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Agenda Item No.

 

THE VALE OF GLAMORGAN COUNCIL

 

PLANNING COMMITTEE: 23RD JUNE, 2011

 

REFERENCE FROM CABINET: 7TH JUNE, 2011

 

 

"C1340          THE VALE OF GLAMORGAN LOCAL DEVELOPMENT PLAN 2011 - 2026 REVIEW OF DELIVERY AGREEMENT (JUNE 2010) (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet were apprised of the need to revise the Vale of Glamorgan Local Development Plan 2011 - 2026 (LDP) timetable contained within the Delivery Agreement (June 2010) and to seek approval for the changes from the Welsh Government. This would be in accordance with the Town and Country (Local Development Plan) (Wales) Regulations 2005.

 

Cabinet, on 2nd June, 2010 had received a report that provided details of the High Court Challenge to the LDP made by Persimmon Homes Ltd. and BDW Trading Ltd. (Barrett Homes) and the impact that this had on the LDP timetable.  That earlier report also set out the progress that had been made on the LDP and detailed the remaining work that needed to be completed to finalise the Deposit LDP. 

 

Although considerable progress had been made on the development of the LDP in the past 12 months, the LDP timetable had slipped and there was a need to seek an extension to it from the Welsh Government.  A number of factors, including an underestimate of the time required to fully assess the large number of candidate sites that had been progressed to stage 2 of the assessment process, the requirement to identify a suitable site for Gypsies and Travellers as well as additional items that needed to be considered for inclusion within the LDP had resulted in significant delays to the approved timetable.

 

The report outlined the work that had been undertaken since that previous report together with the work that remained outstanding, as detailed below:

 

·                         Sustainable Settlements Appraisal (SSA) - as detailed in the report of the 2 June 2010 a number of concerns were expressed in respect of the methodology used in the initial sustainable settlements assessment. Officers have completed a review of this work assessing each of the settlements within the Vale of Glamorgan against a range of sustainability criteria. This revised SSA will form a background document to the Deposit LDP.

·                         Stage 2 Candidate Site Assessment - the more detailed site assessment work is substantially complete.  Detailed physical and environmental information, including any relevant comments from the Environment Agency, Countryside Council for Wales (CCW) and the Council's highway and engineering departments has been compiled to enable the thorough assessment of each site to be made.

·                         Stage 3 Candidate Site Assessment - the final stage of the candidate site assessment involves assessing the candidate sites that have progressed through the stage 2 assessments against the Sustainability Appraisal Framework for the LDP.  While this work was progressing well, there remains some work to be completed before decisions on site allocations for the Deposit LDP can be made.

·                         Barry Landscape Sensitivity and Capacity Study - in November 2010 the Council appointed specialist landscape consultants White Consultants to undertake a landscape sensitivity and capacity study of candidate sites in the North West of Barry. This report will be made available with the Deposit LDP.

·                         Designation of Special Landscape Areas: Review against Historic Landscapes Evaluations Update - specialist landscape consultants TACP were originally engaged in 2008 to undertake a review of the Vale of Glamorgan Special Landscape Area (SLA) designations. This review utilised the recently approved designation criteria methodology developed by the South East Wales Local Authority Consortium and utilised the most up to date LANDMAP data. Since the publication of the original review in 2008, the CCW have produced updated evaluation data for the Historic LANDMAP aspect layer and it was considered appropriate to review each of the designated SLAs against this revised data. It was noted that no changes to the proposed Vale of Glamorgan SLAs were recommended as a result of this work.

·                         Renewable Energy Toolkit - in July 2010 the Welsh Government published new guidance on Planning for Renewable and Low Carbon Energy. The Welsh Government advised that Councils who intended placing their LDP on Deposit after April 2011 would be required to undertake the prescribed steps detailed within the toolkit in order to support the LDP evidence base. Work is currently ongoing to complete this assessment.

·                         Affordable Housing Viability Study - the Council had appointed specialist consultancy Three Dragons to prepare an Affordable Housing Viability Assessment compliant with the requirements of TAN 2, to advise on viable targets and thresholds for affordable housing provision.

·                         Draft Penarth Conservation Area Appraisal and Management Plan - this was considered by Cabinet on the 18th May 2011 with the recommendation that it is approved for public consultation purposes.

