Infrastructure Delivery and Impact Mitigation and Monitoring

Here you can view our policy for Infrastructure Delivery and Impact Mitigation. To see the Draft Plan in full (PDF), or to see other polices in our Draft Plan - please refer to the useful links on this page.

This chapter covers the requirements to ensure the Garden Community is supported by the required level of infrastructure. The Garden Community provides an opportunity to create an innovative, resilient, well-connected and inclusive place that will stand the test of time.

1. Section 1 Local Plan

Some of the main requirements expected to be covered in this draft Plan, as set out in the policies of the adopted Section 1 Local Plan include:

• All development must be supported by the provision of infrastructure, services and facilities that are identified to serve the needs arising from the development.
• An infrastructure delivery strategy and phasing plan that sets out how infrastructure, services and facilities will be provided.
• Comprehensive planning and development of the Garden Community, where each development phase is supported by suitable mechanisms to deliver the infrastructure both on and off-site.
• Providing new and improved transport (footways, cycle links, bridleways, roads) and communication infrastructure.
• Addressing education, healthcare, leisure and sports.
• Integrating a network of multi-functional green and blue infrastructure to create attractive and sustainable places.
• Ensuring adequate water and wastewater treatment capacity or infrastructure upgrades are in place prior to development proceeding.
• Planning consent and funding approval for the A120-A133 Link Road and Route 1 of the Rapid Transit System.
• Providing appropriate design and infrastructure that incorporates the highest standards of innovation in energy efficiency and technology to reduce impact of climate change, water efficiency (with the aim of being water neutral in areas of serious water stress), and sustainable waste / recycling management facilities.

2. Engagement feedback

What we heard

Throughout our engagement processes, a moderate amount of people spoke about how to join up community facilities and generate income. In stakeholder workshops specifically, people talked about innovative approaches, such as: opportunities to co-locate facilities, such as health and community assets; how multiple uses should be considered; the role a Country Park can play in meeting sport and recreation needs; and how multi-functional sites could be used (e.g., cricket ground can be used for football in the winter). In the workshops, it was also highlighted that the role of existing assets should be considered, especially at the University of Essex and Colchester Sports Park, and how any new assets would interact with existing ones.

A lot of people in the local community contributed comments that the Garden Community will just be expensive houses, and that there will be no provision of infrastructure such as schools, health facilities, green space and employment. People are concerned about the impact of the Garden Community on health services in the area, mentioning that health services are already strained. Some participants noted that healthcare should be localised rather than centralised and fit in with the 15-minute neighbourhood model. Some people specifically talked about the importance of making sure the Garden Community was developed with an infrastructure first approach.

Most participants were opposed to maintenance fees, although some suggested that they might be necessary. A few people expressed concerns about the intentions of the developers, expressing feeling that profit would inevitably be prioritised over community infrastructure. This position was mirrored by CLG members, too.

What we’ve done

In order to make the Garden Community function sustainably, the Councils will require the timely and efficient delivery of the required infrastructure, services and facilities to support new residents and businesses. This includes the delivery of physical, social, and green and blue infrastructure, in addition to and alongside affordable housing. Delivery will need to be aligned and phased with development.

3. Policy 9: Infrastructure Delivery and Impact Mitigation

Planning and delivering the required infrastructure is at the heart of sustainable development for the Garden Community. Provision of appropriate and timely strategic infrastructure will be central to the delivery of the Garden Community and provides the opportunity to address infrastructure needs, maximise the efficient use of existing infrastructure capacities and explore opportunities for new sustainable infrastructure.

4. Justification

The Garden Community will require the provision of new physical infrastructure such as footways, cycleways, roads, and sewers; social infrastructure such as health, education, and community facilities; and green infrastructure such as open and recreational spaces. The Councils will work with developers and a range of partners such as the Highway Authority, National Highways, the lead authority for education, the Environment Agency, Lead Local Flood Authority, utility companies, North East Essex Clinical Commissioning Group and National Health Service England Midlands and East England, and Sport England to bring forward the necessary infrastructure that is required to deliver the Garden Community.

