Publication Plan April 2024

Comment

Representation ID: 7074

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Any assessment of cumulative impact and mitigation requested must be proportionate and CIL Regulation 122 complaint – the policy should be explicit that this is the case. The policy ought to make clear that infrastructure contributions can take a number of forms. The policy is unsound as it is neither justified not consistent with national policy.

Comment

Representation ID: 7075

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

The wording of point B should be revisited to ensure consistency with NPPF Paragraph 115. Point e is unclear and lacks clarity in the context of the policy, it is unclear why a policy relating to sustainable transport is seeking to minimise the impact of noise. The policy is unsound as it is neither justified not consistent with national policy.

Comment

Representation ID: 7076

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Whilst important that consideration is given to the potential requirement for a species mitigation licence, this should be identified within the supporting text or the Natural Environment and Biodiversity SPD for information purposes only. The requirement should be deleted from NB1. The provisions are reliant upon Natural England responding in relation to an initial licence application which is considered onerous and unnecessary given NE are not required to grant at this stage. To require this input ‘upfront’ has the potential to unnecessarily slow the submission of applications.

Comment

Representation ID: 7077

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

The NPPF recognises the economic and other benefits of agricultural land which should be considered in the overall planning balance alongside the provision of much needed homes. The policy should be amended to accurately reflect the provisions of national policy. The policy is unsound as it is neither justified not consistent with national policy.

Comment

Representation ID: 7078

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Clowes are supportive of the need to address net losses to biodiversity. Given the 10% BNG is a mandatory requirement for all developments, the detailed provisions in NB2 are considered unnecessary and a duplication of national policy requirements. The policy should be simplified with clauses A-C deleted so as to avoid potential misinterpretation within the wording.

Comment

Representation ID: 7079

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Amendment to the policy to read ‘all trees, woodland and hedgerows should be protected and retained wherever possible’. Some loss of trees and hedgerows is likely to be inevitable as it is almost always necessary to remove hedgerows to accommodate vehicular access to the site.

Object

Representation ID: 7080

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

Although a move towards delivering greater energy efficiency is supported, it is important that the Development Plan’s response to climate change is realistic and consistent with national legislation and policy provisions. The recent Ministerial Statement was clear that Local Plans should not be placing onerous requirements on developers which exceed the requirements of national Building Regulations. The Local Plan is not supported by robust evidence to support this approach. There is the risk of making various assumptions without vigorously testing against the specifics of the revised policy and the potential cost implications for proposed developments. The policy conflicts with Government advice and should be deleted.

Comment

Representation ID: 7081

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Clause A7 – there are issues of data protection and consent surrounding the recording and sharing of data with a third party and/or the reliance on the cooperation of private home-owners to share data in order to meet with the requirements of any monitoring condition associated with the policy. There is no evidence that the Council have considered or addressed the GDPR implications of this requirement, it is not practical to be delivered in the form proposed and is therefore considered unsound.

Object

Representation ID: 7082

Received: 31/05/2024

Respondent: CWC Group - Clowes Developments

Agent: Pegasus Group

Legally compliant? Not specified

Sound? No

Duty to co-operate? No

There remains concern over the inclusion of the policy, in particular when read alongside paragraph 13.15. Clause C2 is considered unnecessary with Building Regulations instead providing the basis on which the construction of buildings should adhere to. There should be no expectation placed on housebuilders to exceed national standard which have already been through vigorous viability testing and provide certainty. Clause 3 is ambiguous and lack clarity, placing reliance on further detail within an SPD. The requirement for an Energy Statement is referenced only within the supporting text, if deemed necessary to deliver the requirements of NB6C it should be explicitly set out within the policy itself. The policy is unsound as it is neither justified not consistent with national policy.