Meeting documents

A.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 (LDDs) 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 spatial strategy, policies and guidance for the District.

A.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 Development Framework. More specifically the LDS:

A.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 you can understand the full range of relevant planning policy documents. Under the transitional arrangements work will continue on the preparation of the Bath & North East Somerset Local Plan until its adoption expected in 2006.

A.4 This document is in two parts. Part 1 outlines the documents to be produced, what they will cover, the timetable for their preparation and explains the relationship between them. Part 2 sets out a supporting statement highlighting the strategic context for the preparation of the documents, and the arrangements for preparing the documents. A key feature of the new system is the emphasis on community involvement in plan making. For this reason one of the first new local development documents that the Council will produce is the Statement of Community Involvement, which outlines how the community will be consulted and involved in the preparation of other documents. The scale and speed of change with the new planning system is very significant and the Council has to be realistic about the resources available to progress the preparation of documents. The LDS therefore seeks to prioritise to ensure that the most important issues are progressed first.

A.5 This LDS has been prepared in consultation with the Government Office for the South West (GOSW) and the Planning Inspectorate (PINS). This LDS was approved by the Council on [薅85.] and by the Secretary of State on [薅..].

A.6 This LDS will be reviewed annually. The flexible nature of LDFs means that new documents can be added to the LDS and prepared as circumstances change.

A.7 Appendix 3 sets out a glossary of terms used in the Local Development Scheme.

1.1 The Local Development Framework 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.

1.2 `Spatial' planning means that LDFs 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.

1.3 There are three types of LDDs:

1.4 Development Plan Documents which local planning authorities should prepare include the following:

1.5 Development Plan Documents may form one document covering a range of policy areas or a number of individual documents. Individual development plan documents or coherent parts of a single development plan document will be able to be reviewed independently from other development plan documents.

Existing Adopted Structure and Local Plans and Plans under Preparation - Transitional Arrangements

1.6 The Planning and Compulsory Purchase Act (2004) provides for transitional arrangements to allow for a smooth handover between the old system under the 1990 Planning & Compensation Act and new.

1.7 It allows for adopted structure and local plans to be `saved' for a period of three years from commencement of the new `Act' which is September 28^th 2004. For plans in preparation the three year period will start from adoption of the draft plan. This means that the policies and proposals in those plans are still `live' and can be used in making planning decisions. They still form part of the development plan for the time being or until they are replaced by new Local Development Documents (LDDs).

1.8 For Bath & North East Somerset the following plans are saved until September 2007 or until replaced:

1.9 The approved Regional Spatial Strategy will replace the Joint Replacement Structure Plan (see para. 2.2), whilst the Bath & North East Somerset Local Plan including minerals and waste policies (B&NES LP) will replace all other Plans listed above. The Bath & North East Somerset Local Plan will continue its preparation process and be saved for three years from its adoption date expected in 2006. As the Plan is still in preparation with the Public Local Inquiry starting on the 8^th February 2005 its preparation must be included in the Local Development Scheme and it effectively will constitute the Council's first Local Development Document.

1.10 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. This will be when it has reached the same stage as the Wansdyke Local Plan i.e. following receipt of the Inspector's report and publication of proposed modifications.

1.11 The transitional arrangements do not allow for the formal saving of approved supplementary planning guidance (SPG). However, the Council considers that the approved supplementary planning guidance set out in Appendix 1, a number of which supplement the emerging Local Plan, are still an important material consideration in the determination of planning applications as they elaborate on policies set out in saved plans. In addition it lists a number of SPGs currently under preparation which will be completed under the current procedures. Once the Bath & North East Somerset Local Plan is adopted SPG to all other Plans will no longer carry weight and will need replacement as Supplementary Planning Documents (SPDs).

Local Development Documents to be prepared by Bath & North East Somerset

1.12 The Council proposes to prepare the following documents during the period up to 2008:

1.13 Table 1 below sets out a schedule of the Local Plan and Local Development Documents to be prepared including a brief description of what the document covers, what other documents it has to conform to, and an indication of the timescales in relation to the key stages of preparation. Table 2 shows the project management programme for the preparation of each document. It also shows when work on Sustainability Appraisal/Strategic Environmental Appraisal will take place, anticipated dates for Council Executive and Council Meetings and Local Elections.

