Bedford Borough Local Plan 2040 Plan for Submission

Object

Representation ID: 9928

Received: 29/07/2022

Respondent: Rainier Developments Limited

Agent: Marrons Planning

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

A. Introduction
1. These representations are submitted by Marrons Planning on behalf of Rainier Developments and Strategic Land in response to the Regulation 19 Draft of the Bedford Draft Submission Local Plan 2040 (DSLP2040) prepared by Bedford Borough Council (BBC). There are three main issues with BBC’s approach:
I. BBC have not satisfied the Duty to Cooperate in accordance with s.33A of the Planning and Compulsory Purchase Act 2004, paragraph 24 of the NPPF and paragraph 029 of the Planning Practice Guidance on plan-making. BBC acknowledge within their Duty to Co-operate Position Statement that neighbouring authorities have not yet had sight of their draft policies and strategic allocations, notwithstanding the late stage in the plan-making process. Necessarily, if neighbouring authorities have not seen the detail underpinning the emerging plan, it must follow that they have not meaningfully engaged with it.

A. Introduction
1. These representations are submitted by Marrons Planning on behalf of Rainier Developments and Strategic Land in response to the Regulation 19 Draft of the Bedford Draft Submission Local Plan 2040 (DSLP2040) prepared by Bedford Borough Council (BBC). There are three main issues with BBC’s approach:
I. BBC have not satisfied the Duty to Cooperate in accordance with s.33A of the Planning and Compulsory Purchase Act 2004, paragraph 24 of the NPPF and paragraph 029 of the Planning Practice Guidance on plan-making. BBC acknowledge within their Duty to Co-operate Position Statement that neighbouring authorities have not yet had sight of their draft policies and strategic allocations, notwithstanding the late stage in the plan-making process. Necessarily, if neighbouring authorities have not seen the detail underpinning the emerging plan, it must follow that they have not meaningfully engaged with it.
II. The DSLP2040 is inflexible by relying on strategic allocations which depend on uncommitted infrastructure. For example, the emerging plan includes allocations for 5,800 homes, which depend on East West Rail (EWR) stage 3, despite the Infrastructure and Projects Authority (IPA) concluding that the project now appears ‘unachievable’ (IPA annual report, 2021-2022). Other strategic allocations depend on schemes to upgrade the Strategic Road Network (SRN), all subject to funding bids and the outcome of Road Investment Strategy 3 (RIS3). In parallel there is a lack of evidence to demonstrate that these strategic sites are developable and viable. This all presents significant risks to the DSLP2040’s delivery. Non-strategic sites in sustainable locations which could otherwise help ensure a deliverable 5-year supply have been rejected without justification.
III. The ‘exceptional circumstances’ to justify a departure from the Local Housing Need (LHN) have not been demonstrated in conflict with NPPF61. Over the first ten years of the plan, BBC proposes a housing requirement 25% below the LHN (1,010dpa vs. LHN of 1,355dpa). Furthermore, the enclosed evidence demonstrates that an uplift in the LHN to 1,744dpa is justified. The critical social and economic consequences of not meeting housing needs from the outset of the plan has not been addressed in the Sustainability Appraisal (SA).
2. These three fundamental failings of the DSLP are now expanded upon below.
B. Duty to Cooperate
3. The legal requirements of the Duty to Cooperate needs to be addressed prior to submission of the plan, as set out in NPPG031 Plan-making: “The local plan examination will first assess whether a local planning authority has complied with the duty to cooperate and other legal requirements… As the duty to cooperate relates to the preparation of the plan it cannot be rectified post-submission, so if the Inspector finds that the duty has not been complied with they will recommend that the local plan is not adopted and the examination will not proceed any further…”.
4. At this late stage in the plan-making process (Regulation 19 pre-submission) BBC state that neighbouring authorities have still not had sight of the plan or the strategic site allocations within it (page 5, Duty to Cooperate Position Statements, April 2022). Unresolved issues regarding unmet housing needs, the implications of the Oxford-Cambridge Arc and infrastructure concerns regarding the capacity of transport junctions and congestion are identified throughout BBC’s Duty to Cooperate Position Statements.
5. Whilst BBC sets out that meetings and discussions have taken place, nothing constructive or substantive could have occurred insofar as cooperation and engagement is concerned if these adjoining authorities do not know what is in the plan in terms of its housing requirements, spatial strategy and allocations.
C. Lack of flexibility
Reliance on strategic-scale allocations and new settlements
6. The reliance on strategic-scale sites, including new settlements and extant plan allocations to deliver planned growth is not justified. The DSLP2040 relies on strategic sites comprising 3,175 dwellings finally coming forward on extant allocations (from the 2002 and 2019 plans), two new settlements at Little Barford (4,000 dwellings) and Kempston Hardwick (4,000 dwellings) and other strategic growth on the A421 corridor (4,750 dwellings) – all post 2030.
7. The flaws with this approach are as follows:
• BBC’s own viability evidence demonstrates that the two new settlements at Little Barford (HOU19) and Kempston Hardwick (HOU14) are unviable at the present time (Bedford Local Plan 2040 – Borough Wide Viability Study, BNP Paribas Real Estate, April 2022). The entire strategy is based on speculation that the necessary infrastructure will be in place and that market conditions will have improved to sustain the viability of these schemes.
• It is unclear how strategic infrastructure requirements have been incorporated within the viability appraisal – e.g. Kempston Hardwick New Settlement depends on A421 widening, a £60M scheme where developer funding is to also be sought (refer Infrastructure Delivery Plan (IDP) (AECOM, May 2022)). Similar uncertainty exists for other strategic allocations whereby developer contributions and funding are not identified, limiting the effectiveness of the BBC’s viability evidence.
• Delivering and funding for the strategic infrastructure necessary to unlock the strategic allocations remains uncertain. Table 5.2 of the Bedford Infrastructure Delivery Plan - The Need for a Stepped Trajectory (AECOM, May 2022), sets out the required infrastructure for each strategic site, for example:
EWR
