ITEM 7 Test Valley Revised Local Plan Report of the Planning Policy & Transport Portfolio Holder Recommended: 1. To note the outcome of the Test Valley Revised Local Plan Inspector s report as shown in annex 1 to the report. 2. That the Council adopts the Test Valley Revised Local Plan, incorporating main modifications as shown in annex 2 to the report. 3. That the saved policies of the Test Valley Borough Local Plan (2006) be withdrawn. 4. That the Corporate Director be authorised to undertake any minor update and drafting changes to improve the presentation of the Test Valley Revised Local Plan as proposed to be modified. Recommended to Council SUMMARY: The Inspector undertaking the examination into the Revised Local Plan has found the document sound subject to the inclusion of modifications. This report sets out those modifications and seeks approval for adoption of the Revised Local Plan and withdrawal of the saved policies of the Borough Local Plan (2006) 1 Introduction 1.1 The Revised Local Plan (RLP) is a statutory policy document that sets out the spatial strategy and policies for the Borough. The process for preparation of the Local Plan is set out in legislation. 1.2 Within his report of 15 December 2015 the Inspector has confirmed that the Revised Local Plan is sound, subject to the inclusion of modifications. 2 Background 2.1 In July 2014 the Council submitted the RLP and accompanying documents to the Secretary of State. Submission triggered the start of the formal examination of the RLP by an independent Planning Inspector, which included public hearings in December 2014 and January 2015. 2.2 The Inspector examined the RLP against legal and procedural requirements and against four tests of soundness as set out in the National Planning Policy Framework (NPPF). A plan is considered sound on the basis that it is:
Positively prepared the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development; Justified the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; Effective the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and Consistent with national policy the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF. 2.3 A number of main modifications to the submission version of the RLP were proposed during the examination hearings in response to questions from the Inspector to address issues of soundness. The Council agreed these main modifications and the associated sustainability appraisal for public consultation between 24 April 5 June 2015. Minor modifications to the RLP, which were not matters of soundness, were also agreed at the same Council meeting. 2.4 The responses to the main modification consultation were sent to the Inspector for him to consider as part of the examination. In addition during the course of the examination the Inspector consulted on a series of changes to government guidance, case law and other material considerations. 2.5 In accordance with section 20(7C) of the Planning and Compulsory Purchase Act 2004, the Council requested that the Inspector make any modifications needed to make the RLP sound and/or legally compliant and thus capable of being adopted. 2.6 The Inspector s report concludes that the RLP provides an appropriate basis for the planning of the Borough providing the main modifications that had previously been consulted on were made. The main modifications are: a) Clarification of the affordable housing need figure, and the provision of clarity regarding delivery. 2.6.1 This modification provides clarity on the issue of affordable housing in the context of objectively assessed housing need. The second element relates to providing clarity of how to achieve a successful housing development. b) Clarification of the role of Neighbourhood Plans in relation to rural housing policy and provision
2.6.2 This modification provides clarity on how parish council s can bring forward neighbourhood plans without being in conflict with Policy COM2, which has been drafted to limit inappropriate development in the countryside. c) Amendments to settlement boundaries to reflect site boundaries and permissions 2.6.3 During the course of the examination a number of settlement boundaries were required to be amended to take account of mapping errors or to reflect recent planning permissions. d) Revised housing trajectory 2.6.4 The housing trajectory relating to delivery of Whitenap, Romsey (policy COM3), Hoe Lane, North Baddesley (policy COM4) and Park Farm, Stoneham (policy COM5) has been modified to reflect discussions with site promoters and the likely timescales of when development would commence. The trajectory sets out that, subject to receiving planning permission, Hoe Lane would start in 2017/18, Park Farm would start in 2019/20 and Whitenap would start in 2019/20. e) Emphasis on active community support for community led development 2.6.5 An additional criterion has been included within policy COM9 to ensure consistency between the wording of the policy and the supporting text with regard to the need for community support. f) Amendment to gypsy and traveller policy to clarify approach to local connections 2.6.6 The modification ensures that Policy COM13 is consistent with policy H of the Planning Policy for Traveller Sites which requires local planning authorities to determine applications for sites from any traveller and not just those with local connections. g) Clarification of the types of accommodation covered by the tourism policy 2.6.7 Policy LE18 has been amended to include reference to seasonal tourist structures, and that these should not have an adverse impact on the landscape, and that the loss of accommodation to an alternative use also applied to caravan and camping sites. h) Amendments to heritage policy to align with national policy and court judgements 2.6.8 Policy E9 Heritage has been amended in response to the Barnwell Manor Wind Energy Ltd v East Northhants DC (etc.) judgement to reflect the statutory duty required under Section 66 (1) Planning (Listed Building and Conservation Areas) Act 1990. i) Clarification of the role of high quality design in areas of good townscape
