Meeting documents

1 THE ISSUE

1.1 The Planning & Compulsory Purchase Act 2004 introduced a new system of plan making involving the preparation of a series of Local Development Documents. Under the system the first thing local authorities must do is prepare a Local Development Scheme (LDS) setting out which documents the Council will produce over the next three years. It must be submitted to the Secretary of State by the 24^th March 2005 and this report seeks approval for the Bath & North East Somerset LDS.

2 RECOMMENDATION

2.1 The Council Executive is asked agree to recommend to Council that:

2.2 (i) the Bath & North East Somerset Local Development Scheme is agreed for submission to the Secretary of State and

2.3 (ii) the scheme should have effect from the 24^th March 2005.

3

FINANCIAL IMPLICATIONS

3.1 The work programme set out in the Local Development Scheme is covered as follows:

3.2 The Bath & North East Somerset Local Plan - from existing budgets (2004/2005) and proposed budgets (2005/2006);

3.3 Statement of Community Involvement covered mainly from existing staff budgets in the next financial year;

3.4 Bath City-wide Character Appraisal Supplementary Planning Document - covered within existing budgets;

3.5 Streetscape Manual Supplementary Planning Document - covered within existing budgets.

4 THE REPORT

4.1 The Planning and Compulsory Purchase Act (2004) introduces a new system of "plan making". It replaces Structure Plans and Local Plans with a new system that involves the preparation of a series of Local Development Documents contained within an overall Local Development Framework (LDF) - in the case of Bath & North East Somerset District, the Bath & North East Somerset Local Development Framework. These new documents will provide the planning spatial strategy, policies and guidance for the District.

4.2 Under the new system, the first thing that local planning authorities must do is prepare a Local Development Scheme (LDS). This sets out the documents that the Council will produce over the next 3 years that will be incorporated into the Bath & North East Somerset Local Development Framework. More specifically the LDS:

explains what Local Development Documents the Council intends to produce

the subject matter and geographical area of the documents

the timetable for the preparation of those documents

4.3 It also explains the different status of documents and transitional arrangements as we move from the old system of Structure Plans and Local Plans to the new system so that the full range of relevant planning policy documents can be understood. Under the transitional arrangements work will continue on the preparation of the Bath & North East Somerset Local Plan until its adoption expected in 2006.

4.4 The Local Development Framework (LDF) will consist of a number of `Local Development Documents" or LDDs for short. They can deal with different issues or geographic areas, but when taken as a whole they should set out the framework for delivering the spatial planning strategy for the area and provide the basis for managing and controlling the development and use of land in Bath & North East Somerset.

4.5 `Spatial' planning means that LDDs should not just be concerned with the physical aspects of location and land use but also economic, social and environmental matters. They will need to give spatial expression to those elements of other strategies and programmes, particularly the `Community Strategy' which relate to the use and development of land.

4.6 There are three types of LDDs:

4.7 There are also different types of Development Plan Documents which include:

Core Strategy - This sets out the Vision for the area from which all other parts of the LDF flow. It includes the strategic objectives and spatial strategy necessary to deliver the Vision and the core policies to meet these objectives.

Area Action Plans - These focus on implementation, and are a tool for ensuring development of an appropriate scale, mix and quality for key areas of opportunity, change and/or conservation.

Site Specific Allocations and policies - These allocate specific areas of land for particular uses, or for a mix of uses, to ensure that there is sufficient land to meet housing and employment requirements for example.

Proposals Map - This DPD shows on an Ordnance Survey base map where the proposals and designations in other DPDs will apply.

Generic Development Control Policies - These should be topic related and set out criteria against which planning applications for the development and use of land and buildings will be considered. They should help deliver the core strategy and should not repeat national planning policy statements.

4.8 The Local Development Scheme is a public statement of the local planning authority's programme for the production of local development documents. Local planning authorities must submit their first Local Development Scheme to the Secretary of State within six months of commencement of Part 2 of the Act i.e. 24^th March 2005.

