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Chapter 1 Introduction and Strategy

1.1 This Local Plan was prepared in accordance with the Town and Country Planning Act 1990 (as amended by the Planning and Compulsory Purchase Act 2004) and the Development Plan Regulations 1999 (as amended by the Town and Country Planning (Transitional Arrangements) (England) Regulations 2004). The Plan covers the whole of the Tendring District and plans for the period up to 2011.

1.3a District Councils are required to produce a Local Plan in order to guide and promote development in accordance with appropriate policies. A Local Plan consists of a Written Statement and Proposals Maps. The Written Statement contains the strategy for future development in the district together with supporting policies and proposals, whilst the Proposals Maps show where new development will be encouraged and where it will be resisted. The Proposals Maps consist of a plan of the whole District, with a series of inset maps that provide greater detail within individual towns and villages.

The Planning and Compulsory Purchase Act (2004)

1.3b The Planning and Compulsory Purchase Act (2004) was enacted on 28 September 2004. Following this Act, Local Plans will eventually be superseded by a Local Development Document. However, the Act allows Council’s such as Tendring to continue through the Local Plan process under “transitional arrangements”.

1.3c The first requirement of the new legislation was for Tendring District Council to submit a Local Development Scheme to the Government Office by 28 March 2005. The Government’s intention is that the Local Development Scheme will increase public awareness of local planning activity. The most up to date LDS can be found on the Council’s website (www.tendringdc.gov.uk). The Local Development Scheme details the Council’s work programme for the next three years and beyond setting out all the planning documents that will be produced over this time. The Council’s Annual Monitoring Report, (published every December) will monitor the Council’s progress in delivering this work programme and achieving the numerous milestones for each planning document.

1.3d The Local Development Scheme also clarifies the route that will be taken in transferring from the current Local Plan system to new Local Development Documents. Local Development Documents will be significantly shorter documents than current Local Plans and will have a more strategic focus. Local Development Documents will also require earlier and an increased amount of public and community involvement.

Why a Replacement Local Plan is Needed

1.4 Although the Government wishes to see all local authorities move from the “old” planning system of Local Plans to the “new” system of Local Development Documents, they also specify that local authorities should still maintain continuity in the Local Plan process as a framework for development control. The previous Tendring District Local Plan was adopted in April 1998 and covered the period up to 2001. Consequently, a replacement was required to plan for the future to meet local social and economic needs and reflect new European, National and Regional Planning Guidance. This Adopted Local Plan therefore replaces the previous 1998 Local Plan and provides an updated planning framework for the District up to the year 2011.

How the Local Plan Affects Planning Applications

1.5 Even though land may be allocated for a specific use or uses in the Local Plan, planning permission will still be required from the District Council as Planning Authority for new buildings or changes of use. The Local Plan forms one part of the Development Plan for the area which is used as the main starting point in deciding planning applications by providing the guidance for rational and consistent decisions across the District. The Development Plan for the Tendring District currently consists of the following documents:

  • This Tendring District Local Plan 2007 (adopted December 2007)

  • Saved policies of the Essex and Southend-on-Sea Replacement Structure

  • Plan (a list of these are contained in Appendix 15)

  • The Essex Minerals Local Plan Second Review, First Deposit Draft (November 2003)

  • The Essex and Southend-on-Sea Waste Local Plan (Adopted September 2001)

The Plan Preparation Process

1.8a The first stage in preparing this Local Plan was the publication of an Issues Report in March 2000 which was designed to stimulate public debate about the main planning issues that should be addressed by the Local Plan. A summary of the Issues Report was included in the Council's information paper "Tendring Matters" which was delivered to households and businesses throughout the District. Public exhibitions were also held in order to engage the public.

1.11a The next stage in the Local Plan process was the publication of a First Deposit Draft of the Local Plan on 28 May 2004 which was placed on public consultation for a period of 8 weeks (2 weeks above the formal 6 weeks that are required by the Regulations), inviting representations on any part of the Local Plan. A number of public exhibitions, parish and town council consultation workshops, and local business workshops were held across the District so as to maximise the effectiveness of the Local Plan consultation process by gathering a broader range of opinions from the whole Tendring community.

1.11b As a result over 9,000 representations were received and the First Deposit Draft Local Plan was amended to reflect the changes that the Council agreed should be made in light of these representations and any legislative changes or updates to Government policy or guidance that had occurred since the First Deposit Draft was published.

1.11c The next stage of the Local Plan process was the publication of a Re-Deposit Draft of the Local Plan on 7 November 2005, which incorporated these changes and was placed on formal public consultation. Again, a number of public exhibitions, parish and town council consultation workshops, and local business workshops were also held across the District.

