Tag Archives: Sequential Test

To Intervene or to Not Intervene, that is the question: Whether ’tis nobler in the mind to suffer, as Simple Minded and Disobedient Canvey Folk suffer, Or to take arms against a sea of troubles.

Much will be read and disclosed over the next year or so, when it will be wondered whether the June 2018 decision by Castle Point council, to rush into a Local Plan schedule, with the prospect of a New Local Plan approved by Council for publication by November followed by submission to the Inspectorate in April 2019, or alternatively to face the prospect of Government Intervention, is the best path to tread, especially where Canvey Island is concerned.

“sometimes orders given to the simple-minded have to be reinforced with a threat, a suggestion that something terrible will happen to the disobedient,”

And so it was, when the cpbc chief executive, the council leader and his deputy, stated the case for cpbc seeking to retain control of its Local Plan making, rather than allow Intervention from the Government Planner.

The councillors and residents were not permitted an address from the Government chief planner, choices and their consequences were expressed only third hand delivered by the cpbc triumvirate.

But whilst keeping control of the Local Plan process is in the very best interests of parts of the mainland, is it also in the best interests of Canvey Island, a reasonable question to ask?

Harking back to the Core Strategy we exposed a Plot by the “Ruling” mainland party to sacrifice Canvey’s Dutch Village Green Belt site, as the sole Green Belt site released for development, so as to appease their mainland concerns and allow publication of a cpbc Core Strategy, local plan!

We remember well, the mainland residents Green Belt campaign group, during the council Task and Finish group meeting, standing to address council members confirming that they agreed and supported the Plan “in its entirety!”

Where was the “united” Borough then?

When the Core Strategy was rejected by the Examining Inspector due to the unreasonable Housing Growth Distribution and the Dutch Village site being, a Green Belt site within a Flood Risk Zone, the cpbc ceo made sure that the Dutch Village remained within the list of Green Belt sites for development, whilst adding some mainland sites to meet the Housing Need of the Borough, within the 2014 daft Local Plan!

Of course the retention of the Canvey Dutch Village site, despite the Inspector’s opinion, meant that one large mainland site would be saved from development.

Now by returning to the 2014 draft local Plan as a starting place for the 2018 Local Plan, concerns return as to whether it is intelligent and responsible for Canvey residents to put their faith, as we are being told and advised so to do, within the “Ruling” party’s successful motion to Control the 2018 local Plan.

“sometimes orders given to the simple-minded have to be reinforced with a threat, a suggestion that something terrible will happen to the disobedient,”

The threat has been delivered and something terrible may still apparently happen!

We are reminded that the Dutch Village site is owned by Persimmon, implying that this would speed the process through Planning resulting in an early supply of Housing, For The Borough!

Meanwhile, the more lucrative development sites elsewhere in the Borough would, following this logic, remain undeveloped for longer, especially when the ongoing development of approximately 900 Sandy Bay Park Homes, also on Canvey Island, are put into the equation!

This may encourage some conspiracy theory, has the call for sites from cpbc entailed dealings between officers members and developers as to which site or sites would be released in which order, specifically if the developer were to agree to initially focus on Dutch Village first?

As it stands in practise cpbc focus on applying constraints on development in the so called “virgin” Green Belt areas of the Borough. Canvey Island Flood Risk is also applied to the constraints so as to limit numbers, but that constraint is applied to housing Need numbers across the whole Borough, rather than Canvey Island in particular!

Making cpbc’s approach to the application of the Sequential Test simply contrived and, a Farce!

But can Canvey residents be certain that the Government Planner would apply to Canvey Island, the supposed Constraints on Housing Development such as Flood Risk, the threat to what remains of its Green Belt and the Hazardous Industrial sites any less fairly than the cpbc “Ruling” party and officers?

Especially going by their proven Local Planning track record!

Under Cllr Riley’s regime Canvey fared better than during any of the previous attempts at Plan making.

Now Cllr Riley has been side lined by the Triumvirate now in control, and previously chiefly responsible for the 2014 daft Local Plan, despite two of them apparently also claiming to support the 2016 Plan’s attempt to constrain the borough’s Housing Numbers!

To mainlanders these thoughts may sound pessimistic and overly cautious, however being fed rumours and not having the access to decision makers that some residents appear to have, however furtive, leads to a lack of an Open and Transparent Local Plan process.

Faith in Leaders must be Earned, Blind Faith is a dangerous option.

PLANING-APPEAL-SIGN

 

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Canvey Island development Free for All! Environment Agency weak approach encourages Castle Point Council’s laissez-faire attitude to Planning!

