6.4

North Somerset Council

REPORT TO THE STRATEGIC Planning and Economic Development Policy & Scrutiny Panel

Date of Meeting: 12 March 2007

Subject of Report: Local Development Scheme

Town or parish: N/A

Officer presenting: Nick Burroughs

Key Decision: NO

RECOMMENDATIONS

Report is for information and to enable members of the SPED Panel to decide how to be involved in future scrutiny of the LDS.

Summary of Report

1.1 The current Local Development Scheme (LDS) was published in 2005. This set out the proposed programme for the production of the various documents that will make up the new Local Development Framework (LDF) for the North Somerset area as now required by the recent changes to the planning system. The LDS also sets out the timetable for the preparation and review of these documents up to 2008.

1.2 In March 2006 the Executive agreed a number of amendments to the LDS. Government Office has now indicated informally that a more comprehensive review of the LDS is required. Government Office has also indicated that the preparation of a Local Authority’s Annual Monitoring Report (submitted December 2006) can be used when reassessing an LDS. The implications of such a review for the LDS are described in this report.

1.3 The revised LDS will address the matters summarised below;

· Current programme for adoption of Replacement Local Plan, given the need for further modifications,

· Ensure that the Core Strategy is given greater priority, as this will provide the strategic context for other Development Plan Documents, particularly the Area Action Plans.

· Clarify how the Core Strategy will set the broad context for the Area Action Plans (AAPs) and the areas to be covered;

· Cover other Development Plan Documents (DPDs);

· Reflect progress on the Joint Waste Development Plan Document for the West of England,

· Include Supplementary Planning Documents (SPD) to address;

· Affordable Housing

· The Implementation of Development,

1.4 Supplementary Planning Documents are part of the local development framework. While they are included in the LDS, they do not have development plan status.

1.5 Attached at Appendix 1 to this report is a schedule setting out these various documents, the subjects they cover and their likely timetable for production.

2. Details

2.1 The current North Somerset Local Development Scheme (LDS) was published in 2005. The LDS is a project plan that sets out which Local Development Documents the Council has prioritised and the key production milestones that will be achieved for these documents in that time period. The LDS is subject to review and amendment when there is a need for it to be updated. Amendments to the LDS were agreed by the Executive in March 2006. The currently proposed amendments will enable the revised LDS to respond to delays over the finalisation of the Joint Waste DPD timetable and the implications of recent discussions with the Government Office. The production timelines in this amended LDS will therefore commence at 2007. Government advice is that the LDS should set out complete timelines for production to adoption for all documents started in the first three years, In ‘round’ figures this may mean the LDS covering a five year period.

2.2 The context for all these documents is the Local Development Framework (LDF). This will comprise a number of documents, including the LDS, the Statement of Community Involvement, the Annual Monitoring Report and Local Development Documents (LDDs). LDDs can either be Development Plan Documents (DPDs) or Supplementary Planning Documents (SPDs).

Summary of Proposed Amendments to the LDS

2.3 North Somerset Replacement Local Plan

2.3.1. The Replacement Local Plan (RLP) is at an advanced stage, having been modified following a public local inquiry by an independent inspector. In November 2006 the Council accepted all these modifications, except with regard to a small area to the south of Royal Portbury Dock which is the subject of further modifications, and formally agreed to use the RLP as the basis for making decisions on planning applications. The RLP covers the period to 2011. Consequently, the policy context to support employment led development and against which, for example, the expected planning applications at the Weston Airfield and at RAF Locking will be considered is provided by the RLP.

2.3.2 During this period, during which planning authorities are bringing forward local development documents, the legislation allows the policies contained in existing structure and local plans to be ‘saved’ so that they retain development plan status and can continue to be used formally for planning decisions.

