Maldon District Statement of Community Involvement ... · 4 Appendix 1: Consultees 3 Customer...

Maldon District Statement of Community Involvement

Statement of Consultation

November 2018

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Contents 1. Introduction 3 2. Consultation Exercise 3 3. Summary of Responses 3 Appendix 1: Consultees 4 Appendix 2: Public Notice 10 Appendix 3: Summary of Responses, Officer Comments and Proposed Changes 11

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Introduction The Statement of Community Involvement sets out how and when the Council will engage with the community and stakeholders on planning policy documents and planning applications. It also identifies when and how the Council will be involved in the neighbourhood planning process. Section 18 of the Planning and Compulsory Purchase Act 2004 requires all Local Planning Authorities to prepare a Statement of Community Involvement (SCI). The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 require Local Authorities to update their SCI every five years. As the current SCI was approved in 2007, a review is considered to be timely. This statement of consultation analyses the consultation that was undertaken by the Council, provides a summary of representations received and the Council’s responses to these representations. Consultation Exercise The formal 6 week consultation for stakeholders and the community took place between the 14 June and the 26 July 2018. Letters/emails were sent to over 1143 consultees, including statutory consultees, Members and residents and provided further information about the draft SCI and how to make representations. Neighbouring authorities were also consulted as part of the Council’s Duty to Cooperate requirements. A list of consultees is attached in Appendix 1. The draft SCI and supporting information were available to view and/or download on the Council’s website www.maldon.gov.uk/SPD . A public notice was published in local newspapers inviting representations to the draft SCI and where more information could be found (see Appendix 2). Copies of key documents were made available at the Council offices and at Maldon, Burnham-on-Crouch, Southminster and Wickham Bishops library where feedback forms were also available. This information was included on the public notice which was sent to each consultee. Summary of Responses In total, 10 responses were received via completed feedback forms, letters and emails. A full schedule of consultation responses for the SCI, with the Council’s response, can be found in Appendix 3. A number of comments have been made which have implications for the scope and content of the document, resulting in amendments to the draft SCI. The changes provide further clarification and guidance on the key principles of community engagement in the District.

http://www.maldon.gov.uk/SPD

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Appendix 1: Consultees 3 Customer Services Brightlingsea Town Council

A & P Designs Ltd British Energy Generation Limited

A D Kiddle Chartered Accountant British Gas (Centrica) Plc - Head Office

A G Coot Design Brynleigh Technology Ltd

A J Norris & Son Burnham And Dengie Hundred Review

Abellio Greater Anglia Burnham Bakery

Access Energy Solutions Ltd Burnham On Crouch County Primary School & Pre School

Adept Communications Ltd Burnham Ramblers Football Club

Adshel Plc Burnham Residents Oppose Overdevelopment (BROOD) And Say No

Affinity Water Burnham United Charity

Age UK Burnham West Consortium

All Saints C Of E Primary School Burnham-on-Crouch Chamber Of Commerce

All Saints Church Burnham-on-Crouch Town Council

Allen Brothers Business Energy Solutions Ltd

Althorne Community Together (ACT) BWM Ltd

Althorne Ladies Club C.P. Gas Ltd

Althorne Parish Council Cadent Gas Ltd

Ampersand Associates Ltd Calfordseaden LLP

Anglian Water Canewdon Parish Council

Ann Nicholson Associates Carphone Warehouse

APB Design And Development Carron Energy Limited

Aquila Estates Limited CarTel Communications

Arbour Engineers Ltd Carter Jonas LLP

Arcady Architects Ltd Castle Point Borough Council

Arcus Consultancy Services Ltd Catesby Estates Ltd

Arkanum LLP CBS Cumbers MCIAT

Asheldam & Dengie Parish Council CEG And Dartmouth Park Estates

Ashingdon Parish Council CH Jones (Keygas) Limited

ATP Group Partnership Charles F Jones And Son

B W Holland & Sons Ltd Charter Project Consultancy Ltd

Baker Clarke Partnership Ltd Chelmer Canal Trust Ltd

Barnardos, Cancer Research UK, RSP Chelmer Housing Partnership

Barton Willmore LLP Chelmsford City Council

Basildon Borough Council Chelmsford Diocesan Board Of Finance

Baxter And King Chesterdene Ltd

BDG Design Chevron North Sea Limited

Bellway Homes Church Commissioners For England

Beneficial Telecom Churches Together In Maldon

Bentalls Shopping Centre Cirrus Planning And Development Ltd

Bidwells Clarion Housing Group

Blackwater & Colne Sailing Protection Association Clark Partnership

Bloor Homes Eastern CML Microsystems PLC

Bovis Homes Ltd - South East Region Code Development Planners

BP Gas Marketing Ltd Colchester Borough Council

Bradwell-on-Sea Parish Council Cold Norton Parish Council

Braintree District Council Coldunell Limited

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Braxted Park Estate Collins & Coward Ltd

Brentwood Borough Council Colne Housing Society

Commercial Estates Group Early Years & Childcare (Chelmsford & Maldon)

Commercial Gas Direct Limited East Mersea Parish Council

Community 360 Ecotricity

Conocophillips Petroleum Company UK Limited Edgewood Veterinary Group Ltd

Consortium Of Charities Edward Gittins & Associates

Constellation Energy Commodities Group Inc EE

Contract Natural Gas 2 Limited El Guaca Ltd

Coryton Energy Company Limited Electrabel N.v./s.a.

