Studies on retail needs in the District, and gypsies and travellers' needs

Programme officer salary, equipment and stationery

Appointment of Counsel

Publishing pre-Inquiry changes

Pre-Inquiry meeting expenses

Additional administration expenses and printing and publishing Inquiry documents

Sustainable Development Appraisal

Preparation of Local Development Scheme

Temporary administrative support

4.1.1. Under the Town & Country Planning Act 1990 the Council is required to prepare a Local Plan for their area. The Local Plan seeks to improve the quality of life in Bath & North East Somerset and sets out policies for the use of land in the public interest. It is based on the principles of sustainable development and its policies aim to promote the development we need for a healthy economy and meeting social needs within an accessible environment while at the same time conserving and enhancing the environment. The theme of the Plan is therefore to provide `Balanced Communities'. It covers the period up to 2011 and will eventually replace existing local plans currently in use for development control purposes. Most importantly it provides the vehicle by which local residents, visitors, businesses, community organisations, voluntary groups and all those with an interest in the future of Bath & North East Somerset can influence the nature and location of development. The Government is committed to a Plan-led system and Section 54A of the Town & Country Planning Act 1990 requires that decisions made on planning applications should be in accordance with the development plan (Structure Plan & Local Plan) unless material considerations indicate otherwise.

4.1.2. Members may be aware that the Planning and Compulsory Purchase Bill will change the development plan system with the commencement date of the Act now expected in July 2004.

4.1.3. The effect will be that Structure Plans will be abolished and replaced by Regional Spatial Strategies prepared by the South West Regional Assembly and Local Plans replaced by Local Development Frameworks (LDFs) prepared by Unitary Authorities or District Councils. The LDF will consist of a folder of documents delivering a spatial strategy for the area containing a core strategy, proposals section and area action plans for key areas of change or conservation. A Statement of Community involvement will also be required. The aim is to provide flexibility in the timing of the preparation of different parts of the LDF with area action plans in particular being produced when needed.

4.1.4. However, Government guidelines on the transition between the current and new system make it clear that because of the stage already reached by the Bath & North East Somerset Local Plan the Council should continue the preparation under current legislation and regulations.

4.2. The Preparation and Consultation Process

4.2.1. Following the consideration of representations made on the Local Plan Deposit Draft in 2002 by the Executive on the 9^th July 2003 and Council on the 17^th July 2003 the Revised Deposit Draft Local Plan was published for public comment on 31^st October to 11^th December 2003 following statutory procedures. It consists of (i) a Written Statement setting out the detailed policies and reasoned justification for them and shows the changes made to the original 2002 Deposit Draft Local Plan; and (ii) the original 2002 Deposit Draft Proposals Map (maps showing where policies apply, and indicating proposals for new development such as land for mixed-uses, employment sites and recreational provision) together with additional maps and diagrams illustrating where changes have been made to the 2002 Deposit Draft maps. The Revised Deposit Draft Plan 2003 replaces the Deposit Draft 2002 and is now material in the consideration of planning applications.

4.2.2. At the Revised Deposit stage objections or supporting representations are limited to those policies and proposals which have changed between the 2002 Deposit and 2003 Revised Deposit stages. All outstanding objections will be considered at a Public Local Inquiry (PLI) held by a Government appointed Inspector. It is scheduled to start in January 2005. The Inspector is Mrs. Wendy Burden BA (Hons) DipTP MRTPI.

4.2.3. As part of the consideration of the representations by the Executive and Council there will be the opportunity to make pre-Inquiry changes although these are not part of the statutory plan preparation process and cannot be used as an alternative to the Revised Deposit stage.

4.2.4. They require a formal modifications procedure, possibly requiring a modification inquiry, following the first PLI to incorporate the changes into the Plan, and may therefore delay the adoption of the Plan. The Government advises therefore that they should be made only in exceptional circumstances. However, provided that the matters raised by any objections relating to the pre-Inquiry changes have been fully considered at the forthcoming PLI a modifications inquiry will not normally be necessary. In this context it is considered best to make changes to improve the content of the Plan at this stage rather than later.

4.2.5. The Office of the Deputy Prime Minister (ODPM) advises that any pre-Inquiry changes should be advertised in the same way as the deposited Plan and representations invited. Those making objections in the specified time can pursue these at the Public Local Inquiry. As they do not have the same procedural status as objections to the deposited Plan, the Inspector will need to be asked to consider such representations.