2.3.3 While the Replacement Local Plan is at an advanced stage in its preparation, it has yet to be adopted. If no objections are received to the further proposed modifications then in due course the RLP will be adopted. However, there is a strong likelihood that the further modifications may be legally challenged. If such a legal challenge succeeds, then this may impact on the RLP’s adoption. The entire RLP could be affected although Council has been provisionally advised that it is likely that only that relatively small part of the RLP which is the subject of the further modifications would be quashed. The implications this may have for which policies can be saved will need to be discussed with Government Office.

2.4 Core Strategy

2.4.1 It is current Government Office advice that the Core Strategy should remain the first DPD to be prepared. It sets out the key elements of the planning framework for the Council’s area. This has implications. Firstly, it cannot be finalised in advance of the Regional Spatial Strategy (RSS). Secondly, as it sets the context for the preparation of Area Action Plans and other documents, it should remain programmed in advance of their preparation. The draft RSS includes strategic proposals for growth at Weston and to the south west of Bristol. Work on the Weston AAP has already begun. Work is also currently underway on the preparation of the Joint West of England Waste DPD. These are considered in more detail below.

2.4.2 The strategic development south west of Bristol will also have implications for Green Belt boundaries in this area. The draft RSS also proposes an extension of the Green Belt between Nailsea and Clevedon.

2.4.3 The Green Belt, as a national designation and key policy area, should be the subject of core strategy policies. The core strategy will therefore provide, among other things, the context either for the South West Bristol AAP within which changes to the Green Belt boundary will be one aspect of this urban expansion or, outside the AAP, for policies which address this issue directly.

2.4.4 A Green Belt boundary should be clearly defined using readily recognisable features. Its proposed alignment is likely to be ‘feature specific’ and government guidance advises that core strategy elements such as Green Belts should be shown on an Ordnance Survey map which allows the policy to be illustrated clearly. A proposals map would therefore be prepared alongside the core strategy for this purpose.

2.4.5 Consequently, it will be important for the Core Strategy to clearly set out how, as it is progressed in advance of these other documents, it will relate to and provide the broad strategy which recognises the progress made so far with regard to each AAP and sets an appropriate framework for further work.

2.4.6 While the core strategy can show broad locations for delivering strategic development, it should not identify individual sites. However, as the early focus for development will continue within the policy context set by the RLP (through the ‘saved’ proposals and policies) and then subsequently within the contexts set by the AAPs, the preparation of a Site Specific Allocations DPD can be delayed beyond this LDS period.

2.4.7 Similarly, in the interim period the saved policies will provide the detailed policy guidance against which planning applications can be considered. However, the core strategy will be able to include those core policies which will set the context, at this level, to ensure that development accords with the spatial vision and objectives. If necessary, a separate generic development control policies DPD can be prepared to ‘sweep up’ the policies that it is not appropriate to include in the core strategy. The formulation of these policies can therefore be delayed in the LDS period.

2.4.8 The Core Strategy timetable as amended is set out below;

· Core Strategy Project Report; currently in preparation.

· Preparation of Issues and Options with consultation in Autumn 2007,

· Preparation of Preferred Options with consultation in Summer 2008.

· Preparation of Submission DPD with submission to the Secretary of State
in Spring 2009.

· Adoption anticipated in Spring 2010

2.5 Weston Area Action Plan

2.5.1 Preparatory work on the Weston AAP has been progressed for the Council by Arup consultants. Consultation on the Issues and Options stage was completed at the end of 2006. The responses received will inform future work. However, the progress that has been made has raised other issues.

2.5.2 Work on the Weston Area builds on earlier work done as part of the Weston Area Development Framework (WADF). This looked at an area which stretched from the Weston seafront eastwards to the motorway and covered issues such as the regeneration of the town centre and seafront, the town centre gateway, the Weston Airfield, RAF Locking and West Wick. Over time more detailed work has been done on development proposals for the Weston Airfield and RAF Locking areas.