Council For The Protection Of Rural Essex Electricity Supply Board

Countryside Properties Elmwood Equestrian Centre

Courts & Co Endurance Estates Strategic Land Ltd

Crest Nicholson And Landowners Energy Plus Services Limited

Crown Oil Limited Energy Supplies UK Limited

Cumbria Energy Limited Enfield Energy Centre Limited

Cussen Construction Consultants English Rural Housing Association

D F Clark Bionomique Environment Agency

D J Bunting & Son Epping Forest District Council

D J Fisher (Farms) Ltd Equality & Human Rights Commission

D J W Architectural Designs Ltd Essential Power Ltd

D K Symes Associates Essex & Suffolk Water

D L P Luck Ltd Essex Birdwatching Society

Danbury Parish Council Essex Boys And Girls Club

Dartmouth Park Estates Ltd Essex Bridleways Association

David Horner Planning & Development Services Essex Chamber Of Commerce

Dengie 100 Parish Councils Essex Community Reuse And Recycling

Department For Business, Energy & Industrial Strategy

Essex Council For Voluntary Youth & Community Services

Department For Culture, Media & Sport Essex County Council

Department For Education Essex County Fire & Rescue Service (South East Group)

Department For Environment, Food & Rural Affairs Essex Fire & Rescue Service

Department For Transport Essex Police

Department For Works And Pensions Essex Water Company

Department Of Health Essex Waterways Limited

Design Partnership Essex Wildlife Trust

Dev Plan Essex Wildlife Trust - Maldon Local Group

Diocese Of Brentwood Essex Wildlife Trust Maldon/South Woodham Ferrers Local Group

Diocese Of Chelmsford Esso Exploration & Production UK Limited

Direct Rail Services Ltd Estuary Housing Association Ltd

Disabled Persons Transport Advisory Committee Evolution Town Planning LLP

DLP Planning Ltd Exxon Mobil Gas Marketing Europe Limited

DPDS Consulting (PlanInfoNews) F J McMorland & Sons

Drapers Farm Sports Club Fambridge Yacht Haven Ltd

Drivers Jonas Deloitte Famco Estates Limited

E & M Design Partnership FLAG Telecom Ltd

E.ON UK Gas Ltd Foddy Consult

EA Strategic Land LLP Forestry Commission

Foulness Island Parish Council Forrester Park Golf And Tennis Club

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Framptons Planning Institute Of Directors - Essex

Friends Families & Travellers & Traveller Law Reform Project

ISS Facility Services

Friends Of The Prom John Baugh Ltd

GL Hearn John Bishop Partnership

Gladman Developments Ltd John Sime & Associates Ltd

Glenny LLP Joint Radio Company (JRC)

Goldhanger Parish Council KAB Associates Ltd

Great & Little Leighs Parish Council Kamal Saddiqui Social Welfare Educational Trust

Great Braxted Parish Council Kelvedon Parish Council

Great Totham Parish Council Kensington & Edinburgh Estates Ltd

Greater Anglia Ltd Kent & Essex Sea Fisheries Committee

Guernsey Telecoms Keyes Bros

GVA KLW Ltd

H J Keyes & Son Knights Developments Ltd

H Scott & Sons L A Sibley Ltd

Harlow Council L E Carr & Sons

Harry Green Gentlemans Barbers Lambert Smith Hampton

Hastoe Housing Association Ltd Land Charter Homes Ltd

Hatfield Peverel Parish Council Lanes New Homes

Haven Gateway Langford And Ulting Parish Council

Health And Safety Executive Lanpro Services

Henry Cowell & Son Lansdowne Telecom

Henry Gilder Drake Almshouse Charity Latchingdon C Of E Primary School

Heybridge Basin Conservation Society Latchingdon Parish Council

Heybridge Parish Council Layer Marney Parish Council

Heybridge Primary School Leelamb PM

Heybridge Residents Association Lewis Patten Chartered Architects

Heybridge Parish Council Linden Homes

Hibbs And Walsh Associates Little Baddow Parish Council

Highways England Little Braxted Parish Council

Hill Street Holdings Ltd Little Totham Parish Council

Hills Building Group Lodestar Properties Ltd

Hillside Playcare Centre London Energy Plc

Historic England London Southend Airport Co Ltd

Home Builders Federation M Scott Properties

Home Office MAG London Stansted

Homes & Communities Agency Magnox Limited

Howies & Sons LLP Maldon & District Council For Voluntary Services

Hullbridge Parish Council Maldon Archaeological & Historical Group

I S Ferguson & Son Ltd Maldon Cricket Club & Maldon Rugby Club

Iceni Projects Maldon District Access Group

Indigo Planning Ltd Maldon Elim Church

Inkpen Downie Architecture & Design Maldon Green Party

Inland Waterways Association Maldon Housing Association Ltd

J D Mee & Sons Maldon Islamic Cultural Association

J E Atkinson & Son Maldon Little Ship Club

J E Partridge & Sons Maldon Primary School

J R H Services Maldon Riverside Association

Januarys Consultant Surveyors Maldon Rugby Football Club

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JB Planning Associates Limited Maldon Society

