Meeting documents

1 THE ISSUE

1.1 This Report seeks approval to adopt the Bath Western Riverside Supplementary Planning Document.

2 RECOMMENDATION

The Cabinet agrees that:

2.1 The Bath Western Riverside Supplementary Planning Document be adopted.

3 FINANCIAL IMPLICATIONS

3.1 Budgetary Provision has been made to cover the adoption of the Bath Western Riverside Supplementary Planning Document.

3.2 There is a limited budget available for printing the SPD. In line with the Statement of Community Involvement hard copies of the SPD will be available for members of the public to view in all libraries in the district as well as a number of Council Offices. The SPD will also be available to download from the Council's website free of charge.

4 COMMUNITY STRATEGY OUTCOMES

• Promoting a 'sense of place' so people identify with and take pride in our communities
  
• Building communities where people feel safe and secure
  
• Taking responsibility for our environment and natural resources now and over the long term
• Improving our housing situation for local people
  
• Improving our local economy
  
• Improving our local environment

5 CORPORATE IMPROVEMENT PRIORITIES

• Increase in Affordable Housing
  
• Improving the Quality of Public Transport/Roads/Pavements and easing congestion
  
• Developing a sustainable economy
  
• Improving the public realm

6 CPA KEY LINES OF ENQUIRY

• Creating and developing a better quality of life for the area through

• o Sustainable Communities and Transport

  o Safer and Stronger Communities

  o Healthier Communities

7 THE REPORT

Background: Bath Western Riverside Supplementary Planning Document

7.1 The role of the Bath Western Riverside Supplementary Planning Document (BWR SPD) is to expand and provide further detail to policies in a Development Plan Document, in this case the adopted Bath & North East Somerset Local Plan. The SPD cannot be used to formulate new planning policy. The Adoption of the Bath Western Riverside Supplementary Planning Document (BWR SPD) would be the final, recognised act of validation of an SPD set out in Government guidance, this gives an SPD maximum weight in the consideration of planning applications. This report seeks approval for the adoption of this SPD, including the amendments outlined in Appendix 1.

7.2 The Council Executive approved the Bath Western Riverside Supplementary Planning Document (as amended) for use for development control purposes on 11^th October 2006 (effective from 12^th October 2006). Therefore the SPD already carries substantial weight in the consideration of planning applications. The Council Executive was minded to adopt the SPD following the adoption of the Bath & North East Somerset Local Plan. It was agreed at this time that a report would be brought to a future Cabinet meeting to agree recommend the adoption of the BWR SPD.

7.2 The Council agreed that the Local Plan should proceed to adoption on 13^th September 2007, and the Local Plan was adopted on 18^th October 2007. The Council agreed to the proposed modifications to the wording of Policy GDS.1/B1 Bath Western Riverside to make reference to the BWR SPD and review the development delivery programme. This was in accordance with the Inspector's recommendations. The boundary of the site was also modified to exclude the Bath Press area.

Amendments to the Bath Western Riverside Supplementary Planning Document

Issues which do not require amendments to the Bath Western Riverside Supplementary Planning Document

Building Heights

7.6 Members may be interested to know that the SPD has recently been used to negotiate down the proposed building heights as part of the recent planning application for a significant part of the site.

Flood Risk

7.7 Flood Risk issues were considered in the site allocation of BWR through the Local Plan process. Subsequently, the Government has introduced new National Policy in PPS25: Development and Flood Risk which is operated through the Development Control process by the Local Planning Authority in Partnership with the Environment Agency. Crest Nicholson undertook further analysis of the flood issues, and subsequently, the Environment Agency has confirmed that they have no strategic flood risk concerns in respect of BWR West. Future applications will have to take into account the new guidance in PPS25.

Conclusion

7.8 The Council is now in a position to formally adopt the version of the BWR SPD as agreed in the Minutes of the Council Executive on 11^th October 2006.

7.9 It should be noted that there will be opportunities to review the SPD as part of the future work on the Local Development Framework.

The Next Steps

7.10 If the Cabinet agrees to proceed to adopt the SPD, the document will be amended in line with the schedule of amendments prior to formal adoption.

7.11 In accordance with the regulations, on adoption of the SPD the following actions will be undertaken: publication of a consultation report for the SPD, SPD and associated documentation will be made available to members of the public in libraries and Council offices and on the website; all those who responded to the consultation on the SPD will be informed, by letter, that the SPD has been adopted; a copy of the SPD will be sent to the Government Office for the South West.

8 RISK MANAGEMENT

8.3 The report author and Lead Cabinet member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance.

9 RATIONALE

9.3 There is no longer any need to delay the adoption of the BWR SPD now that the Bath & North East Somerset Local Plan has been adopted. The BWR SPD supplements Local Plan policy GDS.1/B1 and other policies in the Local Plan and has already been adopted for Development Control purposed pending the adoption of the Local Plan.

10 OTHER OPTIONS CONSIDERED

10.3 None.

11 CONSULTATION

11.3 The following have been consulted: Cabinet Member; Section 151 Finance Officer; Monitoring Officer.

12 ISSUES TO CONSIDER IN REACHING THE DECISION

12.3 Social Inclusion; Sustainability; Property; Young People;; Corporate; Other Legal Considerations

13 ADVICE SOUGHT

13.3 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.