 Both Kempston Hardwick (HOU14, 4,000 homes) and Little Barford (HOU19, 4,000 homes) – entirely depend on EWR stage 3. EWR is also identified as related to the delivery of East Wixhams (HOU16, 1,800 homes). However, there is no preferred alignment as of yet, no government commitment to its delivery nor confirmed funding. The IPA have recently concluded that both EWR stages 2 & 3 are rated ‘red’ where “Successful delivery of the project appears to be unachievable. There are major issues with project definition, schedule, budget, quality and/or benefits delivery, which at this stage do not appear to be manageable or resolvable. The project may need re-scoping and/or its overall viability re-assessed” (IPA Annual Report, 2021-22, page 54). This now calls into question the allocation of these strategic sites, contributing 5,800 homes to BBC’s land supply.
SRN – A428 Black Cat to Caxton Gibbet
 Little Barford is also dependant on this major scheme to the SRN. It is also related to the delivery of River Valley Park (HOU 11, 1,000 dwellings). A decision on the DCO is still pending, as is the government’s funding decision.
SRN – A421 Widening
 This relates to the delivery of 11,930 dwellings comprising allocations HOU3, HOU11, HOU14, HOU16, HOU17 and HOU19. BBC’s IDP identifies that this £60M scheme is dependent on the outcome of RIS3, government funding and developer funding. The outcome of the RIS3 process – whereby BBC will need to make the case for their inclusion in this national investment strategy – is uncertain at this stage, but is clearly fundamental to the delivery of DSLP2040.
 The Bedford Infrastructure Delivery Plan - The Need for a Stepped Trajectory explains that the identified SRN schemes “must be recognised in the RIS [Government’s national Road Investment Strategy] to be funded and delivered. RIS is therefore key to supporting the LP2040.”
SRN – A421 / A600 Junction
 This is identified a direct requirement to unlock delivery of College Farm (HOU17, for 1,000 dwellings). This £1M scheme is also dependant on RIS3, with a combination of funding from national highways and developer funding (the extent of developer funding remaining unclear with respect to the delivery and viability of HOU17).
SRN – B530 / Manor Road / Kiln Road
 A £5M scheme required to unlock the delivery of Kempston Hardwick new settlement, again dependant on the outcome of RIS3.
SRN – Kempston Hardwick Links
 A £5 scheme dependant on funding and investment decisions by East West Rail, again critical to the delivery of Kempston Hardwick new settlement.
SRN – Little Barford Mitigation
 A £1M scheme not expected to open until 2040, all funded by the developer. It is unclear whether or how this has been factored into the viability assessment for the Little Barford allocation.
• The delivery rates and trajectories for the strategic sites remain unjustified at this stage – for example rates of 300-600dpa projected at Little Barford and Kempston Hardwick, rates of development that are unprecedented in Barford. Furthermore, in terms of the plan’s flexibility and effectiveness, it only takes a delay of one or two years (which could be likely given the various infrastructure requirements and lead-in times) to result in a shortfall in housing delivery to 2040.
• The specific capacities of the strategic allocations and new settlements have not been evidenced – for example, HOU14 Kempston Hardwick and HOU19 Little Barford cannot realistically achieve the delivery of 4,000 homes with respect to other land-use requirements, biodiversity net gain and infrastructure requirements.
• There is no evidence that the extant local plan allocations P11, P12, P13, P14 and P25 are deliverable, given a considerable track record of delay since the adoption of plans in 2002 and 2019. No evidence is included to substantiate their rolling forward and re-allocation in the DSLP2040. As can be seen at Appendix C, these sites were expected to have come forward by 2030 in the 2018 housing trajectory supporting the LP2030 but BBC has now conceded that these are not deliverable within the adopted plan period, and pushed them even further back.
• A sole reliance on strategic sites fails to reflect the invaluable role for a mix of sites in having an important contribution to the housing needs of an area and their ability to be built out relatively quickly under NPPF69, and the need for a variety of land (NPPF60).
Lack of 5-year housing land supply
8. In the early years of the plan and even against BBC’s supressed requirements of 970dpa - 1,070dpa under the stepped approach, BBC’s trajectory shows that demonstrating a 5-year housing land supply plus buffer will not be possible upon adoption of the plan (BBC estimate adoption ‘late 2023’ ).
• At 2022/23 BBC would have a supply of just 4.75 years supply (a 5-year requirement of 5,177 dwellings (1,035dpa), including 5% buffer, against a supply of 4,915 dwellings).
9. The above position is reliant on windfalls of 148dpa contributing within the 5-year period. If windfalls are removed - given the lack of justification and evidence – BBC’s position worsens.
• At 2022/23 BBC would have a supply of just 4.08 years supply (a 5-year requirement of 5,177 dwellings (1,035dpa), including 5% buffer, against a supply of 4,223 dwellings, excluding windfalls).
10. BBC’s 5-year land supply is also reliant on extant allocations and sites where ‘clear evidence’ on the deliverability is currently lacking, as set out in Appendix D.
11. Clearly, if the 5-year requirement were to reflect the minimum LHN of 1,355dpa (i.e. no stepped trajectory), or to the uplifted LHN identified in these representations (to 1,733dpa), then the shortfall in deliverable land supply worsens.
Reasonable alternatives to help boost supply
12. The SA rejects the entirely reasonable alternative (a central requirement of NPPG001 – SEA and SA) of delivering homes on non-strategic sites in otherwise sustainable locations. For example, additional growth at Key Service Centres and Rural Service Centres is rejected on the crude assumption that such locations will result in increased car dependency with associated negative consequences in terms of CO2 emissions and air quality. Spatial option 3c was dismissed on this basis and ‘village related growth’ considered the worst component of the strategy (SA paragraphs 7.10, 7.23 and 8.13). However, the Council have not properly assessed the capacity of the KSCs and RSCs to accommodate sustainable growth – there is no assessment of settlement and site options as part of the SA process.
13. It is clear that sustainable, suitable and deliverable sites are available in such locations, as can be seen from the evidence provided at Appendix E (Site 760 Land South of Keeley Lane, Wootton). The evidence shows that such sites are as sustainable as BBC’s preferred allocations and, crucially, are deliverable and can meet pressing local needs.

