Medway Local Plan (Regulation 18, 2023)

1.1. We are writing on behalf of our client, Mr and Mrs R Goatham, in respect of the Medway Council’s Local Plan – Regulation 18 Consultation Report-Setting the Direction for Medway 2040.

1.2. This representation promotes a site extending to approximately 0.8 hectares on the east side of Hoo, just west of the railway line at 1 Ropers Cottage, Ropers Lane, High Halstow, Hoo, ME3 8AD.

1.3. The site is allocated the reference HHH31 in the recent Medway Land Availability Assessment (LAA) 2023.

1.4. The site was recently promoted as part of land in response to the Hoo Development Framework (HDF) Consultation document which set out how our client’s site should be allocated to support the expansion plans at Hoo which the Council is carrying forward.

1.5. The site is owned by Mr and Mrs Goatham and at this stage is being promoted solely on their behalf.

1.6. This site, located in the Hoo Peninsula rural development area, could contribute to the Council's substantial housing requirements within the district, especially when joined with the neighbouring sites and identified as part of the plan.

1.7. It is considered that the site provides an opportunity for additional housing and or mixed development, and hence, positive growth in the Medway area to 2040.

1.8. This representation responds to the current Regulation 18, by setting out how the site meets the aspirations and broad spatial strategy being promoted in the Local Plan, specifically in the rural area. In addition to responding to each of the headings in the consultation document, and identifying how the site can deliver the vision and objectives through sustainable development.

2. Context
2.1. The production of the Medway Local Plan has involved several key stages. Three stages already having been completed, the ‘issues and options’ (Regulation 18) completed in 2016, the ‘development options’ (Regulation 18) completed in 2017, and the ‘development strategy’ (Regulation 18) completed in 2018. This consultation, ‘setting the direction for Medway 2040’ (Regulation 18) consultation, marks the fourth consultation phase and the final Regulation 18 consultation before the publishing of the Regulation 19 draft plan.

2.2. The current consultation period considers why the Council needs to plan for Medway's growth. It refers to aspects of Medway that need to be safeguarded for the future, such as beautiful landscapes and historic buildings. The consultation document also outlines potential options for building new homes, workplaces and services, such as schools and surgeries.

2.3. It is understood that this consultation does not detail policies or identify those sites preferred by the Council for new development, but does relay key areas where development could come forward.

2.4. This representation seeks to promote a 0.8 hectares of land on the north eastern side of Hoo, the extent of which can be seen at Figure 1 below.

Figure 1 – Google Earth showing extent of site promoted in the Local Plan. (emailed separately)

2.5. The recently published interim Land Availability Assessment for Medway (September 2023) does include an assessment of the site, with site reference HHH30. This document recognizes the site does not comprise “Habitats Sites”, Irreplaceable habitat” and is not an “Area at risk of flooding”. It is on this basis that the site is recognized as capable of delivering 5 or more dwellings, or economic development of over 0.25 ha and which is recommended to proceed to Stage 2.

2.6. The strategic location and size of the site provides the opportunity for the delivery of a residential scheme with potential economic development which could be developed in isolation or more strategically with the neighbouring sites.


3. Site description and history
3.1. The Hoo Development Framework (HDF) document proposes that our client’s property be surrounded by built form on all sides. The extent of this is shown below at Figure 2.

Figure 2 – Figure 5.39 in the HDF document showing the approximate location of our client’s property and the area surrounding this proposed for development - our client’s site is outlined in red immediately to the south of the railway line. (emailed separately)

3.2. Giving due regard to figure 5.45 of the HDF document on page 103, logic would be that the bottom third of this currently excluded area be allocated as high yielding residential density (up to 50 dph) the middle section be allocated for residential development with a medium yielding density (up to 45 dph) whilst the most northern third be considered employment land or even housing at a low ot medium density. This would tie in well with the currently proposed scheme set out at figure 5.38 on page 99 of the HDF document as illustrated below at Figure 3.

Figure 3 – Figure 5.38 showing the summary diagram of the propsed ‘East of Hoo St Werburgh neighbourhood area’ as proposed in the HDF document and how our client’s site could be allocated having regard to this. (emailed separately)

3.3. The site is well located next to proposed development in a sustainable location. The proximity of a proposed pedestrian areas in the locality further supports good connections to existing and proposed bus links, pedestrian and cycle paths, which will all link well with Hoo St Werburgh.

3.4. Allocation of the site for residential development would be consistent with the objectives of the NPPF which seek to support sustainable development in accordance with the environmental, economic and social objectives. Development would make a significant contribution to each of these as set out at Paragraph 8 of the NPPF.

3.5. There are no known constraints that would prevent development of the site, and further detailed assessments would be provided to accompany any future planning application to address any perceived site-specific issues.