Are you sitting Comfortably?

Then I’ll begin –

“The (Canvey Island) application site is located within Flood Zone 3a, which has a high probability of flooding. Looking at the whole of Castle Point District it would seem that there are areas within Flood Zone 1 that could accommodate this form of development.

However, given that the only areas of Flood Zone 1 in the district are on the “mainland” part, such an approach would direct all new development towards Benfleet and Hadleigh.

Canvey is a self-contained community with its own housing needs and directing all new development towards Benfleet and Hadleigh could have an adverse impact on Canvey socially and economically.

Furthermore, a need for housing on Canvey cannot be met by building around Benfleet and Hadleigh due to other constraints such as the Green Belt.”

So says the cpbc Planning Officer as the latest attempt to convince residents, councillors and, no doubt the Planning Inspectorate, that castle point council’s approach to the application of the Flood Risk Sequential Test is morally sound!

July 2014photo3

Going back just 10 years things were different and the Environment Agency held a more cautious and responsible stance:-

Extract from the Echo June 2008
“DEVELOPERS seeking to build new homes on Canvey are being forced to think again because of growing fears about flooding.
The Environment Agency is resolutely pursuing its policy of recommending refusal of plans to build new homes on the island because Canvey is below sea level and therefore on a flood plain.

Castle Point Council is taking those recommendations to heart and rejecting applications for new homes, leaving some developers in limbo.
The council has pledged to continue upholding the Environment Agency’s recommendations until the results of a Government-initiated inquiry into flood plains publishes its findings.

The Government appointed Sir Michael Pitt to carry out the study, following catastrophic floods in Hull after heavy rainfall in June and July last year. It is likely the final report expected, this summer, will recommend tighter restrictions.

Ray Howard, Castle Point and Essex county councillor, said local authorities were reluctant to ignore the Environment Agency’s advice, while they are waiting for the results of the Pitt Report.
Mr Howard has received many letters from people struggling to build on Canvey.
He said: “It’s a big problem that needs to be looked at. We can’t have a blanket ban for building here.
“I believe Canvey is unique, as it has the best flood walls and flood water drainage system in the country.

“The flood plain rules should be relaxed for us.”

Last week localised flooding on the island, caused by heavy rainfall, affected hundreds of residents on the island.

But Mr Howard is convinced it is well protected against severe flooding from the Thames Estuary.
A total of £34 million was spent rebuilding Canvey’s sea walls in the 1970s and 1980s.
A further £6 million was spent last year on 14 giant pumps, spread around the island to force water back into the sea if the walls are ever breached.
Mr Howard said: “The reason Canvey is always considered high-risk is because of the 1953 flood.
“But back then the only sea defences were soil walls, built by the original Dutch settlers.”
The 1953 Canvey flood claimed the lives of 58 people.

Despite Mr Howard’s insistence that Canvey is well protected, the Environment Agency refused to budge from its policy of objecting to all new homes on flood plains.
Spokeswoman Rita Penman insisted the Environment Agency could not relax its planning guidelines for Canvey,

She said: “Although Canvey is well defended, the current understanding across the country is that if there are other areas not on the flood plains, they should be developed first.

“This is in the interests of everyone’s safety. We are therefore unable to recommend approval for any new developments on Canvey at the present time.”

Even if the Government report clears the way for new homes on flood plains, insurers are warning hundreds of thousands of homes built in high-risk areas may not qualify for insurance.

Nick Starling, the Association of British Insurers’ director of general insurance and health, said: “Poor planning decisions will lead to more homes becoming unsaleable, uninsurable and uninhabitable”

Disappointing then, that following the Summer Flooding of 2014 the cpbc chief executive officer should point out that the Canvey Island drainage system – was never intended to be able to cope with Tidal Flooding of the Island!

But of course the findings of the cpbc Scrutiny Committee’s meetings to discuss the flooding and its consequences, during which the ceo made the admittance, has never been published, despite the flood occuring 4 years past!

To enforce the Association of British Insurers position, above, the Flood Re scheme to guarantee affordable house insurance against flooding does not cover houses built since January 2009.

Has Caveat emptor, been anymore appropriate?

I have been reminded by a sceptical mainlander that, “IT IS HARD TO FOOL PEOPLE, BUT IT’S EVEN HARDER TO CONVINCE PEOPLE THAT THEY HAVE BEEN FOOLED.”

The short EA video below may give you some insight as to the sensibility of those that propose and support the over development of Canvey Island and whether the drainage system could ever be made capable of alleviating Flood Risk!