2.6.9 The modification relates to policy E1 clarifying that innovative design may be appropriate as per the requirements of National Planning Policy Framework paragraph 36. j) Strengthening of provisions in relation to monitoring/review of wind energy policy 2.6.10 On the 18 June 2015 the Secretary of State for Communities and Local Government issued a Written Ministerial Statement (WMS) entitled Local Planning detailing new considerations to be applied to proposed wind energy development. The WMS required local plans to allocate suitable areas for wind energy development. 2.6.11 The WMS introduced a significant amendment which, if it were to be accommodated in the RLP, would have required a review of the Council s current approach. The Council proposed not to delay the RLP whilst technical evidence is gathered to identify suitable areas for wind energy development but to address the matter in the next review of the local plan. This approach was accepted by the Inspector in that the Council has already identified that an earlier review may be required should the plan become out of date. k) Emphasis on contingency actions if a shortfall in housing or employment delivery arises 2.6.12 Within the monitoring chapter it is necessary to provide cross reference to the contingency actions identified in chapter 5 local communities and chapter 6 local economy. l) Amendments to ensure that policies are effective by providing necessary clarity 2.6.13 The Council included a number of modifications to policies to ensure that they provide sufficient clarity for interpretation. m) Park Farm, Stoneham clarification on the role of proposals within Eastleigh, and to reflect the importance of heritage assets 2.6.14 Modifications have been included to reflect the reliance of the Park Farm proposal in terms of sustainability on the development within Eastleigh Borough Council and to recognise those heritage assets which are in close proximity to the site. n) University of Southampton Science Park and Land south of Benham Campus clarification of the definition of ancillary facilities 2.6.15 For the University of Southampton Science Park (policy LE1 and LE2) the supporting text relied on existing legal agreements to control the scale and type of future ancillary uses. The modification requires that these controls are included within the supporting text of the policies in order to provide clarity for future occupiers. o) Whitenap employment site reference to an overall masterplan in conjunction with housing site.
2.6.16 The modifications relate to including a cross reference to a masterplan within the Whitenap employment allocation (policy LE3) which is required as part of the new neighbourhood (policy COM3). p) Bargain Farm, Nursling widen the potential role of the Park and Ride proposal 2.6.17 The text has been modified to recognise that the Park and Ride proposal could meet a public need or the need from the employees of a specific user e.g. Southampton General Hospital. q) Definition of the extent of Stockbridge local centre 2.6.18 Due to the range of services and facilities Stockbridge has been identified as a local centre within the RLP. To help define the extent the Council has defined the local centre. 2.7 These modifications have previously been agreed by the Council and have been subject to public consultation and sustainability appraisal/ habitats regulations assessment. Given that these are main modifications any further changes to these would require additional public consultation and the Inspector would need to revisit his conclusion. 2.8 After the examination process is complete the final stage of the plan making process is adoption. A local planning authority is not legally required to adopt its Local Plan following examination however it expected that the authority will proceed quickly with adopting a plan that has been found sound. 2.9 On adopting a Local Plan, the local planning authority has to make publicly available a copy of the Local Plan, an adoption statement and Sustainability Appraisal in line with regulations 26 and 35 of the Town and Country Planning (Local Planning) (England) Regulations 2012. 2.10 The Planning & Compulsory Purchase Act (2004) makes provision for existing local plan policies to be saved for a period of time until new policy documents are in place. Following a direction from the Secretary of State (May 2009) certain policies in the Borough Local Plan (2006) have been saved. When the RLP is adopted, the policies contained within the RLP will replace those policies which have been saved. Any supplementary planning guidance produced under the Borough Local Plan will continue to be a material planning consideration. 3 Corporate Objectives and Priorities 3.1 The RLP is a key policy document. It sets out the planning framework for protecting and enhancing the environment, makes provision for new housing, leisure, community and employment opportunities. It is a key tool in delivering the aims of the Corporate Plan.
