YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 8

Transcription

1 YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 8 Date: 29 September 2015 Report: Outcome of Publication of the Local Plan: Yorkshire Dales Local Plan, pre submission Publication version July to emerging policy Purpose of the report 1. To inform Members that the emerging Yorkshire Dales Local Plan is now at a stage where some weight can start to to some of its policies, and to provide initial advice on the factors Members should take into account when determining the appropriate weight to be applied. RECOMMENDATION 2. Members note that: a) the emerging Local Plan is sufficiently advanced in its preparation that it can be afforded weight as a material consideration. The weight that can be applied to the emerging Local Plan policy is a matter for each Member to decide, in accordance with para 216 of the National Planning Policy Framework (see para 8 below) b) officers will provide guidance in their reports to Planning Committee on the weight that can reliably be attributed to individual policies. An initial assessment is attached in the to this report. c) officers will start to give pre-application advice to developers on the basis of emerging, as well as adopted, local plan policy, having regard to a) and b). Strategic Planning Framework 3. The information and recommendations contained in this report are consistent with the Authority s statutory purposes and its approved strategic planning framework: Corporate Plan objective By June 2016, prepare a new Local Plan that sets out how the local planning system will be used positively to seek opportunities for development to help achieve the vision and objectives in the Yorkshire Dales National Park Management Plan.

2 Background 4. The publication version of the Local Plan was issued for formal representations between the 28th July and the 14th September. Forty nine representations were received from 7 individuals, 4 Parish Councils, 5 local authorities, 3 central government agencies and the rest from other individuals and organisations. A total of 164 representations seeking amendments to the Plan have been made. Of these, sixty seven are considered to be substantive s that go to the heart of a policy or its underlying premise. A further 35 relate to minor policy changes while the remaining 62 raise minor issues or observations. Officers will summarise the outcome of the representations at the Policy Development Forum prior to the Authority meeting, including the extent of to each policy. 5. At this stage the Authority cannot make any significant policy changes to the Plan without suspending progress and undertaking further public consultation. However after considering the representations in detail later this year, the Authority could decide to suggest minor modifications at the examination next year. 6. At the December meeting the Authority will consider whether to submit the Local Plan and its supporting documents to the Secretary of State for Communities and Local Government. An independent Planning Inspector will then be appointed to examine the soundness of the Plan and its compliance with the legal regulations. In undertaking the examination, the Inspector will have regard to the formal representations received this summer, and any further minor modifications that the Authority may request. The Authority has a service level agreement with the Planning Inspectorate to convene the Local Plan examination within 14 weeks of submission (probably not later than mid April 2016). to the emerging Local Plan 7. Planning decisions should be made in accordance with the development plan, unless material considerations indicate otherwise. Until the new Local Plan is formally adopted, the development plan constitutes the saved policies in the Minerals and Waste Local Plan 1998, the Yorkshire Dales Local Plan 2006 and the Housing Development Plan However, the National Planning Policy Framework (NPPF) paragraph 216 advises that authorities may give weight in their decision making to relevant policies in emerging local plans, prior to adoption. This is because many development plans are now out of date and no longer in conformity with national policy. Paragraph 216 of the NPPF advises that the amount of weight the Authority can give to an emerging policy depends on the following three considerations: the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may ); the extent to which there are unresolved s to relevant policies (the less significant the s, the greater the weight that may ); and, the degree of consistency of the relevant policies to the policies in the NPPF.

3 Stage of preparation 9. The Local Plan is now two and a half years into its preparation. Following public consultations on the issues, options and a full draft document, Members unanimously approved the publication of the final version of the Local Plan at the last Authority meeting. The period for making formal representations closed on the 14th September. It is, therefore, considered that the Plan is sufficiently advanced to start giving its policies some weight in decision making. 10. Policies that have no, or the s are not fundamental, may be afforded some weight, potentially outweighing other relevant policies in the current development plan (if considered appropriate). Policies that have received significant s may be regarded as unreliable, unless they otherwise have a high degree of consistency with the NPPF, in which case they may be afforded limited weight in decision making. Consistency with the NPPF 11. The shows the extent to which officers consider that each policy is consistent with the NPPF. Officers will also give a verbal report at the meeting and a fuller analysis at the Policy Development Forum beforehand. Inevitably, there is a degree of subjectivity in this judgement because of the nationwide scope of national planning policy compared to the very specific detail of the Yorkshire Dales Local Plan. A Planning Inspector may have a different interpretation of conformity. Overall assessment 12. Officers will need to advise Members in their Planning Committee reports about the degree of weight that can be attached to individual policies. If Members give significant weight to an emerging policy which is subject to strong and approve an application on its basis, that would be contrary to guidance in the NPPF. There are two risks to the Authority in that scenario. Firstly, the decision to grant permission could be challenged on the grounds that the Authority had misapplied national policy. The permission could be quashed and would need to be re determined. Any development carried out would then be unauthorised and the Authority would be obliged to consider enforcement action. This could lead to an ombudsman complaint and potentially an award of compensation. Secondly, even if no challenge was made and the permission stood and development was carried out, in the event that the emerging policy was subsequently found to be unsound and not adopted, this would constitute inconsistent decision making and could lead to claims of unfairness and possible reputational damage. 13. A national study in March 2015 revealed that only half of the 126 recently submitted local plans were found to be sound after examination. Whilst Government is encouraging Planning Inspectors to take a more supportive approach in future, there remains a clear risk that the Authority s Plan could be found unsound, either in part or totality. This risk is perhaps greater for the Authority because it will be the first National Park Local Plan to be examined in England since the adoption of the NPPF in The Authority is therefore advised to use its emerging policy cautiously at this stage

