NOVEMBER 2018 | AS | P16-0991

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REPRESENTATIONS FOR QUORN

NEIGHBOURHOOD PLAN

SUBMISSION ON BEHALF OF MILLER HOMES

NOVEMBER 2018

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Page | 2

1. INTRODUCTION

1.1 These submissions have been prepared on behalf of Miller Homes who have interest

in land to the north of Loughborough Road, Quorn.

1.2 The Quorn Neighbourhood Plan has been submitted to Charnwood Borough Council,

and is currently out for pre-examination consultation.

1.3 This representation will provide comments on the relevant proposed policies of the

Quorn Neighbourhood Plan. Each of the following policies will be the discussed in

this representation:

i. Policy S1 – Settlement Boundary

ii. Policy H1 – Residential Site Allocation

iii. Policy H2 – Housing Mix

iv. Policy H3 – Affordable Housing Provision

v. Policy ENV1 – Areas of Separation

2. Policy S1 – Settlement Boundary

2.1 Policy S1 of the Quorn Neighbourhood Plan supports development within the

defined settlement boundary of Quorn. As per our representation to the Pre-

Submission Consultation of the Quorn Neighbourhood Plan, we still support this

Policy for the reasons stated below.

2.2 This boundary has been designated using the methodology set out on Page 16 of

the Neighbourhood Plan Submission Version (October 2018) document, which has

been agreed as part of the community consultation and is consistent with the

approach adopted by Charnwood Borough Council.

2.3 It is stated within the methodology that the designated settlement boundary takes

into account the residential site allocation as included in the Neighbourhood Plan

within Policy H1. Miller Homes have interest in the land of the housing site

allocation, and as such the inclusion of the allocated site in the settlement boundary

of Quorn is fully supported.

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3. Policy H1 – Residential Site Allocation

3.1 Policy H1 of the Quorn Neighbourhood Plan Submission Version (October 2018)

proposes the allocation of Land at Loughborough Road, Quorn for residential

development. As mentioned above, Miller Homes have an interest in this land and

therefore support Policy H1 which allocates this land as a Residential Site Allocation.

3.2 Environment Agency’s flood maps locate the site partially within Flood Zones 2 and

3. However, the site is protected from the River Soar by flood defences offering at

least a 1 in 100 year standard of protection to the site. When the Poultney Brook

to the south of the site overtops its banks, flood water converges towards the site

via the culvert crossing under Loughborough Road and flows through a 450mm

diameter culvert on site flowing south to north, until its capacity is exceeded.

Exceedance flows spread across the site following the lowest topography.

3.3 Miller Homes have appointed JPP Consulting to undertake engineering works at the

site to address the potential flood risk to both the site and properties downstream.

A copy of the drawing (9519/H/101) showing these works is appended to this

representation at Appendix 1. The works include;

i. Removal of the culvert crossing site and reinstate an open channel;

ii. Creation of a new earth flood bund with a crest level set 600mm above the 100-

year with (+50%) climate change flood level running from the left side of the

channel outlet up to the A6 Road embankment;

iii. Creation of an approximate 35m long flood bund running with the same

characteristics from the right side of the channel outlet in an easterly

direction;

iv. A flood compensation area that provides additional storage capacity within the

River Soar flood plain.

3.4 A full hydraulic model has been prepared and reviewed by the Environment Agency

and Leicestershire County Council LLFA to ensure the works are accurately sized

and located. The works have now received consent under Section 23 of the Land

Drainage Act 1991 from Leicestershire County Council LLFA; the decision notice

has been appended to this representation at Appendix 2.

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3.5 Technical work undertaken by Miller Homes in developing the masterplan proposals

for the site therefore demonstrates that the site is deliverable and there are no

overriding constraints to prevent development on the land.

3.6 The proposed allocation is well related to the existing settlement; the site is

physically and visually connected to the built form of the village. As mentioned

above, Policy S1 designates the settlement boundary to include this land within its

limits. Development on this site for residential purposes would therefore have no

impact upon the wider countryside.

3.7 Policy H1 as set out in the Submission Version of the Quorn Neighbourhood Plan

(October 2018) suggests the site will provide for a minimum of 75 dwellings. The

Pre-submission Version (June 2018) stated the proposed allocation will provide for

up to 105 dwellings. It would be more appropriate if the policy wording of Policy

H1 included a maximum number of dwellings that would be acceptable for the

development of the site. The current policy wording allows for a minimum of 75

dwellings, with no reference to a maximum cap of dwellings which leaves the policy

open to interpretation. Amending Policy H1 of the Submission Version

Neighbourhood Plan to suggest ‘up to 105 homes’ would ensure that amount of

development considered acceptable by the Parish Council is appropriately defined.

