Meeting documents

(a) The implications of adoption of the Bath and North East Somerset Local Plan after 21 July 2006, which is the current deadline for adoption of Local Plans prepared under Sustainable Development Appraisal regulations.

(b) The current programme for adoption of the Bath and North East Somerset Local Plan and ongoing negotiations with the Planning Inspectorate to clarify and accelerate the adoption.

(c) The proposed programme for a Compulsory Purchase Order public inquiry for Southgate shopping centre redevelopment and its potential affect on the Local Plan adoption programme.

3 FINANCIAL IMPLICATIONS

3.1 There are no known costs to the local planning authority associated with the decision to have the Southgate CPO inquiry immediately after the local plan inquiry.

3.2 Any legal challenge (see 4.2 below) would have costs associated with defending the Council's position, which would have to be met by the Local Planning Authority. The Council's Risk Assessment will be updated to reflect this

4 THE REPORT

Background

4.1 The Council's Local Development Scheme needs to be submitted to GOSW by 24 March 2005. Submission by this date will enable the Council to benefit from the element of this year's Planning Delivery Grant relating to submission of the LDS. The Local Development Scheme focuses on the adoption of the B&NES Local Plan as the Council's principal Local Development Document. The LDS sets out the Council's anticipated programme for adoption of the Plan by December 2006. This takes account of the current, but unresolved inquiry reporting and adoption programme for the Local Plan

Strategic Environmental Assessment Regulations

4.2 Since commencement of drafting in 1999, the Bath and North East Somerset Local Plan has been subject to Sustainable Development Appraisal (SDA) under the terms of legislation which has now been superseded by a European Strategic Environmental Assessment (SEA) Directive which came into effect in July 2004. Office of the Deputy Prime Minister (ODPM) regulations relating to SEA of plans, allow authorities to complete plans under SDA regs if they will be adopted by 21 July 2006. If this is not anticipated, guidance allows an authority to continue under SDA regs if it considers it is not feasible to switch to the new system. The authority must produce a statement supporting this decision. Should the Council fail to adopt its plan by 21 July 2006, it will need to rely on its SDA statement.

4.3 The ODPM are now reconsidering their transitional guidance to authorities on this matter. They may take a more cautious approach and intervene in plans which are not scheduled to be adopted by July 2006,

4.4 Bath and North East Somerset Local Plan has produced an SDA statement, as adoption cannot be guaranteed prior to the July 2006 deadline due to the current outline inquiry reporting and plan adoption programme. A change of position on the programme could lead to ODPM intervention to prevent adoption of the B&NES plan after the inquiry.

Bath and North East Somerset Local Plan Adoption Programme

4.5 As the Local Plan inquiry is not complete the inspector can only give a worst case programme for delivering her report to the Council. This currently anticipates submission by April 2006. This prevents adoption of the plan before December 2006, which is reflected in our LDS.

4.6 The Council are in ongoing negotiations with the Planning Inspectorate (PINS) to resolve the fastest possible adoption programme with a target of adoption before 21 July 2006.

4.7 The Council has put in place improvements suggested by the Inspectorate including supporting an additional inspector and has prioritised resources to meet its responsibilities to the Inquiry and provide every possibility of achieving an early adoption. The Inspectorate will aim to facilitate early consideration by the Council of sections of the draft Inquiry Report rather than waiting till the full draft report is completed.

4.8 PINS have adopted a cautious position at present. Following completion of the Inquiry in April/May the inspector will be able to give an informed reporting programme. There is a good likelihood that the reporting programme can be shortened to allow adoption earlier than December 2006 as currently indicated in the draft LDS, and potentially before the July 2006 SEA deadline, removing the risk of challenge.

4.9 In addition to a faster reporting programme from PINS, achievement of the July 2006 adoption target will rely on a swift and smooth adoption process being undertaken by the Council following receipt of the inspectors report.

4.10 Upon resolution of a confirmed reporting and adoption programme the Council's LDS can be revised.

Southgate Compulsory Purchase Order Public Inquiry

4.11 The implementation of the redevelopment of Southgate Shopping Centre requires a Compulsory Purchase Order (CPO) Public Inquiry. The Council wishes to secure an earlier date for this to facilitate delivery of the project. Following an approach to PINS, they have offered to conduct the CPO inquiry immediately after the Local Plan Inquiry, at the beginning of May, utilising the Local Plan inspector. The inspector has stated to the Council that she expects the Southgate CPO Inquiry process will take about 10 days in total, including both inquiry and reporting time.

4.12 The proposed arrangement has advantages to delivery of Southgate, and will benefit from evidence presented at the Local Plan Inquiry. However, the additional time will be added to the Inspector's reporting time for the Local Plan Inquiry which could affect the Plan adoption date. Whilst it will slightly increase the difficulties in speeding up the reporting and adoption programme to meet the July 2006 target, the implications are expected to be minimal and outweighed by the advantages.

4.13 If accepted, the CPO inquiry programme will not affect the programme for adoption of the Local Plan and stated in the draft Local Development Scheme.

5 RATIONALE

5.1 See main Report

6 OTHER OPTIONS CONSIDERED

6.1 See main Report

7 CONSULTATION

7.1 See main Report