4 Consultations/Communications 4.1 On adopting the RLP the Council is required to make publicly available a copy of the plan, an adoption statement and sustainability appraisal in line with the relevant regulations. 4.2 The Council will notify statutory consultees and those who commented at the Regulation 19 stage of the adoption of the RLP. 5 Options 5.1 The options to consider relate to whether the RLP, as modified, should be adopted. 6 Option Appraisal 6.1 If the Council does not adopt the RLP it would need to formally withdraw it and begin preparation of a new plan. This would take a number of years to put in place. This would result in speculative rather than plan led development across the Borough. 6.2 The Council could continue to rely upon the saved policies contained within the Test Valley Borough Local Plan (2006) and other material considerations. However, rejection of the Inspector s Report at this stage and non adoption of the RLP would result in planning applications being determined against policies which are not consistent with the presumption in favour of sustainable development and the government guidance (NPPF paragraph 14) in that they are absent, silent or out-of date. 6.3 By having an up to date plan in place it would deliver benefits to the Borough, provide a basis for determining planning applications and put the Council in a robust position to defend planning appeals on inappropriate sites. 7 Risk Management 7.1 An evaluation of the risks associated with the matters in this report indicate that further risk assessment is not needed because the changes/ issues covered do not represent significant risks or have previously been considered by Councillors by Cabinet (July 2014). 8 Resource Implications 8.1 The financial implications arising from adopting the RLP are to be met from existing resources. 8.2 The increased housing provision permitted under the local plan will enable the Council to benefit from the Government s New Homes Bonus regime by increasing receipts and by a contribution to the Council s Council Tax base.
9 Legal Implications Test Valley Borough Council Cabinet 13 January 2016 9.1 The recommendations would need to comply with both the relevant planning legislation and the strategic environmental assessment regulations which includes publishing a Strategic Environmental Assessment statement. There is provision within the Planning and Compulsory Purchase Act (2004) for the RLP to be challenged by way of a judicial review. 10 Equality Issues 10.1 The EQIA has not identified any potential for discrimination or adverse impact and all opportunities to promote equality have been taken. 11 Other Issues 11.1 Community Safety The RLP has been drafted to reflect the themes of the Community Plan and includes a specific policy on this issue. 11.2 Sustainability and Addressing a Changing Climate The RLP is subject to a sustainability appraisal. The document includes objectives and policies promoting sustainable development and gives consideration to climate change. 11.3 Property Issues a number of the proposals contained within the RLP include land owned by the Council e.g. Walworth Business Park extension. 11.4 Wards/Communities Affected all wards and communities 12 Conclusion and reasons for recommendation 12.1 The Council has received the Inspector s report into the Revised Local Plan examination and has confirmed that it is sound subject to modifications which the Council previously agreed. It is recommended that the local plan is adopted. As the RLP will form the development plan for the Borough it is also recommended that the saved policies of the Borough Local Plan be withdrawn. Background Papers (Local Government Act 1972 Section 100D) Test Valley Borough Revised Local Plan DPD Inspector s Report on the Examination into the Test Valley Revised Local Plan (December 2015) Submitted evidence and associated documents which form part of the examination National Planning Policy Framework (2012) & National Planning Practice Guidance.
Confidentiality It is considered that this report does not contain exempt information within the meaning of Schedule 12A of the Local Government Act 1972, as amended, and can be made public. No of Annexes: 2 File Ref: Pp1_2 (Portfolio: Planning Policy & Transport) Councillor Hatley Officer: G Smith Ext: 8141 Report to: Cabinet Date: 13 January 2016