Bedford Borough Local Plan 2040 Plan for Submission

Object

Representation ID: 10390

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

On behalf of our client FCC Environment (UK) Ltd (FCC), we set out our comments to the Bedford Local Plan 2040 Plan for Submission Consultation Document. Where necessary, these representations draw on the comments previously made to the 2020 Local Plan Issues and Options and Call for Sites submissions and 2021 Draft Plan Strategy Options and Draft Policies consultations.
We support the vision and objectives set out within Chapter 2 of the Local Plan. The vision acknowledges the benefits the development of East West Rail and the Oxford and Cambridge arc will deliver in increasing connectivity, investment and growth. We support the vision for the development of high quality commercial and office spaces. FCC’s site at Elstow South, Wilstead Road, is sustainability located to help deliver the vision and objectives of the Local Plan.
Policy DS1 (S) – Resources and Climate Change – The Local Plan 2040 proposes to replace the existing Local Plan 2030 policy 51S with this additional strategic policy. This new policy which builds on the existing climate change policy within Local Plan 2030 is supported.
However, the current wording of the policy is not clear with regards to which and how many criteria a proposed development would need to meet in order to satisfy the policy requirements.
Paragraph 16 (d) of the National Planning Policy Framework (NPPF) confirms that plans should contain policies that are clearly written and unambiguous, so that it is evident how a decision maker should react to development proposals.

Object

Representation ID: 10391

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy DS2 (S) – Spatial Strategy – The spatial strategy set out within policy DS2(S) is supported. This proposes a sustainable pattern of growth directing development in the urban area and at locations with great accessibility to rail stations and where walking neighbourhoods can be created
The policy confirms development will be focussed at specified strategic locations adjacent to the urban area and at growth locations within the A421 / East West Rail corridor. All new development is required to contribute towards achieving the stated objectives and policies of the plan. This is in accordance with paragraph 22 of the NPPF which confirms that strategic policies should look ahead over a minimum 15 year period from adoption to anticipate and respond to long-term requirements and opportunities, such as those arising from major improvements in infrastructure.
The policy provides further detail of where development will be supported. This includes growth locations on the East West Rail / A421 transport corridor and with the potential for rail based growth. There are three sub-headings within this section, these are:
- South of Bedford policy area
- Little Barford area
- Other employment sites
The text for ‘Other Employment Sites’ states:
Locations well-related to the strategic road and rail network that will deliver employment growth, making Bedford an attractive place to do business.
Does the reference to employment sites relate to only those sites allocated for employment development, or does it also provide an allowance for other sustainable sites to come forward providing they are in a suitable location and currently in employment use? Greater clarity should be provided within this key policy so that it is effective in accordance with the NPPF.

Object

Representation ID: 10392

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy DS5 (S) Distribution of growth – This policy confirms that 50ha of employment land will be delivered within the growth locations on the A421 transport corridor and with the potential for rail based growth. This policy allows for some housing development (400 dwellings) beyond the plan period but no allowance is provided for employment land. It is unclear why the Council has adopted a different position in respect of employment and housing.

Object

Representation ID: 10393

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy HOU 12 South of Bedford Area
Figure 5 Strategic Concept Plan – South of Bedford shows FCC’s Elstow South site within the middle of the area defined as ‘South of Bedford’. It is evident that the site, if allocated, can help to deliver the strategic objectives of the Local Plan. To the north east of the site is the allocation at Pear Tree Far (EMP5) and to the west is the Kempston Hardwick New Settlement (HOU14).
The Elstow site is sustainably located as it adjoins the Urban Area Boundary at its most northern point. A Site Context Figure was prepared to support representations made in 2021. This has been updated to reflect the additional / revised allocations within this plan. Figure 1 Rev A (enclosed) shows the site in relation to the Urban Area Boundary (UAB) and Settlement Policy Area (SPA).
The UAB is approximately 60m from the north-eastern corner of the site and the southern boundary of the site clearly adjoins the SPA. The site is also located adjacent to the proposed new settlement at Kempston Hardwick. As illustrated on Figure 1, the site is located within an area which has and will continue to experience considerable economic development. Figure 1 reflects the Strategic Concept Plan at Figure 5 of the Local Plan, the Elstow site is located within the middle of the South of Bedford policy area. Whilst the site sits currently outside of the UAB and SPA it is closely connected to both areas. The proximity of the site to other industrial uses, the UAB and SPA weighs heavily in the site’s favour for allocation.

Object

Representation ID: 10394

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy HOU14 Kempston Hardwick New Settlement – FCC support this allocation. As set out within the Call for Sites Submission FCC has undertaken initial feasibility work to explore options of providing a new link road from the A6 in the east across the Site to provide direct access to the land to the west of the railway line which forms part of this proposed allocation.
The new road would be taken from the existing roundabout to the north east of FCC’s site, route through the Site to join the new road network proposed as part of the Kempston Hardwick New Settlement. The purpose of the link road would be to reduce congestion between central Bedford and Kempston Hardwick.
The link road would provide a direct route between the Kempston Hardwick New Settlement and the A421 which forms part of the trunk road network.
As set out within the Call for Sites submission and representations made to the 2021 consultation, FCC’s Elstow South site will become available for development within the plan period. The site has planning permission to be restored to create a site which is level with adjoining land. The discharge of conditions applications to allow infilling work to commence are due to be determined in the coming months.
The ‘Housing Land and Employment Land Availability Assessment and Site Assessment’ (HELAA) document (May 2022) confirms that Elstow South (referred to as ‘Site 947 Land of Wilstead Road’) was discounted at Stage 2 of the Assessment on the basis that: “The site requires significant remediation and is not currently available.”
The Local Plan is required to allocate sites for development over the plan period. As set out above, the discharge of conditions applications which provide the detail on the restoration of the site are well progressed and the site will be restored and available for development by 2031. The HELAA document confirms that for a site to be considered available for development, there are no legal or ownership impediments to development and the landowner has expressed an intention to develop. The Planning Practice Guidance provides further detail on what happens when constraints are identified that impact on the suitability, availability and achievability (Paragraph: 021 Reference ID: 3-021-20190722). It states that where constraints have been identified, then assessment will need to consider what action could be taken to overcome them. Dewatering of the voids has commenced, the discharge of conditions applications are well progressed and FCC intend to commence the infill works to create a development platform in 2023.

Object

Representation ID: 10395

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy DM7 – Environmental Net Gain – This policy only applies to major planning applications, no detail is provided regarding smaller sites and minor developments. Natural England have published additional information regarding the requirements for small sites within their January 2022 consultation document. This confirmed that they intend to take forward the option of a simplified biodiversity metric for developments on small sites.

Object

Representation ID: 10396

Received: 29/07/2022

Respondent: FCC Environment UK Ltd

Agent: Axis PED Ltd

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy DM8 – New employment development in the countryside –
This policy is intended to replace Local Plan 2030 Policy 75 in order to make it more effective in its implementation.
We support the amendments to this policy, which include an update to the wording at criterion (i) which now allows new development within an existing employment area whereas previously, this criterion related only to development within a defined employment area. This provides greater flexibility for sustainable development to come forward on existing employment sites within the countryside.