4.9 The scheme should be revised when necessary. This may either be as a result of the annual monitoring report which should identify whether the local planning authority has achieved the timetable set out in the scheme or if there is a need to revise and/or prepare new local development documents. Revisions must be submitted to the Secretary of State for approval.

4.10 The Local Development Scheme should focus on the first three years from the commencement of the Act, they should also indicate in general terms what future work is proposed beyond that three year period, particularly in terms of reviewing or supplementing the documents proposed in the scheme. The Local Development Scheme should also set out complete timelines for production, from evidence base developments to adoption, for all documents whose preparation commences within the first 3 years.

4.11 Existing adopted structure and local plans and unitary development plans will retain development plan status and will automatically become `saved' policies for a period of three years from commencement of the Act. For plans in preparation the three year period will commence from the adoption or approval of the draft plan.

4.12 During the three year period local planning authorities should bring forward local development documents to replace saved policies in accordance with their Local Development Scheme.

4.13 The main implications for Bath & North East Somerset is that the current adopted 1997 Bath Local Plan and 2002 Joint Replacement Structure Plan will retain Development Plan status for three years and work can continue to the adoption of the Bath & North East Somerset Local Plan which will then retain its Development Plan status for at least another three years to 2009/2010. There are provisions which allow plans or policies to be saved for more than three years following approval of the Secretary of State through a review of the Local Development Scheme. The Wansdyke Local Plan 1995 Deposit Draft as amended 2000 does not carry the status of an adopted Local Plan nor is it a plan in preparation. It therefore falls outside the legislative guidance but can continue to be a material consideration before being superseded by the Bath & North East Somerset Local Plan.

4.14 Existing Supplementary Planning Guidance will continue to exist as non-statutory guidance whilst relevant saved policies are in place. These must be listed in the LDS and will be regarded as being a material consideration in the determination of planning applications. The LDS should also identify the programme for replacing supplementary planning guidance with supplementary planning documents.

4.15 A recent letter from the ODPM advises local authorities that for PSA6 purposes the test of completion of the LDF is whether the LDS milestones have been met, not whether a complete existing set of set of documents are in place by 2007 (existing adopted plans are only automatically saved for three years). The focus should be on preparing documents which are critical in tackling the planning problems the authority faces and which are not addressed in the emerging and existing local plans.

4.16 The letter sets out two key priorities for the first LDS which are the Statement of Community Involvement and the Core Strategy. However, the ODPM advises that if there are suitable up-to-date and strategic saved policies in place these may fulfil the role of a Core Strategy and local planning authorities may be able to go straight to preparing site allocation development plan documents or Area Action Plans as appropriate to address the planning issues which demand urgent attention.

4.17 In the case of Bath & North East Somerset the existing Joint Replacement Structure Plan and the emerging Local Plan does set out a core strategic policy for the area to 2011 and with the Regional Spatial Strategy now under preparation it may be appropriate to move straight to an Area Action Plan if emerging Regional Spatial Strategy identifies Bath & North East Somerset for major development proposals.

4.18 For this reason and following advice from the Government Office for the South West (GOSW) no work on a core strategy is proposed at this stage, but this can be reviewed next year in the context of the progress of the RSS and its spatial strategy.

4.19 It is proposed that work for the coming year will focus on completion of the Bath & North East Somerset Local Plan up to the end of the Public Local Inquiry in April and again following receipt of the Inspector's Report and consideration of modifications and adoption in 2006.

4.20 However, during the three year period it is also intended to start work on the Statement of Community Involvement and to complete two other supplementary planning documents - Streetscape Manual and Bath city-wide character appraisal.

4.21 After a review in a year's time it will be possible to add further LDDs dependent upon the outcome of the RSS work and whether the RSS submitted to the Secretary of State has enough status to be relied upon for production of new local development documents. GOSW has advised that such guidance is currently under consideration by the ODPM. The review will also present the opportunity to consider the inclusion of further supplementary planning documents and will prioritise the inclusion of those relating to Radstock and Keynsham town centres and Bath city centre.

