HOUSING

INTRODUCTION

4.1 Chapter one of the Plan sets out a sustainable strategy for the development of the District. The strategy seeks to make the best use of land already committed to development, regenerate buildings and sites and to concentrate development within existing development boundaries minimising the loss of greenfield land. This approach is followed through in making provision for new housing development.

OBJECTIVES

THE PLANNING STRATEGY FOR HOUSING PROVISION

The Structure Plan

4.2 The quantity of housing required over the plan period has been established by the Essex and Southend on Sea Replacement Structure Plan (RSP). This is based on current Regional Planning Guidance for the SouthEast (RPG 9) 1991-2011 and the Government's 1992 Household projections. New RPG has been adopted by the Government in 2001 and provides a new housing requirement for Authorities in the South East up to 2016. However the District now falls within the Eastern Region following reorganisation of regional planning arrangements in April 2001. This has not affected the Structure Plan provisions for the District.

4.3 The Structure Plan views the District as an area of "planning restraint upon further housing development" (see Strategy chapter). In determining the housing requirement, account was taken of the existing commitment carried forward from previous plans. Accordingly this scale of housing provision is not intended to require release of green field sites outside currently adopted development boundaries. The Structure Plan requires the provision of 2800 additional dwellings (net) between 1996 and 2011.

4.4 This strategy is part of the approach to re-balancing the number and location of jobs and homes. Past plans have been successful in providing for new housing but employment development has lagged behind despite allocations of employment land in successive plans. This has contributed to large numbers of out-commuters. The Local Plan therefore needs to put in place the foundations of a more sustainable work/home relationship by providing more local jobs in proximity to the largest settlements and slowing the increase in housing. The Structure Plan recognises that not all locally generated households that form will be accommodated by this strategy and that some will need to locate outside the Plan area. However the shortfall is small, calculated to be about 100 dwellings over the Structure Plan period.

Pattern of development

4.5 Development boundaries were adopted for 25 settlements in the Maldon District Local Plan 1987 and reviewed in the First Review of 1996. Development boundaries identify the limits of built development, concentrating this in settlements that generally offer a range of local services. The boundaries also have the important function of protecting the countryside from urban sprawl.

4.6 The maintenance of development boundaries as adopted in 1996 for the control of housing location is important in achieving the Structure Plan strategy because the District's housing requirement is based on existing plans and commitments. Therefore the development boundaries established by the 1996 plan should define the limits of new housing development. The resulting pattern of development reinforces the focus of population on the five largest settlements of Maldon, Heybridge, Burnham-on-Crouch, Southminster and Mayland which together accommodate 60% of the District's population. It is in these locations that 68% of the identified sites are found. This is fully consistent with the need to relate housing to the level of services available and provision of local employment.

Housing in the countryside

4.7 The Plan area includes 28 parishes with a population of less than 3000. Eight parishes have a scattered settlement pattern with no development boundaries and there are many sporadic, often isolated groups of dwellings. The strategy aims to direct development to sustainable locations where there exists a range of services, community facilities and access to public transport and employment. For this reason, Policy S1 directs development to sites within the development boundaries of settlements listed there and defined on the Proposals Map. The exception to this is for agricultural workers accommodation under Policy CC14 and affordable housing on rural exceptions sites under Policy H10. Policy S2 seeks to prevent development in general outside development boundaries. There are, however, provisions for the re-use of redundant buildings outside development boundaries as well as replacement of existing houses.

4.8 Perpetuation of sporadic housing development is opposed to the principles of sustainable development. Therefore outside development boundaries housing development will only be allowed in specific and exceptional circumstances, for example where there is proven agricultural need; Policies CC14, CC15 and CC16 refer. Consolidation and infilling by housing will not be allowed. Particular identified affordable housing needs may be addressed through the "exceptions policy" set out in Policy H10.

4.9 The Maldon District Local Plan First Review identified two areas that required special protection against infilling at Beacon Hill, Wickham Bishops and Totham Plains, Tolleshunt Major.

4.10 Beacon Hill is very attractive and characterised by large houses set in spacious grounds. It is a dispersed settlement that has no core or identifiable limits. Any infilling of the area would seriously detract from the attractive character of the landscape and result in perpetuation of an unsustainable form of development.

4.11 A substantial number of infill plots had been allowed in the past on Plains Road, Little Totham and in the Maldon District Local Plan First Review the area was particularly protected from further infill. This protection will now continue under Policy H2.

HOUSING SUPPLY

Guidance for housing provision

4.12 Planning Policy Guidance Note 3 "Housing" requires that the maximum use is made of previously developed land, empty properties and the conversion of non-residential buildings for housing, in order both to promote regeneration and to minimise the amount of greenfield land being taken for development. An Urban Capacity Study should be carried out to identify these sources of supply.

4.13 Previously developed land (PDL) is defined in PPG 3 (Annex C) as follows:

"Previously developed land is that which is or was occupied by a permanent structure (excluding agricultural or forestry buildings), and associated fixed surface infrastructure. The definition covers the curtilage of the development. Previously developed land may occur in both built up and rural settings. The definition includes defence buildings and land used for mineral extraction and waste disposal where provision has not been made through development control procedures. The definition excludes land and buildings that are currently in use for agriculture or forestry purposes and land in built up areas which has not been developed previously (e.g. parks, recreation grounds and allotments even though these areas may contain certain urban features such as paths, pavilions and other buildings). Also excluded is land that was previously developed, but where the remains of any structure or activity have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings), and where there is a clear reason that could outweigh the re-use of the site - such as its contribution to nature conservation - or it has subsequently been put to an amenity use and cannot be regarded as requiring redevelopment."

