Meeting documents
Cabinet
Wednesday, 7th March, 2007
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Bath & North East Somerset Council |
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MEETING: |
Council Executive |
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MEETING DATE: |
7th March 2007 |
AGENDA ITEM NUMBER |
11 |
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TITLE: |
Local Development Scheme April 2007 to April 2010 |
EXECUTIVE FORWARD PLAN REFERENCE: |
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1381 |
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WARD: |
All |
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AN OPEN PUBLIC ITEM |
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List of attachments to this report: Bath & North East Somerset Local Development Scheme April 2007 to April 2010 |
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1 THE ISSUE
1.1 To agree the statutory programme of work to be undertaken between April 2007 and April 2010 to provide a policy platform, upon expiry of the Local Plan in 2011, for the delivery of future development objectives within the District and the significant development requirements of the Regional Spatial Strategy, and to provide a sound and robust basis for the control of development. These policy documents form the Bath & North East Somerset Local Development Framework.
2 RECOMMENDATION
2.1 The Council Executive resolves that:
(i) the revised Local Development Scheme is agreed for submission to the Government Office for the South West and,
(ii) that the revised Local Development Scheme comes into effect on 11th April 2007 and,
(iii) the authority is delegated to the Assistant Director for Planning & Transport Development, in conjunction with the Council Executive Member for Sustainability & the Environment, to make minor consequential and editorial amendments to the Local Development Scheme.
3 FINANCIAL IMPLICATIONS
3.1 The preparation and publication of a three year work programme in the Local Development Scheme (LDS) is a Government requirement. The Secretary of State will not endorse a LDS which does not set out a realistic and deliverable programme or is not adequately resourced and supported. The LDS is being discussed informally with the GOSW but after submission, the Secretary of State has the power to direct a LPA to amend its LDS if it considers this is necessary.
3.2 The resources required for the three year work programme include the funding of £200K within the 2007/08 budget agreed by Council on the 20th February. In respect of the future years, £200K will be necessary in 2008/09 and £250K in 2009/10. These future sums will need to be considered by the Executive in its future Corporate Plan development and associated Financial Planning Review.
3.3 The Government uses the progress of the implementation of the LDS as one of the determinants of the level of financial grant to the Council, currently termed Planning Delivery Grant.
4 COMMUNITY STRATEGY OUTCOMES
Promoting a 'sense of place' so people identify with and take pride in our communities
Celebrating the contributions people from different backgrounds and with different experiences can make, and promoting equality of opportunity
Sharing resources, working together, and finding new ways of doing things
Building communities where people feel safe and secure
Taking responsibility for our environment and natural resources now and over the long term
Improving our local transport
Improving our housing situation for local people
Improving local opportunities for learning and gaining skills
Improving our local economy
Improving our local environment
Improving our local health and social care
4.1 See also para 7.9 below.
5 CORPORATE IMPROVEMENT PRIORITIES
Reducing fear of crime
Improving the environment for learning
Cultural Development
Reducing Landfill
Increase in Affordable Housing
Improving the Quality of Public Transport/Roads/Pavements and easing congestion
Developing a sustainable economy
Improving the public realm
Improving customer satisfaction
6 CPA KEY LINES OF ENQUIRY
Ambition for the community - i.e. What the Council, together with its partners, is trying to achieve
Prioritisation of ambitions
Increasing capacity of the Council to deliver ambition for the Community to ensure we achieve what we say we will
Managing performance of community ambition to ensure we achieve what we say we will
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
Improving engagement with and a range of services for Older People and Children and Young People
7 THE REPORT
7.1 The first Bath & North East Somerset Local Development Scheme (LDS) was approved by Council in February 2005 and revised in November 2005. A more fundamental review is now required to enable the Council to engage fully with the emerging Regional Spatial Strategy (RSS) growth proposals as explained below. Proposed LDS changes are summarised in paras 7.5 & 7.6 below.
7.2 The Local Plan provides a firm policy foundation to guide and deliver the necessary development needed in the District until 2011. However, before the Local Plan expires in 2011 the Council will need to have in place the next generation of planning policy documents to ensure that the unprecedented levels of development arising from the Regional Spatial Strategy are brought forward in a controlled and sustainable way and also to enable delivery of the spatial objectives of the emerging Visions for Bath and North East Somerset and the Community Strategy. This will primarily be the Core Strategy along with a site specific development delivery document.
7.3 In addition, the revised LDS includes a commitment to produce a Supplementary Planning Document on Developer Contributions/S.106 Agreements. This will enable capture of resources arising from the growth agenda in a comprehensive and consistent way and will, for example, assist in attainment of direct financial income for community projects, infrastructure provision and related matters. A further and related proposal is that the existing Supplementary Planning Guidance (SPG) on Affordable Housing is revised and updated as a Supplementary Planning Document (SPD - which carries more weight than SPG), again so that the council is "geared up" to engage robustly with the looming growth agenda.