D. No exceptional circumstances to justify a departure from the LHN
Policy requirements
14. NPPF61 requires that “To determine the minimum number of homes needed, strategic policies should be informed by a local housing need assessment, conducted using the standard method in national planning guidance – unless exceptional circumstances justify an alternative approach which also reflects current and future demographic trends and market signals. In addition to the local housing need figure, any needs that cannot be met within neighbouring areas should also be taken into account in establishing the amount of housing to be planned for.” (Emphasis added).
BBC’s approach and exceptional circumstances
15. BBC proposes a stepped trajectory, whereby provision runs at 970dpa for the first 5-years of the plan (2020-2025), 1,050dpa for 2025-2030 and 1,700dpa for 2030-2040. For the first 10 years of the plan period it therefore averages 1,010dpa, 25% lower than the LHN of 1,355dpa, an overall shortfall of 3,450 dwellings 2020-2030.
16. BBC’s justification for this approach is that there will be long lead-in times to bringing forward the strategic-scale allocations and associated nationally significant infrastructure, which is unlikely to be resolved until 2030 at the earliest. It is based on the assumption that the currently unviable new settlements will be viable post-2030 and that there will be greater certainty on the delivery of infrastructure by this point too (e.g. that commitments and funding decisions will have been made regarding EWR and the outcome of whether funding bids to RIS3 were successful will also be known).
17. However, BBC has not demonstrated why these circumstances are exceptional, with no consideration of market signals nor future demographic trends as NPPF61 requires. In fact, evidence undertaken by Marrons Planning, demonstrates that market signals would lead towards an uplift to the LHN, by at least 378dpa - to 1,733dpa, as explained in the Housing Needs Assessment at Appendix A.
18. Furthermore, BBC has embarked on their strategy without testing the implications of a failure to meet the LHN. The SA simply concludes that the stepped trajectory’s implications for housing delivery will be ‘? uncertain’ (SA, Appendix 8, page 113, SA Objective 12). For such a significant issue which goes to the heart of the whole plan and could hinder achievement of sustainability objectives for economic growth (SA objective 5), providing for residents’ needs (SA objective 13) and social cohesion (SA objective 14) as well as people’s quality of life, health and well-being, this lack of evidence and assessment is a significant omission.
19. On the basis of the above it is clear that exceptional circumstances have not been demonstrated, in conflict with NPPF61.
E. Conclusions
20. These representations demonstrate fundamental failings with DSLP2040.
21. In the first instance, the requirements of the Duty to Cooperate cannot be met, and the plan, as drafted, would be unlikely to progress past the first part of the examination process.
22. In terms of matters of soundness:
I. The plan is inflexible, ineffective and in conflict with the government’s ambition to boost the supply of homes (NPPF60), relying on strategic sites and associated infrastructure, the delivery of which is all uncertain.
II. There are no exceptional circumstances to justify a 25% reduction in the LHN over the first 10 years of the plan period.
23. Taking forward the DSLP2040 could have significant economic impacts given Bedford’s location within the Oxford-Cambridge Arc with a failure to address objectively assessed needs also having severe social consequences in the context of a national housing and affordability crisis, as well as the health and well-being of Bedford’s communities.
24. Critically, none of this has been assessed in the DSLP2040’s supporting SA. Reasonable alternative strategies including non-strategic growth to otherwise sustainable locations – including sites which are deliverable, viable and available now to help boost supply and meet local needs - have been rejected.
Please note: supporting Appendices A-E which accompany these representations are attached and enclosed.