For the purposes of this policy the widest reasonable definition of infrastructure and infrastructure providers will be applied. The term infrastructure can include any structure, building, system facility and/or provision required by an area for its social and/or economic function and/or wellbeing including (but not exclusively): footways, cycleways, bridleways and highways; public transport; drainage, sustainable drainage systems (SuDS) and flood protection; waste recycling facilities; education and childcare/nurseries; healthcare; sports, leisure and recreation facilities; community and social facilities; cultural facilities, including public art; emergency services; green infrastructure; open space; affordable housing; live/work units and lifetime homes; broadband/telecommunications; and facilities for specific sections of the community such as youth or the elderly.

It should be recognised that infrastructure may be provided in various ways including new infrastructure, improvements to existing facilities/services or as co-located or expanded services/facilities. Where infrastructure cannot be provided within, or is not appropriate to be located on, the Garden Community site itself, developers will be expected to make a contribution to the cost to provide the infrastructure elsewhere.

In negotiating planning obligations, the Councils will require a fully transparent open book viability assessment and that all possible steps have been taken to minimise the residual level of unmitigated impacts. Developers may be required to enter into obligations that provide for appropriate additional mitigation in the event that viability improves prior to completion of the development.

The Councils will prepare an Infrastructure Delivery Plan (IDP) for the Garden Community to identify the required infrastructure. Proposals will be expected to deliver or contribute to the necessary infrastructure requirements of the Garden Community as identified by the Council’s IDP, where such contributions are compliant with national policy and the legal tests.

The Councils will seek contributions from developers to fund improvements to existing infrastructure and the environment and new infrastructure. Contributions will be made through the Community Infrastructure Levy (if adopted), which applies a standard charge to developers to fund supporting infrastructure such as transport, schools, community facilities and health facilities, and/or Section 106 agreements which address the provision of affordable housing and more site-specific infrastructure requirements. The necessary infrastructure requirements through the use of planning condition and/or planning obligation and/or financial contributions through Community Infrastructure Levy (CIL) charges in accordance with The Community Infrastructure Regulations 2019.

Some infrastructure providers will fund and deliver infrastructure themselves. Other infrastructure will be funded by developers and landowners, secured by planning obligations or the CIL (if adopted) or its successor as part of the planning permission. On-site infrastructure provision will usually be secured by planning conditions or legal agreements. Off-site provision will usually be secured by legal agreements and through other financial contributions.

Essex County Council, working with CBC and TDC, were successful in attracting funding under the Housing Infrastructure Fund (administered by Homes England) for the delivery of the A120-A133 Link Road, and the offsite sections of the Rapid Transit System. The awarding of the funding has been made on the basis that this transport infrastructure unlocks housing growth at the Garden Community, without which the Garden Community could not be developed to the scale proposed. In accordance with the conditions of the funding agreement with Homes England, the Councils will seek to maximise the recovery of this funding from the Garden Community as it is developed. The mechanism for the recovery of funding will be secured by legal agreement between the Councils and the developer(s), with the level of recovery informed by regular reviews of development viability so that an appropriate financial contribution towards recovery is set which takes into account other policy requirements and contributions required of the developer(s). Contributions received from this recovery mechanism will be recycled back into supporting additional housing growth in the area at the discretion of the Councils and Homes England, as set out in the conditions of the Housing Infrastructure Fund.

5. Monitoring

Monitoring is a way of assessing the effectiveness of a plan once it is adopted. It helps to identify if plan policies are not being implemented and whether an early review of the plan is required. Monitoring indicators for the Plan will reflect the indicators monitored in the Councils Authority Monitoring Reports and will be linked to the Sustainability Appraisal (SA) Framework. The table, below, outlines the Councils initial thoughts on monitoring. This has been guided by the recommendations in the SA Report and will be developed as the draft Plan progresses, as the Councils monitoring indicators evolve, and taking into account representations received.