AGENDA ITEM NO: REPORT OF: HEAD OF POLICY & COMMUNITY INITIATIVES AUTHOR: MICHAEL SALMON TELEPHONE: 01737 276208 E-MAIL: [email protected] TO: OVERVIEW & SCRUTINY COMMITTEE DATE: 2ND MARCH 2005 WARD(S) AFFECTED:: 5 ALL SUBJECT: REIGATE AND BANSTEAD LOCAL DEVELOPMENT SCHEME 2005 PURPOSE OF THE REPORT: TO PROVIDE AN UPDATE ON THE CURRENT POSITION WITH REGARD TO THE COUNCIL’S DRAFT PROPOSALS FOR A LOCAL DEVELOPMENT SCHEME REQUIRED BY THE GOVERNMENT AS PART OF NEW PLANNING LEGISLATION RECOMMENDATIONS: That the Committee comment on the contents of the proposed Local Development Scheme to be submitted to the Executive for consideration at its meeting on 17 th March 2005. Background The New Planning System 1. The Government has introduced new legislation that requires the Council to replace its existing Local Plan with a new style local development plan called a Local Development Framework (LDF). The LDF is intended to better engage the community and reflect a broader range of strategies. This approach is known as ‘Spatial Planning’. The LDF is a folder of documents called Local Development Documents (LDD’s). Documents with development plan status will be known as Development Plan Documents (DPDs). Other guidance will be known as Supplementary Planning Documents (SPDs). 2. Regional Planning Guidance (RPG) for the South East is to be replaced with a Regional Spatial Strategy called the South East Plan. The existing Structure Plan will be superseded by the South East Plan once it is adopted. The South East Plan and Development Plan Documents will have development plan status in determining planning applications. The Borough Council’s LDF must be in general conformity with the South East Plan. The Components of the LDF 3. A Local Development Framework consists of Local Development Documents. These can contain Development Plan Documents, Supplementary Planning Documents and a Statement of Community Involvement. Brief descriptions of each are given below. 4. Development Plan Documents are those with Development Plan Status, i.e. the equivalent weight in decision making as the current Local Plan. These are subject to independent examination, for example a Local Inquiry or Examination in Public before they can be adopted. There are four elements. Core Strategy – a key document that sets out the strategic vision for our area and the primary policies and proposals for meeting that vision. There may be a ‘key diagram’, which will illustrate the broad location of strategic development, key transportation elements, main patterns of movement, and relationships with other strategies and with areas outside the Borough. Site Allocations – sites proposed for development to meet our core strategy will be identified in DPDs, which will also set out any policies that refer to the development of those sites, such as the mix of uses proposed or the form of access arrangements. Site allocations may also be included in a Site Allocations DPD or an Area Action Plan (AAP) DPD. Area Action Plans (AAPs) – may be used to provide a planning framework for areas of particular change and areas of conservation. They can deal with specific parts of our area and with specific requirements such as the redevelopment of an area of derelict land and buildings or the enhancement of an area of historic or architectural interest. Proposals Map – geographically illustrates, on an ordnance survey map, the policies and proposals in the current development plan (i.e. all the development plan documents in the LDF). It will identify the designation of land such as green belt, and show sites for particular future land uses and the areas to which specific policies apply. Inset maps can be used as part of the Proposals Map to show all the proposals for part of the authority’s area, including those contained in AAPs. 5. Supplementary Planning Documents (SPD) these can be used to provide additional guidance to elaborate a development plan policy e.g. affordable housing policies, detailed design guidance or specific open space standards. They are nonstatutory documents that are not subject to independent examination, but the matters covered must be directly related to an existing policy. However, they will be subject to consultation and a Sustainability Appraisal. SPDs are material consideration in making planning decisions. 6. The Council is also required to publish a Statement of Community Involvement indicating how it intends to consult on both planning policy and development control matters. Public involvement is an important part of the new LDF. The SCI will outline the Council’s approach for involving the community in the preparation of Local Development Documents and in handling planning applications. The SCI is a Local Development Document and will be subject to independent examination to allow the public to influence its scope and content. The Local Development Scheme 7. One of the requirements of the new system is for Local Planning Authorities (LPAs) to publish and adopt an agreed three-year project management programme, which outlines which, and when, documents will be produced that will form part of their Local Development Framework. This is known as the Local Development Scheme (LDS) and the Council is required to submit one to the Secretary of State by the end of March 2005 for approval. 8. A number of national factors influence the production of the LDS including:a) the Planning and Compulsory Purchase Act is now in force; b) ODPM now require LPAs to meet the targets set out in their LDS; c) ODPM has introduced a new requirement PPS 12 that means the Secretary of State will not approve an LDS unless the Planning Inspectorate indicates that they can meet the requirements of the timetable; d) the Planning Inspectorate has indicated that they will have difficulty providing Inspectors for all of the Examinations. At present, it seems that they will prioritise requests for Examinations for Core Strategies or Housing related DPDs. e) the recently issued guidance on Sustainability Appraisals (SA) has introduced a new stage into the process. f) Planning Delivery Grant (PDG) will continue to be available beyond 2005/06 and producing and achieving the targets set out in the LDS will be one of the criteria for assessing the amount to be awarded. Saved Plans 9. Transitional arrangements accompanying the new legislation allows existing policies and plans to be saved until new plans are adopted. 