2.5.3 On the basis of its recent evaluation, Arup concludes that the preferred option for the development of the Weston AAP should be based on polycentric growth. In summary, this option builds out from four centres at the same time; the town centre/gateway, West Wick, the Weston Airfield and RAF Locking.

2.5.4 The nature of work already done in connection with the town centre, Weston Airfield and RAF Locking has indicated that there may be advantage in splitting the existing Weston AAP area into two parts. One focussing on the Weston Regeneration Area and the other dealing with Weston town centre/gateway issues. This would allow these two new AAPs to be progressed according to the different issues that will need to be addressed.

2.5.5 The Weston Regeneration Area AAP and the Weston Town Centre AAP would both benefit from the work already undertaken, which would become part of the evidence base, and could share a common issues and options stage with the original Weston AAP. However, an assessment of the work already done suggests that the Weston Regeneration Area AAP may be able to move slightly more quickly than Weston Town Centre AAP. In the circumstances, the former has been timetabled ahead of the latter.

2.5.6 For the Weston Regeneration Area AAP the timetable is as set out below;

· Preparation of Preferred Options with consultation in Summer 2008.

§ Preparation of Submission DPD with submission to the Secretary of State in late Spring 2009.

· Adoption anticipated late Spring 2010

2.5.7 For the Weston Town Centre AAP the timetable is as set out in the box below;

· Preparation of Preferred Options with consultation in Autumn 2008.

· Preparation of Submission DPD with submission to the Secretary of

· State in Summer 2009.

· Adoption anticipated in late Summer 2010

2.6 South West Bristol Area Action Plan

2.6.1 The development of an urban extension to the south west of Bristol is a proposal in the draft RSS and, as explained above, the core strategy will articulate in strategic terms the form and function of the proposed new development area, to be subsequently worked up in detail through the AAP. The strategic context is that regeneration within Bristol is complemented by the urban extension. Because of this link to regeneration issues in Bristol, close working with the City Council is required to co-ordinate delivery of the urban extension and to ensure that essential infrastructure is delivered in step with the overall development proposals. It is therefore proposed that this council prepares its own AAP, while continuing to work closely at officer level with Bristol City, and to timetable the SW Bristol AAP later in the LDS.

2.6.2 The South West Bristol Area Action Plan timetable as amended is set out below;

· Pre-production stage late Autumn 2008.

· Preparation of Issues and Options with consultation in Spring 2009,

· Preparation of Preferred Options with consultation in early Spring 2010.

· Preparation of Submission DPD with submission to the Secretary of State in late Autumn 2010.

· Adoption anticipated in late Autumn 2011

2.7 Joint Waste Development Plan Document for the West of England

2.7.1 In the short term, the policy context set out in the Joint Replacement Structure Plan and the North Somerset Waste Local Plan will continue to have effect. In the future the planning policy for waste-related issues will be provided by the waste policies contained within the South West Regional Spatial Strategy, the West of England Joint Waste Development Plan Document and the North Somerset Waste Development Plan Document. The Joint Waste DPD is considered the most appropriate way to facilitate the strategic elements of the strategy.

2.7.2 The work already undertaken on the Joint Waste DPD, including the agreements to amend the four Local Development Schemes of the constituent authorities is likely to commit the 4 UAs to maintain progress on its preparation through to adoption. Current government guidance advises that the LDS should set out complete production timelines to adoption for all documents whose preparation commences within the first three years.

2.7.3 As the Joint Waste DPD is being prepared jointly by the 4 UAs, this clearly increases the risk of changes being made to the programme which would then need to be reflected in each LDS.

2.7.4 The Joint Waste DPD timetable is set out below;

· Publication of Issues and Options for consultation in January 2007,

· Preparation of Preferred Options with consultation in mid 2008.

· Preparation of Submission DPD with submission to the Secretary of State in Spring 2009.

