FLOOD RISK STATEMENT IN SUPPORT OF THE CONNECTING HERNE BAY AREA ACTION PLAN PREFERRED OPTIONS DOCUMENT Canterbury City Council January 2008
1 APPLICATION OF THE PPS25 SEQUENTIAL AND EXCEPTION TESTS 1.0 INTRODUCTION 1.1 This statement has been produced on the advice of the Environment Agency in advance of the full Strategic Flood Risk Assessment (SFRA) being completed. This document applies the sequential and exception tests in line with Planning Policy Statement 25: Development and Flood Risk (PPS25) and is a supporting document to the Herne Bay Area Action Plan Preferred Options. 2.0 POLICY BACKGROUND 2.1 The regeneration of Herne Bay and other similar seaside towns in East Kent has been cited in a number of planning policy documents at the regional, county and local level. Regional Planning Guidance 9 (RPG9) (2001) 2.2 RPG 9 identifies the former coalfield and the coastal towns of East Kent as a Priority Area for Economic Regeneration (PAER) this includes Herne Bay. Paragraph 4.16 sets out the criteria for the designation which include above average unemployment rates, high levels of social deprivation, low skill levels, dependence on declining industries, derelict urban fabric, peripherality and insularity. These areas need tailored regeneration strategies backed up by appropriate resources to address their problems and maximise their contribution to the social and economic well-being of the region. Policy RE7 of RPG9 sets out the regeneration and renewal criteria for supporting economic regeneration and renewal in PAERs. Draft South East Plan March 2006 2.3 The South East Plan, when adopted, will replace RPG9. It is recognised in the draft South East Plan that all the coastal areas require greater economic diversity. Paragraph 2.16 refers to the link between urban renaissance of the coastal towns and quality of life for all who live there. It states that deprivation and exclusion must be tackled and that improved education, skills and housing are essential to the renaissance, which will build on the particular potential of each area. 2.4 Paragraph 2.18 states that the small historic coastal towns including Herne Bay, have a strong urban character and are attractive locations that need more local employment. However this will not be achieved unless public transport links and local services are maintained and improved. 2.5 Finally, Policy EKA4 seeks to encourage new economic impetus in the coastal towns with a particular focus on Herne Bay to develop a stronger local service function and mixed employment uses of a scale and character suitable to its size.
2 Kent and Medway Structure Plan 2006 2.6 The Structure Plan develops the strategy set out in RPG9 with policy CA1 which seeks to enhance and diversify the coastal economy of Herne Bay and Whitstable. Priority is attached to regenerating the coastal towns with a need for a ready supply and choice of employment land, both for local firms and for inward investment. Canterbury District Local Plan 2006 2.7 The Local Plan applies the regional and county theme of regeneration of the coastal towns at the local level. 2.8 Paragraphs 3.27 and 3.28 sets out the PAER strategy which seeks to coordinate projects and policies to address economic regeneration. The Local Plan and the Area Action Plan respond to this by identifying sites for employment and projects for enhancement within the town. 2.9 The City Council s objectives for [the City and] the coastal towns is to sustain and enhance their vitality and viability by providing a focus for investment to enable urban renaissance; and to ensure a wide range and choice of homes, shops, businesses, services, leisure activities, tourism, cultural and heritage initiatives and other facilities to which people have easy access by a range of transport. Paragraph 4.2 states that the key to urban renaissance is to improve the overall quality of life. This is underpinned by the quality of the physical environment, social well-being and economic and environmental improvements. Paragraph 4.11 sets out that a strong town centre provides an opportunity for a full range of uses and development to be implemented thereby ensuring vitality and viability. Policy TC1 seeks to grant permission for developments that add to the vitality and viability of the town centre. 2.10 Paragraph 4.77 states that the historic character combined with a strong community provides the basis upon which the town can undergo further regeneration and renaissance. Paragraphs 4.78-4.80 set out the recent problems experienced by Herne Bay such as weak and inconsistent investment in the business and leisure sectors, but the City Council is seeking to address this by positively encouraging further investment into these sectors. This should help to diversify and boost the economy and provide more employment opportunities, in particular. It is expected that there will be associated spin offs from the housing, employment and leisure allocations of the plan, which will enable further urban renaissance. The town centre also provides the opportunity for further investment, and a greater intensity of development at the right quality to make the most efficient use of existing land. 2.11 The local plan identifies the Herne Bay ward of Heron for renewal. Policy TC16 seeks to grant planning permission for new development in targeted neighbourhoods that will contribute to meeting identified local need and the objectives identified through local partnerships and the Community Plan. Policies TC 20 and TC21 seek to encourage the provision of leisure and tourism facilities on certain sites in and around Herne Bay.