4.14 The Structure Plan strategy has established that the District housing requirement is commitment based and does not require the release of land outside development boundaries.

Housing Provision

4.15 Within the above guidance an assessment has been made of likely housing provision within development boundaries. Outside development boundaries conversion of buildings and development of land for housing will be strictly controlled. The definition of previously developed land specifically excludes agricultural and forestry buildings and the conversion of suitable buildings to residential use will be considered as an exception within the context of countryside policies.

4.16 The assessment has been based on the identification of known and potential housing sites. This comprises the 2001 Maldon District Residential Land Availability schedule and Urban Capacity Study. Consultants Buro Happlold and EDAW undertook the Urban Capacity Study for the settlements of Maldon, Heybridge, Burnham-on-Crouch, Great Totham, Mayland and Southminster. After accounting for sites/capacity previously identified in the Residential Land Availability schedule, the UCS identified additional capacity for 604 dwellings that are likely to be developed before the end of the Plan period.

4.17 Housing provision has been assessed by analysing the following elements based on the position at March 31, 2002 and with a base date of April 1, 1996. Detail on this can be found in the 2002 Maldon District Residential Land Availability schedule and the 2001 Urban Capacity Study. All figures are net, taking account of losses. The supply of housing will be monitored annually.

Table 2 Summary of housing provision 1996-2011

Housing provision	Net units to 31.3.2003
Completions from 1996	2151
Sites with planning permission	584a
Housing allocations	33b
Urban Capacity Sites	289c
Other sites without planning permission	110
Windfall sites	30
Losses	-50
Total	3147
Structure Plan requirement	2800
Surplus	+347

Notes:

1. Less 10% for non-implementation.
2. Assume a balance between the deletion of H4/5 and the allocations for mixed uses at Sadds Wharf and Heybridge Basin.
3. Delete 120 from the "Chalet Site"; less 10% for non-implementation.

THE PLAN MONITOR AND MANAGE APPROACH

4.18 PPG 3 advocates a "Plan, Monitor and Manage" approach to housing provision. This requires plans to set out how they will achieve the housing requirement over the plan period, monitor performance and in the light of that information manage future supply by review of Plans. As background to the provisions in this Plan there has been a study of housing land availability and the capacity of the existing adopted Plan . It has been concluded that adequate land is available to meet the Structure Plan requirement without altering development boundaries established by the previous plans.

4.19 It is recognised that there are difficulties in accurately predicting when new housing will become available from identified or windfall sites. Past Local Plans have underestimated the contribution from these sources. The extent of sites identified in the Urban Capacity Study for Maldon District (March 2002) has resulted in a total number of units for the Plan period, which exceeds the Structure Plan requirement. This is not intended as an oversupply of housing during the Plan period, but instead represents a portfolio of sites that will be periodically monitored and reviewed in co-operation with the Joint Structure Plan Authorities, using the "Plan, Monitor, Manage" approach. The aim will be to ensure that the Structure Plan housing provision for the District is met, whilst maximising the use of sites within urban areas. An estimate of further windfall housing, based on the findings of the Urban Capacity Study, is taken into account in assessing the likely delivery of additional housing.

4.20 No approach to the phased release of housing sites is proposed in the Plan. This reflects the District's housing supply situation of new housing development taking place within defined settlement development boundaries, mainly on previously-developed sites and that no additional greenfield land is allocated for housing. The Council does not wish to unnecessarily hold back housing development on greenfield sites that are within development boundaries that contribute towards meeting the Structure Plan housing requirement and meeting local housing needs, particularly for affordable housing.

DELIVERING HOUSING SUPPLY

Housing allocations

4.21 All but four sites allocated for housing development in the Maldon District Local Plan First Review have received planning permission or have been implemented. The Replacement Local Plan carries forward these remaining sites.

Table 3 Land Allocated For Residential Development

Parish	Inset No.	Site No.	Location	Capacity
Southminster	20	H4/1	East of Burnham Road	3
Little Totham	13	H4/2	East of The Street	8
Tollesbury	23	H4/3	Darnet Road	3
Tolleshunt D'Arcy	24	H4/4	North of Chapel Road	6

Schedule to Table 3

H4/1 Land East of Burnham Road, Southminster

4.22 This site lies close to a former landfill site, from which there is the possibility of landfill gas migrating to strata beneath this site. The developer will be expected to investigate the presence, likely presence and any effects that landfill gas may have on development of the site and its subsequent residential use. The developer will also be expected to put in place any remedial measures that are considered necessary as a result of investigations.

H4/2 Land East of the Street, Little Totham

4.23 A site has been allocated east of The Street overlooking the green. . This site is larger than that identified in the previous Local Plan. The reason for the increase in size is to enable a village green area to be created in front of the new dwellings. The number of dwellings to be built must not exceed the number that could have been developed on the land identified in the previous Plan, when it was estimated that eight dwellings could be accommodated. Development of the site will be subject to a legal obligation including the following terms:

1. The land shown as REC1/2 on the Little Totham Proposals map will be drained, graded and seeded and will be conveyed to the District Council for the sum of �1 prior to the commencement of development, including a 10 space hard surface car park which will be constructed prior to such conveyance.