1.11d As a result of the Re-Deposit Draft period of public consultation a further 5,000 representations were received, which were then analysed and considered by the Council. The Council also prepared a number of Pre-Inquiry Changes that it considered should be made to ensure the Plan reflected the most current legislation and Government Policy. The Pre-Inquiry Changes were published on 9 May 2006 and were placed on public consultation.

1.11e All the outstanding objections raised against the Local Plan were considered by an Independent Planning Inspector at the Local Plan Public Inquiry which ran from 12 September 2006 to 24 April 2007. The Inspector’s recommendations were subsequently published in the Inspector’s Report which was received by the Council on 20 November 2007. Under the transitional arrangements of the Planning and Compulsory Purchase Act (2004) this Report is binding on the Council; so this Adopted Local Plan incorporates all the required changes contained within the Inspector’s Report.

1.11f This Local Plan was formally adopted by Tendring District Council on 11 December 2007 and replaces the previous 1998 Adopted Local Plan. The policies and proposals contained within it came into force on the date of adoption.

Supporting Documents

1.13 The Local Plan is supported by a number of studies, including as follows:

  • Sustainability Appraisal of the Local Plan (2005)

  • Tendring District Community Strategy (2005-2011)

  • Clacton Town Centre Strategy (2003)

  • Conservation Area Review Character Appraisals (Adopted by the Council in 2006)

  • District-Wide Retail Study (2000) and Update Study (2003)

  • Employment Land Supply Review (stage 1) (2002)

  • Employment Land Identification Study (stage 2) (2002)

  • Employment Land Identification Study (stage 3) (2003)

  • Employment Land Identification Study (stage 4) (2003)

  • Employment Land Identification Study (stage 5) (2005)

  • Essex Local Transport Plan (2006 to 2011)

  • District-Wide Landscape Character Assessment (2001)

  • Landscape Character Assessment Greenfield Sites Study (2001)

  • Residential Land Availability Survey

  • Tendring Annual Monitoring Report (2006)

  • Tendring District Housing Needs Study (2002) and Update Study (2006)

  • Recreational Open Space: Tendring District (2003)

  • Children’s Play Area Strategy: Tendring District (2002)

  • Playing Pitch Strategy (2002)

  • Tendring District Transportation Strategy (2000)

  • Tendring Passenger Transport Study (2001)

  • Tourism Study (2002)

  • Urban Capacity Study (2002)

  • Boundary Definition for the Proposed Extension to the Suffolk Coast and Heaths Area of Outstanding Natural Beauty on the South Side of the Stour Estuary (2003)

  • Strategic Flood Risk Assessment (2004)

  • Review of Tendring District Local Green Wedge Policy (2004)

  • Tendring Housing Comparative Site Assessment Study (2004) and Update Study (2005)

  • Housing Technical Paper (2004) and Update Study (2005

  • Town Centre Health Checks (1998)

These documents are available for reference and most are available for purchase from the District Council.

How to Use this Plan

1.18a This Plan can be subdivided into four parts. The first part is the “Context, Vision and Strategy”, which outlines how the Local Plan is prepared and the vision and strategy that are fundamental to the Plan. The second part of the Plan contains six chapters that accommodate general policies and proposals that apply across the whole of the District. The third part of the Plan is made up from chapters comprising policies on specific geographical areas in the District. The final part of the Plan shows how the Council will monitor the implementation of the Plan.

1.18b All four parts of the Plan need to be taken into account as a whole and not in isolation. For example, the area-specific policies should always be read in conjunction with the district-wide policies as these may also apply. Planning applications will be judged against all of the relevant policies in the Local Plan, the Structure Plan and all material considerations when the Council considers whether to grant planning permission.

Context, Vision and Strategy

1.21a The Local Plan reflects the broader contexts of European, National and Regional planning guidance, with the over-arching theme of promoting sustainable development (see Appendix 13 for a definition). Sustainable development is one of the main challenges that today’s society faces. Planning can play a vital part in promoting sustainable land-use patterns and better use of resources. For example, developments that will attract many people will need to cope with the additional pressures that ensue, and should be located in or around the edge of existing urban centres or in areas that are well-served by public transport.

1.21b Similarly, in town centres reasonable diversity of use can be proactive in revitalising the town, improving security through increased hours of activity, and ensuring that people have a wider range of facilities available within walking distance or via public transport. Mixed-use development that helps to achieve this aim might allow for lower parking provisions that could subsequently release land for amenity space or lead to pedestrian or cyclist improvements, including the complete pedestrianisation of some streets.