The EA expert’s explanation of how the drainage System is designed to work, appears to be far different to the practical experiences during 2013 and 2014 and the isolated Flooding incidents during other periods!

Admiral Jellicoe replaced by 40 Flats – whilst Canvey Island being sold off for 30 Pieces of Silver?

So a proposal that the Admiral Jellicoe public house on Canvey Island is highly likely to be demolished and replaced by 40 Flats has been lodged with Castle Point Borough Council.

Admiral Jellicoe

Admiral Jellicoe. Luke Baker Photography.

This is “timely” news as cpbc will be evaluating the next move forward with their new draft Local Plan2018 at Wednesdays special council meeting. Work is also imminent on the Brownfield Land Register, which will give Permission in Principle for Housing sites across the Borough to meet the Housing Need required of the cpbc Local Plan.

The Housing Need is likely to be set around 342 dwellings per annum.

Currently the Brownfield Land register reads as a paltry supply of a minimum 264 dwellings.

This Supply List appears somewhat misleading as the entry for the Admiral Jellicoe site indicates a minimum of just 15 dwellings, 25 less than the planning proposal applies for!

This misleading figure causes concern as the previous draft Local plans have carried a figure for Thorney Bay of 600 dwellings. This is 33% less than the intended figure, quoted by the Sandy bay site manager, of 900 Park Homes!

How many other discrepancies are contained within the figures for Canvey Island?

Whilst our esteemed councillors consider the new Local Plan2018 Housing Growth Distribution and the numbers they perhaps should consider their morals as they allocate Canvey Island’s proposed Housing Numbers.

According to data published by the Ministry of Housing Communities and Local Government (MHCLG) figures show that 11% of new homes were built within areas of high flood risk, up 9% from 2015/2016.

Castle Point Brownfield Land register indicates that of the minimum numbers identified, 264 dwellings, 43% will be developed on Canvey Island, a Flood Risk Zone 3 area and a Critical Drainage Area!

Compare this 43% with the 11% National Average and you might just begin to realise it may be overdue for councillors to consider their conscience as they allocate yet more dwellings onto Canvey Island.

And that 43% is without allowing for the actual proposed numbers referred to above!

“Geoff Offen, managing director at Future Climate Info pointed out that the figures show that more than one in 10 new homes were built on sea or river flood plains which are prone to flooding.
‘While the national housing shortage compels us to seek out more land across England and Wales to build homes upon, buyers of these new properties must be aware of the risks their new bricks and mortar face,’ he said.”

CPBC Agenda paperwork explains; “Furthermore, Canvey Island is within Flood Risk Zone 3a, and as such planning applications for residential development normally require a Flood Risk Assessment. Advice is awaited from the Environment Agency as to if and how the Council could go about addressing this requirement before proceeding to consider any sites on Canvey Island for inclusion on the Part 2 of the Register”

Cllr Riley letter to Sajid “it (cpbc) will bring forward Part 2 of its Brownfield Land register – the “Permission in Principle” The council has a clear indication of the technical work necessary to bring forward sites from Part 1 of the Register and would commit to and complete this work by summer 2018”.

However cpbc are aware that “Part two of the register is optional” and that “planning permission would not be granted until Technical Details Consent is applied for and approved by the Council.”

Presumably an in-house application of the Sequential Test will suffice!

Furthermore much appears to be being made of residents comparing Canvey Island with the mainland and how this is wrong as we should be viewed simply as “one borough,” as though division is weakness.

Perhaps having considered some of the above the “one borough” approach can be seen as less suiting to Canvey.

However quite rightly the claim is supported by facts that more development has taken place recently on the mainland.

Once again we must point out, “yawn,” that since Castle Point was formed the vast majority of population increase, 42%, has been directed onto Canvey Island.

All well and good until the population level is considered in light of possible emergency situations from flooding or Hazardous Accidents and the inabilities of responders in coping!

We are pointed to the very recent Housing numbers allocated to the mainland compared with Canvey Island and how the mainland has absorbed more.

We need first to accept that recent new housing development numbers in the borough have been very low, little more than 100 dwellings on average per year. We would suggest that nowhere in the Borough has had much Housing development, compared with other areas.

In fact in very recent times only 2014 – 2015, when 214 Housing Completions were achieved, stands out as an above average year for the borough and the distribution of Growth hardly supported the argument that the vast majority were delivered on the mainland.

Information for this 2014 – 2015 period indicates that 86 were completed at Kiln Road, whilst 50 at Long Road, Canvey Island and 30 at Lubbins Car Park, Eastern Esplanade, Canvey Island were the only sites realising over 14 dwellings!