2. A 15 metre landscape buffer strip will be provided at the northern end of the recreation provision. The landscaping will be in accordance with a scheme to be approved by the Local Planning Authority and will be planted and carried out during the first planting season after the commencement of development and thereafter maintained in perpetuity.

3. Land within housing allocation H4/2 to be identified as a village green through the development control process shall be graded and landscaped and conveyed to Maldon District Council for the sum of �1.

H4/4 Land North of Chapel Road, Tolleshunt D'Arcy

4.24 A site has been allocated on land north of Chapel Road for frontage residential development. It is estimated that the site is suitable for about six dwellings. Development of the land will be subject to a legal obligation to be entered into by all interested parties with the District Council to include the following:

1. A landscape buffer strip of a minimum of 15 metres shall be planted on the northern boundary of the site in accordance with a scheme to be agreed by the Local Planning Authority.

Previously developed land

4.25 The definition of previously developed land is set out in para. 4.13. PPG 3 requires targets to be set in plans for the quantity of new housing to be provided on previously developed land. The Regional target is 60% by 2008. The RSP estimates that across the Plan area 50% of new housing will take place within existing development boundaries and on brownfield sites. The Local Plan is commitment based and therefore most of its housing provision stems from earlier planning policies requiring the development of green field sites. A 60% target for the District is not achievable.

Windfall sites

4.26 There will be a significant contribution to housing supply from small sites and large previously developed and intensified windfall sites both with and without permission. In particular there are a number of longer term opportunity sites within and adjoining Maldon Town Centre and on redundant sites within development boundaries. Such sites have location advantages particularly for affordable housing. Unless such sites are safeguarded by policy or allocation for other purposes there will be a presumption in favour of their redevelopment for residential use.

Housing Density

Government guidance

4.27 An important feature of policy for more efficient use of land is higher housing density. The more housing that can be provided within development boundaries, the less the future take of green field sites and erosion of the countryside. Government guidance encourages developments that make efficient use of land (not less than 30 dwellings per hectare (dph)[12.5 dwellings per acre (dpa)] and promotes higher densities (30-50 dph) [12.5-21 dpa]. Intensification and reduced car parking provision are two methods that can be used.

Past density

4.28 Maldon is a rural district. Half the population live outside the established large settlements of Maldon, Heybridge and Burnham-on-Crouch in rural villages or a scattering of settlements on small plot developments at densities less than 20 dph (8 dpa). The Government's objective to make best use of land by promoting development at increased density would seem to encourage the redevelopment of low density rural housing with high density urban style development. However, development patterns that increase overall housing numbers in rural areas would conflict with Structure Plan policies to avoid significant incremental expansion of housing in small towns and villages. Such proposals are also unlikely to be compatible with the existing character of the villages in the rural area.

Future density

4.29 By contrast to the rural area, the largest settlements, particularly Maldon, Heybridge and Burnham-on-Crouch are highly urbanised. Development has achieved a range of densities including some recent examples both around and over 50 dph [21 dpa]. Infill or higher density redevelopment may be appropriate in these areas. In such circumstances good design and layout of new development will be needed to achieve the objective of making the best use of urban land whilst improving the quality and attractiveness of the urban landscape.

4.30 The Council wishes to protect the District's environmental, cultural and historic characteristics. In particular, new housing development should aim to contribute to, and respect them, especially if a building has come to the end of its serviceable life. To avoid policy prohibiting development where a single dwelling may need to be replaced, policy allows a differentiation between replacing a single dwelling and other redevelopment. Design and layout must be informed by the wider context. The local pattern of dwellings, streets and spaces, building traditions, materials and ecology all help to determine the character and identity of new development.

4.31 The Council wishes to encourage development which:

• creates places and spaces with the needs of people in mind, which are attractive, have their own distinctive identity but respect and enhance local character;
• promotes designs and layouts which are safe and take account of public health, crime prevention and community safety considerations;
• focus on the quality of the places and living environments being created and give priority to the needs of pedestrians rather than the movement and parking of vehicles; and
• promotes the energy efficiency of new housing where possible

4.32 The Government wishes to promote higher density development in order to make the best use of land. New higher density development will be expected to pay particular attention to design and layout in order to avoid compromising the existing character of the surrounding area. In particular proposals to redevelop land at higher density must demonstrate that there would be no adverse impact on the existing character of the area and will be judged against policies in Chapter 6 Built Environment. Taking account of Policy BE1, the Council will not accept high density development that harms the existing character of the area where it is located

4.33 Within the larger settlements the ability to increase density to fall within the government's target range will depend on the scale and location of the site and nature of the surrounding development. More guidance on this will be drawn from the results of the Urban Capacity Study referred to above. The range set out in PPG 3 is adopted as a target. The built environment policies in this Plan provide guidance on design and transport policies refer to new car parking standards. Further guidance is provided by the Essex Design Guide, adopted by the District Council as Supplementary Planning Guidance in 1997.