3.8 Miller Homes have prepared an indicative site layout plan for the proposed

development at the site which demonstrates that the delivery of 105 dwellings is

achievable. (See Appendix 3)

3.9 Policy H1 includes a requirement for the incorporation of SuDS in the design of the

development. It is also noted that reference to the creation of an access point as

a specific criterion is removed from Policy H1 of the Submission Version

Neighbourhood Plan (October 2018) following the advice of Leicestershire County

Council as Highways Authority as part of the Pre-submission Version (June 2018)

consultation. Technical information will be submitted for consideration to

Charnwood Borough Council, and advice sought from Leicestershire County

Council, to support any subsequent planning application.

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4. Policy H3 – Housing Mix

4.1 This section of the representation refers to Policy H3: Housing Mix, which seeks to

ensure that new housing development proposals provide a mixture of housing types

to meet the identified local needs in Quorn. The policy specifically states that

support will be given to dwellings of 1, 2, and 3 bedrooms and to homes suitable

for older people and restricted mobility. 4-plus bedroom units should comprise a

clear minority of development.

4.2 Leicester and Leicestershire’s HEDNA (January 2017) identifies the suggested

housing mix for homes in the districts in the Leicester and Leicestershire area at

Tables 55 and 56. The suggested mix for both market housing and affordable

housing in Charnwood is;

• 40 – 45% 1 bedroom units,

• 20 – 25% 2 bedroom units,

• 25 – 30% 3 bedroom units,

• 5 – 10% 4-plus bedroom units.

4.3 The Neighbourhood Plan does not provide any other evidence base in relation to

the proposed housing mix noted in Policy H2. The YourLocale report (April 2017),

identifying housing need in Quorn for the preparation of the Neighbourhood Plan,

identifies a need for smaller two-bedroom homes in Quorn after analysis of the

2011 Census Data.

4.4 The policy should refer to the Leicester and Leicestershire HEDNA as the evidence

base for the housing mix to ensure an up to date and robust assessment of local

housing needs.

4.5 Further to this, any policy setting the housing mix of development should be

sufficiently flexible to allow for site specific circumstances and market conditions at

the time of the development.

4.6 This approach is supported in the Charnwood Local Plan 2011-2028 Core Strategy,

which states that new housing developments are to take account of local housing

needs and current mix of homes available in the local area.

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5. Policy H4 – Affordable Housing Provision

5.1 Policy H4 of the Quorn Neighbourhood Plan seeks for new residential development

with a net gain of ten or more dwellings to provide at least 40% affordable housing.

This would be in accordance with Policy CS3 of the Charnwood Local Plan 2011-

2028 Core Strategy (‘the Core Strategy’), which seeks a target of 40% of affordable

housing units on new developments in Quorn.

5.2 The Policy states that the affordable housing stock should be provided as clusters

of up to 6 dwellings dispersed throughout the development. Policy HSPD 8 of

Charnwood Borough Council’s Housing SPD advises that affordable housing should

be distributed in clusters of up to 10 dwellings. This is considered to be a

reasonable approach and should be reflected in the proposed policy in the

Neighbourhood Plan. We therefore suggest that the wording of Policy H4 should

be amended to accord with Policy HSPD8.

5.3 The proposed tenure mix as proposed by Policy H3 is;

• One third of units for social or affordable rent,

• One third of units for shared ownership provision,

• One third of units will be for low cost starter homes for sale.

5.4 The revised National Planning Policy Framework, published in July 2018, places a

new emphasis on starter homes or intermediate housing forming part of the overall

Affordable Housing requirement for new development. As proposed in the Quorn

Neighbourhood Plan, two-thirds of the overall affordable housing provision are

required to be intermediate housing (starter homes or shared ownership). The

proposed emphasis on intermediate and low cost starter homes in the provision for

affordable housing is generally supported and is consistent with the guidance in the

Revised NPPF.

6. Policy ENV1 - Areas of Separation

6.1 Policy ENV1 of the Submission Version Neighbourhood Plan defines two areas of

separation; a large area between Quorn and Loughborough/Woodthorpe to the

north-west of the village, and a smaller area to the south-east between Quorn and

Mountsorrel. These areas are shown at Figure 6.

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6.2 Areas of Separation are used as a tool to protect open countryside between

settlements, and in this instance would prevent the coalescence between Quorn

and Loughborough/Woodthorpe and ensure separate identity of Quorn.

6.3 This Policy is in accordance with the Green Wedges and Area of Local Separation

Review (March 2016) which will be used as evidence to prepare Charnwood

Borough Council’s Local Plan Review. This report makes a recommendation for

PALS-1 (potential area of separation between Loughborough and Quorn) to be

designated as an Area of Local Separation to ensure the physical gap between these

two settlements is maintained.