4.2.6. The report below explains that a number of pre-Inquiry changes are proposed. It is planned to advertise the pre-Inquiry changes for a six week period beginning on the 20^th August to the 30^th September.

4.2.7. In some circumstances potential changes to the Plan may arise in discussion at the Local Plan Inquiry. The ODPM guidance advises local authorities to consult with those affected where possible. In order not to hold up proceedings the Head of Planning Services will need delegated authority to make such changes.

4.2.8. Following advertisement of the pre-Inquiry changes a pre-Inquiry meeting (PIM) will be held by the Inspector to discuss the programme and timetable and to deal with any queries about the way in which the proceedings of the Public Local Inquiry are to be conducted. It is anticipated that the date for the pre-Inquiry meeting will be the 5^th October to be held at a suitable venue in Bath. A Programme Officer has already been appointed who will organise the programme with the Inspector and deal with the administration of the PLI. Other than at the pre-Inquiry meeting and PLI objectors and the Council can only make contact with the Inspector through the Programme Officer.

4.2.9. The Inquiry itself is proposed to open on Thursday January 11^th 2005 with the time following the PIM used for final preparation of the programme by the Programme Officer and for officers to prepare evidence relating to outstanding duly made objections (about 4,500 in total).

4.2.10. Many objections will be dealt with through written representations without the need for an appearance at the PLI and the aim at the PLI will be to make as many objections as possible heard at informal hearings rather than through formal Inquiry procedures.

4.2.11. The Inquiry will be held at Keynsham Town Hall as the only suitable and available Council accommodation for the Inquiry. However, there will be scope for matters which have attracted large numbers of objections to be heard at venues closer to the source of those objections.

4.2.12. Because of the large number of objections the Inquiry is anticipated to last for at least 6 months and the Planning Inspectorate are strongly recommending that the Council agree to the employment of an Assistant Inspector to help speed up the process especially at the report writing stage.

4.2.13. After the PLI and receipt of the Inspector's report the Council will consider the Inspector's recommendations and make its decision on each recommendation publicly available. Where the Council choose not to accept a recommendation, clear reasons must be given for not doing so. An objection can be made to a decision not to accept an Inspector's recommendation. Following this, formal modifications are likely to be necessary before the Plan can be adopted.

4.2.14. About 3,086 representations were received on the changes contained in the Revised Deposit Draft made by around 474 respondents. 1,610 of these were duly made objections and 1,122 supporting representations. Around 600 of the objections relate to the University of Bath proposed expansion which was included in the Local Plan for the first time at the Revised Deposit stage. This includes a petition with 1,400 signatures. Other policies and proposals attracting significant number of objections include the following:

4.2.15. There was also support for some changes including the deletion of general development sites at south west Keynsham and on land south of Charlton Park, Midsomer Norton. At Timsbury the protection of the Primary School playing fields and for the extension of the visually important open space designation at Lansdown Crescent attracted considerable support.

4.2.16. Annex 1 of the report sets out the numbers of objections and supporting representations made to the revisions to policies and proposals as contained in the Revised Deposit Local Plan.

4.2.17. The Local Plan Project Group has met four times since the end of the consultation period for the Revised Deposit Draft. The Project Group consists of Councillor Rosemary Todd, Executive Member for Sustainability and the Environment, Councillor Sir Elgar Jenkins, Executive Member for Transport and Highways, Councillor Tony Cox, Councillor Peter Metcalfe, and Councillor Phyllis Gay, and officers representing a wide range of services.

4.2.18. The Project Group has advised the Executive Member for Sustainability and the Environment on a range of issues relating to the Local Plan as follows:

(i) Whether representations were duly made e.g. related directly to changes made between the Deposit Draft 2002 and Revised Deposit Draft 2003 and received on time;

(ii) The key issues arising from the representations;

(iii) Responses to the duly made representations and pre-inquiry changes.

(iv) Other internally generated pre-Inquiry changes;

(v) Errata to amend minor textual errors and update factual information;

(vi) Responses to representations omitted at the 2002 Deposit Draft stage;

(vii) Responses to the comments made on the Sustainable Development Appraisal of the 2002 Deposit Draft;

(viii) The quashing of Policy 37 of the 2002 Adopted Joint Replacement Structure Plan on provision for gypsies and travellers;

(ix) Sustainable Development Appraisal of the 2003 Revised Deposit Draft and Impact of the European Directive 2001/42/EC on Strategic Environmental Assessment;

(x) Statements of Agreement on partially resolved objections;

(xi) Delegated authority to the Head of Planning Services to make further changes; and

(xii) Use of the Plan for Development Control purposes.