Consideration of high density layouts

4.34 Housing developments seeking to maximise the use of land in accordance with the upper part of the range set out in PPG 3 utilising low-rise accommodation are likely to involve layouts having a high proportion of the site covered by buildings. New dwellings benefit from a provision in the Town and Country Planning (General Permitted Development) Order 1995, which enables them to be extended subject to size limitations. Utilising this provision on developments of this nature could give rise to amenity problems relating to over-development or overlooking. In these circumstances the District Council may wish to exercise their discretion and remove the occupiers right to extend the property without first seeking consent.

Conversion of dwellings and other buildings to flats

4.35 In recognition of declining household sizes the Council will consider sympathetically the conversion of dwellings to flats in appropriate locations. This will achieve a closer match between the available dwelling stock and housing needs. It will contribute, in a limited way, to increasing the supply of smaller, more affordable dwellings for single people and couples. Conversion of properties outside development boundaries will not be acceptable as it would be contrary to one of the Plan's basic aims of concentrating development in settlements in order to protect the countryside.

4.36 A coherent basis for considering conversion proposals is required as uncontrolled subdivision could lead to over development affecting the character of the area and the safety, convenience and amenity of existing residents. Generally any proposals will need to provide self-contained units of accommodation containing reasonable living spaces. The number of units proposed in relation to the size, facilities and layout of the premises will be closely examined.

4.37 Off-street parking facilities will be required in accordance with adopted car parking standards. A high standard of finish to the parking areas will be expected through the use of appropriate materials and surface treatments. The complete hard surfacing of front gardens will not normally be acceptable. Satisfactory screening will be required to protect the amenities of surrounding properties. The suitability of the point of access and its effect on highway safety will be taken into account.

4.38 The need to conserve the character, environment and amenities of established residential areas must be recognised. Over development, and poorly screened and cramped parking areas, likely to affect the amenity of neighbours, will not be acceptable. The external character of the building should be retained as far as possible. The property should normally have a single external entrance door to the front and have satisfactorily screened car parking and refuse storage areas. Careful attention should be paid to the design and siting of any external staircases.

4.39 Proposals must take into account potential noise transmission problems, both internally and with any adjoining property. Bedrooms should not be adjacent to below or above the living rooms of other units and proposals must make allowance for fitting of noise insulation if necessary.

4.40 The applicant will need to demonstrate how private amenity areas, particularly those fronting the highway, will be maintained and provide for a minimum of 25 Sq m per flat.

Conversion of upper floors to residential accommodation

4.41 Opportunities exist particularly in the town centres for the re-use of upper floors of shops and offices. This will make a valuable contribution to housing supply in sustainable locations and will reinforce the town centre focus advocated in town centre policies. Within these areas policies for private amenity space and car parking may be relaxed.

Modernising the housing stock

4.42 There is a continuous need to maintain, adapt and modernise existing dwellings and the local plan allows extension and modification of dwellings in appropriate circumstances. Where a dwelling has been rendered uninhabitable by for example fire, natural disaster or subsidence and is located within a development boundary its replacement will be allowed subject to built environment policies. Policies for these developments are set out in the Built Environment chapter.

4.43 Outside development boundaries the impact of proposals for extension, alteration or replacement on the landscape will need to be assessed. Policies for this type of development are set out in the Coast and Countryside chapter.

SPECIAL HOUSING NEEDS

4.44 PPG 3 and Circular 06/98 (Affordable Housing) set out the need to link housing strategy and planning policy for the delivery of affordable housing. The Council has undertaken a Housing Needs Survey which has identified a need for affordable housing in the District and has adopted a housing strategy which is reviewed annually. The Local Plan includes policies seeking to maximise the provision of affordable housing through the planning system as part of the District Council's response to the identified need.

Links with other Council Strategies

4.45 The Maldon District Housing Strategy details the actions the Council intends to undertake to fulfil its role as the Housing Authority. These affordable housing policies form one part of this Strategy.

4.46 Local Plan l employment allocations and policies and the Economic Development Strategy can affect the demand for affordable housing. Helping the local economy to improve enables more people to afford their own home, thereby reducing the demand for social housing.

4.47 The importance of good housing as a factor in promoting good health, both physical and mental is well recognised. Therefore, the effectiveness of the Housing Strategy has implications for the Health Improvement Programme, whilst providing safe and secure homes helps to implement elements of the Community Safety Strategy.

Affordable housing

4.48 The District Council adopted Supplementary Planning Guidance on Affordable Housing in April 2001. This is available as a background paper to the Local Plan.

Definition of affordable housing

4.49 Affordable housing comprises both low-cost market and subsidised housing (irrespective of tenure, ownership or financial arrangements) that will be available to people who cannot afford to rent or buy houses generally available on the open market2. For the purposes of Policies H9 and H10 in this part of the plan, affordable housing is defined as that meeting the needs of households where:

1. their gross income is less than one third of their mortgage requirement or
2. where renting privately, on the open market, would take up more than 25% of their net income.

4.50 In the context of local incomes and local market house prices and rents, the type of affordable housing most needed in Maldon District is social rented, supplemented by a small number of shared-ownership homes provided by Registered Social Landlords (RSL). The majority of those in housing need can only afford social rented housing provided by RSLs3. A small percentage of people in housing need could afford social shared-ownership, where the ownership of the dwelling is split in perpetuity between the RSL and the occupier. Low cost market and low cost discounted housing can play only a minor role in meeting the need for affordable housing in Maldon District.