1.14 The Council does not propose to prepare a Core Strategy at this stage as the existing Joint Replacement Structure Plan and the up to date Bath & North East Somerset Local Plan will provide a spatial vision, strategic objectives and spatial strategy until 2011. The submission of the Regional Spatial Strategy to the Secretary of State by the Regional Planning Body, scheduled for the end of 2005 (see Para 2.2), will provide the opportunity to review whether the Core Strategy LDD should be added to the Local Development Scheme (see para. 1.17 below) or whether it is appropriate to move to an Area Action Plan.

1.15 Appendix 2 sets out a profile of the Local Plan and other Local Development Documents to be prepared. These profiles provide more detail about each document, the anticipated timetable and the practical arrangements for their production.

1.16 Diagram 1 shows the relationship between Local Development Documents and National and Regional Policy Documents.

1.17 In the context that the emerging RSS is likely to concentrate growth in the region at principle urban areas such as Bristol, Bath and Weston-super-Mare it will be necessary to move to the preparation of area action plans to deliver growth as soon as possible. The emerging Regional Spatial Strategy (RSS) will set out strategic direction for the sub-region and so provide the basis of a core strategy on which action area plans can be based. The Council therefore intends to review its Local Development Scheme when the RSS has progressed to submission to the Secretary of State so core strategy and/or area action plan or plans can be incorporated and work started on their preparation. Preparation of further supplementary planning documents can also be considered at that time (see Appendix 1). None of the list of possible future Supplementary Planning Documents is currently programmed for preparation before 2007.

1.18 In the interim period the adopted Joint Replacement Structure Plan and emerging Bath & North East Somerset Local Plan set out a core strategy for the area until 2011 or as and when superseded by the RSS.

2.1 The Strategic planning context for the Local Plan and Local Development Documents is provided by the existing Regional Planning Guidance for the South West (RPG10) covering the period up to 2016 and the Joint Replacement Structure Plan, adopted in 2002 covering the period up to 2011.

2.2 The South West Regional Assembly is preparing the Regional Spatial Strategy for the South West 2006-2026. It will incorporate strategic policies and proposals for the West of England for the period 2006-2026, setting a strategic context for the West of England area and providing dwelling targets at District level. It will replace the Joint Replacement Structure Plan 2002 and the Regional Planning Guidance for the South West 2001 (now has Regional Spatial Strategy status).

2.3 There are a range of other Council strategies which already influence the direction and content of the Local Plan and which will also influence future Local Development Documents. The most significant of these are referred to below.

2.4 The Community Strategy for Bath & North East Somerset sets out a strategy for long term economic, social and environmental well being of the District over the next 10 years. It sets out five shared ambitions under the following headings:

2.5 together with six ambitions:

2.6 All local development documents will need to take account of and, where possible, make a positive contribution to delivery of these ambitions. The Community Strategy specifically makes the link to delivery of some ambitions through the planning process. In addition the evidence base for Local Development Documents should contribute to an overall and ongoing evidence base for all Council Plans and strategies (see paras. 2.17-2.20 below).

2.7 The strategy sets out eight community focussed improvement priorities including increasing the availability of affordable housing, improving the quality of public transport, roads and pavements and easing congestion, reducing waste to landfill, improving the public realm and developing a sustainable economy for Bath & North East Somerset. Whatever spatial strategy emerges should help deliver these priorities. They are discussed below in the context of other Council strategies and the scenarios.

2.8 Under a new Strategic Planning Framework for Housing, which is being led by the LSP, an integrated Housing Strategy is being developed along with ten 93Delivery Plans94, including a Delivery Plan for Affordable Housing. This new framework has been developed in recognition of the fact that a number of services and partners need to be brought together to maximise the potential for affordable housing in the area.

2.9 The Council's 10 year Economic Development Strategy `Towards 2013' sets out a vision, key themes, economic context and future challenges for Bath & North East Somerset. Local Development Documents will assist in the delivery of objectives and Action Plan set out in strategy.

2.10 Currently being reviewed and updated through the Bath & North East Somerset Vision for Sport and Active Leisure - `Get Active' process, it provides a framework for the provision and development of sporting and recreational opportunities over a five year period.

2.11 The Council's current transportation strategy is contained within the Local Transport Plan which covers the period 2001 to 2006. The next five year transport plan to 2011 is currently being prepared jointly with Bristol, North Somerset and South Gloucestershire and is guided by the shared priorities agreed between these Council's and central Government. The priorities are congestion, accessibility, air quality, and safety.