Jerry Flaxman Consulting Ltd Maldon Town Council

Maldon United Reformed Church OFCOM

Maldon Wick Ltd OFGEM

Maragota Properties Ltd OFWAT

Marble Design Old Ironworks Gym Ltd

Marine Management Organisation Ormiston Rivers Academy

Matthews & Son LLP Our Lady Of The Assumption

Mayland Parish Council P S Planning & Design

MAZ Homes Park Resorts

McCarthy & Stone (Retirement Lifestyles) Ltd Parker Dann

Melville Dunbar Associates Passenger Transport Executives

Messing Cum Inworth Parish Council Paul Bancroft Architects

Mid And North East Essex Mind Paul Dickinson & Associates

Mid Essex Clinical Commissioning Group Pemberton Farms Ltd

Mid Essex Friends Of The Earth Persimmon Homes (Essex) Ltd

Mid Essex Hospitals Trust Peter Brett Associates LLP

Mid-Essex Historic Buildings Trust PETGAS Trading (UK) Limited

Midlands Gas Limited Petticrows Ltd And Rice & Cole Ltd

Mike Sibthorp Planning Phase 2 Planning And Development Limited

Milford Gas Limited Pigeon Land Limited

Ministry Of Defence Plainview Planning Ltd

Ministry Of Justice Planning Potential Ltd

Moat Housing Group Planware Ltd

Morris Farm Plume - Maldon's Community Academy

Morrisons Stores Plc Police & Crime Commissioner For Essex

Moult Walker Chartered Surveyors Porta Planning

Munday & Cramer Property Services Ltd Port Of London

Mundon Parish Council Powergen Retail Gas (Eastern) Limited

Nathaniel Lichfield & Partners Powergen Retail Gas (Northwest) Limited

Natural England Provide CIC

National Trust Purely Stairlifts

National Farmers Union Purleigh Parish Council

National Federation Of Gypsy Liaison Group Quakers Religious Society Of Friends

National Grid DPM Consultants Quilter Savill Associates

National Housing Federation - East Of England R W Wolton & Son

National Housing Federation London R A Brice & Partners

National Landlords Association R & R Architects Ltd

National Playing Fields Association R G + P Ltd

Network Rail Racial Equality Council For Ethnic Minority Groups

New Hall Vineyards Ramblers Association

NHS Mid Essex Rapleys LLP

NHS Property Services Ratcliff Partnership

Nicholas Ward Design Practice Rawreth Parish Council

Nigel Chapman Associates Ray Chapman Associates

North Fambridge Parish Council Raymond Stemp Associates

North Sea Gas Limited Reane Ltd

North Wales Gas Limited Renewable Energy Company Limited

Northern Gas Supplies Limited RHS

Norvic Gas Limited Richard Edward Associates

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Npower Renewables - East Of England Office Richborough Estates

OBS Property Services Ltd Rivenhall Parish Council

Road Haulage Association Strutt And Parker LLP

Robert Mulholland & Co Ltd & Ives Property Holdings Ltd

Suffolk Wildlife Trust

Robin Levy Planning & Development Consultant Sunbury Developments

Rochford District Council Sustrans

Rochford Parish Council Swallows Gymnastics Club

Rose Builders T Mobile UK Ltd

Royal Mail Tambride Ltd

Royal National Lifeboat Institute Telecom Plus Plc

RSPB Tendring District Council

R Procter Farms Ltd Terence O'Rourke Ltd

Rural Community Council Of Essex Terence Wynn Evolve Architecture & Planning Ltd

Rural Solutions Tesni Properties Ltd

RYA Eastern Tetlow King Planning

S Thorogood & Sons (Southminster) Thames Water Utilities Ltd

St. Cedd's C Of E Voluntary Aided Primary School Thatched Cottages Self Catering Holiday Lets

St Francis Roman Catholic Primary School The Baltic Consortium

St Lawrence Parish Council The Federation Of Small Businesses

St Mary's C Of E Primary School The Gas Transportation Company Limited

Salvation Army Housing Association The Gypsy Council

Saturn Gas Limited The Living Water Christian Centre

Savills The New Welcome Sailor

Scotland Gas Networks Limited The Ratcliff Partnership

Scottish Hydro Electric The Theatres Trust

Scottish Power Plc Thomas Bates & Son Limited

Seeboard Energy Gas Limited Three

Sirius Planning Thurrock District Council

Smart Planning Thurstable School

Smith Construction Tillingham Village Council

South East Local Enterprise Partnership Tim Harbord Associates

South Woodham Ferrers Town Council Tiptree Parish Council

Southend-on-Sea Borough Council Tolhurst Land Holdings

Southern Electric PO Tollesbury Activity Centre

Southern Gas Networks Limited Tollesbury Cruising Club

Southminster C Of E U/C Primary School Tollesbury Parish Council

Southminster Parish Council Tolleshunt D'Arcy Parish Council

SP Gas Limited Tolleshunt D'Arcy C Of E Primary School

Spalding Energy Company Limited Tolleshunt Knights Parish Council

Sport England Tolleshunt Major Parish Council

Springfield Eng. Consultants Topsail Charters Ltd

Springfields Planning And Development Ltd Traveller Law Reform Coalition

SSA Planning Limited Traveller Law Reform Project

SSE Telecommunications Ltd Tricker Blackie Association

Stanfords Chartered Surveyors Troy Planning And Design

Stanley Bragg Architects Ltd Tullow Oil UK Limited

Steeple Parish Council Turley Associates

Stephensons Buses TXU Europe Energy Trading Limited

Sterling Supergroup Ltd UK Power Networks

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Stow Maries Parish Council Universal Telecom

Strutt And Parker Farms Ltd Utility Grid Installations Limited

Uttlesford District Council William Fisher Medical Centre

Virgin Media WINGAS GmbH

Vitol Gas Limited Winstred Hundred Parish Council

Vodafone And O2 Witham Town Council

Wardle Evans Ltd Womens National Commission

Waterman Boreham Woodham Ferrers & Bicknacre Parish Council

Whirledge & Nott Woodham Mortimer & Hazeleigh Parish Council

Wentworth Primary School Woodham Walter C Of E Primary School

Western Gas Limited Woodham Walter Parish Council

West Mersea Town Council Woodland Trust

Whitacre Management Ltd Woods Hardwick Ltd

Wickham Bishops Parish Council Wickes - Maldon

Wilkin & Sons Ltd Yorkshire Electricity Npower

All individuals on the database were also consulted.

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Appendix 2: Public Notice

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Appendix 3: Representations made, officer response and changes to SPD

Reference Name Organisation SCI Section

Summary of comments Officer Response Change to SCI

SCI001 Braintree District Council (BDC)

Para 3.4 [BDC] support Maldon District Council’s proactive approach set out within its draft Statement of Community Involvement (SCI) towards engaging with its community and wider stakeholders on planning matters. [BDC] support the inclusion of ‘neighbouring authorities’ in the list of statutory consultees within the draft SCI at paragraph 3.4. [BDC] welcome Maldon’s commitment set out within the draft SCI to continue to work co-operatively with neighbouring authorities and other public bodies on cross boundary matters.