Object

Representation ID: 9929

Received: 29/07/2022

Respondent: Rainier Developments Limited

Agent: Marrons Planning

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

A. Introduction
1. These representations are submitted by Marrons Planning on behalf of Rainier Developments and Strategic Land in response to the Regulation 19 Draft of the Bedford Draft Submission Local Plan 2040 (DSLP2040) prepared by Bedford Borough Council (BBC). There are three main issues with BBC’s approach:
I. BBC have not satisfied the Duty to Cooperate in accordance with s.33A of the Planning and Compulsory Purchase Act 2004, paragraph 24 of the NPPF and paragraph 029 of the Planning Practice Guidance on plan-making. BBC acknowledge within their Duty to Co-operate Position Statement that neighbouring authorities have not yet had sight of their draft policies and strategic allocations, notwithstanding the late stage in the plan-making process. Necessarily, if neighbouring authorities have not seen the detail underpinning the emerging plan, it must follow that they have not meaningfully engaged with it.
II. The DSLP2040 is inflexible by relying on strategic allocations which depend on uncommitted infrastructure. For example, the emerging plan includes allocations for 5,800 homes, which depend on East West Rail (EWR) stage 3, despite the Infrastructure and Projects Authority (IPA) concluding that the project now appears ‘unachievable’ (IPA annual report, 2021-2022). Other strategic allocations depend on schemes to upgrade the Strategic Road Network (SRN), all subject to funding bids and the outcome of Road Investment Strategy 3 (RIS3). In parallel there is a lack of evidence to demonstrate that these strategic sites are developable and viable. This all presents significant risks to the DSLP2040’s delivery. Non-strategic sites in sustainable locations which could otherwise help ensure a deliverable 5-year supply have been rejected without justification.
III. The ‘exceptional circumstances’ to justify a departure from the Local Housing Need (LHN) have not been demonstrated in conflict with NPPF61. Over the first ten years of the plan, BBC proposes a housing requirement 25% below the LHN (1,010dpa vs. LHN of 1,355dpa). Furthermore, the enclosed evidence demonstrates that an uplift in the LHN to 1,744dpa is justified. The critical social and economic consequences of not meeting housing needs from the outset of the plan has not been addressed in the Sustainability Appraisal (SA).
2. These three fundamental failings of the DSLP are now expanded upon below.
B. Duty to Cooperate
3. The legal requirements of the Duty to Cooperate needs to be addressed prior to submission of the plan, as set out in NPPG031 Plan-making: “The local plan examination will first assess whether a local planning authority has complied with the duty to cooperate and other legal requirements… As the duty to cooperate relates to the preparation of the plan it cannot be rectified post-submission, so if the Inspector finds that the duty has not been complied with they will recommend that the local plan is not adopted and the examination will not proceed any further…”.
4. At this late stage in the plan-making process (Regulation 19 pre-submission) BBC state that neighbouring authorities have still not had sight of the plan or the strategic site allocations within it (page 5, Duty to Cooperate Position Statements, April 2022). Unresolved issues regarding unmet housing needs, the implications of the Oxford-Cambridge Arc and infrastructure concerns regarding the capacity of transport junctions and congestion are identified throughout BBC’s Duty to Cooperate Position Statements.
5. Whilst BBC sets out that meetings and discussions have taken place, nothing constructive or substantive could have occurred insofar as cooperation and engagement is concerned if these adjoining authorities do not know what is in the plan in terms of its housing requirements, spatial strategy and allocations.
C. Lack of flexibility
Reliance on strategic-scale allocations and new settlements
6. The reliance on strategic-scale sites, including new settlements and extant plan allocations to deliver planned growth is not justified. The DSLP2040 relies on strategic sites comprising 3,175 dwellings finally coming forward on extant allocations (from the 2002 and 2019 plans), two new settlements at Little Barford (4,000 dwellings) and Kempston Hardwick (4,000 dwellings) and other strategic growth on the A421 corridor (4,750 dwellings) – all post 2030.
7. The flaws with this approach are as follows:
• BBC’s own viability evidence demonstrates that the two new settlements at Little Barford (HOU19) and Kempston Hardwick (HOU14) are unviable at the present time (Bedford Local Plan 2040 – Borough Wide Viability Study, BNP Paribas Real Estate, April 2022). The entire strategy is based on speculation that the necessary infrastructure will be in place and that market conditions will have improved to sustain the viability of these schemes.
• It is unclear how strategic infrastructure requirements have been incorporated within the viability appraisal – e.g. Kempston Hardwick New Settlement depends on A421 widening, a £60M scheme where developer funding is to also be sought (refer Infrastructure Delivery Plan (IDP) (AECOM, May 2022)). Similar uncertainty exists for other strategic allocations whereby developer contributions and funding are not identified, limiting the effectiveness of the BBC’s viability evidence.
• Delivering and funding for the strategic infrastructure necessary to unlock the strategic allocations remains uncertain. Table 5.2 of the Bedford Infrastructure Delivery Plan - The Need for a Stepped Trajectory (AECOM, May 2022), sets out the required infrastructure for each strategic site, for example:
EWR
 Both Kempston Hardwick (HOU14, 4,000 homes) and Little Barford (HOU19, 4,000 homes) – entirely depend on EWR stage 3. EWR is also identified as related to the delivery of East Wixhams (HOU16, 1,800 homes). However, there is no preferred alignment as of yet, no government commitment to its delivery nor confirmed funding. The IPA have recently concluded that both EWR stages 2 & 3 are rated ‘red’ where “Successful delivery of the project appears to be unachievable. There are major issues with project definition, schedule, budget, quality and/or benefits delivery, which at this stage do not appear to be manageable or resolvable. The project may need re-scoping and/or its overall viability re-assessed” (IPA Annual Report, 2021-22, page 54). This now calls into question the allocation of these strategic sites, contributing 5,800 homes to BBC’s land supply.
SRN – A428 Black Cat to Caxton Gibbet
 Little Barford is also dependant on this major scheme to the SRN. It is also related to the delivery of River Valley Park (HOU 11, 1,000 dwellings). A decision on the DCO is still pending, as is the government’s funding decision.
SRN – A421 Widening
 This relates to the delivery of 11,930 dwellings comprising allocations HOU3, HOU11, HOU14, HOU16, HOU17 and HOU19. BBC’s IDP identifies that this £60M scheme is dependent on the outcome of RIS3, government funding and developer funding. The outcome of the RIS3 process – whereby BBC will need to make the case for their inclusion in this national investment strategy – is uncertain at this stage, but is clearly fundamental to the delivery of DSLP2040.
 The Bedford Infrastructure Delivery Plan - The Need for a Stepped Trajectory explains that the identified SRN schemes “must be recognised in the RIS [Government’s national Road Investment Strategy] to be funded and delivered. RIS is therefore key to supporting the LP2040.”
SRN – A421 / A600 Junction
 This is identified a direct requirement to unlock delivery of College Farm (HOU17, for 1,000 dwellings). This £1M scheme is also dependant on RIS3, with a combination of funding from national highways and developer funding (the extent of developer funding remaining unclear with respect to the delivery and viability of HOU17).
SRN – B530 / Manor Road / Kiln Road
 A £5M scheme required to unlock the delivery of Kempston Hardwick new settlement, again dependant on the outcome of RIS3.
SRN – Kempston Hardwick Links
 A £5 scheme dependant on funding and investment decisions by East West Rail, again critical to the delivery of Kempston Hardwick new settlement.
SRN – Little Barford Mitigation
 A £1M scheme not expected to open until 2040, all funded by the developer. It is unclear whether or how this has been factored into the viability assessment for the Little Barford allocation.
• The delivery rates and trajectories for the strategic sites remain unjustified at this stage – for example rates of 300-600dpa projected at Little Barford and Kempston Hardwick, rates of development that are unprecedented in Barford. Furthermore, in terms of the plan’s flexibility and effectiveness, it only takes a delay of one or two years (which could be likely given the various infrastructure requirements and lead-in times) to result in a shortfall in housing delivery to 2040.
• The specific capacities of the strategic allocations and new settlements have not been evidenced – for example, HOU14 Kempston Hardwick and HOU19 Little Barford cannot realistically achieve the delivery of 4,000 homes with respect to other land-use requirements, biodiversity net gain and infrastructure requirements.
• There is no evidence that the extant local plan allocations P11, P12, P13, P14 and P25 are deliverable, given a considerable track record of delay since the adoption of plans in 2002 and 2019. No evidence is included to substantiate their rolling forward and re-allocation in the DSLP2040. As can be seen at Appendix C, these sites were expected to have come forward by 2030 in the 2018 housing trajectory supporting the LP2030 but BBC has now conceded that these are not deliverable within the adopted plan period, and pushed them even further back.
• A sole reliance on strategic sites fails to reflect the invaluable role for a mix of sites in having an important contribution to the housing needs of an area and their ability to be built out relatively quickly under NPPF69, and the need for a variety of land (NPPF60).
Lack of 5-year housing land supply
8. In the early years of the plan and even against BBC’s supressed requirements of 970dpa - 1,070dpa under the stepped approach, BBC’s trajectory shows that demonstrating a 5-year housing land supply plus buffer will not be possible upon adoption of the plan (BBC estimate adoption ‘late 2023’ ).
• At 2022/23 BBC would have a supply of just 4.75 years supply (a 5-year requirement of 5,177 dwellings (1,035dpa), including 5% buffer, against a supply of 4,915 dwellings).
9. The above position is reliant on windfalls of 148dpa contributing within the 5-year period. If windfalls are removed - given the lack of justification and evidence – BBC’s position worsens.
• At 2022/23 BBC would have a supply of just 4.08 years supply (a 5-year requirement of 5,177 dwellings (1,035dpa), including 5% buffer, against a supply of 4,223 dwellings, excluding windfalls).
10. BBC’s 5-year land supply is also reliant on extant allocations and sites where ‘clear evidence’ on the deliverability is currently lacking, as set out in Appendix D.
11. Clearly, if the 5-year requirement were to reflect the minimum LHN of 1,355dpa (i.e. no stepped trajectory), or to the uplifted LHN identified in these representations (to 1,733dpa), then the shortfall in deliverable land supply worsens.
Reasonable alternatives to help boost supply
12. The SA rejects the entirely reasonable alternative (a central requirement of NPPG001 – SEA and SA) of delivering homes on non-strategic sites in otherwise sustainable locations. For example, additional growth at Key Service Centres and Rural Service Centres is rejected on the crude assumption that such locations will result in increased car dependency with associated negative consequences in terms of CO2 emissions and air quality. Spatial option 3c was dismissed on this basis and ‘village related growth’ considered the worst component of the strategy (SA paragraphs 7.10, 7.23 and 8.13). However, the Council have not properly assessed the capacity of the KSCs and RSCs to accommodate sustainable growth – there is no assessment of settlement and site options as part of the SA process.
13. It is clear that sustainable, suitable and deliverable sites are available in such locations, as can be seen from the evidence provided at Appendix E (Site 760 Land South of Keeley Lane, Wootton). The evidence shows that such sites are as sustainable as BBC’s preferred allocations and, crucially, are deliverable and can meet pressing local needs.

