PAPER C
Purpose
: for Decision
REPORT
TO THE EXECUTIVE
Date : 14 JULY 2004
Title : PROPOSED WORKING ARRANGEMENTS – LOCAL
DEVELOPMENT
FRAMEWORK
REPORT OF THE PORTFOLIO HOLDER FOR SUSTAINABLE DEVELOPMENT,
ENVIRONMENT AND PLANNING POLICY
IMPLEMENTATION DATE : 26 July 2004
SUMMARY/PURPOSE
1.
To propose
that the Local Strategic Partnership Theme 7 (Environment) Working Group
directs the production of the Local Development Framework
STRATEGIC CONTEXT
2.
As the
Executive will be aware the Planning Bill 2004 sets out the government’s
detailed framework for the planning system.
The Bill will be the implementation of the Planning Green Paper
(originally published in late 2001). The key changes
in the Bill are in relation to the development plan system. Local Development Frameworks will replace
Local Plans/Unitary Development Plans, and will be required to be prepared by
all planning authorities. County
Structure plans will be abolished.
3.
In
diagrammatic format the following arrangements currently exist and are proposed
in the Planning Bill.
4.
Key changes
in the new Bill include:
·
The enhanced
importance and significance of Regional Planning (ie Regional Spatial
Strategies).
·
The
opportunity for the development of sub-regional study areas – the South East
Plan proposes 10 such areas including South Hampshire.
·
The statutory
production of Local Development Framework in all authorities (joint documents
are an option).
·
The
expectation that Local Development Framework relate to Community Strategies –
the mainstreaming of planning.
·
The need for
detailed community involvement in the Local Development Framework process on an
ongoing basis – the need for a Statement of Community Involvement.
·
The
opportunity for the development of detailed area action plans in the framework
of the Local Development Framework.
·
The need for
the Local Development Framework process to concentrate on delivery and
implementation rather than the preparation of a land-use based plan.
·
The
opportunity for the Local Development Framework to deliver spatial rather than
simply land-use policies (eg the Island’s needs for quality residential nursing
homes will increasingly be a key material consideration with equal weight to
traditional development plan policies which may otherwise have precluded the
development of such facilities).
5. The
introduction of a Local Development Framework is a key element of the
outworking of the Community Strategy.
CONSULTATION
6. Consultation has yet to take place on the production of the LDF since the appropriate legislation is not yet in place.
7.
The
relationship between the LSP and the LDF was established at the May LSP
Executive meeting.
8.
Part
of the production of the LDF will involve the preparation of a Statement of
Community Involvement. This will set
out how the community will be involved throughout the Plan process.
REPORT
DETAILS
9.
The Planning
Bill and the PSA6 target indicates that all local planning authorities should
have adopted Local Development Frameworks prior to 31 March 2007. This is a tall order, particularly for those
authorities which are still proceeding towards the adoption of their initial
plan, or are reviewing their existing planning framework.
10.
The Isle of
Wight Council is ideally placed to proceed quickly with Local Development
Framework preparation given the adopted nature of the UDP and the nature and
extent of the Community Strategy (Island Futures). The Government Office for the South East Region (GOSE) is
encouraging your officers to proceed in the vanguard of Local Development
Framework preparation in this part of the country.
11.
An indicative
timetable is set out below:
Agreement with GOSE on Local Development
Scheme September
2004
(ie the programme)
Detailed options and environmental
appraisal September
2005
Submission of Local Development Framework
to GOSE Spring 2006
Inquiry Summer 2006
Adoption March
2007
Inevitably this timetable cannot be
confirmed until GOSE agree the nature and extent of the Plan, and the
appropriateness of the timescales.
12.
It is clear
that rapid progress will be required to meet the government’s target in this
respect. Similarly it is clear that the
community will need to be far more closely engaged in the preparation of the
Local Development Framework than it was in the preparation of the UDP.
13.
Given that
the Local Development Framework will need to be developed in harmony with the
Community Strategy (and its review) it is suggested that Local Strategic
Partnership Theme 7 Group, Quality Environment should be given the task of
steering officers in their initial preparation of the draft Local Development
Framework. This course of action would
have the following benefits:
·
The Portfolio
Holder is the Environment champion and will chair the Theme 7 Group.