Noted

No change

SCI002 Chelmsford City Council (CCC)

Section 4

This Council considers that the draft is clear and comprehensive and notes the anticipated adoption in

Autumn 2018. The document is clear in setting out the methods for engagement and communication at the various stages of plan making.

Minute 4.2 (P&L Committee 6th June

2018) states: SCI consultation is a regulatory requirement. The stakeholder and public consultation will be for 6 weeks and the outcomes will be reported back to this Committee in autumn 2018. Noted

No change No change

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Para 3.19

Para 3.19 outlines the Duty to Co-operate and it is noted that Maldon District Council will seek a statement of common ground with neighbouring authorities. CCC welcome the recognition for ongoing consultation with neighbouring authorities as stipulated under the Town and Country Planning (Local Planning) Regulations 2012.

Noted

No change


Para 4.2 CCC notes the section referencing Neighbourhood Plans and support offered in preparing new neighbourhood plans. Chelmsford City Council will continue to actively engage with Maldon District Council on each other’s respective Local Plans and any associated documents.

Noted No change

SCI003 Essex County Council (ECC)

Para 1.3

MDC should ensure that the SCI has considered the following legal requirement changes have been considered in the review of the SCI: (i) Neighbourhood Planning Act 2017;

(i) Appendix 1 and Section 4 have been drafted in accordance with this legislation

(i) Further information added at end of Appendix 1: Further information can be found at www.legislation.gov.uk Localism Act 2011 The Neighbourhood Planning (General)

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(ii) Explanatory Memorandum to the Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018; (iii) Environmental Impact Assessment Regulations 2017; (iv) Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017; (v) Data Protection Regulations

(ii) The final version of the SCI has been drafted with full regard to this legislation. Reference added at Para 5.25 (iii) The final version of the SCI has been drafted with full regard to this legislation. (iv) The final version of the SCI has been drafted with full regard to this legislation. Referenced within the SCI where appropriate. (v) The final version of the SCI has

Regulations 2012 (as amended 2015, 2016, 2017) The Neighbourhood Planning (referendum) Regulations 2012 (as amended 2013, 2014, 2016) Neighbourhood Planning Act 2017 Neighbourhood Planning-Planning Practice guidance:www.gov.uk/guidance/neighbourhood-planning--2 (ii) Reference added at Para 5.25 …including the amendments set out in Part 2 of the Town and Country Planning (Local Authority Consultations etc) (England) Order 2018. (iii) No change (iv) No change (v) No change

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been drafted with full regard to this legislation.


Section 2 Para 2.5 & 2.8

Maldon District Local Development Documents For completeness reference should also be made to the Essex Minerals Plan and Essex and Southend-on-Sea Waste Local Plan, which are part of the statutory Development Plan in Maldon. Recommended text to be added before para 2.8: Essex Minerals Local Plan (MLP) Essex County Council (ECC) is the Minerals Planning Authority for the district, and is responsible for preparing planning policies and assessing applications for mineral

development. The Essex MLP (2014) forms part of the statutory Development Plan and should be read alongside the Maldon Local Development Plan. The role of the MLP is to ensure a steady and adequate supply of mineral resources to facilitate development over the Plan period and beyond. The MLP includes a Minerals Safeguarding policy and Mineral Consultation Areas which requires ECC to be consulted on development proposals. ECC must be consulted on all non-mineral related development proposed within these Consultation Areas.

Agreed. Reference to these documents will be added at Para.2.6

Text added at Para 2.6: Essex Minerals Local Plan 2014 (MLP) - The role of the MLP is to ensure a steady and adequate supply of mineral resources to facilitate development over the Plan period and beyond. The MLP includes a Minerals Safeguarding policy and Mineral Consultation Areas which requires ECC to be consulted on all non-mineral related development proposals in these areas.

http://www.essex.gov.uk/Environment%20Planning/Minerals-Waste-Planning-Team/Planning-Policy/minerals-development-document/Documents/Essex%20Minerals%20Plan%20-%20Adopted%20July%202014.pdf

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Essex and Southend-on-Sea Waste Local Plan (ESWLP) ECC is also the Waste Planning Authority for the district, and is responsible for preparing planning policies, and also for assessing applications for waste management development. The ESWLP was adopted in July 2017 forming part of the statutory Development Plan and should be read alongside the Maldon Local Development Plan. The ESWLP covers the period from 2017 to 2032. It sets out where and how waste management developments can occur, and contains the policies against which waste management planning applications are assessed, including Waste Consultation Areas.

Text added at Para 2.6 : Essex and Southend-on-Sea Waste Local Plan 2017 - 2032 (ESWLP) – the ESWLP sets out where and how waste management developments can occur, and contains the policies against which waste management planning applications are assessed, including Waste Consultation Areas


Para 2.12

Adopted Supplementary Planning Documents The SCI refers to only the South Maldon Garden Suburb Strategic Masterplan Framework as being adopted by the Council as an SPD (p12) and the North Heybridge Suburb Draft Strategic Masterplan Framework as `Other Documents’ (p13). However, the MDC website

(Garden Suburbs) implies that both the

above Strategic masterplan frameworks (SMFs) have been adopted by the Council as SPDs.

The South Maldon Masterplan was adopted by the Council as SPD on 22 March 2018; all relevant documents can be found at www.maldon.gov.uk/spd The website has recently been updated: the Garden Suburbs webpage is clear that only the South Maldon Masterplan is an SPD. The North Heybridge Masterplan is still a draft document.