·                         Stakeholder Engagement - officers have continued to engage with relevant agencies, interested parties and local interest groups to explain and update them of progress on the LDP. Meetings and/or presentations have been undertaken with town and community councils, the Local Access Forum, the Environment Agency and Dwr Cymru Welsh Water.

·                         South East Wales Strategic Planning Group (SEWSPG) review of local authority 2006 based population and household projections - the Council has prepared a paper on behalf of SEWSPG which examines the rationale of the 2003 and 2006 projections and the sub regional implications which is pending approval by the SEWSPG.

·                         Deposit Consultation Arrangements - officers have worked closely with the Council's ICT department to produce an e-form for use with the Deposit LDP which will enable electronic representations to be made.

 

In progressing the LDP through to Deposit stage, Cabinet noted that the following work required completion prior to the consultation on the Deposit LDP:

 

·                         Renewable Energy Toolkit - as detailed above officers were in the process of assessing the potential for specific renewable energy resources within the Vale of Glamorgan in accordance with guidance issued by the Welsh Government in July 2010.

·                         Open Space review - work is underway to assess the amount, type and spatial distribution of open space within the Vale of Glamorgan to ascertain areas of deficiency or oversupply. The study will inform policy development of the LDP and form a sound basis for securing s106 contributions from new developments. 

·                         Local and neighbourhood retail centre appraisal - this appraisal seeks to assess the effectiveness of the current Unitary Development Plan (UDP) policies for managing the use of local and neighbourhood retail centres within the Vale of Glamorgan.  The study examines the mix of A1, A2 and A3 uses as well as non retail uses including residential, within the existing retail boundaries defined with the current UDP.  This exercise will determine whether the retail boundaries should be amended as a result of changes to the retail mix.

·                         Review of Population and Household Projections topic paper - the publication of the 2006 Welsh Government local authority based population and household projections and Office of National Statistics 2002 - 2008 mid year estimates in May 2010 resulted in the need to review the original population and household projections topic paper produced at the pre-deposit stage of the LDP. Work is now underway on preparing the final draft report.

·                         Minerals Background Paper - officers are currently updating the Minerals Background Paper to reflect the most recent 2010 output returns received from operators.

·                         Waste Background Paper - the land use implications of managing and disposing of waste in a sustainable manner is a key consideration in the preparation for the Local Development Plan.  The topic paper will consider the Council's responsibilities for waste management in relation to international, national and regional planning policy and provide further details for the site allocations contained within the Deposit LDP.

·                         Draft Penarth Conservation Area Appraisal and Management Plan - as detailed above, a draft appraisal and management plan has been prepared and reported to Cabinet on the 18 May 2011 with the recommendation that it was approved for public consultation purposes.  A full public consultation exercise will then follow before the document is finalised and approved as Supplementary Planning Guidance.

·                         Green Wedge Review - the majority of the preparatory work on the green wedge review has been completed. Once the stage 3 candidate site assessment work is completed, officers will reconsider the existing green wedge boundaries in the light of the proposed site allocations.

·                         Identification of a Gypsy and Traveller site - my earlier report provided details of the need to provide for 6 permanent and 15 transit pitches for Gypsies and Travellers within the Vale of Glamorgan by 2018 and outlined the initial investigations into Council owned land that had been undertaken in an effort to identify a suitable Gypsy and Traveller site. Officers have now engaged with the proposers of candidate sites to ascertain if a site in private ownership could be identified to meet the accommodation needs of Gypsies and Travellers. This work is in its early stages and further work is likely to be required before the matter is concluded and an appropriate site identified.

·                         Infrastructure Requirements Paper - a primary consideration in the successful implementation of the LDP is the availability of the infrastructure required to enable development e.g. roads, water, energy supplies. A comprehensive understanding of the current situation with regards to the existing availability and planned future provision of infrastructure is therefore required in order to understand where infrastructure gaps and constraints are located. This work is inherently linked with the preparation of the Community Infrastructure Levy for the Vale of Glamorgan.