D. No exceptional circumstances to justify a departure from the LHN
Policy requirements
14. NPPF61 requires that “To determine the minimum number of homes needed, strategic policies should be informed by a local housing need assessment, conducted using the standard method in national planning guidance – unless exceptional circumstances justify an alternative approach which also reflects current and future demographic trends and market signals. In addition to the local housing need figure, any needs that cannot be met within neighbouring areas should also be taken into account in establishing the amount of housing to be planned for.” (Emphasis added).
BBC’s approach and exceptional circumstances
15. BBC proposes a stepped trajectory, whereby provision runs at 970dpa for the first 5-years of the plan (2020-2025), 1,050dpa for 2025-2030 and 1,700dpa for 2030-2040. For the first 10 years of the plan period it therefore averages 1,010dpa, 25% lower than the LHN of 1,355dpa, an overall shortfall of 3,450 dwellings 2020-2030.
16. BBC’s justification for this approach is that there will be long lead-in times to bringing forward the strategic-scale allocations and associated nationally significant infrastructure, which is unlikely to be resolved until 2030 at the earliest. It is based on the assumption that the currently unviable new settlements will be viable post-2030 and that there will be greater certainty on the delivery of infrastructure by this point too (e.g. that commitments and funding decisions will have been made regarding EWR and the outcome of whether funding bids to RIS3 were successful will also be known).
17. However, BBC has not demonstrated why these circumstances are exceptional, with no consideration of market signals nor future demographic trends as NPPF61 requires. In fact, evidence undertaken by Marrons Planning, demonstrates that market signals would lead towards an uplift to the LHN, by at least 378dpa - to 1,733dpa, as explained in the Housing Needs Assessment at Appendix A.
18. Furthermore, BBC has embarked on their strategy without testing the implications of a failure to meet the LHN. The SA simply concludes that the stepped trajectory’s implications for housing delivery will be ‘? uncertain’ (SA, Appendix 8, page 113, SA Objective 12). For such a significant issue which goes to the heart of the whole plan and could hinder achievement of sustainability objectives for economic growth (SA objective 5), providing for residents’ needs (SA objective 13) and social cohesion (SA objective 14) as well as people’s quality of life, health and well-being, this lack of evidence and assessment is a significant omission.
19. On the basis of the above it is clear that exceptional circumstances have not been demonstrated, in conflict with NPPF61.
E. Conclusions
20. These representations demonstrate fundamental failings with DSLP2040.
21. In the first instance, the requirements of the Duty to Cooperate cannot be met, and the plan, as drafted, would be unlikely to progress past the first part of the examination process.
22. In terms of matters of soundness:
I. The plan is inflexible, ineffective and in conflict with the government’s ambition to boost the supply of homes (NPPF60), relying on strategic sites and associated infrastructure, the delivery of which is all uncertain.
II. There are no exceptional circumstances to justify a 25% reduction in the LHN over the first 10 years of the plan period.
23. Taking forward the DSLP2040 could have significant economic impacts given Bedford’s location within the Oxford-Cambridge Arc with a failure to address objectively assessed needs also having severe social consequences in the context of a national housing and affordability crisis, as well as the health and well-being of Bedford’s communities.
24. Critically, none of this has been assessed in the DSLP2040’s supporting SA. Reasonable alternative strategies including non-strategic growth to otherwise sustainable locations – including sites which are deliverable, viable and available now to help boost supply and meet local needs - have been rejected.
Please note: supporting Appendices A-E which accompany these representations are attached and enclosed.