No change

http://www.maldon.gov.uk/info/20048/planning_policy/9226/urban_design/4

http://www.maldon.gov.uk/spd

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Para 2.12

ECC recommends the following policy document is added at para 2.12 (SPD’s in preparation)

Joint Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS)

Noted. Reference will be added at Para 2.8

Text added at Para 2.8: Essex Coastal Recreation Avoidance Mitigation Strategy (RAMS) – the purpose of this SPD is to set out how the Council will secure financial contributions from new development that is expected to have an adverse recreational impact upon Natura 2000 sites in the Essex Coastal Area.


Para 2.12

ECC recommends the following policy document is added at para 2.12 ‘other documents’

Essex-Wide Mechanism on unmet Housing Needs (EPOA)

This is an EPOA Technical Guidance note and has not been formally endorsed by MDC. It does not have the status of an SPD or the same status as the ‘Other Documents’ listed. Therefore it would be inappropriate to include it under ‘Other Documents’.

No change


Section 3, para 3.4

Community Involvement in Planning Policy Paragraph 3.4 refers to the specific consultation bodies (or statutory consultees), The following should be updated and/or added:

Homes and Communities Agency (known as Homes England from January (2018)

Civil Aviation Authority

Noted and amended at Para 3.4

In paragraph 3.4: change reference from Homes and Communities Agency to Homes England Add reference to Civil Aviation Authority

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Section 4

Community Involvement in Neighbourhood Plans ECC is preparing a policy guidance and advice document titled `Neighbourhood Planning Guide: Information, Help and Support’, which will assist Neighbourhood Plan Groups in the preparation of their Plans. Reference to the document should be included in Section 4.

Noted, and text added at Para 4.8

Addition at Para 4.8: The emerging Essex County Council ‘Neighbourhood Planning Guide: Information, Help and Support’ will signpost relevant County Council services and information sources for groups preparing Neighbourhood Plans. Once finalised, it will be available on the County Council website www.essex.gov.uk.


Section 5 Para 5.11

Community Involvement in Planning Applications (NSIP’s) It is important to note that any individual wishing to participate in the examination of an application for development consent for a national infrastructure project (NSIP) is required to register with the Planning Inspectorate, and not the local authority, and make a relevant representation about the application. Further information can be found at:http://infrastructure.planningportal.gov.uk/application-process/participating-in-the-process/

Noted and text added at Para 5.11

Add to end of Para 5.11: …Any individual wishing to participate in the examination of an application for development consent for a national infrastructure project (NSIP) is required to register with the Planning Inspectorate, and not the Council to make a relevant representation about the application. Further information can be found at:http://infrastructure.planningportal.gov.uk/application-process/participating-in-the-process/


Para 5.6

ECC provides pre-planning application services to developers wishing to understand issues related

‘May’ is considered to be the appropriate terminology. Various consultees offer their own pre-

No change

http://infrastructure.planningportal.gov.uk/application-process/participating-in-the-process/







http://www.essex.gov.uk/Environment%20Planning/Development-in-Essex/Pages/Developer-information.aspx

http://www.essex.gov.uk/Environment%20Planning/Development-in-Essex/Pages/Developer-information.aspx

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to highways and transportation infrastructure and community infrastructure, which may be raised by their proposals. Reference in para 5.6 should be amended from `may’ consult partners for technical advice to `will’ to ensure delivery bodies of key infrastructure are consulted.

application advice service for which they charge which could be undermined if this was mandatory through the Council’s pre-app service.


Paras 5.15 – 5.17

Planning Performance Agreements (PPA’s) Paragraphs 5.15 – 5.17 refers to the implementation of PPAs in relation to strategic development proposals in order to provide the services required to provide clarity to landowners / site promoters through the planning process. ECC recommend some guidance is given, as to what size/type of development is deemed `strategic in nature’, as this may vary from district to district, and subsequently impact on ECC resources.

‘Strategic developments’ are defined within the Council’s Scheme of Delegation: Section 9-Terms of Reference and can be viewed at https://www.maldon.gov.uk/downloads/download/8082/terms_of_reference

Text added at end of Para 5.16 Definition of ‘strategic’ developments can be found within the Council’s Scheme of Delegation: Section 9-Terms of Reference and can be viewed at https://www.maldon.gov.uk/downloads/download/8082/terms_of_reference


Paras 5.15 – 5.17

It will be important to engage ECC as early as possible, and in the drafting of the `Agreements’ to ensure timescales for determination are realistic and terms are appropriate.

ECC are a key strategic partner in the delivery of infrastructure in the District and a statutory consultee in the Local Plan and development management planning process. As such, consultation timescales will be in accordance with relevant national legislation. Where proposals are complex, and an ongoing dialogue is necessary the Council will continue to work with ECC to ensure that

No change

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timescales are realistic. However, the PPAs are between the Council and the developers: MDC would encourage ECC to agree their own PPA with developers to ensure that resources can be appropriately identified and managed.

SCI004 Equality and Human Rights Commission

It is not our practice to respond to consultations on local plans or infrastructure projects unless they raise a clear or significant equality or human rights concern.

Noted No change

SCI005 Connor Adkins

Highways England

No comments as the proposed policy will not materially affect the A12 or any other part of the strategic road network, we therefore have no further comments to make on the proposed policy.

Noted No change

SCI006 Debbie Mack

Historic England (HE)

We support the general aims and approach to the draft Statement of Community Involvement.

Noted No change

SCI006 Debbie Mack


Paras3.4 & 5.24?

We welcome the acknowledgement of HE as a specific consultation body at paras 3.4 and 5.24.

Noted Link added at Para 3.4 & 5.24

(https://historicengland.org.uk)

SCI006 Debbie Mack


Para 3.19

HE should also be referenced at para 3.19 as a statutory consultee under duty to co-operate.