·                         Initial Consultation Report - Regulation 17 of the Town and Country (Local Development Plan) (Wales) Regulations 2005 requires the Council to prepare an Initial Consultation Report to accompany the Deposit LDP. The report will identify the agencies, bodies and individuals that have been engaged or consulted with in preparing the plan and the main issues that have been raised within those consultations and how they have influenced the preparation of the Deposit LDP.  This initial consultation report will contribute to the final consultation report that is required when the LDP is submitted for independent examination.

·                         Statutory Consultee consultation - initial consultations have already been undertaken with the Environment Agency, CCW and Dwr Cymru Welsh Water as a part of the Stage 2 Candidate Site Assessment work detailed above. However further consultations with these organisations will be required when the potential Deposit LDP site allocations have been identified.

·                         Candidate Site Assessment Report - a Candidate Site Assessment Report is required to accompany the Deposit LDP. This document will summarise the three Stage Candidate Site Assessment process and outline the main reasons why sites have either been discounted or included within the Deposit LDP.

·                         Finalising the Sustainability Appraisal Report - Section 39 (2) of the Planning and Compulsory Purchase Act, 2004 requires that LDPs must be subject to a SA as well as a Strategic Environmental Assessment (SEA) and Government advises that an integrated approach is adopted so that the SA process incorporates the SEA requirements.  While much of the work on the SA report has been undertaken in progressing the LDP to the pre-deposit stage, a final SA report will need to be produced for consultation at the same time as the Deposit LDP. 

·                         Habitats Regulation Assessment (HRA) - HRA of land use plans is a requirement of the EU Habitats Directive (92/43/EEC) which requires that an Appropriate Assessment be undertaken of plans that are likely to have a significant impact upon Natura 2000 sites. While the Council has undertaken an initial screening exercise as the first stage in this process the full HRA is a technical exercise that requires the utilisation of specialist consultants and consultants "Enfusion" have been appointed to undertake and complete Stage 2 of this assessment. However this element of the LDP programme cannot be progressed until the identification of sites and the finalisation of policies is complete.

·                         Drafting of the Deposit LDP - while the majority of policies and supporting text of the Deposit LDP have been drafted, additional work is still required prior to them being finalised. Further work is also required in relation to the preparation of the associated proposals and constraints maps.

·                         Preparation of consultation information and resources - in order that the statutory 6 week consultation period is undertaken successfully, sufficient advertising and information is required to enable members of the public and other relevant stakeholders to engage in the LDP process. Regulations 17 and 18 of the Town and Country (Local Development Plan) (Wales) Regulations 2005 set out the requirements of the formal six week consultation period which must also accord with the requirements set out within the approved DA.

·                         Supplementary Planning Guidance (SPG) - SPG is a means of setting out more detailed thematic or site specific guidance on the way in which policies of an LDP will be applied. It is the intention to update some of the existing UDP SPGs in line with the revised policies contained within the LDP.

 

Whilst many of the tasks could be undertaken independently, and progressed in parallel others were intrinsically linked. 

 

A copy of the revised timetable was attached to the report at Appendix A, with a revised adoption date for the LDP of January 2014.  However, this adoption date was subject to a number of indicative stages which were currently beyond the control of the Council. 

 

If approved, the revised DA including the amended timetable would be forwarded to the Welsh Government, seeking their approval to the amendments and to comply with Regulation 9 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the contents of the report and the implications for the LDP timetable be noted.

 

(2)       T H A T the amendments to the LDP timetable contained within the Council's Delivery Agreement (June 2010) as proposed in the report be approved.

 

(3)       T H A T approval be sought from the Welsh Government to formally amend the timetable within the Council's Delivery Agreement (June 2010).

 

(4)       T H A T those individuals and organisations previously consulted on the drafting of the Delivery Agreement be advised of the revisions detailed within the report.

 

(5)       T H A T a copy of the report be referred to Planning Committee for information purposes.

 

Reasons for decisions

 

(1)       To apprise Cabinet of the progress made on the LDP.

 

(2)       To approve the revisions to the Council's Delivery Agreement (June 2010).

 

(3)       To comply with Regulation 9 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005.

 

(4)       To advise stakeholders and organisations previously consulted on the Delivery Agreement of the proposed revisions to the LDP timetable.

 

(5)       In order to apprise Planning Committee of the matters contained within the report."

 

 

 

 

Attached as Appendix - Report to Cabinet: 7th June, 2011

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