Meeting documents

1 THE ISSUE

1.1 The Draft Bath & North East Somerset Local Plan was placed on deposit for public comment in January 2002. Some 4,000 representations from around 1,600 respondents were received covering most of the policies and proposals in the Local Plan.

1.2 This report firstly sets out the procedures both statutory and non-statutory the Council is following in preparing the Local Plan and engaging with residents and all those with an interest in Planning for the future of Bath & North East Somerset; and secondly recommends responses to representations made on the 2002 Deposit Draft Plan and changes to the Plan to be incorporated into a Revised Deposit Draft.

2 RECOMMENDATION

2.1 That the Executive:

3 FINANCIAL IMPLICATIONS

3.1 The Local Plan preparation process is budgeted for. Whilst the responses to representations and consequent changes have no direct financial implications to the Council decisions the Local Plan will guide development investment in the District.

4. PREPARING THE LOCAL PLAN - PROCESS, PROCEDURES & CONSULTATION

Introduction

4.1 Under the Town & Country Planning Act 1990 the Council is required to prepare a Local Plan for their area. The Local Plan seeks to improve the quality of life in Bath & North East Somerset and sets out policies for the use of land in the public interest. It is based on the principles of sustainable development and its policies aim to promote the development we need for a healthy economy and meeting social needs within an accessible environment while at the same time conserving and enhancing the environment. The theme of the Plan is therefore to provide `Balanced Communities'. It covers the period up to 2011 and will eventually replace existing local plans currently in use for development control purposes. Most importantly it provides the vehicle by which local residents, visitors, businesses, community organisations, voluntary groups and all those with an interest in the future of Bath & North East Somerset can influence the nature and location of development. The Government is committed to a Plan-led system and Section 54A of the Town & Country Planning Act 1990 requires that decisions made on planning applications should be in accordance with the development plan (Structure Plan & Local Plan) unless material considerations indicate otherwise.

The New Planning Agenda

4.2 Members may be aware that the Planning and Compulsory Purchase Bill currently progressing through parliament will change the development plan system with the commencement date of the Act expected in the summer of 2004.

4.3 The effect will be that Structure Plans will be abolished and replaced by Regional Spatial Strategies prepared by the South West Regional Assembly and Local Plans replaced by Local Development Frameworks (LDFs) prepared by Unitary Authorities or District Councils. The LDF will consist of a folder of documents delivering a spatial strategy for the area containing a core strategy, proposals section and area action plans for key areas of change or conservation. A Statement of Community involvement will also be required. The aim is to provide flexibility in the timing of the preparation of different parts of the LDF with area action plans in particular being produced when needed.

4.4 However, Government guidelines on the transition between the current and new system make it clear that because of the stage already reached by the Bath & North East Somerset Local Plan the Council should continue the preparation under current legislation and regulations.

The Preparation and Consultation Process

4.5 The first Deposit Draft Plan was approved for consultation purposes at the 25^th October 2001 Full Council and following wide publicity was placed on Deposit for public comment for six weeks from January 18th to February 28th 2002 in accordance with statutory procedures. It consists of a Written Statement setting out the detailed policies and the reasoned justification for them and maps showing where policies apply, and indicating proposals for new development e.g. allocation of land for mixed-uses, employment sites, and recreational provision.

4.6 In order to steer the preparation of the Local Plan a Project Group was set up in 1999. Members from all parties have been involved in the Project Group since this time as well as officers representing a wide range of services e.g. Planning, Sustainability and Economic Development, Housing, Education, Leisure, the Policy Unit and Property & Legal. In this way the Plan has reflected corporate objectives and strategies.

4.7 Since the Deposit Draft was published the Local Plan Project Group has been considering responses to the representations made and consequent changes to the Plan's content. The recommended responses and changes are now incorporated into a schedule of responses (see Annex 3) and Revised Deposit Draft Plan (see Annexes 4&5) and will be reported, subject to any amendments agreed by the Executive, to Full Council for approval.

4.8 The Project Group has met 11 times since March 2002, considering the representations and responses to them. To complete this task it was necessary to delegate consideration of some representations to the Head of Planning Services in consultation with Members serving on the Project Group. All Project Group papers have been circulated to Group Leaders and been placed in Members Rooms. The Project Group also considered whether representations made after the closing date for comments should be accepted as `duly made' i.e. the Council does not have to consider the representation. Only those which were received within one day of the closing date were accepted (see Annex 1). In addition there are a number of representations which fall outside the scope of the content of the Local Plan and the Executive is asked to endorse these as also being treated as not duly made.