Housing need

4.51 The Maldon District Housing Needs Survey (HNS) 1999 has identified a substantial housing need in the District (1577 households in 1999). It forecasts that housing need will grow by a further 1911 households by 2006. In total an estimated 3488 households may be in housing need between 1999-2006. Housing management solutions to housing need could solve almost half the estimated need, by providing 1631 affordable dwellings. Therefore around 1857 new affordable dwellings could be required to meet the forecast need in full.

4.52 A good mix of sizes and types of dwellings is required3. The need is predominantly for smaller dwellings and family homes: one, two and three bedroom properties.

Housing land for new affordable housing

4.53 The housing provision in the period up to 2011 is commitment based. In the last Plan period large greenfield releases included planning obligations to provide affordable housing. There is not that opportunity in this Plan. However there will be a number of regeneration sites (previously developed land) and windfall sites coming forward in the Plan period within development boundaries and the contribution the Local Plan can make to meeting the District's housing need on windfall sites should be optimised.

Re-using existing buildings

4.54 Better management of the existing affordable housing stock can meet a significant proportion of the District's housing need. In addition, the District Council is currently developing an Empty Homes Initiative, which aims to identify empty homes and bring them back into use. The Council has also considered to what extent the re-use of existing buildings can help meet the need for affordable housing. In the District there are few large dwellings suitable for converting into smaller units. The Local Plan supports the conversion of vacant upper floors over shops into flats (policy H8). This policy has had limited impact and some town centre flats are now being taken back into commercial use. The District does not have a large stock of offices or commercial buildings and few of these would be suitable for conversion to residential uses. However, to support the local economy it is important that this resource is not depleted. Therefore, the scope for converting existing buildings into smaller residential units is limited.

Delivering affordable housing

4.55 The District Council can set the site size threshold for housing development sites at which point affordable housing is required as part of the development. Similarly, it can set a target for the proportion of affordable housing on any site meeting the threshold.4

Site size thresholds

4.56 There is substantial and growing need for affordable housing in Maldon District. The majority of identified residential development sites have already been accounted for in the planning system. There are no greenfield housing sites allocated in the Plan and a limited number of large brownfield sites suitable for residential use will come forward. There are no large sites coming forward in the villages. Taking into account local circumstances and housing need, the national site size threshold at which affordable housing will be required as part of the development is lowered in accordance with the provisions of Circular 6/98.

1. In settlements with more than 3000 population the threshold is:
   • housing developments of 15 or more dwellings, or
   • residential sites of 0.5 hectare or more.
2. For smaller settlements of 3000 or less population the threshold is:
   • housing developments of 12 or more dwellings, or
   • residential sites of 0.4ha or more.

Affordable housing targets

4.57 The target for affordable housing to be provided on sites meeting these thresholds is 30% of the total number of units on the site, preferably consisting of 28% social rented and 2% social shared-ownership housing. This takes account of the existing and predicted number of households in housing need, the limited supply of available land and the recommendations of the Maldon District Housing Needs Survey (1999). The Council will negotiate for this figure on appropriate sites (H9).

4.58 On sites meeting the threshold criteria, the developer will need to demonstrate that the requirement for affordable housing has been adequately met before planning permission is granted:

1. The affordable housing must remain available in perpetuity for people on low incomes;

2. The affordable housing should be provided by a Registered Social Landlord (registered with the Housing Corporation). Only in extreme circumstances, where the provision of the affordable housing is jeopardised, would the Council withhold its approval;

3. The proposal must be financially viable for the RSL to implement and provide rents, shared ownership or ownership options at affordable levels in perpetuity;

4. The affordable housing must meet the priority housing needs in the District at the time of the development;

5. The affordable housing scheme should generally be provided on-site rather than on another site in the District;

6. The land for the affordable housing is to be provided with all the necessary service and drainage connections to enable the scheme to be constructed.

4.59 The Council will wish to negotiate planning obligations under Section 106 of the Town and Country Planning Act 1990 with house builders. These will detail the mechanisms for providing affordable housing and for ensuring such housing remains available in perpetuity to the lower income groups in the housing market. The Council does not wish to prescribe how the affordable housing is to be brought forward at this stage, it is a matter for negotiation on each individual site. However, sale of land to RSLs at values that may compromise the delivery of the target 30% affordable housing would not fulfil the affordable housing requirement on the site.

Rural needs housing

4.60 Annex B of Planning Policy Guidance Note 3 "Housing" (March 2000) sets out the Government's policy on rural local housing need. Sites that would not normally be released for housing development can be released for affordable housing as an exception to normal policies, if the District Council is satisfied that there is a need for such housing, and that arrangements will be made to reserve it for local needs. Such proposals could include Housing Association or Village Trust schemes for rent or for shared-ownership.

4.61 Sites coming forward under this policy are exceptions to the Local Plan housing strategy. Houses on exception sites are additional to those required to meet the general market housing provision as set out in this Plan. General market housing used to cross-subsidise affordable housing on the same site is inappropriate on exception sites. Planning permissions granted for exception site housing do not set a precedent for other housing proposals in the rural area. The exceptions policy (H10) does not apply to the larger settlements of Burnham-on-Crouch, Heybridge or Maldon.