6.4 This Area of Separation is to the north-west of the parcel of land at Loughborough

Road proposed as an allocation for residential development through the Submission

Neighbourhood Plan (Policy H1). We consider it is entirely appropriate to use the

A6 and Loughborough Road as a defensible boundary for the proposed Area of

Separation. This also aligns with Policy S1 which defines the settlement boundary

of Quorn.

6.5 We therefore support Policy ENV1 and the designation of the Areas of Separation,

and in particular the proposed Area of Separation between Quorn and

Loughborough/Woodthorpe located to the north of the A6 and west of

Loughborough Road.

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Appendix One –

Watercourse Works. Drawing No. 9519/H/101

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Appendix Two –

Ordinary Watercourse Land Drainage Consent -

18th October 2018

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 1 of 7

LEICESTERSHIRE COUNTY COUNCIL

Ordinary Watercourse Land Drainage Consent

Land Drainage Act 1991

Name

Mr Antony Riozzi (on behalf of) Miller Homes Ltd. 2 Centro Place Derby DE24 8RF Consent applying to

Works on unnamed ordinary watercourse at Loughborough Road, Quorn to include:

Permanent works on unnamed ordinary watercourse to remove a 450mm culvert to be replaced by an open channel.

Permanent works on unnamed ordinary watercourse to re-profile existing watercourse to provide additional flood storage capacity.

Temporary works on unnamed ordinary watercourse to prevent migration of silt/pollutants consisting of hay bales and silt barriers placed downstream of the overland flow channel.

Consent Number

HMS 728121

Effective from

18th October 2018

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 2 of 7

Introduction

This Note does not form part of the Certificate of Authorisation.

Leicestershire County Council Land Drainage Consents are required by virtue of the Land Drainage Act 1991. The following activities on an Ordinary (non-main) Watercourse require Local Authority Consent:-

Under Section 23 of the Land Drainage Act 1991;

The erection or alteration of any mill dam, weir or other like obstruction to the flow of any watercourse.

The erection or alteration of any culvert that would be likely to affect the flow of any watercourse.

Under Sections 17 and 20(2) of the Land Drainage Act 1991;

Any drainage works carried out by a local authority against flooding in connection with any watercourse.

Under Section 61F Land Drainage Act 1991 (Inserted by Schedule 22 Environment Act 1995)

The operation of any drainage works, under the control of any Internal Drainage Board or local authority, so as to manage the level of water in a watercourse for the purposes of facilitating spray irrigation.

Note

Consent under the above legislation is required irrespective of whether the works are permanent or temporary.

Contraventions

In relation to Ordinary Watercourses, the Agency can under Section 24 of the Land Drainage Act 1991 serve a legal notice requiring the person to abate the nuisance within a specified time. Failure to abide by such a notice can result in Leicestershire County Council carrying out the necessary remedial work and seeking to recover costs.

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 3 of 7

Land Drainage Act 1991 Land Drainage Consent Control of works affecting watercourses and/or flood defences Consent number: HMS 728121 To: Antony Riozzi (on behalf of Miller Homes Ltd)

Leicestershire County Council, in exercise of its powers under Section 23 of the Land Drainage Act 1991 and subject to the conditions attached, hereby grants its consent in relation to the works or operations described in this Consent. Watercourse: Unnamed Ordinary Watercourse Location: Loughborough Road, Quorn Map reference: E:455261, N:317227 Description of works:

Permanent works on unnamed ordinary watercourse to remove a 450mm culvert to be replaced by an open channel.

Permanent works on unnamed ordinary watercourse to re-profile existing watercourse to provide additional flood storage capacity.

Temporary works on unnamed ordinary watercourse to prevent migration of silt/pollutants consisting of hay bales and silt barriers placed downstream of the overland flow channel.

As detailed on plans and sections

9519/H/101 – Revision D – Sections Through Watercourse

SWMP_001_003 – Silt Management Plan.

Hydraulic Modelling Statement Rev 2.0. Works to be carried out as described in the provided Method Statement received on [09-08-2018]. Leicestershire County Council does not accept any responsibility for the design and construction of the works referred hereto and any liability for any loss or damage which may arise out of their design, construction, maintenance or use.

This Consent shall come into effect on 18th October 2018

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 4 of 7

Signed on behalf of Leicestershire County Council

Andrew Smallwood Senior Technician (Flood Risk Management) 18th October 2018

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 5 of 7

Conditions This consent is granted with the following conditions: General:

The works must be undertaken in accordance with the approved plans, drawings, calculations, method statements, specifications and other documents provided to Leicestershire County Council for consenting. Any amendments or significant changes to the information provided should be consented by Leicestershire County Council for approval.

Leicestershire County Council takes no responsibility for maintaining any temporary or permanent structures proposed as part of this consent.