1.21c Where possible it is preferential to use previously developed land as this improves the efficiency of land-use and reduces the loss of greenfield or open spaces. Where changes occur they should normally be undertaken with the aim of maximising accessibility in order to reduce the number and length of journeys by car and provide for improved public transport, pedestrian, and cycle movement.

European Context

1.22 The European context for planning is contained in the European Spatial Development Perspective, May 1999 (ESDP). This is a non-binding document but the Government is keen to encourage the adoption of its principles in the preparation of strategic and local planning policies. The District’s links to mainland Europe via Harwich International Port mean that the European dimension is an important one. Road and rail links to Harwich and the port itself are identified as important parts of the Trans-European transportation network.

1.23 The goals of the ESDP are:

  • economic and social cohesion;

  • more balanced competitiveness of different European countries and regions; and

  • conservation of natural resources and cultural heritage.

1.24 Key themes of the ESDP with implications for the development of local planning policies for Tendring include reducing disparities in economic prosperity and access to services and facilities between areas, better integration of social, economic and environmental considerations and the promotion of a sustainable approach to the management of resources.

National Context

1.25 Central Government produces Planning Policy Guidance notes, Planning Policy Statements, Circulars and other legislation that must be taken into account in preparing a Local Plan. In order to improve sustainable patterns of development national planning policies currently aim to:

  • concentrate development mostly within urban areas, especially in large towns where there are more facilities, jobs and a greater choice of transport;

  • use land within settlements in preference to “greenfield” sites, particularly derelict and previously developed land and buildings known as “brownfield” land;

  • direct development towards towns and villages which contain a range of facilities and offer a choice of transport;

  • promote development with a mix of uses so that people can live much closer to their jobs, shops and other facilities;

  • ensure that there is a better balance between employment and housing and put jobs and homes near each other to reduce the need to travel long distances to work;

  • encourage better design of new development to create high quality living and working environments and make best use of land resources;

  • ensure that the scale of proposed development fits in well with the size and character of existing settlements;

  • keep town centres vibrant places in which to live, work, shop and spend leisure time;

  • stimulate economic regeneration in areas where there is high unemployment and few job opportunities;

  • promote a balanced and healthy rural economy;

  • protect open space and areas which are important for nature conservation or built heritage;

  • promote energy efficiency and renewable energy and reduce pollution of land, air and water; and

  • locate development away from areas of flood risk.

Regional Context

1.25a Current Regional Planning Guidance is contained in RPG9, which was adopted by the Government in March 2001. The key policies of RPG9 that relate to the Tendring District include:

  • The identification of Clacton, Harwich and Walton as Priority Areas for Economic Regeneration (PAERs) in recognition of their need for urban renaissance, regeneration and economic diversification;

  • Recognition of the importance of investment in Harwich’s port infrastructure and links to other areas in order for the port to grow and prosper, and emphasis on the role the London to Ipswich transportation corridor multi-modal study will have in identifying necessary improvements; and

  • The need to balance regeneration with enhancement of the District’s important coastal and estuarine habitats.

1.26 Regional Planning Guidance will be replaced by new Regional Spatial Strategies following the introduction of the Planning and Compulsory Purchase Act (2004). The current regional guidance covering the area, RPG9, will be replaced by Regional Spatial Strategy 14 (RSS14), the “East of England Plan”. A draft version of RSS14 was published in December 2004 and was placed on consultation between December 2004 and March 2005. The RSS underwent public examination between November 2005 and March 2006 resulting in the publication of numerous proposed changes, which were placed on consultation between December 2006 and March 2007. The RSS is currently awaiting adoption, which is expected in early 2008. Once adopted RSS14 will become part of the Development Plan for the Tendring District alongside this Local Plan (until 2011).

1.30a The Local Plan will also reflect the aspirations of the East of England Development Agency’s regional economic strategy that sets the vision for the sustainable economic development for eastern England. This was produced in 1999 and revised in 2001, but has since been superseded by the new “A Shared Vision: the Regional Economic Strategy for the East of England”. This latest revision of the strategy was published in December 2004. The strategy identified a number of priorities and related action areas as set out below:

  • a skills base that can support a world-class economy;

  • growing competitiveness, productivity and entrepreneurship;

  • global leadership in developing and realising innovation in science, technology and research;

  • high quality places to live, work and visit;

  • social inclusion and broad participation in the regional economy;

  • making the most from the development of international gateways and national and regional transport corridors;

  • a leading information society; and

  • an exemplar for the efficient use of resources.