4. Deliverability
4.1. Paragraph 68 of the National Planning Policy Framework (‘NPPF’) requires for plan-making, local planning authorities (‘LPAs’) should identify and update a supply of specific deliverable sites sufficient to provide 5 years-worth of housing against their housing requirements with an additional buffer of 20% where there has been a record of persistent under delivery of. Furthermore, specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15 of the plan need to be clearly set-out.

4.2. The Glossary of the NPPF defines deliverable and developable as following:
“Deliverable: To be considered deliverable, sites for housing should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years. In particular:
a) sites which do not involve major development and have planning permission, and all sites with detailed planning permission, should be considered deliverable until permission expires, unless there is clear evidence that homes will not be delivered within five years (for example because they are no longer viable, there is no longer a demand for the type of units or sites have long term phasing plans).
b) where a site has outline planning permission for major development, has been allocated in a development plan, has a grant of permission in principle, or is identified on a brownfield register, it should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years”.
“Developable: To be considered developable, sites should be in a suitable location for housing development with a reasonable prospect that they will be available and could be viably developed at the point envisaged”.

Availability
4.3. Mr and Mrs Goatham, who own the site, have confirmed that the site is available. On this basis, and subject to its inclusion in the Local Plan, the site can become available in the first 5 years of the Local Plan period.

Suitability for Residential Development
4.4. The site is easily accessible off the main Ratcliffe Highway / Peninsula Way highway from Ropers Lane immediately to the north of Hoo. There are no perceived constraints that could not be overcome to facilitate development on the site.

4.5. The site would be suitable for housing development, as a highly sustainable and logical extension to the settlement of Hoo. If the site were to come forward for a mixed residential / economic development, it could also sit comfortably with the adjoining existing and proposed site uses.

4.6. The site would form a positive approach to housing delivery in Medway. Giving due regard to the range of possible densities that could be adopted on the site (as per paragraph 3.2 above) the site is capable at accommodating between 25 and 35 units – more, should high rise flats be considered; and depending on any possible allocation for economic and or retail purposes.

Achievability
4.7. Subject to the grant of necessary planning permission, the site is realistically capable of delivering development in the early phases of the Plan period. Development viability will be assessed by taking into account the affordable housing requirements, other obligations and market conditions at the time when development proposals are promoted through the planning application process. At this stage, there is no indication to suggest that there will be any viability issues for housing development on this site.

The NPPF (paragraph 20), sets out that strategic policies should ‘set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision for [amongst others]:
a) housing (including affordable housing), employment, retail, leisure and other commercial development’;

Furthermore, the National Planning Policy Framework (‘NPPF’) requires that in order to boost housing supply, local planning authorities (‘LPAs’) should identify a supply of specific deliverable sites sufficient to provide 5-years’ worth of housing against their housing requirements with an additional buffer of 20% where there has been a record of persistent under delivery of housing.

The consultation report highlights in paragraph 5.4 that “It has to be recognised that there is a housing crisis, particularly regarding affordability and there is an absolute need to provide the right homes in the right places to meet Medway’s growing needs and the requirements for those desperately needing a good quality home”. It goes on to acknowledge that many existing residents are living in over-crowded and / or sub-standard housing conditions.

It is important that the protection of the intrinsic character and qualities of a site or an area are considered, but these qualities can be protected when new housing development is delivered, through good design and by improving the sustainable networks and access to places and services. Rather than seen as negative, new housing development should be seen as an opportunity to improve the area for the current and future residents delivering the types and quantity of homes that are desperately needed. On this basis, respectfully, reference to ‘housing delivery’ should be made in the vision.

It is submitted that the development of the site, either delivered in solo or in conjunction with the adjoining proposed development sites could form a housing-led scheme which could be an option to deliver not only the existing elements of the vision for Medway, but could also deliver important housing numbers in the Medway area early-on the plan period. The site is both available and the development of the site is achievable.

Section 8 of the NPPF provides guidance on ‘Promoting Healthy and Safe Communities’. The proposed objective in the Medway Local Plan actively meets this objective and is therefore supported. But, respectfully it is considered that there is an omission in how the objective is drafted.

The intentions of the third bullet point, proposes to strengthen the role of Medway's urban, neighbourhood and village centres…” This position is supported, but it is considered that ‘rural extensions’ should also be included in this objective, especially, as the rural development sites are included within the proposed spatial strategy for delivering growth.

This representation supports the provision of quality and resilient development in Medway and we support the Council’s recognition that growth does not mean losing character of an area.

