Development Management - Proposed Submission

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.

DM10
Policy DM10 sets out that development will be encouraged that contributes to the promotion of sustainable economic growth by increasing the capacity and quantity of employment land, floorspace and jobs. This is in accordance with the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs. Policy Table 6- Employment Sectors sets out a number of employment sectors and the Priority Location Areas which these types of employment development will be directed to.

The sectors which will be guided to employment areas include aviation industries, health and medical industries, business and financial services, cultural and intellectual hub and higher education centre of excellence, and manufacturing, construction and warehousing. These types of uses would be appropriate at Fossetts Farm which, as per our representations on the Proposals Map and Policy DM11, should be designated as an Employment Area.

In relation to Tourism and Leisure, draft Policy Table 6 seeks to direct these into Southend Central Area and the Seafront, whilst these locations may well be suitable for tourism and leisure uses the policy should retain flexibility in order to meet the tests of soundness. There may be some leisure and tourism uses which are more appropriate on the edge of the urban area, for example uses which take up large areas or land such as the permitted football stadium at Fossetts Farm.

The potential for leisure uses on our client's site is identified within the existing Section 106 Agreement which provides a zonal plan and indicates that the Council agree that the area could be comprehensively developed for employment and leisure.

DM11
The draft Development Management DPD Table 7 identifies a number of Employment Growth Areas. This includes existing employment areas and green field land at Shoebury Garrison. However, the plan is unsound as it does not refer to Fossetts Farm which is a Priority Urban Area (Industrial/ Employment Area) in the adopted Core Strategy.

This appears to be an omission as Paragraph 5.10 refers to the same employment target as the Core Strategy (creating 2750 jobs) which assumed the inclusion of Fossetts Farm. The potential of Fossetts Farm to meet the future development needs of Southend is well established. Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Fossetts Farm is also identified as Safeguarded Land in the Southend-on-Sea Local Plan Saved Policies (Policy G1a). Furthermore, a Section 106 Agreement dated 8th January 2004 provides an indicative zonal plan showing areas of Fossetts farm for employment and leisure recognises that the land could be comprehensively developed for these uses.

The omission of Fossetts Farm from the identified Employment Areas is not justified as it is the most appropriate strategy when considered against reasonable alternatives, nor is it effective or consistent with National Policy as it does not encourage sustainable economic growth in this location.

PROPOSALS MAP
We write on behalf of our client C and S Associates who own land off Fossetts Way, as shown on the red line plan provided. This land includes the B&Q, the retail units to the south of B&Q, land to the north of the B&Q, part of the scheduled ancient monument, and additional land to the west of Fossetts Way.

The land to the north of the B&Q, part of the scheduled ancient monument, and land to the west of Fossetts Way is designated as High Grade Agricultural Land, despite the terms of the Core Strategy. This proposed designation is unsound as it is not justified, effective or consistent with National Policy. Whilst there is a need to protect the scheduled ancient monument, the other areas are suitable for development.

The High Grade Agricultural Land designation is inconsistent with both the adopted Local Plan 1999 alterations, which designates the site as Safeguarded Land to meet future development needs (Policy G1 a) and the Core Strategy (2007) which designates the site as a Priority Urban Area (Industrial/ Employment Area). Neither of these adopted plans designate the site as High Grade Agricultural Land.

On the contrary, the Core Strategy seeks to encourage employment growth at Fossetts Farm.
Core Strategy Policy KP1 confirms that growth will be focussed in a number of locations including the Priority Urban Areas, and the supporting text at paragraph 2.4 confirms that Fossetts Farm is an industrial/employment location which has potential to make a significant contribution to regeneration and growth objectives. Core Strategy Policy CP1 confirms that 2,750 jobs will be provided within the Priority Urban Areas which includes Fossetts Farm.
The proposed High Grade Agricultural Land designation is also inconsistent with a Section 106 Agreement entered into by our client and the Council dated 81
h January 2004 which provides an indicative zonal plan showing areas for employment and leisure.