Object

Representation ID: 9932

Received: 29/07/2022

Respondent: Rainier Developments Limited

Agent: Marrons Planning

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

OBJECT: The Vision is unsound, reflecting a spatial strategy which is inflexible and ineffective. The exceptional circumstances to justify a departure from the LHN have not been demonstrated in conflict with NPPF61.

Further justification and detail is provided in response to Policy DS2(S) and DS3(S).

Object

Representation ID: 9933

Received: 29/07/2022

Respondent: Rainier Developments Limited

Agent: Marrons Planning

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

A. Introduction
1. These representations are submitted by Marrons Planning on behalf of Rainier Developments and Strategic Land in response to the Regulation 19 Draft of the Bedford Draft Submission Local Plan 2040 (DSLP2040) prepared by Bedford Borough Council (BBC). There are three main issues with BBC’s approach:
I. BBC have not satisfied the Duty to Cooperate in accordance with s.33A of the Planning and Compulsory Purchase Act 2004, paragraph 24 of the NPPF and paragraph 029 of the Planning Practice Guidance on plan-making. BBC acknowledge within their Duty to Co-operate Position Statement that neighbouring authorities have not yet had sight of their draft policies and strategic allocations, notwithstanding the late stage in the plan-making process. Necessarily, if neighbouring authorities have not seen the detail underpinning the emerging plan, it must follow that they have not meaningfully engaged with it.
II. The DSLP2040 is inflexible by relying on strategic allocations which depend on uncommitted infrastructure. For example, the emerging plan includes allocations for 5,800 homes, which depend on East West Rail (EWR) stage 3, despite the Infrastructure and Projects Authority (IPA) concluding that the project now appears ‘unachievable’ (IPA annual report, 2021-2022). Other strategic allocations depend on schemes to upgrade the Strategic Road Network (SRN), all subject to funding bids and the outcome of Road Investment Strategy 3 (RIS3). In parallel there is a lack of evidence to demonstrate that these strategic sites are developable and viable. This all presents significant risks to the DSLP2040’s delivery. Non-strategic sites in sustainable locations which could otherwise help ensure a deliverable 5-year supply have been rejected without justification.
III. The ‘exceptional circumstances’ to justify a departure from the Local Housing Need (LHN) have not been demonstrated in conflict with NPPF61. Over the first ten years of the plan, BBC proposes a housing requirement 25% below the LHN (1,010dpa vs. LHN of 1,355dpa). Furthermore, the enclosed evidence demonstrates that an uplift in the LHN to 1,744dpa is justified. The critical social and economic consequences of not meeting housing needs from the outset of the plan has not been addressed in the Sustainability Appraisal (SA).
2. These three fundamental failings of the DSLP are now expanded upon below.
B. Duty to Cooperate
3. The legal requirements of the Duty to Cooperate needs to be addressed prior to submission of the plan, as set out in NPPG031 Plan-making: “The local plan examination will first assess whether a local planning authority has complied with the duty to cooperate and other legal requirements… As the duty to cooperate relates to the preparation of the plan it cannot be rectified post-submission, so if the Inspector finds that the duty has not been complied with they will recommend that the local plan is not adopted and the examination will not proceed any further…”.
4. At this late stage in the plan-making process (Regulation 19 pre-submission) BBC state that neighbouring authorities have still not had sight of the plan or the strategic site allocations within it (page 5, Duty to Cooperate Position Statements, April 2022). Unresolved issues regarding unmet housing needs, the implications of the Oxford-Cambridge Arc and infrastructure concerns regarding the capacity of transport junctions and congestion are identified throughout BBC’s Duty to Cooperate Position Statements.
5. Whilst BBC sets out that meetings and discussions have taken place, nothing constructive or substantive could have occurred insofar as cooperation and engagement is concerned if these adjoining authorities do not know what is in the plan in terms of its housing requirements, spatial strategy and allocations.
C. Lack of flexibility
Reliance on strategic-scale allocations and new settlements
6. The reliance on strategic-scale sites, including new settlements and extant plan allocations to deliver planned growth is not justified. The DSLP2040 relies on strategic sites comprising 3,175 dwellings finally coming forward on extant allocations (from the 2002 and 2019 plans), two new settlements at Little Barford (4,000 dwellings) and Kempston Hardwick (4,000 dwellings) and other strategic growth on the A421 corridor (4,750 dwellings) – all post 2030.
7. The flaws with this approach are as follows:
• BBC’s own viability evidence demonstrates that the two new settlements at Little Barford (HOU19) and Kempston Hardwick (HOU14) are unviable at the present time (Bedford Local Plan 2040 – Borough Wide Viability Study, BNP Paribas Real Estate, April 2022). The entire strategy is based on speculation that the necessary infrastructure will be in place and that market conditions will have improved to sustain the viability of these schemes.
• It is unclear how strategic infrastructure requirements have been incorporated within the viability appraisal – e.g. Kempston Hardwick New Settlement depends on A421 widening, a £60M scheme where developer funding is to also be sought (refer Infrastructure Delivery Plan (IDP) (AECOM, May 2022)). Similar uncertainty exists for other strategic allocations whereby developer contributions and funding are not identified, limiting the effectiveness of the BBC’s viability evidence.
• Delivering and funding for the strategic infrastructure necessary to unlock the strategic allocations remains uncertain. Table 5.2 of the Bedford Infrastructure Delivery Plan - The Need for a Stepped Trajectory (AECOM, May 2022), sets out the required infrastructure for each strategic site, for example:
EWR
