructure – Table 1 part 2 in the HGIDP identifies the local infrastructure primarily needed to serve the residents of the specific land parcel where it is located. This infrastructure will be delivered and funded by the developers working within that specific parcel. Site specific infrastructure include the likes of.
  • On parcel utilities
  • On parcel Sustainable Urban Drainage systems (SuDS)
  • On parcel open space, recreation and play areas

6.25 The HGIDP provides a further level of detail to guide applicants on the level of contributions that will be required for the Site's strategic infrastructure and site-specific infrastructure which will be secured through separate signed site-specific legal agreements prior to planning permission being granted. Such agreements where relevant, secure obligations pursuant to powers under Section 106 of the Town and County Planning Act 1990, Section 111 of the Local Government Act 1972, Section 1 of the Localism Act 2011, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 and Section 278/38 of the Highways Act 1980.

6.26 HGIDP sets out the equalisation arrangements that are necessary to ensure that no single landowner/developer is unfairly burdened with the cost or responsibility of delivering strategic infrastructure that benefits the wider Hartley Gardens allocation. These arrangements will ensure a fair and proportionate approach to infrastructure delivery across all land parcels.It will also ensure that the right infrastructure is funded and delivered at the right place and at the right time.

Ongoing Management and Stewardship

Objectives and requirements

6.27 TDC expects long term stewardship arrangements for the Site to:

• Be considered throughout each stage of the development process and be embedded into the early decision-making process.
• Be approached on a Site-wide basis to ensure a holistic approach to the whole of the development, consistency of approach and consistency of experience throughout the development.
• Demonstrate sustainability, design, quality, and social value that leaves a lasting legacy based on locally relevant placemaking objectives.
• Be community-led and encourage engagement with residents, alongside adoption of resources by statutory authorities.
• Establish management arrangements which are transparent and easy to understand by residents.
• The lived experience of residents shall be considered at all stages.
• Be set up to ensure it is appropriately resourced and to ensure it is financially sustainable for the long-term.
• The Long-Term Stewardship (LTS) body shall deliver value for money for the residents.
• Have a robust legal and governance structure, which has the flexibility for future changes and empowers community involvement and accountability by providing reasonable opportunity for influence and control by the community and other stakeholders.

6.28 A strategy for high quality stewardship will be vital for ensuring the Site delivers on the vision over the life of the development. Provision should be made for community assets to be managed by the Developers in the short term with consideration given to the level of community engagement required (prior to the submission of any planning application) for a smooth transition and strategic approach to how stakeholder engagement will facilitate the successful adoption and management of onsite community assets in the longer term.

6.29 Delivering a sustainable, healthy, inclusive, and thriving new community for Clacton-on-Sea at the Site requires a wellconsidered and holistic approach to LTS and management of assets created for the benefit of the community.

6.30 Developers are required to include a management and maintenance strategy including details of the financial, governance, and ownership proposals for the financially sustainable management (in perpetuity) of physical and virtual community, heritage, public realm, open space, and infrastructure assets to support the delivery of economic, environmental, and social value for present and future generations.

6.31 The expectation is that developer's proposals will demonstrate how their proposals meet the objectives/requirements of TDC set out in section 3.

6.32 Decisions on LTS need to be made to cover all assets within the development. This includes the open space, utilities, infrastructure, commercial assets, and community assets, amongst other assets. Developers should present proposals which clearly identify:

6.33 Provision should be made in the short term for the Developer to manage resources whilst phases of the Site are being built, handing these over for long term management once complete. Consideration must be given to the level of community engagement required (prior to the submission of any planning application) for a smooth transition and strategic approach to how stakeholder engagement will facilitate the successful adoption and management of onsite community assets in the longer term.

Requirements for planning applications on management and stewardship

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23 Tendring District Local Plan- https://www.tendringdc.gov.uk/content/localplan
24 Tendring District Evidence Base- https://www.tendringdc.gov.uk/content/evidence-base
25 Essex County Council Planning advice and guidance- https://www.essex.gov.uk/planning-land-and-recycling/planning-anddevelopment/planning-advice-and-guidance/guidance
26 Tendring District Evidence Base- https://www.tendringdc.gov.uk/content/evidence-base