3 3.0 WORK TO DATE 3.1 The City Council is progressing an Area Action Plan for the town centre. Work to date includes Connecting Herne Bay: Issues and Opportunities 2005 which highlighted the problems of Herne Bay and possible solutions. This subsequently led to the Connecting Herne Bay Options Document in 2006 which presented 4 main options no change in policy, minor change, significant change and major change. Analysis of the public consultation responses indicated that that most support was for significant to major change although some elements proposed for major change were not supported. 3.2 The main theme of comments received focused on the regeneration in the town centre seeking to enhance the built and economic fabric of the town centre and improve the retail core. 4.0 FLOOD RISK 4.1 The Environment Agency s flood risk mapping indicates that a large part of the town centre from Dolphin Street to William Street north of High Street and between Station Road and Beach Street south of High Street is within Zones 2 and 3a at risk from flooding. The vast majority is within Zone 3a at risk of sea flooding. This area covers a number of the potential development sites, particularly housing, that are identified in both the District Local Plan and the Herne Bay Area Action Plan (HBAAP). 4.2 Flood Zone 2 Medium Probability definition: This zone comprises land assessed as having between a 1 in 100 and 1 in a 1000 annual probability of river flooding (1%- 0.1%) or between a 1 in 200 and 1 in a 1000 annual probability of sea flooding (0.5% - 0.1%) in any year. 4.3 Flood Zone 3a High Probability definition: This zone comprises land assessed as having between a 1 in 100 or greater annual probability of river flooding (>1% or a 1 in 200 or greater annual probability of flooding from the sea (>0.5%) in any year. 4.4 PPS25 states that local planning authorities will need to carry out a Strategic Flood Risk Assessment (SFRA) to inform their preferred locations for development under the Local Development Framework (LDF) system. The City Council has begun this work, however, given the timescale for the HBAAP, this will be completed after the consultation on the preferred options in January 2008. The results of this assessment will be incorporated into the submission document. It is also noted that over 50% of the housing sites already identified and approved in the Local Plan for Herne Bay are within Flood Zone 3. 4.5 The situation with respect to assessing flood risk at Herne Bay is already well advanced. As part of the overall LDF process the Council is currently carrying out a SFRA to inform the planning process and guide the district-wide Sequential Test. This should be completed by April 2008. In parallel with this, at the two locations where there is a need for significant development within flood zones - Whitstable and Herne Bay, the Council is carrying out a Level 2 SFRA together with seawall breach modelling. These should be completed by early February 2008 and will give very accurate information that will form the
4 basis of the detailed site specific FRAs in Herne Bay. The breach modelling will also assist with the final assessment of floor levels for living accommodation. All this information will be available before the redevelopment sites move to the detailed planning consent stage and will provide guidance for the final decisions. 4.6 All the basic information needed for flood risk assessment purposes has been compiled for Herne Bay and is summarised under the heading of Exception Test Flood Risk Assessment which is a separate document as indicated later in this report. 5.0 PLANNING POLICY STATEMENT 25 DEVELOPMENT & FLOOD RISK 5.1 Where development falls within Zones 2 and 3, paragraph 16 of PPS25 states that local planning authorities allocating land in local Development Documents (LDDs) for development should apply the Sequential Test to demonstrate that there are no reasonably available sites in areas with a lower probability of flooding that would be appropriate to the type of development or land use proposed. 5.2 In areas at risk from river or sea flooding, preference should be given to locating new development in Flood Zone 1. If there is no reasonably available site in Flood Zone 1, the flood vulnerability of the proposed development can be taken into account in locating development in Flood Zone 2 and then Flood Zone 3. Within each flood zone new development should be directed to sites at the lowest probability of flooding from all sources. 5.3 If following the Sequential Test relocation of the development in other areas away from flood risk is not possible taking into account sustainability objectives, the Exception Test should be applied. This test provides a method of managing the flood risk while still allowing necessary development to occur. 