EXECUTIVE COMMITTEE 15 OCTOBER 2012
FULL COUNCIL 23 OCTOBER 2012
PART I – NOT DELEGATED
11.
LOCAL PLAN DEVELOPMENT MANAGEMENT POLICIES SUBMISSION
(DCES)
1.
Summary
1.1
To inform the Committee of representations received following public
consultation on the Development Management Policies LDD, to agree the
Council’s response to these representations and to seek Member approval to
submit the Development Management Policies LDD and relevant supporting
information to the Secretary of State for independent examination. The
submission of the Development Management Policies LDD is an important step
towards its adoption.
1.2
A report of this nature would normally be presented to the Sustainable
Environment Policy and Scrutiny Committee (SEPSC) in advance of the
Executive Committee. However, the lack of any scheduled SEPSC meetings
within a suitable timeframe and in order not to delay submission of the
Development Management Policies LDD, this has not been possible on this
occasion.
2.
Details
Development Management Policies Proposed Submission
2.1
The Development Management Policies document sets out the generic planning
policies to support the delivery of the Core Strategy and provide the basis for
dealing with planning applications for new development within the District. With
regard to policy coverage, the LDD must not repeat policies contained in the
Core Strategy which already forms part of the Development Plan for the area.
2.2
The policies within the Development Management Policies LDD were originally
part of the Core Strategy Preferred Options document which was agreed by the
Executive Committee in October 2008 for consultation early in 2009. The
policies were then ‘split’ away from the Core Strategy following the advice of the
Planning Inspectorate in November of that year.
2.3
The Development Management Policies LDD was then amended to incorporate
changes in planning policy since 2009 and the recommendations of consultees,
including statutory consultees such as the Environment Agency, Natural England
and English Heritage which were received as part of the consultation in 2009. In
addition, continual engagement with colleagues in Development Management
has identified the level of detail needed to ensure that the policies addressed
local need and that the wording of the policies can be implemented in practice.
2.4
In December 2011 the Executive Committee approved the Development
Management Policies LDD for consultation in accordance with the Regulations
and the Local Development Scheme. A six week consultation took place
between 23 January and 5 March 2012.
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2.5
Following consideration of all the responses, the introduction of the National
Planning Policy Framework and the Town and Country Planning (Local
Planning) (England) Regulations 2012 the consultation version was redrafted.
Full Council approved the document for publication on 10 July 2012. Publication
is a statutory consultation stage to enable representations to be made on the
document’s ‘soundness’ and legal compliance.
2.6
Legal compliance relates to whether the Council has followed the right
procedures in relation to consultation, sustainability appraisal and whether it has
had adequate regard to the Community Strategy for the area. Soundness relates
to whether the document is ‘justified’ (based on evidence and the most
appropriate strategy), ‘effective’ (whether the document is deliverable, flexible
and able to be monitored) and consistent with National Policy.
2.7
The LDD must also comply with the duty to co-operate under the Localism Act to
ensure that all authorities have regard to the activities of other planning
authorities where relevant. It also includes the co-operation of other bodies on
issues of common concern to the development of the LDD.
2.8
Following approval of the Development Management Policies LDD, it was
published for a period of six weeks (23 July – 3 September 2012) in accordance
with the Regulations and the Local Development Scheme (Project Plan).
2.9
56 representations were received from 19 separate individuals and
organisations. Of the representations received, 24 were in support of the
Development Management Policies LDD and 27 were commenting or requesting
minor changes. 5 were objecting because respondents considered that the
Development Management Policies LDD was not legally compliant and/or not
sound.
2.10
The key areas of objection can be summarised as follows:




Concern that policies did not make it clear how the Council will take into
account surface water flooding
The omission of the requirement of an 8m wide buffer zone between
development and a main river
Concern that policies did not take account of putting heritage assets to
viable uses
Concern that the statement in the document that where sites are allocated
for development, this may represent very special circumstances for
development in the Green Belt is inconsistent with national planning
policy.
2.11
Appendix 1 sets out in full the representations received and the suggested
Council responses to these together with other minor changes, including to
parking standards for new development.
2.12
None of the responses received on the Development Management Policies
Proposed Submission are considered to have raised fundamental legal
compliance or soundness issues for the Development Management Policies
LDD. Appendix 2 sets out the actual Development Management document,
including all of the suggested changes shown as track changes.
2.13
The Council is due to submit the Development Management Policies LDD to the
Government for examination in December 2012.
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2.14
It is recommended that the Council proceed to submission without further delay
to:

Ensure there is an effective and up to date policy framework for our area.
The Three Rivers Local Plan 1996-2011 is coming to the end of its life and
without proper replacement policies there is the danger of uncertainty in
decision-making, leading to ‘planning by appeal’ and potentially costs
awarded against the Council

Enable the emerging Development Management policies to come into effect
for the purposes of determining planning applications. The ‘weight’ that can
be applied to emerging policies increases with the progress made towards
adoption of the Development Management Policies LDD

Maintain progress on the Local Plan (LDF) as a whole
2.15
It is therefore proposed that the Development Management Policies LDD be
submitted to the Government in December 2012 as set out in Appendix 2. The
Government will then ask the Planning Inspectorate to appoint an independent
Inspector. The Inspector will liaise with a Programme Officer (to be appointed
by the Council) to organise an Examination in Public to explore the legal
compliance and soundness of the document. The Inspector will set the agenda,
invite those having made representations to make further written
representations and some cases invite them to attend a public hearing. The
Inspector will conclude the process by writing a report that will be issued to the
Council.
3.
Options/Reasons for Recommendation
3.1
The Council has a legal duty to progress its Local Plan (LDF). Consequently,
there is no real alternative option to the Council preparing the Development
Management Policies LDD, submitting it for independent examination and finally
adopting it.
4.
Policy/Budget Reference and Implications
4.1
The recommendations in this report are within the Council’s agreed policy as set
down in the Strategic Plan to prepare the Local Plan (LDF) to promote the
theme of Sustainable Communities.
5.
Financial Implications
5.1
None specific. The preparation of the Local Plan (LDF) will be met by the
existing revenue budget for Development Plans.
6.
Legal Implications
6.1
The Council is legally required to have LDDs in place as part of its Local Plan
(LDF). This is covered under the Planning and Compulsory Purchase Act 2004
and Town and Country Planning (Local Planning) (England) Regulations 2012.
The Development Management Policies LDD will in due course be examined by
an independent Panel and policies will be tested for their ‘soundness’. In this
regard, it is important that policies reflect national policy and the available
evidence and that they can be realistically delivered.
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6.2
In line with Local Authorities (Functions and Responsibilities) (Amendment)
(no.2) (England) Regulations 2005, and the Council’s Constitution it is
necessary for Full Council to approve the Development Management Policies
LDD before submission to the Secretary of State.
Equal Opportunities Implications
7.1
Relevance Test
Has a relevance test been completed for Equality Impact?
Yes
Did the relevance test conclude a full impact assessment No
was required?
7.2
Impact Assessment
What actions were identified to address any detrimental impact or unmet need?
None required.
8.
Staffing Implications
8.1
Dealing with the representations and other work associated with the
examination will largely be carried out by staff within the Development Plans
Service with legal support as necessary. In addition, a Programme Officer will
also be required to ensure the smooth and efficient running of the examination
process. The Planning Inspectorate will not start an examination until a
Programme Officer is appointed. Temporary office accommodation will be
needed for the Programme Officer (and also for the appointed Inspector) as part
of the examination process and this is being investigated further.
9.
Environmental Implications
9.1
The Local Plan (LDF) will promote the Council’s priority to maintain a high
quality local environment and reduce the carbon footprint of the District. Each
relevant document of the Local Plan must be tested by a sustainability appraisal
process so that any environmental impacts of policies can be minimised. A final
Sustainability Appraisal document (as amended) in relation to the Development
Management Policies LDD will be published alongside the document before
being submitted.
10.
Community Safety Implications
10.1
None specific.
11.
Customer Services Centre Implications
11.1
The CSC has been briefed to respond to requests for information on the Local
Plan (LDF) generally.
12.
Communications and Website Implications
12.1
Information about the Local Plan (LDF) is included on the Council’s website. All
submission documents will be made available on the website.
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13.
Risk Management and Health & Safety Implications