Agreed and reference added at Para 3.17

Para 3.17 to be amended to read: Created through the Localism Act 2011, Duty to Co-operate requires local planning authorities and other public bodies, such as Historic England, Environment Agency,

https://historicengland.org.uk/

https://historicengland.org.uk/

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Natural England, to engage constructively … etc

SCI006 Debbie Mack


Appendix 1

With regards to neighbourhood planning, we would welcome notification of proposed neighbourhood planning areas as well as consultation on draft plans. The regulations state that Historic England should be consulted on draft plans where our interests are considered to be affected. This should be referenced in the section on Community led Planning Guidance at the end of the document [Appendix 1]. We have guidance on neighbourhood planning, which can be found at: <https://historicengland.org.uk/advice/planning/plan-making/improve-your-neighbourhood/> We would welcome consultation at an informal level, in addition to the requirements of the legislation, where issues may benefit from our early involvement

Noted and link added at Para 4.5 and & Point 4 of Appendix 1

Text and Link added at Para 4.5 & Point 4 of Appendix 1 Statutory consultees, such as Historic England and Natural England will be consulted on proposed Neighbourhood Areas (where consultation is required by the regulations) and draft Neighbourhood Plans where their interests are considered to be affected. The statutory consultees may be consulted informally, if issues raised in a draft Neighbourhood Plan could benefit from their early involvement. Historic England’s guidance on neighbourhood planning, can be found at: https://historicengland.org.uk/advice/planning/plan-making/improve-your-neighbourhood/

SCI007 JAL Maldon Society

Section 1: Para 1.4:

The society very much endorses the general statement to effectively engage and involve local communities and stakeholders

This is a constitutional matter and is not within the remit of the Statement of Community Involvement

No change

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throughout the planning process, but does not consider it is currently achieved especially in terms of individual applications because of the committee process.



The context of policy affecting Maldon Town and its immediately adjacent areas is fundamentally disabled, because of the lack of a Neighbourhood Plan. The District Council’s planning procedures should now compensate for this lack, by listening even harder to the community and the Town Council on specific concerns. This draft therefore has to reconsider the principles of representation in areas where there is no Neighbourhood Plan.

The decision of whether or not to produce a Neighbourhood Plan is the responsibility of a Parish/Town Council or Neighbourhood Forum. As the Local Planning Authority the Council must consider all planning proposals in a fair, transparent and consistent manner whether a Neighbourhood Plan is in place or not. Therefore, the Council should not treat communities in areas without a Neighbourhood Plan differently to those which have one.

No change



The draft policy needs to address the issue of when policies are primarily involved with Essex County areas of responsibility. In particular, whether the District Council adequately seeks broad public opinion on matters within its territory in order that the County Council can in turn fulfil its planning consultation processes. eg: highways, nuclear waste applications approved by County despite local representations. This draft has to address its role in terms of representation of genuine broad based local views to the County, when Maldon based matters

This is Maldon District Council’s SCI so can only outline how MDC will engage with the community in relation to the planning process. These matters are outside of the remit of this document. However, ECC has its own SCI which was revised in July 2018 – these comments would better relate to any future ECC document. ECC are a statutory consultee for both the Local Plan and planning applications and are consulted when appropriate as set out at para 3.4 and 5.24

No change

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are an ECC responsibility.



The District Council is both a maritime and estuarial district, but the planning authority boundaries are solely land based. There will be times when consultation has to be extended to neighbouring local authorities and communities, but the current rules and procedures do not recognise that. Eg: Magnox and access to site via the estuary. A procedure has to be developed or existing arrangements expanded so that when issues arise that affect environmental issues which touch other authorities, they too can be represented and heard.

Paragraph 3.4 sets out the statutory consultees the Council must consult on the Local Plan. This includes a range of bodies who may have an interest in the coast/estuaries: neighbouring authorities, Parish and Town Councils in neighbouring districts, Marine Management organisations, Essex County Council, Environment Agency and Natural England. The Council also consults a wide range of other organisations and groups who may also have an interest in the coastal environment. In terms of planning applications the statutory and specialist bodies are set out in national legislation but can include the same organisations (depending on the application). Paragraph 3.19 of the SCI refers to Statements of Common Ground. The revised NPPF requires local planning authorities to produce a Statement of Common Ground to demonstrate how they have co-operated effectively and agreed on cross-boundary planning policy issues. This could include environmental issues.

No change



The Society welcomes the efforts made by the Council to make explicit its development framework and policy documents derived from government policies….

Noted No change

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Para 2.12

There does not seem to be a time limit for when policy documents should be revisited eg: Sadds Wharf (2007) there should be provision for calling in undeveloped brown field sites for re-consulting on what plan would be appropriate after significant periods of time. Provision for revision needs to be built in and further expanded within policy procedures to trigger action

The project plan for planning policy documents is set out within the Council’s Local Development Scheme (LDS). The LDS would be the appropriate document to consider a review of existing SPDs and other policy documents. The LDS is reviewed annually each February.

No change



Reiterate comments as per para 1.4 in particular, the decision on Friary East and whether MDC heritage policies will trump ECC influence.

The details of individual planning applications are outside the scope of the SCI.

No change


Para 3.10:

Re: Channels of communication – the list of stakeholders tends to be too narrowly defined and should acknowledge locally available resources eg: BAANG (Bradwell B)

In terms of planning applications, statutory and specialist bodies are consulted as set out in Schedule 4 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 – (See para 5.24). Other interested parties are consulted at the discretion of the LPA. Any interested parties can request to receive a weekly list of planning applications. Text to be added to Para 5.22 Making sure stakeholders with local knowledge are consulted appropriately is an important part of community

No change Add text at Para 5.22: Other interested parties are consulted at the discretion of the LPA. Any interested parties can request to receive a weekly list of planning applications Amend text in table under ‘Stakeholder meetings’ to read:

http://www.legislation.gov.uk/uksi/2015/595/contents/made



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engagement. Reference to specialist and local knowledge will be added to the description text under ‘Stakeholder meetings’

Stakeholder meetings will enable the engagement of ‘those with specialist/local knowledge and the sharing of alternative insights that benefit the document and its contents. Meetings can range from group meetings to one to one meetings.