5.4 PPS25 adds that the Exception Test is only appropriate where there are large areas in Flood Zones 2 & 3, where the Sequential Test cannot alone deliver acceptable sites, but where some continuing development is necessary for wider sustainable development reasons such as the efficient and effective use of land (PPS3). This is the case in the central part of Herne Bay as set out later in this report. 5.5 There is recognition in PPS25 that where the Exception Test will need to be used it should be undertaken at the earliest stage possible in the planning process. This should be for all LDD allocations for development and all planning applications. All the three elements of the Exception Test have to be passed for development to be permitted. 5.6 It is therefore now the correct time to apply the Exception Test to the preferred option stage of the AAP, as the development proposals were not sufficiently advanced at previous stages. It is important and vital to address this issue now in advance of submission.
5 Proposed Town Centre Development Sites 5.7 The plan overleaf shows the extent of Herne Bay town centre, the flood zones and the location of all existing and proposed allocations including those sites allocated in the adopted local plan and the new sites proposed in the Herne Bay Area Action Plan (AAP). Existing local plan allocations on inset 4 outside the floodplain 5.8 The sites listed below are those existing allocations that do not fall within zones 2 or 3. This list shows that the City Council has already considered and allocated suitable alternative sites outside the floodplain. Site Allocation Comment York Road Residential This site is outside of the town centre as defined in the local plan. Victoria Park/Canterbury Road Residential This site is outside of the town centre as defined in the local plan. Kings Hall Leisure This site is within the town centre boundary. Station car park Residential This site is outside of the town centre as defined in the local plan. 17-29 Bank Street/173-180 High street Dolphin Street/Telford Street/Richmond Street Mixed use Residential This site has planning permission (2003) for retail and residential on a wider area than the allocation and is currently on the market. Small part of the site is within zone 2. Planning permission for residential development has been in existence on this site since 1996 and has been the subject of the renewal. The latest application was refused on design grounds and is pending an appeal. Although this site falls partly within zone 2, no flood risk objection was raised by the Environment Agency. William Street Leisure This site lies within the town centre as defined in the local plan. The sites identified for residential development are already phased in for development in the latest Housing Information Audit 2006/07. Where planning permission does not exist, the City Council has very little control over the timing of the development of these sites.
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7 Existing local plan allocation within the floodplain 5.9 The table below lists the allocations that fall within flood zones 2 and 3. At the local plan stage no objection was made to the inclusion of these sites in the local plan, on the grounds of flood risk. Site Allocation Comment St George s Terrace Leisure No residential Avenue Road Coal Yard Richmond street Kings Road / Richmond Street Mixed use residential and community use Residential Residential Temporary planning permission was been granted for a garden nursery until November 2006 and permission has just been granted (September 2007) for a car wash facility. Planning permission was granted (2003) for residential development on part of the site, which has now been implemented. Planning permission was granted and the development has been completed. Bus depot High Street Mixed use Retail and residential, the site is currently on the market. This site is also included in the AAP under preferred option HB7. Adjacent to Beach Street Alley Residential This development has recently been completed. Flooding was an issue so no residential on ground floor. King s Road/Dering Road/Park Road Residential Site currently being used for commercial use The pier sports centre Leisure This is site is also included in the AAP under preferred option HB3. Memorial Park Leisure Planning permission for the demolition and replacement of the youth centre was granted November 2007. An FRA was carried out as flooding was an issue and this has been resolved. King s Hall Leisure This is a City Council owned site and a feasibility study of these premises is to be undertaken.