Whichever Local Plan the cpbc councillors are “entrapped” into adopting, whether the 2014 daft Local Plan or the 2016 version, we will hear that Canvey residents should be grateful that more Housing is scheduled for the mainland compared to the Island.

However cpbc do not impose Flood Risk, nor hazardous Industries, as a Constraint on Housing Numbers. Sites are allocated to Canvey Island because of “The Borough’s Housing Need”!

Let us remember on the day of local Plan reckoning that not only will Housing Land be released on Canvey Island but also Green Fields allocated for Industrial and Business Use!

Of which: Land Opposite Morrisons Northwick Road Canvey Island Essex
Area 7.5 Hectares site, Roscommon Way Canvey Island Essex 2.24 Hectares site, Land South Of Roscommon Way Canvey Island 7.41 Hectares site, Extension to Charfleets Industrial Estate Canvey Island 7 Hectares site, Land for Employment South of Northwick Road Canvey Island 8 Hectares site.*

All on Greenfield Land, on land affected by a High Water Table made worse by tidal water penetrating UNDER the sea defences, something never heard considered during planning matters.

As a group and individually, we have nothing against any of the residents of the Borough, and are known to happily collaborate with other GB campaign groups, but if we cannot see a fair and decent Local Plan emerging we will be intent upon challenging!

The cpbc Brownfield Land register, Dated 1. 12. 2017, can be found HERE.

* Happy to correct details if found to be incorrect.

Castle Point Council face Testicular Examination Ahead! Whilst Nuneaton Council act as Local Plan Pathfinders?

Having promised to stand firm over Infrastructure before more Housing, the new Castle Point Borough Council regime will now have their resolve fully tested by the Government’s team sent into the Borough to oversee progress on the Local Plan.

Riley+marchant

Residents, having shown confidence in the Lead group of councillors by giving them an increased majority at the May 2018 local elections, will be expecting them to be able to revive the latest withdrawn Local Plan following 12 months of intensive and “tireless” Duty to Cooperate work following the Examination inspector’s criticisms.

The protection of Green Belt was paramount to Residents concerns, and any backing away from the local authorities position will be open to criticism!

This may be particularly so in the light of promises to overturn the Borough Plan made in another area, Nuneaton, where the successful Conservative group promised to:

“Protect existing communities and deliver the roads, health and school services we need.
 Reduce the housing numbers based on new government guideline figures.
 Withdraw from Labour’s secret agreement to take Coventry’s overspill.” 

“Distribute housing more fairly around the Borough to enhance not destroy existing communities.”
 “Ensure our communities finally receive the much needed road improvements, schools, GPs, shops and essential facilities they deserve, 
 Prioritise Brownfield sites first, protecting our existing communities by removing unsuitable and unsustainable sites from Labour’s broken Borough plan.”

Andrew Lainton, of Decisions Decisions, Decisions blog suggests:

“However the Borough Plan is mid examination with initial findings due to be published this month.

As the inspectors findings are binding the only alternative to fulfill the manifesto would be to withdraw the local plan.

This would put the Council in special measures.” 

The Nuneaton Tory Group’s reference to Unsuitable and Unsustainable sites is interesting and should, but doubtfully will, provoke examination at Castle Point.

The wholesale blanket application of the Sequential Test across Canvey Island would, elsewhere, be expected to be deemed Unsustainable.

In effect despite being a flood Zone 3a, any Housing Development proposed for Canvey Island is deemed appropriate!

This is evidenced in each and every Application paperwork by officers, following councillors instruction, having “persuaded” the Environment Agency that Canvey Island is a Special Case!

An illustration of this, taken from the cpbc Annual Monitoring Report 2016-17 states; “It should be noted that there is no specific policy on flood risk included within the Local Plan (1998 adopted version) and therefore the Council relies on national policy set out in the National Planning Policy Framework and its technical guidance in respect of such matters.

Of course since then the Strategic Flood Risk Assessment has recognised that Canvey Island is at Actual Risk of Tidal Flooding and the Integrated Urban Drainage Study was researched and published following the 2014 Summer Flooding of Canvey Island!

Castle Point councillors, those involved on the development committee at least, appear willing to accept responsibility for future Flooding of housing and danger to residents, whether from Surface Water or Tidal.

So far that has paid handsomely. Over time and following Flood events, that may prove less so, as Housing built since the 1st January 2009 is not eligible for the Flood Re Insurance Protection that makes available affordable insurance.

Should this problem emerge mortgages on “new” builds may well be denied due to insurance issues. New Canvey Island House Buyers may well be walking into this trap unaware.