SCI007 JAL Maldon Soiety Para 3.10:

The inclusion of public exhibitions and displays appears to be immediately undermined by a reference to these being resource intensive? On issues clearly affecting the public at large, eg Local Development Plan, such means are vital.

MDC acknowledge there are benefits to holding public exhibitions to reach a wider number of people at any time, where appropriate. Reference to “resource intensive” will be removed.

Amend text in table under ‘Participation’ to read: Public exhibitions and displays can be placed in locations that are easily accessible for participation. Considerations will be given to the time of display and location to maximise inclusivity.


Para 3.15 & 3.18

The public need to be better informed when policies are not adhered to in practice eg: affordable housing – developments are taking place where the %age agreed in policy is not being adhered to.

If a planning application is not policy compliant this will be noted in the Officer’s report to Committee.

No change


Para 3.18

It is not clear from the wording whether the means automatically exist to take stock of the LDP as a whole rather than the sum of its parts, and so anticipate the repercussions of partial failure, such

LDP Chapter 8 ‘Monitoring Framework’ sets out the Council’s intention to produce an Authority Monitoring Report (AMR) annually. The AMR will identify if the LDP policies are effective. If the LDP is not being

Add text at end of Para 2.6: The NPPF 2018 (Para 33) requires the Council to review the effectiveness of the LDP

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as might happen with Heybridge garden suburb

delivered as intended this may trigger a full or partial review of the LDP. There is also a requirement under the Town and Country Planning (Local Planning) (England) Regulations 2012) for the Council to review the effectiveness of the LDP every 5 years. Additional text will be added at Para 2.6 to advise of requirements under NPPF and recent legislation. The AMR will also be used to monitor the effectiveness of the Local Development Scheme (LDS) which identifies the planning policy documents the Council will produce annually. Reference is made at Para 2.12

every 5 years to establish whether the LDP is working as intended or whether a full or partial review may be required. The legal requirement set down under Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012) No change


Para 3.19

The definition of strategic matters is too narrow as it does not cover marine, estuary or other environmental matters.

Noted and added at para 3.19 ‘Strategic’ proposals are defined within the Council’s Scheme of Delegation: Section 9-Terms of Reference and can be viewed at https://www.maldon.gov.uk/downloads/download/8082/terms_of_reference Strategic matters are more subjective. Text added at Para 3.17 to include marine, estuary and other

Text added at end of Para 3.19: For clarity, ‘Strategic’ proposals are defined within the Council’s Scheme of Delegation: Section 9-Terms of Reference and can be viewed at https://www.maldon.gov.uk/downloads/download/8082/terms_of_reference …. Text added at end of Para 3.17: ……There are a number

https://www.maldon.gov.uk/downloads/download/8082/terms_of_reference





26



environmental matters. of strategic matters that have impacts that cross boundaries, including housing, transport, education, waste management, marine and other environmental matters.


Section 4:

The people of Maldon, the largest population in the district, are not well served by the fact there is no Neighbourhood plan and unlikely to be when the Town Council is so small. Matters are currently decided at district level that logically really ought to be within the town council’s domain and resources transferred accordingly eg: car parking, the Prom, markets. If relative responsibilities are not to be redrawn, then the district should consult Maldon/Heybridge town residents and businesses on issues affecting daily life here.

The decision of whether or not to produce a Neighbourhood Plan is the responsibility of a Parish/Town Council or Neighbourhood Forum. The other issues listed are regulatory matters and not within the remit of the Statement of Community Involvement. In relation to planning, the Council consults all those on the LDP database about planning policy documents in accordance with national legislation. Affected residents are consulted on planning applications in accordance with Schedule 4 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 – refer to para 5.12 and para 5.24 However, even if not directly consulted all residents are able to comment on planning applications and planning policy documents they have an interest in.

No change





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Section 4 Section 4 is currently redundant for Maldon itself.

This section is designed to provide guidance to those wishing to produce a Neighbourhood Plan. So it will only be relevant to Parish/Town Councils considering a Neighbourhood Plan.

No change



Whilst we appreciate that the pre-application stage is confidential, something is clearly wrong with the present system when proposals which conflict with council policies are nevertheless given lengthy and potentially expensive consideration eg: Friary East – ought to be quashed as the views of the conservation officer should be paramount within conservation areas.

The Local Planning Authority seeks to recover its costs for providing pre-application advice through charging for pre-application advice services. The resources utilised to provide pre-application advice are determined by Officers with the intention of being thorough, yet proportionate to the development and the fee that has been paid. It would be inappropriate to refuse to consider a pre-application advice request on the grounds that the development might not be supported as that would represent unreasonable pre-determination and it is not possible to be clear that a proposal would not be supported until it has been considered.

No change


Para 5.11:

There is no reference to community involvement in working up cases for infrastructure projects

Para 5.11 refers to NSIP’s which are determined by the Planning Inspectorate. The last sentence will be deleted and additional information in relation to making a relevant representation will be added at the end of para 5.11

Para 5.11: Text to be added: ….. Any individual wishing to participate in the examination of an application for development consent for a national infrastructure project (NSIP) is required to register with the Planning Inspectorate, and not the local planning authority, and make a

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relevant representation about the application. Further information can be found at:http://infrastructure.planningportal.gov.uk/application-process/participating-in-the-process/


Para 5.14:

Fees should be charged to other local authorities.

The fee schedule for pre-application advice relates to the Council’s services only. ECC apply their own charges for attending pre-application meetings. Text added at end of Para 5.15

Text added at end of para: 5.15 The fee schedule for pre-application advice relates to the Council’s services only. ECC apply their own charges for attending pre-application meetings.