 Both Kempston Hardwick (HOU14, 4,000 homes) and Little Barford (HOU19, 4,000 homes) – entirely depend on EWR stage 3. EWR is also identified as related to the delivery of East Wixhams (HOU16, 1,800 homes). However, there is no preferred alignment as of yet, no government commitment to its delivery nor confirmed funding. The IPA have recently concluded that both EWR stages 2 & 3 are rated ‘red’ where “Successful delivery of the project appears to be unachievable. There are major issues with project definition, schedule, budget, quality and/or benefits delivery, which at this stage do not appear to be manageable or resolvable. The project may need re-scoping and/or its overall viability re-assessed” (IPA Annual Report, 2021-22, page 54). This now calls into question the allocation of these strategic sites, contributing 5,800 homes to BBC’s land supply.
SRN – A428 Black Cat to Caxton Gibbet
 Little Barford is also dependant on this major scheme to the SRN. It is also related to the delivery of River Valley Park (HOU 11, 1,000 dwellings). A decision on the DCO is still pending, as is the government’s funding decision.
SRN – A421 Widening
 This relates to the delivery of 11,930 dwellings comprising allocations HOU3, HOU11, HOU14, HOU16, HOU17 and HOU19. BBC’s IDP identifies that this £60M scheme is dependent on the outcome of RIS3, government funding and developer funding. The outcome of the RIS3 process – whereby BBC will need to make the case for their inclusion in this national investment strategy – is uncertain at this stage, but is clearly fundamental to the delivery of DSLP2040.
 The Bedford Infrastructure Delivery Plan - The Need for a Stepped Trajectory explains that the identified SRN schemes “must be recognised in the RIS [Government’s national Road Investment Strategy] to be funded and delivered. RIS is therefore key to supporting the LP2040.”
SRN – A421 / A600 Junction
 This is identified a direct requirement to unlock delivery of College Farm (HOU17, for 1,000 dwellings). This £1M scheme is also dependant on RIS3, with a combination of funding from national highways and developer funding (the extent of developer funding remaining unclear with respect to the delivery and viability of HOU17).
SRN – B530 / Manor Road / Kiln Road
 A £5M scheme required to unlock the delivery of Kempston Hardwick new settlement, again dependant on the outcome of RIS3.
SRN – Kempston Hardwick Links
 A £5 scheme dependant on funding and investment decisions by East West Rail, again critical to the delivery of Kempston Hardwick new settlement.
SRN – Little Barford Mitigation
 A £1M scheme not expected to open until 2040, all funded by the developer. It is unclear whether or how this has been factored into the viability assessment for the Little Barford allocation.
• The delivery rates and trajectories for the strategic sites remain unjustified at this stage – for example rates of 300-600dpa projected at Little Barford and Kempston Hardwick, rates of development that are unprecedented in Barford. Furthermore, in terms of the plan’s flexibility and effectiveness, it only takes a delay of one or two years (which could be likely given the various infrastructure requirements and lead-in times) to result in a shortfall in housing delivery to 2040.
• The specific capacities of the strategic allocations and new settlements have not been evidenced – for example, HOU14 Kempston Hardwick and HOU19 Little Barford cannot realistically achieve the delivery of 4,000 homes with respect to other land-use requirements, biodiversity net gain and infrastructure requirements.
• There is no evidence that the extant local plan allocations P11, P12, P13, P14 and P25 are deliverable, given a considerable track record of delay since the adoption of plans in 2002 and 2019. No evidence is included to substantiate their rolling forward and re-allocation in the DSLP2040. As can be seen at Appendix C, these sites were expected to have come forward by 2030 in the 2018 housing trajectory supporting the LP2030 but BBC has now conceded that these are not deliverable within the adopted plan period, and pushed them even further back.
• A sole reliance on strategic sites fails to reflect the invaluable role for a mix of sites in having an important contribution to the housing needs of an area and their ability to be built out relatively quickly under NPPF69, and the need for a variety of land (NPPF60).
Lack of 5-year housing land supply
8. In the early years of the plan and even against BBC’s supressed requirements of 970dpa - 1,070dpa under the stepped approach, BBC’s trajectory shows that demonstrating a 5-year housing land supply plus buffer will not be possible upon adoption of the plan (BBC estimate adoption ‘late 2023’ ).
• At 2022/23 BBC would have a supply of just 4.75 years supply (a 5-year requirement of 5,177 dwellings (1,035dpa), including 5% buffer, against a supply of 4,915 dwellings).
9. The above position is reliant on windfalls of 148dpa contributing within the 5-year period. If windfalls are removed - given the lack of justification and evidence – BBC’s position worsens.
• At 2022/23 BBC would have a supply of just 4.08 years supply (a 5-year requirement of 5,177 dwellings (1,035dpa), including 5% buffer, against a supply of 4,223 dwellings, excluding windfalls).
10. BBC’s 5-year land supply is also reliant on extant allocations and sites where ‘clear evidence’ on the deliverability is currently lacking, as set out in Appendix D.
11. Clearly, if the 5-year requirement were to reflect the minimum LHN of 1,355dpa (i.e. no stepped trajectory), or to the uplifted LHN identified in these representations (to 1,733dpa), then the shortfall in deliverable land supply worsens.
Reasonable alternatives to help boost supply
12. The SA rejects the entirely reasonable alternative (a central requirement of NPPG001 – SEA and SA) of delivering homes on non-strategic sites in otherwise sustainable locations. For example, additional growth at Key Service Centres and Rural Service Centres is rejected on the crude assumption that such locations will result in increased car dependency with associated negative consequences in terms of CO2 emissions and air quality. Spatial option 3c was dismissed on this basis and ‘village related growth’ considered the worst component of the strategy (SA paragraphs 7.10, 7.23 and 8.13). However, the Council have not properly assessed the capacity of the KSCs and RSCs to accommodate sustainable growth – there is no assessment of settlement and site options as part of the SA process.
13. It is clear that sustainable, suitable and deliverable sites are available in such locations, as can be seen from the evidence provided at Appendix E (Site 760 Land South of Keeley Lane, Wootton). The evidence shows that such sites are as sustainable as BBC’s preferred allocations and, crucially, are deliverable and can meet pressing local needs.