The development of Canvey Island both Industrial and Housing continues unabated, this will intensify the pressures on the already broken drainage system, and road and health service infrastructures.

The cpbc Annual Monitoring Report also states, “the proportion of new homes provided on previously developed land to remain lower than in earlier years.”

and that, even more worryingly; 

“16 affordable housing units were delivered in Castle Point in 2016/17, representing 14% of total housing provision (114 dwellings). This level of provision is an improvement on the annual average provision for the period 2001 to 2016 of 11.5%,”

An example of the inadequacy of our local authority is illustrated within the cpbc Sequential test documentation to support the first of the local plans, the Core Strategy, in which it was admitted “The Environment Agency met with the Council in 2007 to identify criteria under which they would allow development to proceed on Canvey Island. The final criterion was the need to ensure that the Emergency Planners and Emergency Services were satisfied with the measures in place to ensure safety in the event of a flood.

These services had not been consulted in the preparation of PPS25, and as such this requirement was a surprise to them, for which they were not prepared.

A typical approach by developers to overcome the Constraint on Housing by Flood Risk on Canvey Island and acceptable to CPBC is demonstrated here;

  • “The application site is located on Canvey Island, which is situated entirely within Flood Risk Zone 3a,
  • The Council has undertaken an annual review of Strategic Housing Land Availability (SHLAA) since 2011. This process has consistently indicated the need for a greater supply of housing land to meet the objectively assessed housing needs of the borough.
  • When applying a sequential test it is important to have regard to the local context. Canvey Island is a distinctive community, accommodating 43% of the borough’s population. It has specific identified needs in terms of social, economic and physical regeneration, as well as housing.
  • In order for residential development to serve the community of Canvey Island it is considered that it needs to be located within that settlement.”

The Level of delivery of Affordable Housing and the continued influx of new Residents from outside of the Area onto Canvey Island suggest that “residential development to serve the community of Canvey Island” is simply too broad a sweeping statement intended to be a means of simply granting Planning Permission to bolster the BOROUGH’s Housing Supply in an Unsuitable Location!

It would appear unusual, if not unreasonable, for a local authority to seek to increase the Urban Density by developing Green field land and intensifying Brownfield development,  supposedly under the guise of satisfying the Need of the Canvey Island Community, when in effect it simply intensifies Inward Migration, in an area specifically under the threat of both Tidal and Surface Water Flood Risk!

We eagerly look forward to learn what Resolve, Metal, Determination and hopefully Fairness, the new administration at Castle Point council are able to apply to the ongoing Local Plan process in the shadow of Government Intervention!

local plan.jpg-pwrt3

Like a bad Smell, this just will not Go Away!

The full Decisions Decisions, Decisions post may be read HERE.

Canvey Housing to replace Garages. The Borough’s Housing takes Priority although Officers need to Get a Grip of Fact over Fiction!

It might be Funny, if it wasn’t Canvey Island!

More Canvey Development will be the Agenda, for the Castle Point planning committee this week. This time demolish garages and replace with 4 houses at Church Close, Canvey.

This time around the Development Applicant is Castle Point Borough Council themselves!

Canvey Big Local £1 million

Fair enough, the Borough needs Housing and we have the Chief Planner to please, if Intervention is to be avoided. However the context may be worthy of some consideration in this instance.

Church Close, Canvey Island, falls within the “Canvey Big Local” area, the area allotted £1,000,000 as an area in west Canvey with social and deprivation issues.

“The area does suffer from some levels of deprivation with approximately 38% of children under 16 being classed as ‘in poverty’ compared to 18% on average for both Castle Point and Essex and 5.9% of households within the area deemed to be in fuel poverty.

Residents have reported that a key issue for them is crime and antisocial behaviour.” 

The thought did occur that the land the garages are sited on might have been better used as an area the “Canvey Big Local” scheme might have been able to utilise for the betterment of the youth of the area rather than Housing, especially as the garages are little used and must bring in little income to the local authority.

But Housing Numbers for the Borough is the tunnel vision focus and Canvey must take more is the order of the day!

Taking this focus forward cpbc case officer comments;

“The application site is located within Flood Zone 3a, which has a high probability of flooding.

Looking at the whole of Castle Point District it would seem that there are areas within Flood Zone 1 that could accommodate this form of development. However, given that the only areas of Flood Zone 1 in the district are on the “mainland” part, such an approach would direct all new development towards Benfleet and Hadleigh.

Canvey is a self-contained community with its own housing needs and directing all new development towards Benfleet and Hadleigh could have an adverse impact on Canvey socially and economically.

Furthermore, a need for housing on Canvey cannot be met by building around Benfleet and Hadleigh due to other constraints such as the Green Belt. 

