Object

Representation ID: 8995

Received: 03/09/2021

Respondent: Bedfordia Developments Ltd and Bedfordshire Charitable Trust Ltd

Agent: DLP Planning Limited

The Council’s consultation document considers the role for development allocations to be
identified in Neighbourhood Plans (as a result of the strategy in the Local Plan 2030) in the
context of updates to the development strategy explored via the Preferred Options.

These representations identify that the consultation fundamentally fails to assess the role
and ability of Neighbourhood Plans in meeting the requirements for sustainable development
(including housing delivery) in the period to 2030. The consultation proposals also provide
no clarity on the impact of meeting additional requirements for growth in terms of whether
the policies in ‘made’ Plans will remain in general conformity with the development strategy
nor how further allocations might be provided for in an effective and positively prepared
manner.

Reasoning
(i) Relationship with Delivery of the Area’s Strategic Priorities
Paragraph 1.47 of the consultation proposals repeats the strategy outlined in Policy 4S of
the adopted Local Plan. This does not confirm a realistic prospect that all 2,260 units will be
delivered before 2030. There are outstanding objections to several of the emerging Neighbourhood Plans at Key Service Centres (in particular at Great Barford and recently at Sharnbrook).

At paragraph 1.48 the Borough Council only provides vague indications of where further
engagement might take place with parish councils to meet additional requirements for growth
where a range of suitable sites are identified.

This paragraph is inconsistent with the intentions for a stepped trajectory and the NPPG for
reviewing NDPs (which should encourage early review when strategic policies have
changed). That is an inevitable consequence of the Development Plan in Bedford given its
current failure to address levels of growth in accordance with the Standard Method. The
Borough Council’s own evidence indicates the strong likelihood of sites where early delivery
can be prioritised. This does not demand that meeting increased requirements for growth
should extend beyond 2030.

Paragraph 28 of the NPPF2021 reaffirms the role for Neighbourhood Plans in providing for
non-strategic allocations. Paragraph 29 confirms this must be within the context of
Neighbourhood Plans that do not promote less development than set out in adopted strategy
policies (which in this case will be replaced in the Local Plan 2040). Paragraph 66 of the
NPPF2021 outlines that strategic policies should set out a housing requirement for
designated neighbourhood areas which reflects the overall strategy for the pattern and scale
of development and any relevant allocations. This is an important distinction from the 2012
version of the Framework. However, the Council’s testing of options for the Local Plan 2040
rolls forward a ‘one-size fits all’ distribution of potential levels of growth in Key Service
Centres and Rural Service Centres.

This fundamentally fails to accord with the current requirements of national policy and
guidance and, importantly, has currently precluded the Council from considering ‘hybrid’
alternatives to the spatial strategy that would allow appropriate levels of sustainable
development to be prioritised across the settlement hierarchy.
(ii) Identification of Housing Requirements for Designated Neighbourhood Areas

The Council’s proposed approach is contrary to paragraphs 66 and 67 of the NPPF2021.
Paragraph 66 sets out that strategic policies should also set out a housing requirement for
designated neighbourhood areas which reflects the overall strategy for the pattern and scale of development and any relevant allocations. The Council’s suggestion of rolling forward the contribution from the scale and distribution of growth identified in Policy 4S of the LP2030 is
not justified and not positively prepared.

This is an important component of national policy and guidance in terms of seeking to avoid
conflict between existing and emerging Neighbourhood Plans and the strategic policies of
the Development Plan. This should form part of positive discussions between qualifying
bodies and the local planning authority, recognises the ability of Neighbourhood Plans to
sustain and increase housing delivery. Any indicative requirement figure would take into
consideration relevant policies such as an existing or emerging spatial strategy, alongside
the characteristics of the Neighbourhood Plan area and should minimise the risk of
Neighbourhood Plan figures being superseded when new strategic policies are adopted (ID:
41-102-20190509).

The figures in Policy 4S of the LP2030 are a flawed basis for rolling forward potential
requirements against which Neighbourhood Plans are prepared for the following reasons:
• The figures were determined arbitrarily, without reference to the OAN in place at
the time or strategies for individual settlements;
• In any event the Council’s OAN knowingly represented a significant shortfall
against the government’s policy for calculating housing need, culminating in this
immediate review;
• The figures are applicable only in the context of a foreshortened plan period to
2030; and
• Figures are provided only for certain settlements, with no requirement indicated for
levels of the settlement hierarchy below Rural Service Centres (despite these
having been considered in earlier rounds of plan-making for the LP2030).

It follows that the process for calculation of any indicative requirement would therefore
materially and significantly exceed the evidence base for the LP2030 and the figures in Policy
4S. By extension this means that any evidence produced by groups preparing Plans (for
example assessments of local rural housing needs) whether relating to settlements listed in
Policy 4S or not) would need to be considered in the context of the overall result of the
Standard Method to 2040.

Any impacts upon the evidence based for emerging Neighbourhood Plans must be read
alongside PPG ID: 41-084-20190509, which answers the question ‘when will it be necessary
to review and update a Neighbourhood Plan’ and states in relation to the above issues:
“There is no requirement to review or update a Neighbourhood Plan. However, policies in a
Neighbourhood Plan may become out of date, for example if they conflict with policies in a
Local Plan covering the neighbourhood area that is adopted after the making of the
Neighbourhood Plan. In such cases, the more recent Plan policy takes precedence.”

Remedy
The solution to issues identified in these representations necessitates the Council complying
with the requirements of paragraphs 66 and 67 of the NPPF2021. In doing so, we consider
that a ‘hybrid’ development strategy must remain supported throughout the Plan period,
including recognition of the contribution that this would make towards the shortfall against
local housing need for the period 2020 to 2030 i.e., through ‘top up allocations’.

Without prejudice to any specific conclusions from this work this would support inclusion of
‘village-related’ development as a component of future growth. There may be scope to alter
the distribution of the housing requirement to Key Service Centres upwards or downwards
from the arbitrary figure of 500 units adopted by the Council, depending on the capacity and
other potential benefits for development in these settlements relative to their overall potential
contribution to LHN.