4.62 In assessing proposals for the provision of local needs housing, the District Council will have regard to the Housing Needs Register, Housing Needs Survey (1999) and the views of the local Parish Council. Developers or other providers will be expected to substantiate the local housing need including, if required by the District Council, the carrying out of household surveys.

4.63 Definition of 'local need' would include the following categories:

1. First time buyers, who have established local connections;
2. Dependants of local households;
3. Retired or disabled people who live and/or worked locally;
4. Households living in the locality in substandard accommodation;
5. Households not having separate accommodation but living in the locality;
6. Persons or households on the Local Authority's housing waiting list and living in the locality.
7. people with supported housing needs

4.64 All persons involved should have personal connections within the particular settlement concerned, or within those Parishes immediately adjoining.

4.65 The Housing Needs Survey 2003 concluded that the most effective means to secure affordable housing" in perpetuity is by way of planning obligations. There are many similarities between affordable housing and meeting "local needs. Therefore before any development is permitted the scheme developers must conclude a Section 106 obligation with the Council. This will prescribe the means of providing the affordable housing and for ensuring such housing meets the needs of local people when first completed and for the foreseeable future and remains available in perpetuity for those on low incomes.

Special Family Needs

4.66 Special family needs such as the accommodation of an elderly infirm relative or relatives, occasionally require the provision of additional facilities through the alteration or extension of existing dwellings or installation of temporary accommodation. The need to provide facilities to provide care within the family has become increasingly important as life expectancy becomes longer and government social policies place greater emphasis on care in the community. Any application that is submitted for this type of accommodation must be accompanied by evidence confirming the necessity for the proposal.

4.67 This provision will be considered favourably provided it does not impinge on the long-term aim of the Authority to restrict residential growth in the countryside and the provision does not affect the amenities of the area in which it is situated. Extensions of this nature will need to have regard to the policies in the Built Environment and Coast and Countryside chapters.

4.68 In order to ensure that permissions for further accommodation for relatives do not have a cumulative affect on the overall growth of residential accommodation in the countryside careful consideration will be given to the internal layout of any extension to ensure:

1. The accommodation is the minimum required to satisfy functional needs of the prospective occupier/occupiers;
2. The proposed accommodation can be satisfactorily used as part of the accommodation to the existing dwelling house;
3. There is a common main entrance to both the existing house and the proposed new accommodation;
4. The extended property does not result in over-development of the curtilage.

4.69 Where the applicants have sufficient room to locate some form of temporary accommodation within the curtilage of the dwelling, size of the accommodation may not be a factor in determining whether permission would be forthcoming. In proposals involving the provision of temporary accommodation it will be necessary to ensure:

1. The temporary accommodation is capable of removal, and there is an undertaking that it is removed following the cessation of the need;
2. The provision of this form of accommodation does not harm the visual amenities of the area or the amenities of occupiers of neighbouring property.

Residential Care Establishments

4.70 Since the mid 1980s there has been a marked growth in the numbers of residential care homes for the elderly. This nationwide trend reflects the increasing numbers of old people, their rising affluence and changes in the way they are cared for.

4.71 Under the Registered Homes Act 1984, such homes have to be registered with the Social Services Department of the County Council. Social Services, Building Control Officers and the Fire Services lay down stringent requirements relating to the buildings used, the facilities provided and the management and operation of the home. Residential care establishments or rest homes differ from nursing homes largely in the degree of professional nursing care involved; nursing homes are registered with the Health Authority.

4.72 The most appropriate locations for such a use are considered to be large detached properties, set in grounds in a residential area and with reasonably good access to public transport and local facilities. The latter consideration will mean that proposals for conversion of properties situated outside development boundaries will not normally be acceptable. Adequate private open space will need to be provided for residents within the site as well as on-site car parking to the required standard. Backland sites will also normally be unacceptable given problems of traffic noise and disturbance, overlooking and problems of privacy and the poor outlook for prospective residents.

4.73 Applications to extend residential care establishments will be considered in terms of the space available, the effect on adjoining properties, space requirements for parking and private amenity, any loss of trees or significant change to the setting and character of the area and, of course, the design of the proposed extension. Similar considerations will apply to any 'new build' proposals; they will also need to conform to the Council's broader planning and housing policies. A site unacceptable for housing development will generally be regarded as unacceptable for a new residential home. The following policy has been introduced to provide guidance for considering proposals for residential care establishments. However, with the exception of consideration (c) below, the policy is equally relevant to proposals for nursing homes.

Mobile homes and houseboats

Houseboats

4.74 The overall strategy of the Local Plan is to restrict new residential development outside development boundaries. Houseboats in permanent occupation are a form of residential development and require the same land based infrastructure as traditional permanent housing. For example they would require the construction of car parks, access roads, refuse disposal points, toilets etc. As the Blackwater and Crouch Rivers and most of the Chelmer and Blackwater Navigation are outside the development boundaries, new sites for stationing houseboats would not conform to the Local Plan settlement strategy.