7.4 The Planning & Compulsory Purchase Act 2004 requires the Council to set out its programme for the preparation of policy documents in its LDS. This enables all those with an interest in the development process to be made aware of and engage in the process. The LDS effectively is the Council's planning policy work programme for the next three years and it must be agreed with the Government Office for the South West (GOSW) who will send it to the Secretary of State for final approval. Past award of Planning Delivery Grant has been directly related to the Council meeting the programme set out in the LDS. Whilst this system is under review, GOSW has advised that the principles of approach will continue.
7.5 Development Plan Documents (DPDs) are statutory policy documents whose preparation is controlled though statutory processes and which are subject to independent public examination into their `soundness'. Supplementary Planning Documents (SPDs) supplement policies contained in DPDs and, whilst they too must follow a statutory process, are not subject to formal examination. SPDs consequently can be prepared more quickly than development plan documents.
Existing documents in the LDS
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7.6 |
Bath & North East Somerset Local Plan |
This is scheduled for adoption in May 2007 & no change is proposed to its timetable |
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Annual Monitoring Report |
A Statutory requirement for submission to GOSW every December. This monitors the effectiveness of policies and assists with policy review. |
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Statement of Community Involvement |
No change to existing timetable |
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Bath Western Riverside SPD |
Adopted for Development Control purposes in October 2006 but formal adoption is dependent on adoption of Local Plan due May 2007 |
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Lower Bristol Road SPD |
This SPD will be discontinued and the site will be progressed through the Development Team |
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Bath City-wide Character Appraisal SPD |
This document has been adopted and so will be deleted from the LDS |
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Streetscape Manuel SPD |
This document has been adopted and so will be deleted from the LDS |
Additions to the LDS
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7.7 |
Core Strategy DPD |
Preparation of a Core Strategy is mandatory. It will provide the spatial development strategy for the district for a 10 year period from 2010/2011 establishing how the levels of development in RSS will be accommodated and provide effective protection for the environment. The approach will need to be validated through public consultation and sustainability appraisal. |
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Joint Waste DPD |
Joint DPD with West of England Authorities |
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Development Delivery DPD |
In conjunction with the overarching Core Strategy, a DPD is needed to make specific development sites allocations and secure the mechanisms for delivery. |
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Planning Obligations SPD |
This SPD is needed urgently to ensure developer contributions for new development are secured in a robust, consistent and comprehensive approach. |
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Locally Important Buildings SPD |
To supplement existing policy in the Bath & North East Somerset Local Plan to ensure protection of buildings which are not listed but which are locally Important for character or historic reasons |
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Sites of Nature Conservation Importance SPD |
To supplement policies in the Bath & North East Somerset Local Plan to provide clarity on the selection and designation of locally important wildlife sites |
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Replacements dwellings & extensions in the Green Belt |
To supplement policies in the Bath & North East Somerset Local Plan to provide clarity on Policies HG.14 & GB.1 |
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Affordable Housing SPD |
To supplement policies in the Bath & North East Somerset Local Plan to provide clarity on Policies HG.8 & 9 on affordable housing. |
7.8 Further details on the status and contents of these documents can be found on pages 8 to 16 of the draft LDS (see attachment to this report).
7.9 The Government is strongly encouraging local authorities to integrate the Core Strategy with the Sustainable Community Strategy to ensure objectives which have spatial implications are fully aligned. Preparation of the Core Strategy provides the opportunity to work with the Local Strategic Partnership on the delivery and revision of the Community Strategy and to collaborate on community engagement, a shared evidence base and applying sustainability objectives.
8 RISK MANAGEMENT
8.1 The report author and Lead Executive 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
9.1 The LDS review is needed to meet regulatory requirements and for the reasons set out in section 7 above.
9 OTHER OPTIONS CONSIDERED
10.1 The preparation and maintenance of an up-to-date LDS is a statutory requirement of the Planning and Compulsory Purchase Act 2004. The Act and Planning Policy Statement 12 "Local Development Frameworks" provide clear guidance on the form and content of the Local Development Scheme. Failure to maintain an up-to-date Local Development Scheme would contravene the Act, may result in the Secretary of State directing the council to produce an LDS and would result in the failure to meet BVPI 200a and 200b.
10 CONSULTATION
11.1 The LDS is not subject to public consultation but it does set out the programme for the preparation of policy documents which will assist others to plan their engagement in the process. Once the LDS is agreed, it will be submitted to the Government Office for the South West for the Secretary of State's approval.
12 ISSUES TO CONSIDER IN REACHING THE DECISION
12.1 Social Inclusion; Customer Focus; Sustainability; Property; Human Rights; Corporate; Other Legal Considerations
13 ADVICE SOUGHT
13.1 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.
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Contact person |
Simon de Beer, Planning Policy Team, (7616) |
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Sponsoring Executive Member |
Cllr Gerry Curran, Executive Member for Sustainability and the Environment |
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Background papers |
N/A |
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Please contact the report author if you need to access this report in an alternative format |
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