Moving to the Local Development Plan System in Bridgend County Borough
Why the change? Planning Delivering for Wales (2002) described the existing Unitary Development Plan System as…. Lengthy Produced plans which are too detailed / complex Slow review process Poor progression nationally. Only 4 out of 22 Local Authorities have an adopted Plan (although Bridgend CBC is one of these!) It therefore proposed introducing a new Local Development Plans system for Wales
Planning and Compulsory Purchase Act 2004 Retains supremacy of the Development Plan (LDP) in the determination of planning applications: Section 38(6): “If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise” Part 6 of the Act (Wales) states that Local Planning Authorities must prepare a plan for their area to be known as an LDP.
What is a Local Development Plan? It will become the ‘Development Plan’ in legal terms for the determination of planning applications It will supersede the Unitary Development Plan Under WAG Plan rationalisation it is one of only four high-level Strategies which Local Authorities are required to prepare.
The Four strategies are: Community Strategy Local Development Plan Children and Young People`s Strategy Health, Social and Wellbeing Strategy
An LDP must set out: -the Local Planning Authority’s objectives in relation to the development and use of land in its area and include: General policies for the implementation of those objectives Specific policies for different areas within the authority - site specific allocations What is the Function of a Local Development Plan ?
An LDP must have regard to: - Wales Spatial Plan Current national planning policies (PPW, MPPW, TANs) Community Strategy What must it take into account?
The Welsh Assembly Government has produced a number of documents relating to the form and content of Local Development Plans: Town and Country Planning (Local Development Plans) (Wales) Regulations 2005 Local Development Plans Wales Local Development Plans Wales: A Guide to Procedures
E-planning BCBC is currently developing it’s planning web-pages which now includes an Interactive UDP and other planning information. This will need to be built upon to help deliver the new Development Plan system to the public as well as engage them in the process UDP and LDP Comparison
Preparation Process The LDP Preparation Process can be divided into 8 stages: 1. Review and Development of Evidence Base 2. Delivery Agreement 3. Plan Preparation 4. Deposit and Submission 5. Examination 6. Inspectors Report detailing proposed changes to the deposit LDP 7. Adoption 8. Review
1. Review and Development of Evidence Base LDP Production should be informed by a robust evidence base. There will be a need to review & develop the evidence base by: Reviewing national policy context Reviewing the local context Reviewing local strategies
The Delivery Agreement is a public statement that sets out the preparation timetable and how it will involve stakeholders and the community in preparing the Local Development Plan. 2. Delivery Agreement
The Delivery Agreement will include : the timetable for plan production up to adoption of the plan, which is definitive for the stages up to the deposit of the plan, and indicative for the remaining stages up to adoption the resources that the Council will commit to the plan the Community Involvement Scheme (CIS), which proposes how the Council will engage stakeholders in preparing, reviewing and amending the LDP the method by which the Council intends to deal with feedback from the consultation process 2. Delivery Agreement
Community Involvement Scheme The aims of the Community Involvement Scheme are To detail how the development plan will be prepared, developed, monitored and reviewed in partnership with the community and other stakeholders. To improve the process of plan preparation by engaging with the public, involving them fully, effectively and inclusively in the preparation of the LDP. To seek to establish a consensus between stakeholders on the plan's aims and objectives and in its options and preferred strategy. To provide a transparent and structured process of engagement with the community, at all stages in the preparation of the LDP. To incorporate into the process best practice regarding sustainable development and the requirements of the Strategic Environmental Assessment (SEA) Directive. To use these processes to produce a sound plan.
Community Involvement Scheme Suggested methods of Community Involvement include: Exhibitions / Information Campaigns / Roadshows Public Meetings Surveys: Mail / Telephone / Internet Focus Groups / Issues Workshops Citizens Panels Community Mapping / Planning for Real e-discussion forums Online documentary publication and commentary
3. Plan Preparation A. LDP Vision & Objectives B. Strategic Options C. Public Consultation
A. LDP Vision and Objectives In parallel with the Review and Development of the Evidence base the Vision and Objectives will need to be developed for the LDP The Objectives will be statements of intent, specifying a desired direction of change. The LDP objectives will flow from having a clear vision of what sort of place the authority wants to become and how to get there.
