Meeting documents

1 THE ISSUE

1.1 This report seeks authority to publish a draft of the Bath Western Riverside Supplementary Planning Document (SPD) for public consultation.

2 RECOMMENDATION

2.1 The draft SPD and accompanying documents are published for public consultation for a period of six weeks.

3

FINANCIAL IMPLICATIONS

3.1 The SPD sets out a developer contributions strategy for BWR, and this will result in financial contributions being required from developers under s.106 agreements towards mitigating the effects of the development. The SPD sets this out mainly on a formulaic basis for in relation to residential and commercial development. This more transparent basis provides a better starting point for negotiation, and enables contributions to be sought on an equal basis over time, in what is expected to be a phased development.

3.2 This strategy will be part of an overall strategy which seeks to maximise sources of funding towards the infrastructure requirements arising from new development, in the context of the RSS and the `Vision for Bath'. To the extent that third party contributions can be maximised this reduces the burden that might otherwise fall on the Council's own resources.

3.3 The publication of the draft SPD and the consultation process will also incur a cost, which is accounted for in the Planning Service budget.

4 THE REPORT

4.1 In July 2003, following public consultation, Full Council resolved to adopt Supplementary Planning Guidance (SPG) for the Bath Western Riverside (BWR) site. The adopted SPG was subsequently published and has since been used as a key planning policy tool in negotiations and decisions relating to proposed developments at BWR, along with the emerging Bath & North East Somerset Local Plan.

4.2 A key requirement of the SPG is the preparation, including public consultation, of a Masterplan for BWR that allows for the comprehensive redevelopment of the BWR site in accordance with the objectives set out in the SPG and also the Bath & North East Somerset Local Plan.

4.3 Since the beginning of 2004 a masterplanning team has been working towards the production of a Masterplan on behalf of the Council and its partners. A key part of this exercise has also been the promotion, at the Local Plan Inquiry held during the first half of 2005, of the requirement for the comprehensive redevelopment of BWR and also the justification for the allocation of BWR for residential development within the Local Plan period to 2011, in the light of objections to these points.

4.4 Discussions held during the masterplanning exercise, having regard to the piecemeal approach of some landowners and developers at BWR, considered the issue of the status that a Masterplan should have. The Council's officers have received legal advice that, in order to provide a robust policy tool, the Masterplan should be prepared and consulted upon to achieve the formal status of a Supplementary Planning Document (SPD).

4.5 An SPD forms part of the Local Development Framework, under the new system of plan making introduced by the Planning and Compulsory Purchase Act 2004 and Planning Policy Statement 12: Local Development Frameworks. Under the new system, SPD status replaces SPG status, and also SPD status carries greater weight in decision-making than SPG status. The SPD will ultimately be supplementary to the adopted Bath & North East Somerset Local Plan, which will be a "saved" plan under the Local Development Framework.

4.6 Following the Council's submission of evidence relating to BWR at the Local Plan Inquiry, officers consider that an SPD would form a robust policy tool to meet the objective of maintaining a suitably comprehensive approach to the development of the entire BWR area, whilst allowing development to come forward in acceptable phases. This would achieve the required balance between securing comprehensiveness whilst facilitating delivery of residential units and supporting development in the short to medium term.

4.7 The draft SPD was written prior to the publication of the Local Plan Inspector's report. The issues raised by the Inspector's report will be taken into account as part of the consultation process.

4.8 The proposed SPD follows the Commission for Architecture and the Built Environment (CABE) guidance on preparing masterplans and is divided into three sections: the Strategic Framework; the Spatial Masterplan; and the Implementation Plan.

4.9 The Strategic Framework broadly sets out the context, both policy and physical, for the SPD. It sets out the vision statement and key principles for BWR and explains the role that the SPD has in achieving these. The SPD's conformity with the Development Plan Documents to which it is supplementary is set out, as is the SPD's relationship with key national planning policy documents. The Strategic Framework also sets out the development requirements for BWR including: comprehensiveness; affordable housing; transport infrastructure; and the key principle of "embedded" sustainability. This part of the SPD also summarises the physical parameters and baseline conditions affecting BWR. Finally, this section explains how the SPD relates to the "Future for Bath" Vision.