4.9 The aim of the Revised Deposit stage is to make changes in order to meet with objections where possible and thus shorten the future stages of Plan preparation particularly at the Public Local Inquiry stage. In order to clarify representations or to seek further information or to negotiate a solution to an objection, discussions have taken place with some objectors. Where changes have been made to meet objections to the Deposit Plan the objector will be invited to withdraw the objection. This will take place once the Council has agreed the responses and changes to the Plan and the Revised Plan has been placed on deposit.

4.10 In addition to the changes proposed as a result of representations there are a number of Council initiated changes which are being put forward. These have also been considered by the Project Group and are as a result of the following:

1) New information or guidance e.g. Urban Housing Capacity Studies, Economic Development Studies, Sports Pitch Studies, and revised Government planning policy guidance (PPGs).

2) Improved wording or updating to the Plan emerging from the Project Group process; and

3) Responses to the Sustainable Development Appraisal (SDA) of the first Deposit Draft of the Plan. This assessed the policies and proposals of the Plan against sustainability criteria and was published with the Deposit Plan. A further SDA will be carried out on the Revised Plan and its results can be addressed during the future stages of preparation of the Local Plan.

Consideration of Local Plan Key Issues by the 19^th June Planning, Transportation, Economy & Sustainability Overview & Scrutiny Panel

4.11 The 17^th June Overview & Scrutiny Panel considered a report on the processes being followed in the preparation of the Local Plan (see extracts in Annex 2A) and recommended responses to representations and on proposed changes to the Deposit Draft on a number of key issues (see Annex 6) - these were:

4.12 The Overview & Scrutiny Panel listened to statements from members of the public on matters relating to items 2, 4 and 5 above. After the Panel had discussed the issues and asked officers a number of questions it was agreed that:

4.13 In accordance with the Government Local Plan regulations the Local Plan Revised Deposit Draft, indicating all the changes that have been made from the first deposit, will be placed on public deposit for comment for six weeks. This is proposed for September and at this stage objections and representations will only be accepted where they relate to changes to the first Deposit Draft.

4.14 These objections, together with any unresolved objections from the first Deposit Plan will be considered by an Inspector appointed by the Secretary of State at a Public Local Inquiry (PLI) scheduled to start in May 2004. The objectives for the Inspector are to find out the relevant facts and arguments and to report to the Council, giving an opinion on the merits of the evidence and making recommendations about modifications to the Plan (including the deletion from the Plan of any material which should not have been included).

4.15 After the Inquiry the Inspector will produce a report to the Council with recommendations. The Council must consider the report and will make it available for inspection within eight weeks of its receipt. Consideration will be given as to whether any modifications should be made to the deposited plan in light of the recommendations in the report. If it is decided by the Council to modify the Plan, there will be a six-week period for objections to the proposed modifications. The Authority is also required to produce a statement of reasons for any decision not to accept an Inspector's recommendation (i.e. a decision not to modify the Plan as recommended by the Inspector). Anyone may also make an objection (in the six-week period) to the fact that the Local Authority has decided not to accept an Inspector's recommendation.

4.16 Normally, the Council would consider objections made at this stage without holding another inquiry. Unless the Council propose further modifications in the light of objections and representations (in which case there will be a further opportunity for the public to object to them), the Plan can be adopted.

4.17 The period between the publication of the Revised Deposit Plan and the PLI will be an intense one and will include:

(i) the Council's consideration of the representations on the Revised Plan;

(ii) consideration of whether further pre-Inquiry changes to the Plan are necessary;

(iii) pre-Inquiry meeting at least three months in advance of the start of the PLI when all participants are invited to discuss the programme and timetable and deal with any queries about the way in which proceedings are to be conducted; and

(iv) preparation of evidence by Council officers.

4.18 The Council will also during or before this period appoint an Inspector; a Programme Officer who will work directly to the Inspector and be responsible for all administrative arrangements before, during and immediately after the PLI; and the Council's own advocate. The PLI is likely to be held in Bath and accommodation arrangements will include rooms for the hearings, Inspector and Programme Officer.

Further Consultation and Publicity

4.19 Officers continue to keep in contact with all those who have made representations at the first Deposit stage (1,600), other stakeholders, and those who have asked to be kept informed about the process (540). Letters indicating what stage in the process has been reached, the programme, when meetings are taking place and what they can do to engage in the process will be sent out.

4.20 In addition prior to the Local Plan Revised Deposit Draft being published and during the period of Deposit there will be extensive publicity including newspaper advertisements, press releases and the distribution of leaflets and posters. All documents will be available at public libraries and electronic versions will be available on the Council's website, including the facility to comment electronically. The special needs of any individuals or groups will be met wherever possible.

5. THE LOCAL PLAN - SUMMARY OF MAIN CHANGES

Overall Strategy of the Local Plan

5.1 The Local Plan content is wide ranging. From a vision and overriding objective to achieve sustainable and balanced communities the Plan sets out an overall strategy and then detailed policies on Living & Working, Environmental Assets and Access.