4.2.19. Each of these is discussed below.

(i) Duly Made Representations

4.2.20. Whilst the majority of representations made on the Revised Plan were made on the changes a number either related to unchanged text, policies and proposals or raised issues not included in the Plan. Other representations were late, or did not comply with the regulations in other ways. These are not therefore `duly made' and will not be forwarded to the Inspector for consideration. Annex 2 sets out these representations and explains why they are not duly made. The Executive is asked to recommend to Council the approval of these as not duly made representations.

(ii) Key Issues arising from Duly Made Representations

4.2.21. Whilst all issues raised by duly made representations are reported and responded to in the report there are a number of key issues which are brought to the attention of the Executive. These are set out in Annexe 3 and include the following:

· Eastern part of University of Bath campus, Claverton Down, Bath (expansion of University related facilities)

· Housing land supply and affordable housing policies

· General Development sites including:

· Introduction of the new "Sustainable Transport Route" designation

(iii) Response to Duly Made Representations

4.2.22. The Key Issues set out in Annex 3 give an indication of some of the responses to duly made representations and proposed pre-Inquiry changes. However, responses to these and all other representations are set out in full in Annex 4. These are in Plan chapter order and in the majority of cases no pre-inquiry change is recommended. For easy reference Annex 5 consolidates all the proposed pre-Inquiry changes to the Plan and gives the source. The Executive is asked to recommend to Council the approval of the responses to representations and pre-Inquiry changes set out in Annexes 4 & 5.

(iv) Other Internally Generated Pre-Inquiry Changes

4.2.23. Other pre-Inquiry changes have arisen as a result of issues raised by the Local Plan Project Group because of new information. They are shown in the consolidated schedule of pre-Inquiry changes set out in Annex 5. The Executive is asked to recommend to Council the approval of these pre-Inquiry changes set out in Annex 5.

4.2.24. A number of further studies are being undertaken which may necessitate further changes to the Local Plan at the pre-Inquiry stage or during the Inquiry. These studies include the Retail (City and Town Centres) Study, the A37 Park & Ride and Whitchurch bypass study and the gypsies and travellers needs study which still has to be commissioned (see paragraph 4.2.28 and Annex 7).

(v) Errata to Amend Minor Textual Errors and Update Factual Information

4.2.25. A number of minor textual errors have been identified in the Revised Deposit Draft text and Proposals Maps as well as the need to update some text. These do not have any bearing on the content of the policy framework and as such are to be submitted to the Inspector without being formally advertised as pre-Inquiry changes. These are also set out in Annex 5. The Executive is asked to recommend to Council the approval of these changes.

(vi) Response to Representations Omitted at the 2002 Local Plan Deposit Draft stage

4.2.26. A small number of representations were omitted when the Executive and Council agreed responses to the 2002 Deposit Draft. After consulting with those who made the representations it was agreed that the best way forward was to consider these at a future Council meeting in order not to delay the consideration of objections at the PLI.

4.2.27. The omitted representations and recommended responses are set out in Annex 6. Some of these have resulted in proposed pre-Inquiry changes. The Executive is asked to recommend to Council the approval of responses and pre-Inquiry changes set out in Annex 6.

(vii) The Quashing of Policy 37 of the 2002 Adopted Joint Replacement Structure Plan (JRSP) on Provision for Gypsies and Travellers

4.2.28. The quashing of Policy 37 of the JRSP has direct implications for the Local Plan criteria based Policy HG.16 on site provision for gypsies and other travelling people. Annex 7 sets out issues involved and recommends that in accordance with Government Circular 1/94 an appraisal of need in the District is carried out as part of a review of the policy prior to any changes to the current policy being made. The Executive is asked to recommend to Council approval of the approach set out in Annex 7.

(viii) Responses to Comments made on the Sustainable Development Appraisal of the 2002 Deposit Draft

4.2.29. Government guidance set out in PPG12 expects local authorities to carry out an environmental, economic and social appraisal of their local plans. Sustainable Development Appraisals (SDAs) were carried out at the Issues Report and Deposit stages of the Bath & North East Somerset Local Plan and results influenced the content of the 2002 Deposit and 2003 Revised Deposit Plans. A further SDA of the Revised Deposit Draft is also now being carried out (see item (ix) below).