8 5.10 The sites that include an element of residential development are already included in the latest Housing Information Audit 2006/07 and are phased accordingly. Where planning permission does not exist, the City Council has very little control over the timing of the development of these sites. New allocations 5.11 Following on from the previous rounds of public consultation, a number of new development sites are proposed to stimulate regeneration of the town centre, in addition to those already allocated in the adopted local plan. These are: Site Proposed Development Comment Central development area comprising of: William street car park King s Road car park Enhancement of sports facilities at Herons Leisure centre; community facilities, car parking, small amount of housing, retail, health and office development. To be developed in conjunction with the Morrisons site and adjacent bus depot site. Possible uses community facilities, car parking, small amount of housing, retail, health and office development. Preferred option HB2 and HB5. Residential development is likely to be confined to upper floors. It is the intention to create a focus for the town centre in this location. Flood risk is an issue that needs to be addressed. As above Morrisons site Improved retail offer Flood risk is an issue that needs to be addressed.
9 Site Proposed Development Comment Bus Depot site Retail and housing Preferred option HB7. This is in line with the current local plan allocation. Flood risk is an issue that needs to be addressed Beach Street Car parks The Pier Memorial Park The creation of a pedestrian link through to the sea front by the removal of a building. High Quality seaside facility Include relocated and improved play facilities; a multi-games court; new café/meeting room; public toilets; a new youth and children s centre; restored boating lake and environmental improvements. Preferred option HB6. The City Council is currently undertaking breach analysis, to investigate the extent of flooding if the sea defences were breached. Development in this area may improve the situation by allowing specific flood prevention measures to be implemented. Preferred option HB 3. Flood risk is an issue that needs to be addressed. Preferred option HB4. Planning permission has already been granted for youth centre and an FRA was undertaken. Flood risk is an issue that needs to be addressed. Sequential Test 5.12 The aim of the new area action plan is to regenerate the town centre. The existing town centre is very elongated and the main retail centre lies between the High Street and Mortimer Street and stretches as far to the east as Canterbury Road, and Station Road in the west, with the City Council offices and the town s swimming pool focused around the William Street car park. The aim of the area action plan is to focus on a central area around the William Street car park creating Hanover Square, which was on the original town plan but was never built. The intention is to focus service delivery on this area with some enabling residential development at first floor level, whilst at the same time retaining some car parking. 5.13 The existing town centre is already developed and it is only the sites that are occupied by the City Council s car parks, the Stagecoach site and the Morrison's site that provide the opportunity to deliver regeneration. Where residential development is proposed this is at upper floor levels only with commercial either retail or office at ground floor level.
10 5.14 The proposed development sites in the Area Action Plan together with the allocations in the adopted local plan will help to regenerate the town centre and will deliver the objectives of policy EKA4 of the south east plan. Together these sites will encourage a new economic impetus that will in turn help deliver a stronger local service function and a mix of employment uses. These previously developed sites are the most sustainable locations for town centre regeneration. 5.15 From the above it is shown that there are overriding sustainability reasons for development and redevelopment to be carried out in Herne Bay town centre within Flood Zones 2 & 3. This is recognised by central government in the PAER designation contained in RPG and policy EKA4 of the SE Plan. The Sequential Test has therefore been applied and it has been shown to be in accordance with the requirements of PPS25 to move to the Exception Test to determine whether development can proceed safely with the flood risk managed. 5.16 For the purposes of the Sequential Test and applying Table D.1 of PPS25 Annex D the Herne Bay AAP sites and a number of the Local Plan allocated sites are within flood Zone 3a - high probability of flooding from the sea. Table D2 flood risk vulnerability classification identifies the use of residential dwellings in this area as more vulnerable and buildings used for shops and other commercial uses as less vulnerable. Table D3 of PPS25 states that where uses fall within the flood zone 3a and the more vulnerable category an Exception Test should be carried out. Exception Test 5.17 For the exception test to be passed all three criteria (a to c) as set out in Annex D of PPS25 need to be satisfied. a) It must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk, informed by a SFRA where one has been prepared. b) The development should be on developable previously developed land or if it is not on previously developed land, that there are no reasonable alternative sites on developable previously developed land; and c) A FRA must demonstrate that the development will be safe, without increasing flood risk elsewhere and, where possible will reduce flood risk overall. 5.18 The exception test should be applied to LDD site allocations for development and used to draft criteria based policies against which to consider planning applications. This should be applied as early in the process as possible. Policies should be included in the LDDs that ensure that the developer s FRA satisfies criterion c) above. Compliance with the exception test should be demonstrated in an open and transparent way. Criteria a) It must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk, informed by a SFRA where one has been prepared. 5.19 Previous consultations on the future of Herne Bay have concluded that to do nothing i.e. the status quo remains, is not a sustainable or suitable option.