·
Responsibility
for steering officers in their initial preparation of the Local Development
Framework would provide a clear focus for the Theme Group.
·
The Group
would be able, through the network of LDP group chairmen, to draw on the skills
and experience of other groups.
·
The
relationship of the Local Development Framework and the Local Strategic
Partnership would be clearly secured.
·
The Local
Development Framework would have clear and transparent community engagement and
ownership.
14.
The ultimate
preparation and approval of the Local Development Framework would remain with
the Portfolio Holder. It is suggested
that the working group reports to the Portfolio Holder on a quarterly basis,
with more frequent reports being made at critical points in the overall
timetable.
15.
The working
group/Executive would be serviced by the Planning Policy team in Planning
Services and, where appropriate, the Local Strategic Partnership team in the
Corporate Policy Team. Given the
timetable involved in Local Development Framework preparation, and the
specialist tasks involved (eg the Statement of the Community Involvement and
the Environmental Assessment of
the Plan) consultants will be engaged at
key stages of the process, and it may be appropriate for these consultants to
be involved in briefing the working group/Executive accordingly. Consultants have already been engaged to
produce the Statement of Community Involvement, and other consultants are
likely to be involved in the Core Strategy.
FINANCIAL
IMPLICATIONS
16.
The overall
cost of the production of the Local Development Framework is likely to be in
the order of £450,000. It is difficult
to identify precise costs at this stage given that local authorities have no
experience of preparing the new style of development plans.
17.
The cost of
producing the plan covers a wide range of specialist tasks, consultation with
key stakeholders and local residents, the arrangements for public inquiry and
associated legal representation, and eventual printing. The Planning Delivery Grant (2004/05) will
cover these costs. Indeed it is part of
the Government’s intention that the use of these grants should enable the
speedy implementation of the new Act.
18.
It is not
envisaged that the use of the Local Strategic Partnership Theme Group to
oversee the preparation of the Plan will in itself have any significant
financial implications.
LEGAL IMPLICATIONS
19.
The adoption
of the Local Development Framework is a requirement of the Planning Bill 2004,
S13 Local Government Act and associated regulations provide that the
development plan cannot be the sole responsibility of the Executive.
OPTIONS
20.
Undertake
not to prepare a Local Development Framework
This is
not a practical option. There is a
statutory requirement on all local authorities to prepare a new-style
development plan.
21.
Prepare
the Local Development Framework solely within the Council
This is not an option which
relates to government guidance on the new planning system. The process is grounded on community
engagement and delivering through the planning system. The process is grounded on community
engagement and delivering through the planning system the aspirations of the
local population as set out in the Community Strategy. Detailed government advice has been prepared
on linking Community strategies with Local Development Frameworks.
22.
Prepare
the Local Development Framework in conjunction with some other organisation or
its working groups. Theme Group 7,
Quality Environment, of the Local Strategic partnership is uniquely placed to
develop a widely owned draft LDF. The
Portfolio Holder for Sustainable Development, Environment & Planning Policy
Chairs the theme group.
EVALUATION/RISK
MANAGEMENT
23.
The option of pursuing an LDF within the LSP framework
is not without its risks, especially given the tight timetable for its
production.
24.
A detailed project plan will be prepared setting out
key dates and milestones.
25.
The detailed management of consultants in the process
will be a major undertaking.
26.
As part of the risk evaluation a detailed timetable of
meetings will be set up at the initial meeting of the Steering Group.
|
RECOMMENDATIONS 27. To approve the production of the Local
Development Framework by Local Strategic Partnership Theme 7, Quality
Environment, Working Group. 28. To approve the reporting mechanisms
between the Working Group and the Executive |
BACKGROUND
PAPERS
None
Contact
: Andrew Ashcroft 823556, Ashley Curzon 823557
|
A
ASHCROFT Head
of Planning Services |
T BUTCHERS Portfolio Holder for
Sustainable Development, Environment and Planning Policy |