4.75 The coast forms part of the Essex Estuaries European Marine Site, the wildlife interest of which is particularly sensitive to disturbance. Any use or development that may adversely affect the nature conservation value of the estuaries cannot be permitted. The stationing of houseboats increases both disturbance levels throughout the year and the risk of pollution occurring in the coastal area. Therefore the Council does not wish to see houseboats stationed within nationally or internationally designated nature conservation sites in the District.

4.76 The existing locations of many houseboats are also within Conservation Areas. It is the Council's view that the stationing of further houseboats in Conservation Areas is a form of development that detracts from the Area's appearance and quality, contrary to the aims of Conservation Area designation and policies.

4.77 Small groups of houseboats are stationed on the River Blackwater and the River Crouch within development boundaries. All of these houseboats are stationed without the benefit of planning permission although some have existing use rights preventing the Authority from removing them. The use of the rivers for residential purposes competes with other maritime uses, which have a greater need to be located on or adjacent to the rivers. The Council takes the view that this finite resource is better used to exploit the industrial heritage of the river and inherent tourist interest than for it to develop as a residential area.

Mobile Homes

4.78 Under section 29 of the Caravan Sites and Control of Development Act 1960, a mobile home is defined as "any structure designed or adapted for human habitation which is capable of being moved from one place to another." The siting of mobile homes outside the development boundaries is contrary to the Plan's settlement strategy of focussing new residential development within defined settlements. Policy M/CC/15 allows for the siting of temporary accommodation for agricultural workers, policy M/H/16 relates to proposals for gypsy caravan sites and policy M/REC/23 relates to the siting of static and touring caravan sites, chalet sites and camping sites. Other policies in the Plan allow for mobile homes or other forms of temporary or non-permanently occupied accommodation. There is sometimes a need for a mobile home to be sited to provide temporary housing whilst a permanent replacement dwelling is built and any proposal can be dealt with on its merits taking account of the permanent permission. There are no other circumstances in which it is considered that the siting or permanent occupation of mobile homes would be acceptable outside the development boundaries.

Mobile homes in permanent occupation

4.79 Where they exist, mobile homes in permanent occupation are part of the District's housing resource. The Maldon District Housing Needs Survey identifies a need for affordable housing in the District and mobile homes make a small contribution to the range of low cost, affordable housing in the rural area. They tend to be smaller than permanent houses and less obtrusive in the countryside. In view of this, the replacement of a mobiles home with a permanent dwelling would only be acceptable if it is carefully assimilated within the landscape, does not increase visual impact and is replaced with an affordable housing unit.

Gypsy Sites

4.80 Public consultation on "Supplementary Planning Guidance: Gypsy Sites" was undertaken in 1999. Following detailed consideration of the representations received, the Supplementary Planning Guidance: Gypsy Sites was adopted by the Council in 1999.

Definition of Gypsies

4.81 For the purposes of development control, Gypsies are defined as persons "of nomadic habit of life, whatever their race or origin" (section 24(8) Caravan Sites and Control of Development Act 1960). That is, people who wander or travel for the purpose of making or seeking their livelihood, and does not include persons who move from place to place without any connection between their movement and their means of livelihood (DoE Circular 18/94 Gypsy Sites Policy and Unauthorised Camping).

The types of Gypsy site

4.82 There are three types of Gypsy caravan sites:

• Residential caravan sites allow for the settled occupation of Gypsies in between periods of travelling. Residential sites require a high level of services in order to provide an adequate quality of life for the occupiers.

• Short Term Stopping Places cater for Gypsies who are visiting an area on a temporary basis. As sites for short term use, these require much lower levels of utilities and services. As a minimum these should include convenient water supplies and sewage disposal facilities.

• Transit sites are for stays of one or two days duration for Gypsies on the way to other destinations and might only provide an area of hardstanding.

The need for provision.

4.83 Under the Caravan Sites Act 1968 County Councils had a duty to provide adequate accommodation, in the form of caravan sites, for the Gypsies resorting to or residing in their areas. The Criminal Justice and Public Order Act 1994 removed this obligation. However, Local Authorities continue to have discretionary powers to provide such sites under the Caravan Sites and Control of Development Act 1960. They also have a continuing role as planning authorities in relation to the development of both public and private sites.

4.84 Circular 1/94 "Gypsy Sites and Planning" provides guidance on the provision of Gypsy sites, requiring local authorities to assess the need for Gypsy accommodation and make suitable locational and/or criteria based policies in development plans against which to judge planning applications. The Structure Plan Policy requires Local Plans to make provision for sites where appropriate.

The Code for Travellers in Essex

4.85 After the Criminal Justice and Public Order Act 1994 came into force, Essex County Council drew up the Code for Travellers in Essex as a means of resolving the conflicts between the Act and the traditional Gypsy way of life. The Code was subsequently adopted by the District and Borough Councils in Essex. It provides for the temporary toleration of small unauthorised Gypsy encampments for up to 28 days subject to the Gypsies complying with the conditions of the Code. The Essex Code has proved effective in controlling the numbers of unauthorised encampments, but will not in itself resolve the issue of providing suitable authorised sites. The Code will be reviewed regularly.

Current provision of residential Gypsy caravan sites

4.86 Local Authority run caravan sites have been provided at Wood Corner, Old London Road, Woodham Walter (20 pitches) and Brick House Road, Tolleshunt Major (6 pitches). Private residential sites within the District provide 11 pitches for 12 caravans (as at June 1998).