11 The town centre will eventually fail and fall further into decline. Previous consultations agreed that the City Council had to assess the potential of its town centre sites to stimulate regeneration and that these were the only deliverable options. The benefits of providing an improved retail area in this location, together with a network of other social and council services is considered to outweigh any flood risk provided that risk is properly managed. The Beach Street connection would further improve the linkages between the town centre and the retail / community services centre and would link one of the town s most important assets, the memorial park, to the sea front via the main retail area. To enable this to happen requires a rise in land values and residential uses at upper floors would go some way as to enable this to happen. 5.20 The City Council has already allocated land outside of the flood risk area in the local plan and only a few sites have actually come forward, therefore additional sites are needed to encourage regeneration. In order to regenerate the town centre, the development has to be in the town centre there are no other alternatives. The SFRA is underway together with some breach analysis and will be available before submission. Any development of these sites will be expected to provide flood mitigation measures and to adopt good practice on flood resilient buildings. Criteria b) The development should be on developable previously developed land or if it is not on previously developed land, that there are no reasonable alternative sites on developable previously developed land 5.21 The sites that are put forward as part of the Area Action Plan are entirely previously developed. The majority of the sites are Council run car parks and as these are the main car parks within the town an element of car parking will need to be retained. The other suitable sites within the town have either already been allocated in the adopted local plan 2006, or have the benefit of planning permission such as the former Cue Club site Market Street (June 2007) and 17 to 29 Bank street/173 to 180 High Street (2003). Unfortunately the City Council cannot control the deliverability of these sites. To look for additional sites outside of the town centre would fail other planning guidance such as PPS6 Town centres to create an out of town centre on the edge of Herne Bay would render the existing town centre into further decay. Criteria c) A FRA must demonstrate that the development will be safe, without increasing flood risk elsewhere and, where possible will reduce flood risk overall. 5.22 Under PPS25 there is a requirement for a FRA to be produced for each proposed development site to ensure that it will be safe and not increase flood risk elsewhere. The SFRA Level 2 including breach modelling will provide all the information and analysis necessary for the individual FRAs. The information compiled to date for the SFRA Level 2 has been summarised in the form of a Summary Flood Risk Assessment set out under the headings recommended in the PPS25 Practice Guide Appendix C. The Summary FRA is a separate document to be submitted to the Environment Agency.
12 6.0 CONCLUSIONS 6.1 The existing policy framework at the regional, county and local level provide for regeneration of Herne Bay town centre. The City Council has applied the sequential test through the provision of sites in the local plan and has advanced the case that additional sites are needed in the town centre to aid the regeneration objectives. The only sites that are available and can be delivered are those identified in the Area Action Plan which fall within zones 2 and 3. 6.2 The objective of the Area Action Plan and other policy documents is to seek town centre regeneration. To locate such development out of the town centre would not be the most efficient and effective use of previously developed land and would not satisfy national policy guidance in PPS3 and PPS6. Therefore town centre regeneration needs to be in the town centre. 6.3 Work is progressing on the SFRA and the breach analysis and any issues that arise out of these studies will be incorporated into the submission version of the AAP. In any event the City council is adopting a pragmatic approach to development in these areas by limiting residential development to upper floors only with less vulnerable uses on the ground floor. The final SFRA will be available for the submission version of the Area Action Plan.