Taking these factors into account it is considered that the ‘catchment’ for the sequential test ought to be drawn around the boundaries of Canvey Island, the whole of which is within Flood Zone 3, so there are no reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding, and the application is considered to pass the sequential test.”

Some might suggest a little bit of a “giveaway” that council members have at some stage exerted their own preferred policy over officers’ ethical planning guidance.

Bordering on the comical is the case officer’s attempts to justify his/her decision Advice for committee members!

“The Flood Risk Assessment contains structural calculations at Appendix B, however, notwithstanding the illegible handwriting, it does not appear that these contain a non-technical summary explaining what the calculations demonstrate.

If members decide to grant planning permission, a condition is necessary to require the developer to submit demonstration that that the buildings will be able to withstand the hydrostatic and hydrodynamic pressures likely to act upon them in modelled flood events.”

“The proposed surface water drainage strategy states that attenuated discharge will take place to the existing surface water drainage infrastructure. The planning authority are aware that ground conditions in the area (clay soils) are fairly impermeable which means that infiltration techniques are unlikely to work effectively. There are no surface water bodies on or in the vicinity of the site which could receive surface water from the proposed development and the drainage of surface water to the surface water sewer would therefore seem to be an appropriate option.
The site is not considered to be at risk of flooding from other sources except from surface water. This form of flooding can be a problem on Canvey Island, although the site is not highlighted as a particular hot spot.

The proposed discharge rate is, however, not known, and there is no demonstration of permission in principle from the relevant water authority to connect to the surface water drainage infrastructure”

In normal circumstances one would expect finalised plans for flooding to be included in the proposal, especially as cpbc are the applicant and supposedly being fully experienced and informed of such local matters, rather than allowing plans to follow as a Condition!

All looking very Professional so far then?

So, being in a socially deprived area, what form of Housing would improve matters?

Certainly not Housing that offers;

“There are no first floor windows in the rear or other side elevations.

The proposed dwellings would be located 1m from the rear boundaries of the existing properties”

Will this standard of Housing do anything to alleviate the socio economical blight of the area?

And if this wasn’t all embarrassing enough, remember in this case Castle Point Council themselves are the Applicant, the proposal’s paperwork uses the withdrawn and ridiculed 2010 Core Strategy as evidence to support this application;

“The Castle Point Borough Council Core Strategy outlines a housing requirement of 5,000 new homes between April 2001 and March 2026. Most of the requirements can be meet by housing provision in the urban area, particularly town centres, main route corridors and other undeveloped land. However, it is not considered possible to meet the entire boroughs housing needs from the above sources, particularly on Canvey Island.

The proposed site although not in an allocated development area is surrounding by housing and lies equidistant to the proposed development areas of ‘East of Canvey Road’, Castle View School’ and ‘Canvey Town Centre’. The site can be considered a windfall site.”

The Core Strategy document is something even cpbc refer to as: “It should be noted that the Submission Core Strategy does not represent Council policy.”

Stand by for more committee member Hand Ringing tomorrow as they reluctantly give their Approval!

No, You Really Could Not Make It Up!

 

Hypocrisy, the Use of Substitutes, a Deciding Vote and a Divided Borough? Sequentially Unsound!

It appeared that what can only be described as a level of Hypocrisy was displayed by certain Castle Point Development Committee members towards a view suggested by the opposition group at the 5th September’s meeting!

The suggestion appeared that Canvey was, put simplistically, being targeted for development so as to protect the mainland areas. It was expressed that Canvey should not be portrayed as an individual area, rather than an equal part of the whole Borough of Castle Point.

However the whole basis of the Flood Risk Sequential Test, as interpreted by Castle Point Council, is to treat Canvey Island in isolation!

“it is considered that continued development is necessary in order that the settlement of Canvey can continue to thrive economically and socially.”

” Canvey needs continued development if it is to continue to thrive economically. A lack of housebuilding on the island could mean that the island stagnates in economic terms which is likely to affect opportunities for employment. “

Indeed the Thorney Bay proposal for 600+ dwellings  was subject to a CPBC Planning Policy statement stating that “the site was identified as having the potential to contribute towards the 5 Year Housing Supply (of the Borough)”!

Regardless of the application being considered, whether for a single unit or a proposal for over 600 dwellings on Canvey Island, it is fairly clear that using this interpretation of the Sequential Test to support development proposals, there is no likelihood of any planning proposal Failing the Test!

It is a convenient and flimsy argument to accuse Islanders of focussing on cpbc’s apparent approach to Canvey development, whilst the Sequential Test is used to do precisely that!