4 only permitting development that is either not contradicted by the existing development plan, or that is otherwise permissible under a reasonable interpretation of conformity with the NPPF. When to start giving weight to emerging policy? 14. The Authority has been in this position before with the last Local Plan in 2005 and more recently with the Housing Development Plan in On both occasions it chose not to give weight to emerging policy until after receipt of the Inspector s report. However, the guidance has changed. Local Planning Authorities are now encouraged to implement their emerging local plans, prior to examination, because of the disadvantage of working with out of date development policies and the even greater risk of planning by appeal. Conclusion 15. In line with national policy, the new Yorkshire Dales Local Plan has now reached a stage where it can start to be afforded some weight in decision-making. The degree of weight to is a matter for Members of the Planning Committee to decide, and for Planning Officers to advise, having regard to national guidance as set out in para 8 above. Members are advised to exercise caution however, because of the risk to the Authority, in financial and reputational terms, of granting consent on the basis of a policy that may subsequently be determined unsound after examination. Peter Stockton Head of Sustainable Development 17th September 2015

5 2 Strategic Policies SP1 Presumption in favour of New local definition of sustainable development that is specific to the Local sustainable development Plan area. It is in general conformity with NPPF para SP2 National Park purposes s from RDC and YDS. This policy however implements the Environment Act 1995 and Circular 2010 (see footnote 25 page 27 NPPF). It repeats an existing adopted policy so s to it have no affect on its use. SP3 Spatial strategy Continuation of existing strategy of focusing new development in settlements and permitting land-based proposals. Objections have been made specifically to the housing target contained in this policy and a request for greater description of the linkage between the National park and surrounding areas. The objective of the policy remains unchallenged however. SP4 Development quality Locally specific policy that relates to design aspects of particular relevance to the local area. It is in general conformity with NPPF para 58. SP5 Major development Complies with para 116 of NPPF. It is also very similar to the current development plan policy. 3 Business and Employment BE1 Business development sites BE2 Rural land based enterprises BE3 Re-use of modern buildings Locally specific policy that identifies sites for a flexible range of business uses in broad conformity with NPPF para 161. This policy is very similar to the existing development plan policy. Provides flexibility for rural estates development as well as agricultural development. Goes further than the currently adopted local plan and would appear to be closely compliant with NPPF para 28. An has been made to one of the criteria but does not go to the heart of its objective. Policy provides more flexibility for the reuse of modern buildings. It conforms to para 28 of NPPF. An has been received that this policy should be widened out to include criteria for the reuse of any building. It does not however challenge the purpose of the policy.

6 BE4 New build live/work units BE5 High street service frontages BE6 Railway-related development BE7 Safeguarding employment uses 4 Community C1 Land for new build housing There is an to the 60% requirement for the working proportion of the building, but this isn t significant enough to overcome its general conformity with para 21 of NPPF. Policy provides more flexibility for new uses in the high street. It is in general conformity with NPPF para 23. This is a clear expression of support for the reinstatement of the Wensleydale Railway. It is in general conformity with NPPF para 41 Very similar to the current development plan policy and conforms with NPPF para 22. An has been received that the policy should strike more of a balance in favour of weighing the loss of employment against a new use, such as housing. In the meantime, however, this policy can some weight in decision-making. This policy was written to comply with NPPF para 47 specifically by improving site viability. It pre-dates a legal ruling against national policy. has been received to this policy and it will form a key part of the local plan examination. Officers consider however that this policy can be given a small amount of weight, because it will better align local housing policy with current evidence and conform with national housing objectives. As more evidence is added over the coming months, about site viability and local housing demand, this policy can more weight. None C2 Rural exceptions sites In general conformity with NPPF para 54 although it does not permit None unrestricted housing on rural exceptions sites. C3 Rural workers housing Repeats existing policy and is in general conformity with NPPF para 55. None C4 Sub-division Policy helps make better use of existing housing resources and is in broad none conformity with NPPF para 47. C5 Replacement Dwellings Repeats existing policy and is in general conformity with NPPF para 47. None C6 Residential caravans and Repeats existing policy and is in general conformity with NPPF. None mobile homes C7 Gypsies and Travellers Repeats existing policy and is in general conformity with national policy for None caravan sites Gypsy and Traveller sites.