The Agreement restricts promotion of the land for retail, cinema, amusement arcade centre/funfair, night club/casino or housing, but states that:-
"The Developer the Owners B&Q and the Council recognise that the Restricted Area could in principle be comprehensively developed and such comprehensive development could include the indicative uses illustrated on the Indicative Zonal Plan ... " (Paragraph 4.5.2)

A copy of this Section 106 Agreement is submitted in support of these representations and
relates to the B&Q at Fossetts Farm which was granted at appeal(APP/D1590N/03/11113372).
The Inspector's report for this appeal recognised the importance of achieving comprehensive development at Fossetts Farm, and the application was partially approved on the basis that it would enable a link road to be constructed which would unlock the safeguarded land and therefore ensure that it is capable of meeting any of the development needs generated bySouthend.

The zonal plan identifying our clients land for employment and leisure clearly shows that the Council agreed with the principle of these uses, this is carried forward in the Core Strategy designation.

Since this Section 106 Agreement, Fossetts Farm has developed further as an employment location with jobs provided within the B&Q, Waitrose and Majestic Wine. The employment opportunities will be enhanced further when the Football Club permission is developed, with jobs provided within the Stadium, hotel, retail and health club.
Planning permission for a vocational training college was also granted planning permission was granted in March 2005 on land north of the B&Q (SOS/05/00070/FUL). The committee report confirms that this use was considered to be in the spirit of the Local Plan Second Alteration and the Thames Gateway as it would provide the opportunity for, primarily, young learners to
develop skills that would directly benefit the local economy. It would take up 1.6 hectares of land, leaving the majority of the wider Fossetts Farm area open to further employment specific development in the future.

The proposals map as currently drafted is therefore unsound as it should reflect the designations of the adopted policy and take into account the planning history of the site. The Planning Inspectorate guidance, 'LDFs - Examining DPDs: Learning from Experience' (September 2009) confirms that the proposals map does not have DPD status in its own right because anything it conveys must be identified in a DPD or saved development plan. Therefore, the proposals map can not designate the site as High Grade Agricultural Land.

The Development Management DPD is also not the proper DPD to make strategic decisions about specific sites and therefore should not designate our client's site as High Grade Agricultural Land nor remove the adopted Core Strategy designation as a Priority Urban Area. Any change to the designation should be done through the Core Strategy and/or Site Allocations DPD.

We also note that there is no evidence base to support the proposed High Grade Agricultural Land designation of our client's site. The site is not currently agricultural land but has been fallow for many years, awaiting development.

The potential of the site to meet the future development needs of Southend is well established both in terms of adopted policy and planning history, and should be made clear on the proposals map.

The site is suitable for both employment and leisure uses as identified in the Section 106 Agreement and the Core Strategy designation as a Priority Urban Area and should therefore be identified on the proposals map as an employment area, with the uses to include employment provided by both B class uses and leisure facilities.

This designation will enable the creation of jobs in line with the Core Strategy target and the Government's 'Planning for Growth' agenda which sets out that the top priority is to promote sustainable growth and jobs, and sets out that the answer to growth wherever possible should be 'yes' except where this would conflict with sustainable development principles.

The designation of this site as an employment area including leisure uses is also in accordance with PPS4 which seeks for development plans proactively encourage sustainable economic growth. It also retains flexibility in line with the Southend Core Strategy Inspector's Report (October 2007) which considered that the future uses for Fossetts Farm should remain flexible because the site represents a scarce resource in terms of undeveloped land (Paragraph 6.5).

We recognise that this is not a site allocations DPD but our suggestion simply reflects the adopted designations of the site as a Priority Urban Area and safeguarded land. It is noted that the proposals map does identify future designations, for example the green field land at Shoebury Garrison. The fact that the Development Management DPD proposes to replace all of the Southend-on-Sea Local Plan Saved Policies, including Saved Policy G1 a Safeguarded Land (Second Alteration), which seeks to safeguard Fossetts Farm for future development needs, is also an important consideration and should not be deleted without a satisfactory replacement designation.

In conclusion, the proposals map as currently drafted is unsound as it does not reflect the current designations and history of the site.