5.2 The strategy identifies Bath as best placed to meet many of the development needs of the District in a sustainable way. It already is the focus for housing, services, jobs and transport and offers further opportunities through major regeneration at Western Riverside and development of brownfield sites but at the same time its unique historic environment and setting, recognised internationally by its designation as a World Heritage site, needs to be protected.

5.3 Keynsham which lies on the important public transport corridor between Bristol and Bath presents the opportunity for more limited development, with the Somerdale chocolate factory site and St. John's Court car park providing a focus for regeneration. At Norton-Radstock the former railway land in Radstock provides an important regeneration opportunity but the considerable housing growth over recent years needs to be balanced by further economic development opportunities and in the rural areas only development to retain economic and social vitality is envisaged in order to reduce the need to travel.

5.4 Annex 2 of the report briefly summarises the content of each chapter of the Local Plan Deposit Draft 2002 and identifies some of the main proposed changes in response to representations and other matters raised under para 5.7 below. Of particular significance are recommendations to increase the number of dwellings to be constructed on brownfield sites in Bath, the deletion of greenfield sites in Bath, Keynsham, Norton-Radstock and Farmborough, and proposed changes to the Green Belt at Newbridge to accommodate a transport interchange to serve the Western Riverside site and at the University of Bath to enable future expansion of the University.

Responses to Representations on the 2002 Deposit Draft and Proposed Changes for incorporation into the Revised Deposit Draft

5.5 Circulated with this paper is the Draft Schedule of Responses and Changes to the Local Plan (SRC) volumes 1-7 (see Annex 3); the Draft Revised Local Plan Written Statement (Annex 4 green cover) which incorporates and shows changes contained in the SRC; changes to the Proposals Map (Annex 5 light green cover) which also incorporates and shows changes contained in the SRC; and an errata containing further amendments (Annex 7 - gold cover).

5.6 Because of its size the Schedule of Responses and Changes to the Local Plan Deposit Draft 2002 is divided into seven volumes (Annex 3):

5.7 The schedules set out the following:

1. Comments made on the Deposit Draft in 2002 during the statutory period for comment (see para 4.5 above), together with recommended Council responses to every representation and any changes;

2. Matters brought forward by the Council through the Local Plan Project Group process (see para 4.10 above), together with recommended responses and changes; and

3. Recommended responses and changes as a result of the consideration of the Sustainable Development Appraisal (see para 4.10 above)

5.8 The Draft Revised Plan Written Statement (green cover - Annex 4) shows the changes made in bold and the deleted wording is shown but is crossed through. Proposed changes to the Proposals Map are identified in Annex 5 (light green cover).

5.9 In addition to these documents errata are also appended containing further amendments to the Schedule of Responses and Changes and Written Statement (Annex 7 - gold cover).

Further Changes before the Local Plan is placed on Deposit for Public Consultation

5.10 Because of the complexity and number of representations and proposed changes there may be a need for some further amendments required to responses to representations or changes to the Local Plan before the Revised Plan is placed on Deposit for public comment. For example these might be needed because a change agreed by Council results in the need for consequential changes in other parts of the Plan; or to ensure consistency in responses and changes; to further clarify responses or to update the Plan e.g. new statistics, publications, reference to new guidance etc.

5.11 In order to avoid delay in progressing the Plan it is suggested that such matters are delegated for decision to the Head of Planning Services in consultation with the Executive Member for Environment and Sustainability. Any item that constitutes a change in substance to that agreed by Council would need to be reported back to the Executive and Council.

Use of the Plan for Development Control Purposes

5.12 In addition to the approved Joint Replacement Structure Plan adopted in 2002 a range of existing statutory and non statutory local plans are currently being used as a policy framework to determine planning applications. Principle among these are the 1997 adopted Bath Local Plan and the 1995 Deposit Draft Wansdyke Local Plan as amended 2000. For minerals planning the 1993 Mineral Working in Avon Local Plan is still operative.

5.13 Whilst existing plans remain in force Government guidance makes it clear that the further an emerging local plan has progressed through the statutory processes of preparation the more weight can be given to its policies and proposals. In addition the plan's policies and proposals are far more up to date reflecting new local planning priorities and updated Government guidance. It is therefore essential that the emerging plan is endorsed for use in the Development Control process in order for decisions on planning applications to reflect the Council's planning objectives for the area.

6. CONCLUSION

6.1 The report sets out the process of Local Plan preparation since the first Deposit Draft in 2002 through to the current consideration of the responses to representations and changes to be incorporated into the Revised Deposit Draft and the process beyond. It also brings to the attention of the Executive some of the main changes proposed as a result of the Deposit Draft consultation. The Executive is asked to endorse the recommendations and to recommend them to Council.