Agenda item

This report seeks Member agreement of the amendments to the draft Local Plan policies consulted on during the Part 5 Regulation 18 consultation which took place in July and August this year. Additionally, this report seeks Member agreement for amendments to other policies consulted on during the Draft Local Plan Regulation 18 Part 1: Preferred Policy Options document. The amendments to the policies are detailed in red in the appendices to this report. The policies were amended in response to changes to national planning policy, evidence studies, comments received as part of the Regulation 18 consultation and consideration at Local Plan Sub-Committee meetings from 2022-2025.

 

Recommendation:

 

That the Local Plan Sub-Committee note the contents of this report, agree the amendments to policies detailed in red in the appendices to this report and then recommend the following updated policies to the Policy & Resources Committee:

 

Appendix 1 – Biodiversity

Appendix 2 – Chilterns Beechwoods Special Area of Conservation

Appendix 3 – Northwood Headquarters

Appendix 4 – Net Zero Operational Carbon in New Build Residential Development

Appendix 5 – Net Zero Operational Carbon in New Build Non-Residential Development

Appendix 6 – Climate-adapted Design and Construction

Appendix 7 – Embodied Carbon and Minimising Waste

Appendix 8 – Reducing Carbon Emissions in Existing Buildings

Appendix 9 – Affordable Housing

Appendix 10 – Housing Mix and Type

Appendix 11 – Green Belt

Appendix 12 – Parking

Appendix 13 – Parking Standards

Officers introduced the report, explaining that the appendices contained proposed amendments in red, based on Member instructions from earlier meetings, consultation responses from the Part 5 Regulation 18 consultation and further policy review.

 

Jon Bishop, Chair of the Three Rivers Joint Residents Association addressed the Committee before the consideration of the item. Concern was expressed that several draft policies continued to use the word “should” rather than “must” which weakened the council’s ability to defend and apply the policies. Issues with the Local Connection policy were highlighted including that certain affordable housing products did not apply to social or affordable rent. Appendix 13 (Parking Standards) First two paragraphs were unclear and required redrafting. The upcoming Planning and Infrastructure Bill were likely to reduce decision making powers which would mean that policy wording would need to be strong and unambiguous.

 

Appendix 1 Biodiversity

 

The policy had been consulted on during the Regulation 18 Part 5 consultation, receiving extensive feedback from statutory bodies and the public.

Concern was raised about the location of Biodiversity Net Gain (BNG) sites, with a request that BNG be delivered within the parish or unparished area of development where possible. Officers explained that Hertfordshire County Council had previously challenged the restriction of BNG to the Three Rivers Boundary. National Character Areas meant tighter restrictions were difficult to justify. Members sought stronger wording to prioritize local BNG delivery without making it a rigid requirement.

 

Officers agreed to strengthen the policy to state that BNG should be provided “within Three Rivers, ideally within the appropriate parish or unparished area where possible”. Retain flexibility by avoiding use of “must”, but include the additional encouragement requested.

 

The Appendix was carried by general assent.

 

Appendix 2 Chilterns Beechwoods Special Area of Conservation

 

No changes had resulted from consultation. A member queried whether onsite or district based SANG provision could be emphasized. Officers agreed this could be emphasized. Officers agreed that this could be strengthened, but a strict requirement may not be justifiable.

 

On being put to the vote, the Appendix was carried by general assent.

 

Appendix 3 Northwood Headquarters

 

Councillor Cooper raised an amendment:

 

“Due to the need for operational secrecy, the evidence provided by the Ministry of Defence of the national security impact of development may be more limited than for other consultees.  This council recognises that and will defer whenever possible to representations from the Ministry of Defence regarding the national security impact of development.”

 

The amendment was carried by general assent

 

The Appendix was carried by general assent.

 

 

 

Appendix 4 and 5 Net Zero Operation Carbon in New Build Residential Development and Net Zero Operation Carbon in New Build Non-Residential Development.

 

Members discussed energy performance thresholds, fossil fuel exceptions, and the feasibility of certain standards.

 

Key issues that had been raised included the possible adjustment of the 65kWh/m2 energy target, recognition that some commercial uses (Pizza ovens, cement processes) currently require fossil fuels and some exceptions might be needed. Members expressed concern that the carbon offset figure was potentially 100x higher than real world offset costs. It was clarified that this was based on methodology.

 

Officers agreed to remove the specific price from the policy wording and replace instead with the offset rate set by the Department for Energy Security and Net Zero to give more flexibility for future national methodology changes.

 

The Appendix was carried by general assent.

 

Appendix 6 Climate adapted design and construction

 

Members welcomed the strengthened policy. Minor text corrections were identified for officers to adjust.

 

The Appendix was carried by general assent.

 

Appendix 7

 

Members had no major concerns, and thanked officers for the included improvements.

 

The Appendix was carried by general assent.

 

Appendix 8 Reducing Carbon Emissions in Existing Buildings

 

Some members expressed significant concern that the policy could make home extensions prohibitively expensive, potentially impacting on families needing extra space and may conflict with local authorities from exceeding national energy efficiency standards.

 

Appendix 8 as it stands was put to the vote and with 5 votes for, 3 votes against and 0 Abstentions, the appendix carried without change.

 

The Appendix was carried by general assent.

 

Appendix 9 – Affordable Housing

 

Some Members challenged the inclusion of “adult” siblings on the local connection criteria. Members argued that only minors or those with genuine caring responsibilities should qualify. Part time work for 12 months was felt by some to be insufficient to constitute a meaningful local connection. Officer clarified that caring responsibilities are already captured in a separate criteria and a future SPD would provide detailed definitions after the adoption of the plan.

 

The Appendix was carried by general assent.

 

Appendix 10 Housing Mix and Type

 

Concerns were raised about the recent HMO issues within the district. Members wished to strengthen policy to safeguard neighboring amenity, character, and parking capacity. Officers confirmed that TRDC has a low number of HMOs but issues had recently arisen. No SPD is planned as licensing matters sit with the housing team.

 

The Appendix was carried by general assent.

 

Appendix 11 Green Belt

 

Members expressed concern about referencing specific versions of the NPPF within the local plan. Frequent NPPF updates make references unstable. Officers confirmed references do not override national policy but agreed to remove outdated or irrelevant plan making text but retain reference to concepts such as the grey belt where helpful to applicants.

 

The Appendix was carried by general assent.

 

Appendix 12 and 13 Parking and Parking standards

 

Members discussed the parking requirements that vary due to location. There had been concern that too little parking in station-adjacent developments could attract non local residents and create local pressure. Members agreed that HMOs should also reflect appropriate parking requirements such as 1 parking place per room.

 

The Appendix was carried by general assent.