· Adoption anticipated in late 2010

2.8 Bristol International Airport AAP

2.8.1 The preparation of the BIA AAP had originally been included in the 2005 LDS. Members will recall that as a result of a combination of circumstances, including the timing of the airport expansion planning applications, progress on the BIA AAP was deferred until at least 2009. The council has now received the airport masterplan and expects planning applications to be submitted during the early part of 2007.

2.8.2 The masterplan notes that its review is likely to be in five years’ time, ie. published some time in 2011. In order to meet this date, the background work to support the review must be largely completed during 2010. As with the current masterplan, the development of the review will seek to engage the local community and key stakeholders in an extensive consultation process. Consistent with partnership working, engagement with the community and the more efficient use of resources there would seem to be advantage in making this a consultation not only on the masterplan review but on the Issues and Options Stage of the Airport AAP.

2.8.3 In this scenario, the timetable will obviously need to reflect BIA’s involvement. Subject to BIA’s own aspirations, a more appropriate timetable for the preparation of the Bristol International Airport AAP is set out below;

· Pre-production stage early 2010.

· Preparation of Issues and Options with consultation in mid 2010,

· Preparation of Preferred Options with consultation in mid 2011.

· Preparation of Submission DPD with submission to the Secretary of State in Spring 2012.

· Adoption anticipated in Spring 2013

2.8.4 The extent of BIA's aspirations for growth during the proposed plan period may affect the need for an AAP. If no significant change is expected, or the change could be encompassed by a single major planning application, an AAP would serve little or no purpose. The need for an AAP will therefore be kept under review, in discussion with BIA and GOSW.

2.9 Other Development Plan Documents

2.9.1 The core strategy sets the broad locations for growth. The AAPs will cover those areas where significant change is proposed. Consideration therefore needs to be given to those policy areas which do not appear to be covered eg where site specific development is identified outside the AAP areas and how development in general can be controlled at the detailed stages.

2.9.2 The council’s planning priority is employment led development and, going forward, this can be promoted through the policy contexts set by the RLP, the use of ‘saved’ proposals and policies and then subsequently within the contexts set by the AAPs. The preparation of a Site Specific Allocations DPD can therefore be delayed beyond the current LDS period.

2.9.3 Similarly, in the interim period, the saved policies will provide the detailed policy guidance against which planning applications can be considered although it is proposed that the core strategy should include those core policies which will set the context, at this level, to ensure that development accords with the spatial vision and objectives. The development of more detailed policies can therefore be delayed beyond the current LDS period.

2.9.4 As discussed in para 2.4.3 above, changes to the Green Belt boundary will be addressed either within the SW Bristol AAP or, outside the AAP, through core strategy policies which address this issue directly complemented by the proposals map.

2.10 Supplementary Planning Documents

Affordable Housing

2.10.1 Work on the Affordable Housing SPD has commenced, but needs to be formalised through inclusion in the LDS. Given the great need to support the provision of affordable housing, this progress on the document should continue.

2.10.2 For the preparation of the Affordable Housing SPD the more detailed timings are set out below are;

· Prepare Draft SPD and consult Summer 2007.

· Adoption Spring 2008.

Implementation (S.106)

2.10.3 There are various aspects to the actual implementation of development ranging from the broad brush context for the overall layout to the small scale details of design, how to ensure construction and the built development are energy efficient, how to increase the use of energy from renewable sources, how to retain and enhance a site’s biodiversity, how to ensure that development contributes to the provision of affordable housing, open space requirements, services and facilities and, as part of this process, how to place these development requirements on a formal basis. The current mechanism is the use of Section 106 agreements but there would seem to be scope to clarify at a formal level what a developer can expect to be required to provide as part of development when entering into such an agreement.

2.10.4 As a first task it is therefore proposed to prepare an SPD relating to how Section 106 requirements can be more formally codified.

2.10.5 For the preparation of an Implementation (S.106) SPD the more detailed timings are set out below are;

· Prepare Draft SPD and consult Summer 2008.

· Adoption Spring 2009

Author

Nick Burroughs Planning Policy