10. The Structure Plan will be retained until 2007, to allow for the introduction of the South East Plan. 11. The current Local Plan was adopted in 1994 with the Proposed First Alteration adopted on 17th February 2005. The adoption of the Proposed First Alteration forms the first part of the LDS. Once adopted, the Borough Plan 2005 will become a saved plan for at least 3 years. This position would be reflected in the LDS. 12. The Secretary of State can also agree to policies being saved beyond the 3-year period. In order for this to be possible the saved policies need to be assessed to see if they are out of date and have regard to national policies. Housing Supply 13. The 2004 Structure Plan requires the Borough to provide 6,290 new dwellings from 2001-2016 (420 per annum). The Borough’s housing supply is as follows: 1235 - Completions up to 31st March 2004; 3147 - Extant planning permission up to January 2005; and 2445 - Allocations following Adoption of the First Alteration, the first part of the LDS. Total supply - 6827 14. PPG 3 – Housing and ministerial statements suggest that at least five years of housing supply should be shown on the Plan’s Proposal Map. As a result of the above, the Borough will have more than five years of identified supply on the proposal map, taking into account extant planning permissions. Therefore, it is considered that there is no need, at this stage, to consider further housing allocations. Although for regeneration reasons, in Preston, Merstham, Redhill Town Centre and Horley Town Centre, further housing supply may be allocated or facilitated as a result of the master planning process underway in these areas. Proposed New Documents 15. The main part of the LDF would be the Core Strategy. This will set out the Council’s vision, objectives and Spatial Strategy for the Borough. It will build upon the spatial element of the Community Plan and contain core policies to deliver its objectives. 16. An Area Action Plan would be proposed in the LDS, for Redhill Town Centre. The AAP will focus upon implementation of the emerging Town Centre Master Plan and provide an important mechanism for facilitating the regeneration of the town. 17. Master Plans are proposed for the other identified areas in need of regeneration, namely: Horley Town Centre Preston Merstham These master plans will be incorporated into the LDS as SPD. Additionally, an existing Council resolution has been made to provide advice on Inclusive Access as part of the LDF. It is proposed to achieve this by preparing SPD on the matter. 18. The first documents to be produced, after the adoption of the First Alteration will be SPD to facilitate the implementation of the Horley Master Plan, namely; the Horley Design Guide and Horley Infrastructure Provision. 19. Logically, it should be one of the first Local Development Documents to be produced to set out the consultation procedure for the remainder of the documents to be produced. Evidence Base – Sustainability Appraisal 20. The new LDF system will be based on the provision of a robust evidence base before any LDF documents are produced, this is known as “front loading”. One of the priorities identified in the LDS is establishing a comprehensive and credible evidence base to underpin policies and proposals. It is not proposed, at this stage, to undertake an Urban Capacity Study as more than sufficient housing supply has been identified in the Borough. 21. Sustainability Appraisal (SA) and Strategic Environmental Appraisal (SEA) are also important stages in testing the soundness of documents by ensuring that they take account of sustainable development objectives. Officers have informally been working in partnership with other Surrey local authorities on preparatory work required, including establishing the environmental state of each District and developing a framework for testing the impacts of new policies. 22. This joint working is based on a ‘peer review’ system whereby officers carry out the SA of one another’s Local Development Documents to ensure independence and consistency. This joint working now requires formalisation (likely to be a service level agreement). Initial indications from the Government Office for the South East broadly support this approach. The benefits of this arrangement will be to enhance the Council’s skills base and reduce the amount of required consultant’s advice. Prioritisation 23. In order to be confident in delivering the LDF it is important to set out in the LDS a realistic and achievable work programme for the next three years. The focus should only be on producing the new requirements under the Planning and Compensation Act (such as the Core Strategy and Statement of Community Involvement), replacing out of date policies and facilitating regeneration. The LDS will be reviewed annually and new work priorities can then be added to the timetable. Resource Implications 24. The LDS identifies a number of areas where work is required to provide the evidence basis such as an updated Housing Needs Survey. New evidence, such as Open Space Survey, Economic & Employment Land Review, Retail Study – linked to Redhill Town Centre and Horley Town Centre Studies will inform not only the LDF but also other Council strategies, for example the Leisure Strategy. In order to be confident that the LDF is deliverable, an assessment of the Impact of proposed policies on viability of market housing, is proposed. 25. Redhill Town Centre Study. This was an area, along with the cost of consultation, identified in the 15 July 2004 report to Executive as one for the expenditure of Planning Delivery Grant (PDG). The costs involved are likely to be significant, but as these will be funded out of PDG it would not have revenue budget implications for the Council. 26. The proposed joint working with the other 4-5 Surrey Authorities, on Sustainability appraisal, is estimated to result in at least a 30% cost saving. The production of the Annual Monitoring Report is likely to increase the breadth of information and analysis of the performance of policies compared to that previously undertaken. A review of the how and what is to be monitored will be carried out to examine possible corporate efficiencies that may be achieved. Consultation 27. The preparation of the LDF will include public consultation on future planning policies for the Borough. The Committee’s views will be considered by Executive on 17th March 2005. Policy Framework 28. The LDF will set out the future spatial planning policy for the Borough as required by the new planning legislation. Conclusions 29. The LDS sets out the Council’s future planning policies, for both existing and the next 3 years and what policies are to be saved, as an existing plan, subject to First Secretary of State’s approval. The Overview & Scrutiny Committee is requested to give observations on the draft LDS which will be submitted to the Executive for their consideration on 17th March 2005. Background Papers: Draft Proposals for a Local Development Scheme
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