B. Strategic Options and Preferred Strategy This is the main preparation stage when the content of the LDP is formulated. The suggested process is: –selection of a preferred strategy approach, in partnership with key stakeholders/consultees –identification of strategic sites that are vital to the implementation of that strategy –definition of site selection criteria for smaller sites not in significant areas of change –preparation of a preferred strategy report –testing consensus - pre-deposit public consultation
C. Public Consultation on Preferred Strategy Pre-Deposit Consultation Preferred Strategy Report Accompanied by: Details of specific consultation arrangements, in accordance with the CIS Information on how to respond Response form
4. Deposit LDP WHAT SHOULD BE INCLUDED? Introduction A Strategy Area-wide policies for development Major allocations of land Specific policies and proposals for key areas of change or protection Succinct reasoned justification to explain policies and to guide their implementation A proposals map on a geographical base.
Deposit of Proposals The Authority must place the LDP on Deposit for Six weeks allowing for the submission of representations Representations Everyone making representations should be encouraged to use standard form clearly setting any objection or supporting representation.
Submission of LDP to WAG When the LDP is submitted for independent examination, the authority must send the deposit LDP to WAG, and should include the following documents: -the report of the sustainability appraisal and SEA; -any supporting evidence-base material and technical documents; -a copy of the community involvement scheme (CIS); -a consultation statement -a report of suggested changes in response to relevant representations or new information that in the authority’s view would amend the deposit plan without jeopardising its soundness; and -a statement of suggested main issues for consideration at examination and a suggested procedure for dealing with them.
5. Examination Independent Examination in Public What is the Inspector’s criteria for assessing soundness of the LDP? is it a land use plan, does it conform generally with national planning policy and is set in the context of the Wales Spatial Plan and relevant regional strategies does it contain a coherent strategy and is internally consistent with that strategy; is it founded on a robust evidence base does it have clear mechanisms for implementation and monitoring
5. Examination Independent Examination in Public What is the Inspector’s criteria for assessing soundness of the LDP? is it realistic is it able to deal with changing circumstances is it consistent with those elements of neighbouring authorities development plans where cross boundary issues are relevant has it taken proper account of views of the community has it been prepared following the proper procedures, including the sustainability appraisal/strategic environmental assessment processes.
6. Inspector’s Report The Inspector will produce a report identifying proposed changes to the LDP The Inspector’s Report and proposed changes are binding!
7. Adoption The Local Authority must adopt the LDP within 8 weeks of receipt of the Inspectors report.
8. Review After adoption the Plan will be monitored on an annual basis The Plan will be reviewed at least once every 4 years.
Member Involvement This will occur throughout the process. However, your formal endorsement as a Council will be requested at key stages: Formal commencement of LDP preparation Approval of Community Involvement Strategy and Timetable for Preparation (Delivery Agreement), prior to submission to Welsh Assembly Government Approval of pre-deposit LDP for consultation (text and proposals map) Consideration of representations to pre-deposit consultation
Member Involvement This will occur throughout the process. However, your formal endorsement as a Council will be requested at key stages: Approval of deposit LDP for consultation (text and proposals map) Consideration of representations to deposit consultation (including alternative sites) Take unresolved representations to Inquiry Adopt the Plan Approval of Annual Monitoring Reports thereafter
First Steps… The Next 9 Months Officers: -Draft Community Involvement Strategy and Timetable for Preparation Members: -Formal commencement of LDP process -Consider how you wish their communities to involved in the plan preparation process and relay any suggestions to Officers -Consider the desired structure of the LDP together with draft Community Involvement Strategy and Timetable for Preparation when submitted for approval by Council.