4.10 The Spatial Masterplan part of the SPD sets out, in diagrams and in text, the key spatial principles and requirements for the development of BWR. It sets out key requirements for making the river the principal focus for the development, high quality public realm, provision of a rapid transit system through the site, the quantum and disposition of uses within a mixed-use redevelopment, links through the site and with surrounding communities, opportunities for heritage enhancement, potential landmark opportunities, and opportunities for enhancement of the townscape.

4.11 The final part of the SPD is the Implementation Plan which sets out how development of BWR has to take place if it is to achieve the objectives that have been set. The Implementation Plan includes: a delivery strategy for BWR - setting out individual roles and delivery mechanisms; a phasing strategy - setting out which areas constitute acceptable phases within an overall comprehensive scheme, and requiring more detailed "concept masterplans" for these areas; developer contributions - including site-specific infrastructure and a formulaic approach to determining required s106 contributions; and information requirements for planning applications. Finally, the Implementation Plan includes, as a separate appendix, a set of Design Codes for BWR, which are there to provide greater control over the design of the development whilst providing a greater degree of certainty to all parties, in the interests of delivering a high quality development. The draft Design Codes are appended to this report.

4.12 The inclusion of a formulaic approach to s106 contributions increases transparency and hence facilitates the s106 negotiation. It also enables the Council to see contributions on an equal basis for different phases of the development, from different developers, over a period of time. The formulaic approach is in line with the recent ODPM Circular 5/2005 on s106 and the practice in other authorities, such as Bristol City Council. The SPD makes it clear that the formulaic approach will need to have regard to financial viability on a site by site basis, and is not intended to deter development.

4.13 At the meeting of 11^th January 2006 the Executive considered the Spatial Framework and the Business Plan Executive Summary that have been prepared for the Future for Bath project and resolved to accept them as the basis for a key input into the forthcoming BWR SPD. These reports have been considered during the preparation of the SPD, and the SPD specifically accords with them in the following ways:

(1) The SPD allows for the provision of a significant amount of new housing (at least 3000) and requires 30% of this to be affordable housing.

(2) The SPD requires the enhancement and greater utilisation of the Green Park Station area as part of Bath's retail and tourism offer.

(3) The SPD allows for the development of a cultural building towards the eastern end of BWR, where the relationship to the City Centre is closest.

(4) The SPD requires the provision of a Rapid Transit System through the site as a key part of an enhanced public transport network for Bath.

(5) The SPD requires positive connections between BWR and the City Centre.

(6) The SPD allows for the creation of a new neighbourhood that links to the rest of the City.

(7) The SPD requires the enhancement of the riverside environment, utilising these areas for walkways and cycle routes, including high quality public realm.

4.14 Following the six week public consultation process the responses will be collated and considered. As part of this process the Council can also finalise its response to the Local Plan Inspector's recommendations for BWR. The final version of the SPD will then be presented to Executive and Full Council with a recommendation that the SPD be adopted. The timescale for adoption is currently anticipated to be by October 2006.

5 RISK MANAGEMENT

6 RATIONALE

6.1 In order to enable development of the Bath Western Riverside site to be delivered as part of a comprehensive framework and in accordance with key Council and Government objectives.

7 OTHER OPTIONS CONSIDERED

7.1 Not preparing an SPD would prejudice the Council's ability to allow development at the site to come forward as part of a comprehensive framework. The absence of a detailed, site specific policy framework for BWR would increase the risk of development occurring in a piecemeal manner.

7.2 Different policy approaches within the SPD itself have been assessed as part of the Sustainability Appraisal process. The SPD itself has been amended in order to address the key recommendations of the Sustainability Appraisal. The separate Sustainability Appraisal report will form part of the public consultation process.

8 CONSULTATION

8.1 Ward councillors, Executive councillors, Overview & Scrutiny Panel, Other B&NES Services, Local residents, Community Interest Groups, Stakeholders/Partners, Other public sector bodies, Section 151 Finance Officer, Chief Executive, Monitoring Officer have been consulted as part of this process.

8.2 There has already been a degree of consultation within the Council regarding this document. This will continue as part of the lead-in to the Executive meeting.

8.3 The consultation process of course, will continue when the SPD and associated documents are published for public consultation.