D. No exceptional circumstances to justify a departure from the LHN
Policy requirements
14. NPPF61 requires that “To determine the minimum number of homes needed, strategic policies should be informed by a local housing need assessment, conducted using the standard method in national planning guidance – unless exceptional circumstances justify an alternative approach which also reflects current and future demographic trends and market signals. In addition to the local housing need figure, any needs that cannot be met within neighbouring areas should also be taken into account in establishing the amount of housing to be planned for.” (Emphasis added).
BBC’s approach and exceptional circumstances
15. BBC proposes a stepped trajectory, whereby provision runs at 970dpa for the first 5-years of the plan (2020-2025), 1,050dpa for 2025-2030 and 1,700dpa for 2030-2040. For the first 10 years of the plan period it therefore averages 1,010dpa, 25% lower than the LHN of 1,355dpa, an overall shortfall of 3,450 dwellings 2020-2030.
16. BBC’s justification for this approach is that there will be long lead-in times to bringing forward the strategic-scale allocations and associated nationally significant infrastructure, which is unlikely to be resolved until 2030 at the earliest. It is based on the assumption that the currently unviable new settlements will be viable post-2030 and that there will be greater certainty on the delivery of infrastructure by this point too (e.g. that commitments and funding decisions will have been made regarding EWR and the outcome of whether funding bids to RIS3 were successful will also be known).
17. However, BBC has not demonstrated why these circumstances are exceptional, with no consideration of market signals nor future demographic trends as NPPF61 requires. In fact, evidence undertaken by Marrons Planning, demonstrates that market signals would lead towards an uplift to the LHN, by at least 378dpa - to 1,733dpa, as explained in the Housing Needs Assessment at Appendix A.
18. Furthermore, BBC has embarked on their strategy without testing the implications of a failure to meet the LHN. The SA simply concludes that the stepped trajectory’s implications for housing delivery will be ‘? uncertain’ (SA, Appendix 8, page 113, SA Objective 12). For such a significant issue which goes to the heart of the whole plan and could hinder achievement of sustainability objectives for economic growth (SA objective 5), providing for residents’ needs (SA objective 13) and social cohesion (SA objective 14) as well as people’s quality of life, health and well-being, this lack of evidence and assessment is a significant omission.
19. On the basis of the above it is clear that exceptional circumstances have not been demonstrated, in conflict with NPPF61.
E. Conclusions
20. These representations demonstrate fundamental failings with DSLP2040.
21. In the first instance, the requirements of the Duty to Cooperate cannot be met, and the plan, as drafted, would be unlikely to progress past the first part of the examination process.
22. In terms of matters of soundness:
I. The plan is inflexible, ineffective and in conflict with the government’s ambition to boost the supply of homes (NPPF60), relying on strategic sites and associated infrastructure, the delivery of which is all uncertain.
II. There are no exceptional circumstances to justify a 25% reduction in the LHN over the first 10 years of the plan period.
23. Taking forward the DSLP2040 could have significant economic impacts given Bedford’s location within the Oxford-Cambridge Arc with a failure to address objectively assessed needs also having severe social consequences in the context of a national housing and affordability crisis, as well as the health and well-being of Bedford’s communities.
24. Critically, none of this has been assessed in the DSLP2040’s supporting SA. Reasonable alternative strategies including non-strategic growth to otherwise sustainable locations – including sites which are deliverable, viable and available now to help boost supply and meet local needs - have been rejected.