The works should be carried out in a manner to ensure there is no increase in flood risk to third parties.

Leicestershire County Council does not accept any responsibility for the design and construction of the works that are subject to this consent and any liability for any loss or damage which may arise out of the design, maintenance or use.

It is the applicant’s responsibility to obtain any consent/permission of any owners and occupiers that may be affected by the works. This consent does not confer rights of entry over property.

This consent does not remove the applicant’s necessity to obtain other licenses, consents, approvals or permissions (including planning permission) which may be required by law or in order to comply with any duties or responsibilities for conservation or protection of the environment.

For any “out of hours” problems (particularly flooding or pollution incidents) it is required that the applicant provide a 24 hour emergency contact telephone number to the Leicestershire County Council prior to construction commencing. Should any pollution problems occur on site the Environment Agency must be informed immediately 0800 807060 and Leicestershire County Council (0116 30550001) also informed.

Prior to any de-vegetation works a thorough visual inspection of the site should be conducted ensuring no nesting birds, protected species or invasive species are present. In the instance that any nesting birds or protected species are encountered (i.e. roosting bats, watervoles, otters etc.) the commencement of works should be halted and a notification be sent to ourselves.

It is recommended all plant access/egress to the site is confined to one established route to ensure vehicular activity during the construction phase has no adverse effect upon the wider riparian environment.

The contractor should monitor the weather forecast and in the event of likely flooding all materials should be removed from site until natural flow conditions are resumed. It is also recommended that works do not take place whilst the river is in spate.

Material used for backfilling must be inert and not contain any material that could potentially leach out into the watercourse.

No excavated material or debris arising from the construction of the works shall be disposed of on the site or the flood plain without the approval of Leicestershire County council.

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 6 of 7

Upon completion of the works all debris and surplus materials must be removed from the site of the works and the banks left in a stable condition.

The banks of bed where disturbed shall be restored to the reasonable satisfaction of Leicestershire County Council.

Invasive species such as Japanese Knotweed, if encountered, must be managed and controlled on site.

All reasonable precautions must be taken during the works so as not to obstruct, impede or interfere with the flow of water in, into or out of the watercourse and not to damage the banks or bed or any drainage works without the approval of the Leicestershire County Council.

A spill kit is to be present on site at all times during works.

Landscaping of banks is restricted to native species only.

Petrol or diesel apparatus should be operated from the bank side and not enter the watercourse.

Any machinery used should be checked prior to use for any leakages, any waste chemicals and all wash waters appropriately disposed of to mitigate the deterioration in the current ecological health of the watercourse or any downstream receiving waters.

Timing:

Works to be carried out in the time period of three years from the consent approval date. Any extensions of approval should be applied for to Leicestershire County Council.

A week’s notice should be given to Leicestershire County Council before commencement of works.

Notice in writing must be given immediately by the applicant to Leicestershire County Council upon completion of the works.

As built drawings of the work must be provided to the Leicestershire County Council within 1 month of completion.

Construction works should ideally take place between 8am – 4pm to reduce the impact on all wildlife.

Temporary Works:

Temporary watercourse diversion must cause minimal obstruction to existing flows. Over pumping to be available on site in case of flooding risk or restriction to the watercourse.

Where a watercourse is required to be temporarily dammed off:

The top of any dam must be set no higher than 450mm above normal water level, in order to prevent flooding to upstream property/ies during a flood event.

LCC Land Drainage Consent Documentation

HMS 728121 LCC Consent Certificate of Authorisation.doc Page 7 of 7

Where works require de-watering:

Please ensure that de-watering takes place gradually in order to allow wildlife to move out of the way and not be caught in the process, and to facilitate any fish rescue being undertaken.

In order to reduce the impact of sediment disturbance within the watercourse, filtration media such as hay bales should be positioned downstream of the discharge point before any work is carried out. The filtration material should be inspected regularly and maintained where appropriate.

Dams must be lowered gradually to prevent a flood of water down the watercourse. Where over pumping is used:

Contingency measures should be in place regarding pump failure (auxiliary pump in place during pumping), flash flooding events (monitoring of weather conditions and weather warnings during pumping). Where possible, adjacent pastureland should be made available for the emergency discharge of pumped water/flood water.

During pumping, the outfall must be checked daily. The Environment Agency must be informed if pumped water containing polluting material e.g. oils, or heavy suspended solids, are allowed to enter the watercourse.

Any pumping equipment used should have a suitable screen/strainer to prevent fish and other materials being drawn in. Pumping should be undertaken in a manner that minimises bed disturbance, avoids movement of silt and minimises scour.

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Appendix Three –

Loughborough Road, Quorn – Sketch Layout

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INDICATIVEPLANTING