4.2.30. The SDA carried out at the Deposit stage was published for consultation purposes at the same time as the Deposit Plan. These comments have now been analysed and are set out, together with proposed responses and actions in Annex 8 of the Report. They include comments ranging from procedural matters, suggestions for issues which should be included in the SDA; comments on the SDA results; and some comments which are objections to specific proposals in the Plan.

4.2.31. Some of the issues raised can therefore be incorporated into the next SDA methodology. Others which seek changes in the Plan require no action either because the changes sought have already been made at the Revised Deposit stage or the comment does not warrant a change. However, it is important that these responses are agreed by the Executive and Full Council in order that those who made representations can be informed of the Council's position. The Executive is asked to recommend to Council the approval of the responses and action points set out in Annex 8.

(ix) Sustainable Development Appraisal of the 2003 Revised Deposit Draft and Impact of the European Directive 2001/42/EC on Strategic Environmental Assessment

4.2.32. As stated in (viii) above SDAs are an important integral part of the Plan preparation process. A further SDA of the Revised Deposit Draft was also planned for last year.

4.2.33. However, it has been known for some time that this year a new European Directive 2001/42/EC will come into force on the assessment of the effects of certain plans and programmes on the environment and known as `Strategic Environmental Assessment' (SEA). The Directive requires environmental assessments to be carried out for a wide range of plans and programmes, including Local Plans and, under the Planning and the Compulsory Purchase Bill, the new system of Local Development Documents (LDDs) and Regional Spatial Strategies.

4.2.34. The objective of the SEA Directive is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans with a view to promoting sustainable development.

4.2.35. Although the Office of the Deputy Prime Minister (ODPM) published Draft guidance notes on the implementation of the Directive in October 2002 and the final version in October 2003 the Draft Regulations on SEA have only recently been published for consultation. The regulations clarify the circumstances when an appraisal under the SEA Directive is needed.

4.2.36. The ODPM Guidance makes it clear that to be effective, SEA should be fully integrated into the plan making process. It should be started as soon as a new or revised Local Plan is first considered, and should make inputs at each stage where decisions are taken. Annex 9 is an extract from the ODPM guidance and outlines the stages of plan making and SEA. As can be seen it should influence all stages of preparation of a Local Plan from the first issues and options through to the deposit, adoption, monitoring and plan implementation.

4.2.37. Following Royal Assent in May 2004, the Planning and Compulsory Purchase Bill is expected to become law by July 2004. It will make it mandatory for a Sustainability Appraisal to be carried out for all LDDs. These will include consideration of social, economic and environmental issues but in carrying them out Local Planning Authorities must meet fully with the SEA Directive. The SEA Directive will also become law in July 2004.

4.2.38. Regulation 6 of the Draft SEA Regulations requires an environmental assessment of plans and programmes whose first formal preparatory act is on or before 21 July 2004 which are not adopted or submitted to the legislative procedure by 22 July 2006, and which would have required an assessment had their first formal preparatory act been after 21 July 2004. However, an assessment will not be required for such plans and programmes if the responsible authority decides it would not be feasible and informs the public of that decision. Under the current Bath & North East Somerset Local Plan programme there is a possibility that it may not be formally adopted by the 21^st July 2006 date and therefore come under the Directive.

4.2.39. Advice from Government Office for the South West recommends the Council should at the minimum consider how far the Plan complies with the Directive already and what more could be reasonably done to make it so.

4.2.40. It is the view that such an assessment would not be feasible due to the stage the Local Plan had reached prior to the implementation of the SEA Directive and prior to the publication of both the draft and final ODPM Guidance on the Directive.

4.2.41. In the preparation of the Local Plan both the Issues Report and Deposit stage had been reached prior to the publication of ODPM guidance documents, yet the ODPM guidance states the SEA process should be incorporated from the Issues and Options stage. It is therefore proposed that a statement should be prepared explaining why it is not feasible to carry out an assessment under the SEA Directive which should then be made publicly available.

4.2.42. Because of the uncertainty of whether SEA Regulations would need to be met, the SDA of the Revised Plan has been delayed. However, it is now appropriate that this should be carried out so that it can help inform the consideration of objections during the PLI and any future modifications to the Plan. Consultants have been appointed to carry out this work and will be reporting in September. Following this both the appraisal and public comments can be forwarded to the Inspector.