It should be of concern, that since Canvey land was designated for the use of Housing in the 1998 Local Plan, and that since the Sequential Test approach towards its application on Canvey development proposals was adopted by CPBC in 2007, these events have occurred and these Reports have been published;

  • The Pitt Review-Learning Lessons from the 2007 floods. (Published 2008) !!!
  • The CPBC Strategic Flood Risk Assessment published in 2010. (In itself due an Update.)
  • Surface Water Flooding has occurred on Canvey Island during 2013.
  • Surface Water Flooding has occurred on Canvey Island during 2014.
  • Government Office for Science – Canvey Island Section 19 Report
  • The requested Drainage Improvement / Upgrade funding has not materialised.
  • We learned that the land on Canvey Island has a High Water Table, subject to influence by the Tidal Water encroaching Under the Sea Defences. (Land East of Canvey Road document).
  • The Integrated Urban Drainage Study was published, which challenged the credibility of the CPBC Surface Water Management Plan published 2012.

Quite clearly the Castle Point Council approach to the application of the Sequential Test on Canvey Island in isolation, is Obsolete and Unjustified!

Attenuation Tanks were discussed as a means of a suitable drainage system. Had the committee not considered that Canvey has a High Water Table, now known to be subject to Tidal influence? In this case the Tank would be sunk into the application site property, how efficient would this system of drainage be?

Photo Police helicopter 2014

The focus of the drainage system needs to be to prevent off-site flooding of neighbouring property and land. Without going through the exercise of producing a Practical Model on Canvey island and monitoring over an extended period councillors should not be in a position to simply go by unsubstantiated opinion in their decision making!

Whilst the protection of Green Belt, which is admirable, is at the forefront of councillors minds, it must be borne in mind that Paragraph 14 of the national Planning Policy Framework contains Footnote 9, which indicates;

specific policies in this Framework indicate development should be restricted.9

those policies relating to sites protected under the Birds and Habitats Directives (see paragraph 119) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, Heritage Coast or within a National Park (or the Broads Authority); designated heritage assets; and locations at risk of flooding or coastal erosion.

Whilst this specifically relates to Plan making, it is clear that, if the concern is present amongst decision makers development in a Flood Zone and in a Critical Drainage Area, in which Canvey Island falls into both categories, caution should be the operative position to adopt.

Residents suffering the Canvey Island Flooding of 2013 and 2014 may well feel appalled at the rigid Rejection of development applications on Green Belt, whilst a less than cautious approach appears to be adopted where Flood Risk is concerned, by certain cpbc development committee members.

The cpbc officer appeared unaware that the whole of Canvey Island is a Critical Drainage Area.

The questionable use of Substitute councillors to replace two absentees at the meeting, bearing in mind the technical issues highlighted in this planning proposal, proved to be decisive, as 1 voted to Approve and 1 voted to Abstain.

With the votes recorded as 5 to Approve and 5 Against, with 2 Abstentions, the Chairman chose to use his Casting Vote, and consequently rather than holding further deliberations on the subjects contained within this post and others not mentioned, the Application was Approved!

Canvey Island, the Development “Special Case” and Castle Point Council Failings!

Of late there have been reasons enough to query the sense in planning to over populate Canvey Island!

Following the “disputed” moratorium of housing development on Canvey, blamed upon the Environment Agency, a successful bid for Canvey Island to be viewed as a “Special Case” was launched.

Below follows the Castle Point committee meeting minutes whereby this cautious approach was over-turned and afterwards comes comment on the possibility of people investing in new properties with the danger of experiencing extremely high flood risk premiums or even finding themselves unable to secure flood risk cover at all.

We conclude with some Planning guidance that may suggest that development on Flood Zones and indeed in the Green Belt could, indeed should, be avoided.

We hope you find this locally enlightening.

Castle Point Borough Council decision to remove restriction of developing the Zone 3 flood plain of Canvey Island.