4.87 The Department for Transport, Local Government and Regions twice yearly publish figures of authorised local authority and private sites and unauthorised caravan sites. The three most recent counts identified an average of three unauthorised caravans in Maldon District. In conjunction with Essex County Council, Maldon District Council will continue to monitor the numbers of Gypsies in the District.

The provision of new residential sites for Gypsies

4.88 It is the view of the District Council that the current provision is adequate in both numbers and location. It reflects traditional patterns of movement by Gypsies into the District. The District Council is concerned that a narrow interpretation of the Government guidance on the provision of Gypsy sites (DoE Circular 1/94) will create an inexhaustible demand for public or private residential caravan sites.

4.89 Therefore the District Council will assess the level of need for additional sites with reference to the records of trends, the number of Gypsy caravans in the District, the geographical distribution of caravans, the current capacity of authorised local authority or private residential sites and the number of unauthorised encampments in the District. The fact that an applicant may choose to occupy an unauthorised site is not in itself sufficient grounds to demonstrate the need for an additional authorised site. The Council will not normally grant planning permission for additional private sites if there is available capacity within the current stock of authorised private sites.

4.90 Where proposals are made for new residential sites, these would be expected to provide an acceptable living environment, including the provision of main services. The Council will take into account the criteria in Circular 1/94 (Annexe B) which contains an illustrative list of residential site characteristics.

4.91 A site licence for a private caravan site enables the operator to implement the development required by the conditions of the site licence. This is under the provisions of Part 5 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. As the majority of the sites are likely to be in a rural area it is felt that the policy should ensure that there is a requirement to submit details of the design of any associated building(s) with the planning application to station the caravan. In addition, any permission granted would include conditions withdrawing the right to construct any further buildings without first obtaining the consent of the Authority.

4.92 In order to allow for the assessment of the impacts of any Gypsy site proposal on the local area and of any changes in circumstances, the planning permission if granted may be for a temporary period in the first instance. DoE Circular 1/94, paragraph 24 states that the circumstances where the granting of a temporary permission would be appropriate are:

(a) if the applicants propose to use the site for only a limited amount of time, or(b) if the land is to be redeveloped on some occasion in the future.

4.93 The granting of permission may be made personal to the applicant.

Provision of Short Term Stopping Places (STSPs)

4.94 Short Term Stopping Places (STSPs) would be used by Gypsies resorting to the District on a temporary basis, for example for seasonal work or for family reasons. The length of stay at these sites will be limited to a maximum of 28 days per family unit, as specified in the Code for Travellers in Essex.

4.95 Although individual occupants of STSPs will be time limited it must be acknowledged that these sites are likely to be in permanent use. The location of sites need to be accessible to the principal road network and must be suitable for continuous use with permanent features such as safe road access, landscaping, water supply and sewage disposal and regular domestic refuse collection. These sites should have a hard-surfaced entrance or access road providing a hardstanding for caravans and vehicles.

4.96 It has been accepted that the sites are most likely to be managed by the County Council and the search for sites has been based on land owned by the District and County Councils. Provision by a private applicant has not been ruled out. It will be the responsibility of the relevant local authority or applicant to ensure that the site is managed and maintained to a satisfactory standard and is utilised by bona fide Gypsies. Provision would need to be made to meet all the clean up and site maintenance costs.

4.97 The RSP sets out planning policy for short term stopping places and requires Local Plans to make site specific provision where possible. In adopting its Supplementary Planning Guidance on Gypsy Sites, The District Council resolved to review the need for site specific provision.

4.98 There is no adopted strategy across Essex Authorities for making provision for STSPs. However the District needs to be seen in the wider context of adjoining Districts. Most Gypsies requiring short term stopping places in Maldon District are visiting other families rather than in transit on the main County highway routes reflecting the District's peninsula geography. For the most part, the policy of toleration under the Travellers' Code for Essex caters for these occasions. In response to consultation on the draft SPG it was the County Council's view that a criteria based policy would be an appropriate response to the level of activity observed, without the inherent danger of a "honeypot affect" and the creation of unsustainable trips into this District.

4.99 Past counts of unauthorised encampments have indicated that on average there may be three at any one time in the District. There are however annual fluctuations with as few as seven encampments recorded in 2000. The number of caravans on each encampment also varies but is rarely less than two. This would indicate that to be effective sites should have the capacity for at least two units.

4.100 The availability of sites in local authority ownership, at appropriate locations and of adequate size has been reviewed but none meet the criteria. The combination of uncertainty about the level of demand, lack of a clear strategy and lack of appropriate sites has led to the conclusion that a criteria based policy should be included in the Replacement Plan. This will enable the District and County Councils to work towards provision of a site if justified by demand and when resources are available.

Transit sites

4.101 Transit sites (that is sites for overnight stays for Gypsies travelling from one area to another) will not be provided in Maldon District due to its location on the far eastern periphery of Essex, and remoteness from the main trunk routes through the region.

Other considerations

4.102 Where Gypsies or local authorities wish to purchase land for the siting of caravans, Maldon District Council will encourage early discussions regarding the suitability of the site in planning terms for this type of development. Pre-purchase discussions are strongly advised. In cases where planning permission is granted for a Gypsy site, the Council will wish to apply standards to that site just as it does to new housing sites.