4.2.43. The Executive is asked to recommend to Council the approval of the approach set out above and give delegated authority to the Head of Planning Services in consultation with the Executive Member for Sustainability and the Environment to prepare a statement under Regulation 6 of the Draft SEA Directive explaining why it is not feasible to carry out an environmental assessment under the terms of the European Directive. This should be published after the final Regulations are in force.

(x) Statement of Agreement on Partially Resolved Objections

4.2.44. Paragraph 23 of the ODPM document - `Local Plans & Unitary Development Plans: A Guide to Procedures', indicates that where objections are partially resolved by the Council's response, a written statement should be jointly produced by the planning authority and the objector which outlines those aspects of the objections which remain unresolved (referred to in this report as a Statement of Agreement). This will help the Inspector at the Inquiry to concentrate on the unresolved matters, helping to reduce the amount of material to be discussed at the Inquiry. The non statutory guide indicates these should be placed on deposit for public inspection before the Inquiry opens.

4.2.45. Officers have made this offer to appropriate objectors and a number have indicated that they would like to agree a joint statement. In order to save time and spread the workload in drawing up such a statement officers consider the better option is for their incorporation into the opening section of evidence submitted by the Council for the PLI. These can be sent to objectors for agreement prior to the submission of their own evidence. Statements can be made available for public inspection before the issues involved are discussed at the Inquiry. If agreed officers will recommend this approach to the Inspector.

4.2.46. The Executive is asked to recommend to Council that the Head of Planning Services be given delegated authority in consultation with the Executive Member for Sustainability and the Environment to prepare such statements as set out above.

(xi) Delegated Authority to make Further Changes

4.2.47. Because of the large number and complexity of the representations made on the Revised Deposit Draft Local Plan it is possible that following the Council Executive and Council meetings in July some amendments to responses to representations and pre-Inquiry changes may be needed. For example, these might be needed because of a change agreed by Council resulting in the need for consequential changes to other parts of the Local Plan; to ensure consistency in responses and pre-Inquiry changes; to further clarify or correct responses; to update the Plan or amend textual or mapping errors; or in the light of new information. Also during the Public Local Inquiry, in the context of evidence submitted, further changes to the Local Plan may be considered necessary.

4.2.48. In order to avoid delay in progressing the Plan to the PLI it is recommended that the Executive recommend to Council that such amendments are delegated to be made by the Head of Planning Services in consultation with the Executive Member for Sustainability and the Environment.

(xii) Use of the Plan for Development Control Purposes

4.2.49. At the July 2003 Council Executive and Council Meetings the Revised Deposit Draft was approved for use for Development Control purposes. Because of the Plan being at a relatively early stage in the preparation process it carries limited weight at appeal. However, it does provide a far more up to date policy framework to aid the consideration of planning applications. The Executive is therefore asked to recommend to Council that the pre-Inquiry changes are approved for use for Development Control purposes.

5.1.1. The recommendations set out in the report are to meet the statutory requirements set out under the Town & Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 the commencement date for which is expected in July 2004.

5.1.2. If the recommended decisions are not taken then the Local Plan would either not progress toward adoption, or would be delayed.

5.1.3. The result would be the following:

(i) The Council will not be meeting its statutory obligation to produce a Local Plan.

(ii) Not progressing the Local Plan could result in a failure of the Council's planning role to deliver corporate objectives and Community Strategy and Corporate Plan priorities particularly relating to improving the quality of life and the environment and delivery of affordable housing.

(iii) The statutory planning policy framework used for determining planning applications will not be progressed making decision making more difficult and open to potential challenge.

(iv) It could prejudice the development of the major regeneration site at Western Riverside and lead to increased pressures for alternative greenfield development.

(v) Without progressing an up to date statutory planning policy framework there will be increased threats to the quality of the natural and built environment as inappropriate development may occur.

(vi) If the next stages of the Local Plan are not progressed then it could lead to the loss of Government Planning Delivery Grant.

(vii) Cancellation or delay in the start of the Public Local Inquiry could result in need to compensate the Planning Inspectorate for time the Local Plan Inspector has spent in preparation.

5.1.4. All these risks are highly likely to occur.

5.2.1. As the statutory processes are being followed then there is little risk in progressing the Local Plan preparation process. However, advertising pre-Inquiry changes does increase the risk of a further inquiry at the modifications stage (see para 4.2.4 above).