The second bullet point sets out that sustainable development should be directed to the “most suitable locations that can enhance Medway’s economic, social and environmental characteristics”. This stance is supported, as it acknowledges that development of both brownfield and greenfield sites can come forward to meet the housing requirement. The most suitable locations that can enhance Medway's economic, social and environmental characteristics should be utilised to deliver the housing requirement of the area.

An allocation for development of the site could provide an opportunity to deliver this objective, in a development which meets the aspirations of sustainable development, directing development to the most suitable locations.

Paragraph 119 of the NPPF sets out that ‘planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions’.

It is set out in the current consultation that “The role of the Local Plan is to plan positively for the development and infrastructure that the area needs, whilst conserving and enhancing the natural, built and historic environment”.

In order to deliver the Local Plan, it is proposed that the plan is set around strategic objectives. “The objectives will feed into the wording of policies and how sites and different locations are assessed for potential development. The objectives are presented around broad themes for the environment, communities, economy, and investment in infrastructure and design that is fit for the future”. This representation supports the use of objectives to deliver the strategic aims of the plan, but wishes to raise the following comments regarding the individual objectives:

Objective: Prepared for a sustainable and green future
The objective to support action against climate change and a sustainable future for Medway is supported. This actively meets the aspirations of paragraph 153 of the NPPF which sets out that ‘Plans should take a proactive approach to mitigating and adapting to climate change’.

This representation promotes the delivery of a site in the rural area to help deliver 14,736 homes as a way, amongst others, that could deliver a sustainable and green future for Medway.

Paragraph 5.41 of the Regulations 18 consultation, sets out that “development around Hoo St Werburgh and neighbouring villages could provide for planned growth, where new housing is supported by new and improved services and infrastructure. Such development could also help to meet the Council's ambitions for greener growth, with higher environmental standards in construction, communities better connected for walking and cycling, and within easy reach of local services”.

This statement is supported and the site known as land at 1 Ropers Cottage (HHH30) provides an opportunity to deliver this strategy.

The level of housing need required for the Medway area identifies a requirement for 1,667 homes a year in Medway, which provides a total figure of around 28,500 homes to be delivered before the end of 2040. This figure could further be increased, as it is identified in paragraph 5.11 of the consultation that Medway Council are currently considering a request from Gravesham Borough Council to increase capacity by 2000 homes to help meet the housing need of their district.

In March 2023 Gravesham Borough Council produced its Five Year Housing Land Supply Statement, covering the period 2022-2027. This document sets out that Gravesham only has 2.9 years of deliverable housing supply. In accordance with the Gravesham Local Development Scheme (January 2023) the new Local Plan for Gravesham is not expected until December 2024, and thus, the Borough’s Housing Land Supply (HLS) is not likely to improve in the near future. The high likelihood of Medway having to absorb some of this housing need should not be ignored in the early stages of Local Plan creation for Medway.

It is understood that Medway Council are still establishing final housing need numbers, due to the Council raising concerns with the Government derived figures, and the basis and calculations on which final numbers are determined. However, it is made clear in paragraph 5.13 of the consultation that the Council will look to find potential site allocations enough to provide for 19,000 dwelling units, the additional 7500 sites being provided through extant supply.

We wish, respectfully, to raise an objection to this approach advocated by paragraph 5.13 because the acknowledged uncertainty in the number of housing numbers required to be delivered, means that a more proactive approach, by allocating more sites, should be taken.

The Council should be looking at allocating more sites, to meet a potential increased capacity, in the Local Plan to ensure that there is an appropriate buffer should there be an additional requirement for housing in the Medway area, rather than relying heavily on delivering the target number of 28,500 homes.

In accordance with paragraph 69 of the NPPF, it is identified that small and medium sized sites can make an important contribution to meeting the housing requirement of an area, and are often built-out relatively quickly. It sets out that ‘to promote the development of a good mix of sites local planning authorities should:
“a) identify, through the development plan and brownfield registers, land to accommodate at least 10% of their housing requirement on sites no larger than one hectare”;

The site, land at 1 Ropers Cottage (HHH30) could provide a reasonable alternative and an additional site on the outskirts of Hoo for additional housing development.

This representation supports paragraph 5.40 of the consultation, which sets out that the Hoo Peninsula provides a significant opportunity for the “development for homes, jobs and services”.

This representation supports the approach to utilise the Housing Infrastructure Fund (HIF) program to deliver improvements to transport and put measures in place to strengthen the local environment in the Hoo area.

In accordance with Paragraph 5.41 of the Local Plan, large-scale development around Hoo St Werburgh and neighbouring villages could provide for planned growth, where new housing is supported by new and improved services and infrastructure. Such development could also help to meet the Council's ambitions for greener growth, with higher environmental standards in construction, communities better connected for walking and cycling, and within easy reach of local services.