Regulation 19 Public Consultation
Epsom & Ewell Borough Councils Proposed Submission Local Plan (Regulation 19) consultation is running until until Wednesday 5 February 2025 so there is still time for you to submit your comments here . The plan and all the comments received will be submitted to the government for examination in March 2025.
The Regulation 19 consultation is the final opportunity to tell Epsom & Ewell Borough Council, and a government appointed planning inspector, whether the plan is legally compliant and sound, based on criteria set out in the National Planning Policy Framework.
WERS has taken this opportunity to comment on the plan and highlight particular concerns that we feel have not been adequately addressed.
What has been the response to our representations submitted on the earlier Draft (Regulation 18) Local Plan?
Residential Amenity and Character Concerns.
WERS objected to the proposed Policy DM1 ‘Residential Standards’ on the basis that we were concerned over the decrease in the minimum requirements from the existing 70 sq m of private garden space for houses of 3 bedroom or 40 sq m for 2 bedroom dwellings for private garden space to 20 sq m regardless of size. With increased emphasis on homeworking and the probability of future Covid style epidemics there needs to be designed into new residential environments sufficient outdoor space to meet the needs of its occupiers. Gardens as small as 20 sq m are unlikely in many cases to be functional, especially for families with children, and to provide opportunities for bio-diversity, solar shading and so on.
Regulation 19 response
The Reg 19 Plan goes even further by not having any minimum external amenity space standards. This is justified in the consultation response document with the words ’Whilst the minimum private garden space figure has been removed, a new requirement for a separation distance of 20 metres have been included within Policy S12 ‘ Amenity Protection’. Where the market will allow, garden space can be higher. However, reducing garden space provides the flexibility to allow higher density.’ It should be noted that the reference to the 20m separation distance is not in the policy wording, only the explanatory text and only refers to an ‘expectation’ and that it only refers to situations where there are facing elevations rear to rear.
Built Environment and Design
WERS also expressed concern that the Reg 18 Draft Local Plan had inadequate policy guidance on what high quality design should comprise. Whilst more detailed design guidance can be provided in design briefs and design codes for particular redevelopment sites and areas we considered it important that there should be at the very least a height guidance policy within the Local Plan as this aspect of the development is often the most controversial and it would assist applicants to have as much certainty as possible about what is likely to be acceptable.
Regulation 19 Response
The Reg 19 Plan fails to make any significant changes to the design policy approach. The officer response in the consultation response document states; ‘the policy includes flexibility within it… provisions are made available to include design codes in the future.’ It should be noted that the Reg 19 Design Policy S11 is much more simplistic than the Reg 18 version with no design parameters at all.
Local Open Space
WERS considered it important that the Reg 18 Draft Local Plan should protect those green areas of particular importance to local communities and advocated the designation of Local Green Spaces as defined in the NPPF following local consultation being undertaken.
Regulation 19 Response
The Reg 19 Plan has identified some areas as Local Green Space but these are difficult to identify on the Proposals Map and have not been subject to any public consultation.
Our detailed response can be found here. You will see that we have limited our comments to four sections of the latest version of the plan all which we accept are legally compliant but not sound.
Good News and maybe future Bad News – Update from our Chair – December 2024
First, some welcome good news before Christmas.
Epsom & Ewell Borough Council at a meeting on 10 December approved the Proposed Submission Local Plan (2022-2040) which will be available for public consultation from 20 December 2024 to 5 February 2024.
It can be found here together with guidance on how to respond.
This is known as the Regulation 19 Consultation is the final opportunity for residents, visitors and local businesses to feedback on the plan and comment on whether it is legally compliant and sound in accordance with the National Planning Policy Framework.
Commenting after the meeting, Councillor Peter O’Donovan, Chair of the Licensing and Planning Policy, said “The Proposed Submission Local Plan provides a vision for our borough that strikes a balance between providing much needed homes including affordable housing, infrastructure, and support for local businesses whilst ensuring enhanced protection for biodiversity and our borough’s green spaces, and protecting the valuable local heritage and character of our borough’s towns and villages. It is challenging to find a path that meets the many different needs of all our communities, and not everyone may agree with every aspect of this plan. However, having listened to all the feedback, and examined the comprehensive evidence base, we feel strongly that this plan ensures that everyone in our borough, both now and in the future, is given the chance to thrive in Epsom & Ewell.”
Many of you will be aware of the campaign led by the Epsom Green Belt Group not to release any Green Belt land for housebuilding. Frankly this campaign group’s case was never tenable in the face of the new Government’s resolve to increase local house building targets and make these mandatory.
The Plan proposes 4,700 additional homes over the Local Plan period 2022-2040 including the strategic release of four green belt sites within the Horton area to provide 2,175 new homes. This should be compared to the Government’s target against which this will be judged of 10,242 dwellings over the same period. Recent experience from Elmbridge Borough Council demonstrates the risks of preparing a Local Plan being based on a brownfield only approach to housing delivery resulting in a significant shortfall of housing. The Elmbridge Plan was required to be withdrawn by the Government appointed Planning Inspector in order that a number of Green Belt sites could be incorporated to help address the shortfall.
The Residents Association-led Council has taken a sensible, pragmatic decision to designate some Green Belt sites in the Horton area of the Borough for residential development on the basis that this will reduce the risk of the Epsom and Ewell Local Plan being found unsound by the Government Inspector. It also reduces the need for even higher density and high-rise development in and around Epsom town centre and elsewhere to make up the housing numbers. Nobody wants this Borough to lose its market town character and end up looking like Sutton or Croydon.
An up-to-date Local Plan should help protect Epsom and Ewell Borough from ad hoc and inappropriate development and ensure responsibility for future planning decisions remains with the borough and its communities. It provides a framework for where in the borough new development should go and where should be protected. Importantly, it will also help to tackle the housing crisis and deliver more homes that are deemed ‘affordable’ for our children and grand-children.
Meanwhile one aspect of the plan that WERS would be grateful for local residents views on is whether there any local green spaces areas that you particularly cherish and would wish to see protected through ‘Local Green Space’ designation? These spaces need to be:
a) in reasonably close proximity to the community it serves;
b) demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife;
c) local in character and is not an extensive tract of land.
WERS is keen to identify any more such areas in addition to the 2 already proposed for Woodcote & Langley Vale ward (Millennium Green, Woodcote Green Road and Abelea Green) in order that they also may be included in the Local Plan. Local Green Space is afforded the same protection as Green Belt and should thereby prevent unwelcome development.
The potentially bad news is that the Government has recently published a revised National Planning Policy Framework which increases this Borough’s housing target from 10,242 dwellings to 16,002 dwellings for the period 2022-2040. This increased level of housebuilding will be expected to be incorporated in a future Local Plan for the Borough. The consequences of this and other Government announcements on possible Local Government re-organisation will be the subject of future bulletins.