13.1
The Council has agreed its risk management strategy which can be found on
the website at http://www.threerivers.gov.uk. In addition, the risks of the
proposals in the report have also been assessed against the Council’s duties
under Health and Safety legislation relating to employees, visitors and persons
affected by our operations.
13.2
The subject of this report is covered by the Development Plans service plan.
Any risks resulting from this report will be included in the risk register and, if
necessary, managed within this plan.
13.3
The following table gives the risks if the recommendation(s) are agreed (more
specifically if a legal challenge is pursued), together with a scored assessment
of their impact and likelihood:
1
13.4
Description of Risk
The Development Management Policies LDD is
not found to be ‘sound’ when it comes to the
Examination process. An Inspector can direct an
LPA to withdraw and redraft its LDD, undertake
further consultation and submit for re-examination.
Impact
III
Likelihood
E
The following table gives the risks that would exist if the recommendation is
rejected, together with a scored assessment of their impact and likelihood:
13.5
2
3
13.6
Likelihood
C
III
C
Description of Risk
A delay in the delivery of the Local Plan (LDF).
Service Plan
Development Plans
The above risks are plotted on the matrix below depending on the scored
assessments of impact and likelihood, detailed definitions of which are included
in the risk management strategy. The Council has determined its aversion to
risk and is prepared to tolerate risks where the combination of impact and
likelihood are plotted in the shaded area of the matrix. The remaining risks
require a treatment plan.
Likelihood
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Impact
III
Of the risks above the following are already included in service plans:
2
13.7
Description of Risk
Any delay in progress on the Development
Management Policies LDD could lead to
uncertainty in the planning process and potential
increase in planning appeals.
Any delay could reduce our ability to achieve
strategic
priorities
such
as
sustainable
development.
A
B
C
D
E
F
2,3
1,
I
II
III
Impact
IV
V
Impact
Likelihood
V = Catastrophic
A = >98%
IV = Critical
B = 75% - 97%
III = Significant
C = 50% - 74%
II = Marginal
D = 25% - 49%
I = Negligible
E = 3% - 24%
F = <2%
13.8
In the officers’ opinion none of the new risks above, were they to come about,
would seriously prejudice the achievement of the Strategic Plan and are
therefore operational risks. The effectiveness of treatment plans are reviewed
by the Audit Committee annually.
14.
Recommendations
14.1
That the suggested Council responses to representations on the Development
Management Policies Proposed Submission and Changes to the Development
Management Policies Proposed Submission as set out in Appendix 1 and
Appendix 2 are noted and agreed by the Executive Committee.
14.2
That subject to the comments of the Executive Committee the Council approves
the Development Management Policies Proposed Submission (Appendix 2) to
be submitted to the Secretary of State for Communities and Local Government
for examination following Full Council on 23 October 2012.
14.3
That delegated powers be granted to the Director of Community and
Environmental Services and where appropriate in consultation with the Portfolio
Holder for Housing and the Environment to take all such steps necessary to
support the submission of the Development Management Policies to the
Secretary of State and the subsequent examination, including the making of any
further minor changes to the Development Management Policies prior to
submission.
14.4
That the Development Management Policies LDD be approved as a material
consideration for development control purposes at the point of submission to
the Secretary of State.
Report prepared by: Claire May, Principal Planning Officer
Data Quality
Data sources: The report makes reference to the local plan which is based on a
wealth of data. The source of the data is varied and includes audited and nonaudited data covering government statistics, consultation results and technical
studies.
Data checked by: Claire May, Principal Planning Officer
Data rating:
1
Poor
2
Sufficient

3
High

Background Papers
Core Strategy (Adopted 17 October 2011)
Development Management Policies Proposed Submission document (July
2012) (Circulated separately)
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The recommendations contained in this report DO NOT
constitute a KEY DECISION.
APPENDICES / ATTACHMENTS
Appendix 1: Council’s Response to Representations and other Minor Changes
Appendix 2: Development Management Policies Proposed Submission with
Track Changes.
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