PLANNING COMMITTEE MINUTES
6TH FEBRUARY 2007
PRESENT:
Councillors Smith (Vice-Chairman who chaired the meeting), Anderson, Cole, Cross, Dixie, E. Egan, Mrs Goodwin, R.C. Howard, Riley and B.S. Wood
Councillors Mrs Challis Mrs B. Egan, Ladzrie and Mrs Liddiard
Apologies for absence were received from Councillors Blackwell, Mrs Iles, Sharp and Mrs J.Govier.
73. PLANNING POLICY STATEMENT 25: DEVELOPMENT & FLOOD RISK
The Committee was informed and discussed the new amended national policy on development and flood risk set out in Planning Policy Statement 25, published in December 2006 which contained new and amended planning policies to mitigate and avoid the impact of flooding through good planning and flood risk management.
The Committee had previously commented on the consultation on the draft PPS 25 at the meeting on 7.2.2006.
The report before the Committee described the structure of PPS 25 which contained five sections covering background; key planning objectives; decision making principles; risk based approach and responsibilities; supported by a further eight annexes.
Members considered the implications for Castle Point arising from PPS25. The new PPS would have a particular bearing on the work for the Local Development Frame work and on the consideration of planning applications.
In terms of planning policy work, a strategic flood risk assessment had been prepared for Thames Gateway South Essex authorities and was to be published by Spring 2007. This would help inform the preparation of the Core Strategy by identifying broad locations within Castle Point and other authorities that would be appropriate locations for development.
In development control and for the purposes of PPS25, Canvey Island was located in Flood Zone 3 (High Probability), because the PPS ignored the presence of existing defences (acknowledged to be some of the most comprehensive in the country). Accordingly the requirement for flood risk assessments to accompany planning applications had also been in place for some time and in particular the application of both the sequential test and the exceptions test.
Planning Committee – 6th February 2007
This initially caused difficulties, particularly for smaller scale development, because of the uncertainty over requirements for these assessments and their relevance and applicability to such schemes. However experience had suggested that through discussion with the Environment Agency, developers, agents and landowners were now clearer about, first the requirements of the these tests, but more importantly, secondly, how to carry out development whilst at the same time mitigating the risk associated with flooding through careful design at the application stage.
Resolved –
1. That the Committee notes the policy guidance and advice of PPS 25.
2. That the Committee have regard to the guidance and advice in the preparation of the Local Development Documents and in the consideration of relevant planning applications, in order to achieve the Council’s community priorities and deliver sustainable development.
Chairman.

However the Insurance Industry does not share the Councils optimism
The short term solution Flood Re is a scheme funded by a levy on insurers that reinsures their customers’ flood risk, allowing them to offer flood insurance to those homes at risk at a more affordable price.
One of the most important aspects of Flood Re is that it provides time for insurers, the government and homeowners to address deficiencies in planning policy, invest in flood defences and improve the resilience of housing stock. The scheme is intended to be operational for 25 years, during which time there will be a role for central and local government, the insurance industry, environmental organisations, housing providers and homeowners in tackling flood risk. After this 25 year period, the Flood Re scheme assumes that improvements in flood resilience, as well as more sophisticated and readily available flood data will leave the insurance industry in a position to offer more affordable cover in a risk-reflective free market.
Properties built since 2009 are not eligible for Flood Re, which in theory should introduce pressure on planners to fully consider flood risk before new homes are built. However there remains a challenge in ensuring that a new property’s flood risk is properly communicated both to the buyer and the insurance industry, so that both parties can avoid any shocks further down the line.
As well as providing a period of breathing space for industry and policymakers, Flood Re also intends to provide a point of focus for the next 25 years, to continue the debate about addressing the root of the environmental and planning issues. But the inescapable realities of climate change, coupled with a seeming lack of a long-term approach to investment in flood defence measures means that the success of these ambitious plans is far from guaranteed.

Planning Guidance tells us that when :

Applying the Sequential Test in the preparation of a Local Plan;
“As some areas at lower flood risk may not be suitable for development for various reasons and therefore out of consideration, the Sequential Test should be applied to the whole local planning authority area to increase the possibilities of accommodating development which is not exposed to flood risk.
More than one local planning authority may jointly review development options over a wider area where this could potentially broaden the scope for opportunities to reduce flood risk and put the most vulnerable development in lower flood risk areas”.
The latest Castle Point Local Plan failed the Duty to Cooperate requirement. The Examining Planning Inspector noted in his failure Report:

Indeed, the officer report of July 2014 which set out the full document representations on the draft New Local Plan (CP/05/008) includes the following as an action point:

Given that the Council has not been able to identify a sufficient supply of housing to meet its objectively assessed needs, it is also necessary to engage with neighbouring authorities under the auspices of the Duty to Cooperate in order to determine how the objectively assessed need for housing, and other strategic matters, will be addressed within the housing market area.

However, notwithstanding the lengthy and detailed engagement across south Essex there is no formal mechanism in place to distribute unmet housing need.

The problem is that this is once again only guidance and we have often been reminded by CPBC planning officers of this fact when they deliberate on planning proposal for Canvey Island.
It would seem that any guidance that has not been fulfilled can be ignored, as far as Canvey Island is concerned, as it is only for consideration purposes.