2.12 Prepared by a range of environmental partners it sets out a working action plan to help conserve priority species and habitats in the District. It sets out objectives under species and habitats; monitoring change; Council owned land; tracking wildlife; communications; farming; and education.

2.13 Based on the premise that the Council can help to provide or facilitate access to various places, services and activities, the Cultural Strategy embraces a broad spectrum of cultural interests including arts, leisure services, heritage, sport, open spaces and libraries as well as the commercial creative industries.

2.14 The Management Plan was prepared working in partnership with a range partners and stakeholders to ensure that a comprehensive World Heritage Site Management Plan is produced and implemented, complementing the provisions made in the Local Plan and Joint Replacement Structure Plan. The Management Plan provides a framework to conserve the cultural heritage assets of the World Heritage Site of Bath. This includes the protection of the architectural, archaeological, landscape and natural assets and their urban and landscape settings; improving understanding of the site, its interpretation and use as an educational resource; and supporting the local community in its cultural, social and economic vitality. It sets out a long-term vision for the Site, aims and objectives, and programme of short and long term actions to improve the condition and management of the Site.

2.15 As part of the Local Agenda 21 process and working with partners in business, education, the voluntary and public sectors it develops a shared Community Vision for life in 2019 in Bath & North East Somerset. The Vision is set out under the six headings of Using the Land Wisely; Building Communities that Care; Education for Life; Using the Earth's Resources Sensibly; Access and Mobility for All; and Local Work in a Strong Local Economy.

2.16 A large proportion of the District is covered by these two Areas of Outstanding Natural Beauty. Management Plans for both AONBs have been prepared in partnership with many other organisations and set out how the two areas will be managed in future and the action that will be taken to conserve and enhance their natural beauty.

2.17 The Local Development Documents will establish the Council's planning policies. However, in preparing these documents, a range of background work will need to be undertaken. This work will form a major part of the evidence base for the Local Development Framework and will be published in the form of background papers. Most of these will be prepared by or for the Council. However, it is likely that a number of them will be prepared by or for other organisations. In addition, a number of these background documents will not be produced specifically for planning purposes but will be of relevance to Local Development Documents e.g. the Community Strategy for the District.

2.18 Each background paper will be produced and made available to the public at the same time as, or before, any Local Development Document, which relies on its contents for justification, is published.

2.19 The main background technical studies which provide the evidence base for the policies and proposals in the LDF are:

2.20 Whilst some of these studies form part of regular monitoring carried out by the Council others need periodic review subject to available funding. The evidence base will be managed by the Team Leader of Planning Policy, reporting to the Local Development Framework Group (see para 2.38 below). These studies have primarily contributed to the preparation of the Bath & North East Somerset Local Plan.

2.21 Because the District does not yet have adopted District-wide policy coverage the main priority is the adoption of the Bath & North East Somerset Local Plan by December 2006. Resources will be concentrated on this during 2005 to the close of the Public Local Inquiry and again following receipt of the Inspector's report in 2006.

2.22 Work on the Statement of Community Involvement can start after the Inquiry is complete in April/May 2005. It will then be in place for the start of the preparation of future Local Development Documents.

2.23 SPDs on Bath City-wide Character Appraisal and the Streetscape Manual are aimed at improving the quality of development in the District's high quality historic environment. These SPDs are a high priority for the Council and are achievable as staff resources would come from the Environment and Project Groups in Planning Services and will not divert resources from the Local Plan or the Statement of Community Involvement.

2.24 Strategic Environmental Assessments of policies, proposals and plans are required under the European Strategic Environmental Assessment Directive 2001/42/EC. This is required for plans and proposals that are likely to have significant effects on the environment.

2.25 Sustainability Appraisals differ in that they are a social, economic and environmental assessment primarily used on Regional Planning Guidance and Development Plans. Bath & North East Somerset Council wishes to have an integrated approach towards both the Strategic Environmental Assessment and Sustainability Appraisal and to consider the implications and alternatives at an early stage. This will ensure that Local Development Documents reflect sustainable development objectives. Strategic Environmental Assessment and Sustainability Appraisal will be undertaken, when possible, at the Issues and Options stage when progressing Development Plan Documents.