7 C8 C9 C10 C11 C12 Accommodation for the elderly and vulnerable adults Existing community facilities New or Improved community Facilities New and improved infrastructure Infrastructure needed to Policy is in general conformity with NPPF para 50. Policy is similar to the existing adopted policy and is in general conformity with the NPPF para 70. Policy is similar to the existing adopted policy and is in general conformity None with the NPPF para 70. New policy that is in general conformity with the NPPF para 157. Only issue is whether a specific policy about telecommunications is needed in addition. New policy that is in general conformity with the NPPF para 31. None support development C13 Important open space NYCC has submitted an to this policy. It is concerned it may prevent the development of recreation and sports fields attached to schools in the event that the school is no longer needed. There are in fact clear tests about school land in national policy and these are repeated here. It is therefore considered that the policy is in general conformity with the NPPF para 74 and can therefore some weight at this stage. C14 Waste Management Policy is similar to the existing adopted policy and is in general conformity with national planning policy for waste. NYCC has requested additional flexibility for the development of collection facilities for reusable or recyclable local commercial wastes. 5 Cultural Landscape L1 Heritage assets New policy that repeats the guidance in the NPPF para 126. The existing development plan policies are now out of conformity with the NPPF. L2 Conversion of traditional New area of policy that will permit a substantial change in strategy. It is in buildings - acceptable general conformity with NPPF para 55. Giving weight to this policy will permit uses the conversion of appropriate roadside barns for local occupancy. It is not L3 Conversion of traditional buildings - treatment recommended to implement the Conservation Levy yet (see 7). Policy is similar to the existing adopted policy and is in general conformity with the NPPF para 58.

8 L4 Demolition and alteration of traditional farm buildings L5 Heritage assets - enabling development The first part of this policy is similar to existing adopted policy. The second part is new but is considered to comply with NPPF para 28. This accords with para 140 of NPPF. None L6 Crushed rock quarrying There is likely to be disagreement about the extent of conformity with NPPF para 144. This policy will require examination and should not be used yet. L7 Building stone Similar to the existing policy and conforms with NPPF para 143. None L8 Reworking mineral waste Similar to the existing policy and in general conformity with NPPF para 143. None L9 Mineral and railhead safeguarding There is a fundamental from the industry that this policy does not conform sufficiently with NPPF para 143. L10 The open upland Similar to existing adopted policy and conforms with NPPF para 123. Objections received about the implications of this policy for wildlife sites of European significance. Continued use of this policy will not however undermine statutory protection of international wildlife sites. 6 Tourism T1 Camping Similar to existing adopted policy and conforms with the NPPF para 28. None T2 Touring caravan sites More flexible than the existing policy. It is general conformity with NPPF para 28 but there is a fundamental to its restriction to short stays only. T3 Sustainable self catering Similar to existing policy. It is general conformity with NPPF para 28 but there visitor accommodation is a fundamental to its restriction to short stays only. T4 Visitor facilities This is in general conformity with NPPF para 28. None T5 Indoor visitor facilities This is in general conformity with NPPF para 28. None

9 7 Wildlife W1 W2 W3 Wildlife sites, species and networks Biodiversity enhancement Protecting trees and hedgerows and walls 8 Climate Change CC1 Renewable and low carbon energy In general conformity with NPPF para 113. Natural England has expressed disappointment that the ecological network buffers have been taken off the local plan policies map. The buffer areas are not statutory designations and do not therefore need to be on the Policies map. They will still be used for the purpose of enhancing biodiversity through development and do not go to the heart of this policy. This policy conforms with NPPF para 114. Similar to existing adopted policy and conforms with NPPF para 118. Similar to existing adopted policy and provides flexibility for small scale wind turbines in appropriate locations. It is in conformity with NPPF para 97. CC2 Flood risk This is in conformity with NPPF para 100. Appendices 3 Business development The development of these sites is in general conformity with NPPF para 22. site allocations 4 Housing development site allocations Development of these sites is in general conformity with NPPF para 47. One has been received to the continued allocation of a site in Kettlewell. 5 Local occupancy criteria This is similar to existing adopted policy and conforms with NPPF para Securing affordable This is in general conformity with NPPF para 159. housing 7 Conservation levy This aspect of policy will require examination. There is a significant risk to the Authority of implementing it at this stage.