Structure Plan

1.31 The Local Plan was in general conformity with the Essex and Southend-on-Sea Replacement Structure Plan. The Structure Plan has expired under the provisions of the Planning and Compulsory Purchase Act (2004). Appendix 15 contains those policies the District Council wishes to adopt as part of this Local Plan. Specific Structure Plan designations and proposals relating to the Tendring District include:

  • provision for 6,250 dwellings to be provided in the Tendring District between 1996 and 2011;

  • provision for 80 hectares of new employment land to be provided in the District between 1996 and 2011;

  • identification of Clacton, Harwich and Walton as Priority Areas for Economic Regeneration (PAERs) and Priorities for Coastal Tourism;

  • identification of the town centres of Clacton, Frinton and Harwich as principal town centres;

  • identification of the A120 as a priority for improvements to inter-urban road, rail and public transport;

  • support for the extension of the Suffolk Coast and Heaths AONB to include the south side of the River Stour in Tendring; and

  • a set of core policies to achieve sustainable development across the County.

Local Context

1.34 During the period of the previous Adopted Local Plan (1992-2001) the District witnessed many changes. The District’s two largest holiday parks in Clacton and Dovercourt were redeveloped for new housing during the 1990s. There has been redevelopment of a number of large vacant properties along the seafront in Clacton, Harwich and Frinton to provide a range of housing units as well as numerous other developments in the District’s towns and villages. Retail facilities have been expanded in the District with the development of the Clacton Factory Shopping Village and the new superstores at Parkeston and Little Clacton. The construction of the Little Clacton bypass and completion of the Parkeston bypass has improved the environment of both villages. The District has also benefited from conservation schemes in Mistley and Harwich as well as a range of regeneration initiatives. The special historic and architectural quality of Clacton seafront has also recently been recognised by its designation as the District’s twentieth Conservation Area.

1.35 There will be a need for further changes in the future, particularly to encourage new economic development and employment opportunities. The challenge for the Local Plan is to ensure that appropriate new development is encouraged, is of a high standard and is sustainable. In particular, development needs to be directed towards the right locations, with the right infrastructure to promote economic and social regeneration, whilst also seeking to protect and enhance the built and natural environment and promote a choice of transport use and shorter journeys.

The Tendring District Community Strategy

1.38a In 2000, all Councils were given a statutory responsibility to prepare a Community Strategy setting out how the social, economic and environmental well being of the residents of their area could be improved. The Tendring Community Strategy was drawn up by the Local Strategic Partnership (LSP) of businesses and community leaders. The LSP recognises that the Community Strategy must meet the sustainable development challenge and strike the right balance between social, economic and environmental objectives. The partners are committed to working together to facilitate inward investment and job creation, promote social inclusion and protect the District’s natural resources and built environment. At the time of adopting this Local Plan the Strategy is being rolled forward.

Delivering the Vision: the Local Plan Strategy

1.40a The Community Strategy sets out a vision of how Tendring District should be improved over the period up until 2011 through topical “themes” that reflect national and local priorities for change. The Local Plan has evolved from these themes, addressing the planning and land-use issues that are encompassed within them. The key themes of the Community Strategy are:

  1. Strengthening the Economy and Promoting Regeneration;

  2. Reducing the Incidence and Fear of Crime to Produce a Safer Community;

  3. Promoting Healthy Living and Narrow the Health Gap to Save Lives;

  4. To Improve the Most Disadvantaged Parts of the District through Neighbourhood Regeneration;

  5. To Encourage Lifelong Learning to Develop Everyone’s Potential, Talents and Skills;

  6. Improve the Quality and Choice of Transport to Improve Access to Services;

  7. Sustaining Our Environment; and

  8. Sustainable and Affordable Housing.

Sustainability Appraisal and Strategic Environmental Assessment

1.49a The Government requires that all Local Plans be subject to a sustainability appraisal to ensure that they are moving towards the creation of more sustainable patterns of development. This Plan has been subjected to a sustainability appraisal that tested the Plan’s impact on sustainable development.

1.49b The European Directive 2001/42/EC (also known as the SEA Directive) was incorporated into English law on 21 July 2004. These regulations state that a Strategic Environmental Assessment (SEA) is now required to assess the environmental effects of certain plans and programmes. The Directive aims to provide a high level of environmental protection and contribute towards the integration of environmental considerations in the preparation and adoption of plans with a view to promoting sustainable development.

1.49c The SEA Directive applies to Local Plans that were in the course of preparation on 26 July 2004 and that will not be adopted before 26 July 2006. The Local Plan therefore required a SEA. The Sustainability Appraisal that accompanies this Plan incorporates the requirements of the SEA Directive.

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