2.26 Because strategic environmental assessment has only recently become statutory it was not carried out for the Bath & North East Somerset Local Plan. Whilst regulations state that Plans not adopted by 21^st July 2006 should be subject to the Directive regulations state that where this is not considered feasible then the Local Authority should make a publicly available statement to that effect. It is the view of the Council that strategic environmental appraisal under the regulations is not feasible because the Issues Report and First Deposit Plan were published before even draft guidance was issued by the ODPM and furthermore would result in further delays to the adoption of the Plan contrary to the aims of the ODPM. Such assessments should be carried out initially at the Issues and Options stages before the Draft Plan is published.

2.27 The Council has, however, carried out sustainable development appraisals at the Issues and Options stage and Deposit stage and has commissioned another appraisal of the Revised Deposit Plan.

2.28 Monitoring is an important part of the new Local Development Framework process to gauge the effectiveness of policies and proposals. The Council will monitor a range of indicators to assess whether the policies and proposals are meeting the vision and core strategy of the Local Development Framework. The findings will be published in an Annual Monitoring Report (AMR).

2.29 The Annual Monitoring Report will assess:

2.30 The report will be published and submitted to Government Office for the South West and the Secretary of State by the 31^st December of each year. Arising from the Annual Monitoring Report, the Council will consider what changes, if any, need to be made to the Local Development Scheme and will bring forward such changes in March/April each year.

2.31 No planning delivery grant has been received for Local Plan work for the 2004/2005 financial year but the Council has allocated £361,000 to fund the Local Plan preparation for 2004/2005 and further budgetary provision for the period up to adoption of the Local Plan is being sought. The Statement of Community Involvement is covered mainly from existing budgets in the next financial year 2005/2006 and may need to be subject to the Council's agreement for further funding in future years. Work on supplementary planning documents will be funded from existing budgets.

2.32 The following main staff resources will be available for the continuing preparation of the Local Plan, Statement of Community Involvement and other Local Development Documents.

2.33 In addition to the main staff resources above, a range of other resources will be available to assist in the Public Local Inquiry into objections to the Local Plan and to prepare supplementary planning documents. These are from within:

2.34 External consultants have been employed to assist with a number of studies and will be utilised as appropriate in the future to provide expertise in key technical areas. In addition because of the large number of objections on the Local Plan consultants are to be employed to assist in preparing the Council's evidence.

2.35 For some time the Council has co-operated and worked jointly with Bristol, North Somerset and South Gloucestershire Unitary Authorities (UAs) through the Joint Committee for Strategic Planning and Transportation overseeing the work of a Joint Strategic Planning & Transportation Unit. This consists of officers seconded from the four unitary authorities who have prepared the Joint Replacement Structure Plan adopted in September 2002.

2.36 The four UAs and other partners have now formed the West of England Partnership and are carrying out joint strategic studies for the area (West of England Joint Study Area) which will inform the preparation of the sub-regional element of the Regional Spatial Strategy for the South West being prepared by the Regional Assembly. The Joint Committee has been reformed as the Planning, Transportation and Environment Sub Group, one of four groups contributing to this work. The Joint Unit continues to carry out the technical work and studies for the Group and continues to be a source of technical information and data which can be drawn upon.

2.37 The Profiles in Appendix 3 set out the management responsibility for the preparation of each Local Development Document. For all documents currently listed, this is the Head of Planning Services. An overview of the process and progress is maintained by the Corporate Director responsible for the Planning portfolio, the Chief Executive and Management Board.

2.38 The Local Development Framework Project Group consisting of five Council Members including the Executive Members with responsibility for Planning (Sustainability and the Environment) and Transportation and officers from a wide range of Council Services, meets regularly to steer the preparation of the Local Plan and some of the Local Development Documents.

2.39 The Executive Member for Sustainability and the Environment takes account of the conclusions of the Project Group to make recommendations to the Council's Executive who in turn make recommendations to Council for decision. For future LDDs this will be at the Issues and Options, preferred option, submission draft and adoption stages.

2.40 At appropriate stages reports will be referred to the Overview & Scrutiny Panel for comment. For Supplementary Planning Documents, approval of consultation and adoption of draft documents is either through a single Member decision by the Executive Member for Sustainability and the Environment or Council Executive depending on the nature of SPD.

2.41 In preparing the Local Development Scheme the main areas of risk that have emerged with mitigation measures are as follows:

APPENDIX 1

SUPPLEMENTARY PLANNING GUIDANCE (SPG) AND

DOCUMENTS (SPD) AND OTHER GUIDANCE

APPENDIX 2

PROFILE FOR LOCAL DEVELOPMENT DOCUMENTS

APPENDIX 3

GLOSSARY OF TERMS