Para 5.22:

The e-mailed weekly lists are much appreciated and should definitely continue.

Noted

No change


Para 5.32:

The current arrangements for public speaking at committee are wholly unsatisfactory and must be changed. The current arrangement fails on numerous fronts, often leaving the public unnecessarily frustrated and feeling democracy is not working.

The arrangements for public speaking at Committee are a constitutional matter and are outside the remit of the SCI. Practice Guidance Note 1: Public Speaking in Planning Committees identifies good practice across local authorities. The Council’s Terms of Reference, Section 9 sets out how the scheme for public speaking at planning committee meetings operates. A link is included at end of Para 5.32

No change


Para 5.33

For major applications the limit of 13 weeks seems impractical if there are

The Town and Country Planning (Development Management

No change





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many issues involved, and not currently adhered to…

Procedure) (England) Order 2015 section 34 sets out the determination periods for major and non-major applications. This time may be extended by agreement in writing between the applicant and the local planning authority.


Para 5.34, 5.35

The current methods are appreciated, as they are with Appeals

Noted

No change


Section 6 (page 34 – 38)

This whole section assumes a neighbourhood plan - this needs to be rethought given the unwillingness and inability of Maldon Town Council and others to get one of the ground, and the fact a LDP is already in place but may be failing.

Appendix 1 supports section 4 ‘Community Involvement in Neighbourhood Planning’. It sets out the process to be followed should a Parish/Town Council or Neighbourhood Group require more information about how to produce a neighbourhood plan. The decision of whether or not to produce a Neighbourhood Plan is the responsibility of a Parish/Town Council or Neighbourhood Forum. It is not a matter for the Council or the SCI, The Authority Monitoring Report (AMR) will identify if the LDP policies are effective. The AMR is published annually so if the LDP is not being delivered as intended this may trigger a full or partial review. There is now a requirement under the NPPF (2018) to review the LDP every 5 years.

No change

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SCI008 Carla Wright

Natural England

We are supportive of the principle of meaningful and early engagement of the general community, community organisations and statutory bodies in local planning matters, both in terms of shaping policy and participating in the process of determining planning applications. We are unable to comment, in detail, on individual Statements of Community Involvement but information on the planning service we offer, including advice on how to consult us, can be found at: https://www.gov.uk/protected-species-and-sites-how-to-review-

planning-proposals.

Noted and link added to document at Para 5.24

Link added at Para 5.24

(https://www.gov.uk/protected-species-and-sites-how-to-review-planning-

proposals).

SCI009 Michael Atkins

Port of London Authority

(PLA)

The PLA has no comments to make on the document

Noted No change

SCI010 Jacky Bannerman

Woodham Walter Parish Council (WWPC)

Para 1.1

The WWPC supports the opening statement at 1.1 and has ensured that local residents have always been consulted and given the opportunity to participate in the planning decision making process as far as it is possible at Parish level.

Noted No change



Para 1.4

Agrees with statement “that

community and stakeholder involvement is an essential requirement for sustainable development and then lists specific ways of becoming involved, which includes planning applications”

Noted No change

https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals







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Para 3.19 MDC needs to look closely at its application of the principles, especially the involvement of ‘hard to reach communities’. [The SCI] suggests that this is best done through Parish and Town Councils and relies heavily on the use of technology.

Para 3.6 states that ….‘Hard to reach groups are more likely to be engaged if more ‘proactive’ measures are taken to improve levels of involvement. [MDC] will therefore be positive in [their] approach to ensure everybody has the opportunity to be involved and encourage their participation’. Paragraph 3.6 states that this may be easier through representative organisations. This could include Parish Councils but could also include a range of other organisations and groups (listed at Para 3.5). Like most other local authorities, the Council uses the internet and other social media channels to inform, communicate and engage on planning issues. In terms of planning policy, the Methods of Communication table shows that the Council will also make consultation material available at libraries, the Council offices and parish council offices and where appropriate hold meetings/exhibitions to engage. Officers are also available to answer queries by phone or at the Council offices.

No change



Withdrawal of paper documentation in terms of planning application consultation with Parish Councils [is] a very retrograde step in the circumstances, [and] is effectively discriminating against those who

In the interests of efficiency and ensuring financial sustainability, the Local Planning Authority has ceased to provide paper copies of applications to Parish Councils. All relevant planning application details are available to be

No change

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have no computer access, the elderly and infirm and those areas where Broadband connectivity is extremely poor or non-existent. This is against the principles set out in the SCI. Seems incomprehensible that MDC should withdraw paper copies for consultation purposes, discriminately making it more difficult to involve local communities when

The MDC website is very poor, non-user friendly, often ‘times out’ and takes an age to load

Broadband connectivity is extremely poor throughout the rural parts of the District

Trying to access the Council Offices by public transport from some rural areas is a virtual impossibility and the absence of adequate car parking facilities at the Council Offices is such that visiting the Offices is made more difficult.

Dealing with public at meetings where planning applications are discussed without the ability to illustrate the application to the audience is impossible.

Parish Councils can ill-afford the expense involved in additional Clerk’s time or for the purchase of laptops and projectors for dealing with this ill-conceived decision.

Given the above, we do not

viewed on the Council’s website, which is considered to be adequate to enable this arrangement to continue. There is no statutory requirement to provide paper copies of planning applications to Parish Councils and it is not agreed that taking this step is discriminatory or will cause an inability for interested parties to interact with the planning process. This decision is not being reviewed at this time and the intention of the Local Planning Authority is not to return to the former procedure.

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believe that the DSCI is a true statement of fact and requires modification to reflect the reality experienced by Parish and Town Councils throughout the District.

It might be a vision for the future, but there is no demonstration as to how this can be achieved and as far as we can determine, the action taken so far appears to be outside of the intent of the legislation

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