4.22

4.23 The Local Development Scheme is attached as Annex 1 to this report. It contains the following main elements:

(1) Contents page (to be added)

(2) Introduction to the new planning system under the Planning & Compulsory Purchase Act 2004

(3) PART 1 Bath & North East Somerset Local Development Framework including:

Existing saved plans and proposed LDDs to be prepared over the next three years

Schedule of proposed LDDs

Project Management Programme for LDDs

(4) PART 2 Supporting Statement including:

Regional & Strategic Planning Context

Relationship with the Community Strategy and other Council strategies

The Evidence base

Priorities

Sustainability Appraisal

Monitoring and Review

Resources

Project Management with profiles and key milestones for production of LDDs in Appendix 2

Risk Assessment

(5) Appendix 1 - Existing approved supplementary planning guidance

(6) Appendix 2 - Profile for Local Development Document preparation

(7) Appendix 3 - Glossary of Terms

5 RISK MANAGEMENT

5.1 The deadline as set by the Secretary of State for the receipt of the Local Development Scheme is by 24^th March 2005.

5.2 The submission on time of the LDS and meeting the timetable and milestones set out for the preparation of Local Development Documents will influence the level of planning delivery grant received by the Council.

5.3 It is essential therefore that the scheme is approved before that date. In approving the scheme the Council commits itself to a programme of work which should be adhered to unless justified by the annual monitoring report or the need to prepare new local development documents. New Local Development Documents can only be added by revising the Local Development Scheme through submission to the Secretary of State.

6 RATIONALE

6.1 There is a statutory requirement to prepare an LDS and section 4 of the report sets out the rationale for the preparation of the LDDs proposed to be included.

7 OTHER OPTIONS CONSIDERED

7.1 A number of other documents were considered for inclusion in the LDS. These are listed below with reasons for deferring them for future consideration (see also para. 4.9 above).

(1) Core Strategy - not needed at the moment as existing approved Joint Replacement Structure Plan and emerging Local Plan provide strategic direction for the area. In addition the emerging Regional Spatial Strategy may result in the need to produce an area action plan or plans to address planning issues which require urgent attention.

(2) The following supplementary planning documents (SPDs):

7.2 The main reason for excluding these in the short term is the resource implications for carrying out the work and the need to ensure that the Bath & North East Somerset Local Plan proceeds successfully to adoption. The possible need to start early work on area action plans (see 4.17 above) is another factor.

7.3 The developer contributions SPD can, in the interim, be covered with a technical advice note. The need for contributions is set out in the Local Plan policies and the advice can set out how these should be calculated.

7.4 The accessibility criteria would be mainly prepared by Transportation, Access & Waste Management Services. However, further work on the programming of this work is needed and its inclusion can be considered when the LDS is reviewed.

7.5 Village Design Statements (VDS) are prepared by Parish Councils and have proved a useful tool in guiding the type of development in villages to meet the aspirations of the local community. Preparation of such guidance would need to meet with new statutory requirements for production of supplementary planning documents, including meeting the consultation requirements of the statement of community involvement (or in the interim the minimum consultation requirements as set out in the planning regulations) and be subject to sustainability appraisal. In this context there needs to be further consideration on VDS preparation and status and Parish Councils should be consulted on this.

7.6 The inclusion of additional SPDs can be considered when the LDS is reviewed.

8 CONSULTATION

8.1 There is no requirement in the Planning Regulations for public consultation on the Local Development Scheme but consultation with both the Government Office for the South West (GOSW)) and the Planning Inspectorate is necessary. Whilst meetings have taken place with GOSW and the Inspectorate, dialogue is still ongoing relating to the receipt of the Bath & North East Somerset Local Plan Public Local Inquiry Inspector's Report and a service level agreement that is consistent with the proposed timing of any LDD examination. An update report will be given at the meeting.