PAPER D

 

            Purpose: For Decision

                        REPORT OF THE EXECUTIVE

 

Date:               15 DECEMBER 2004

 

Title:                LOCAL DEVELOPMENT SCHEME (LDS)

                                               

            REPORT OF THE PORTFOLIO HOLDER FOR SUSTAINABLE DEVELOPMENT, ENVIRONMENT AND PLANNING POLICY

 

IMPLEMENTATION DATE : 5 January 2005

 

1.         PURPOSE OF REPORT

 

1.1       To consider and approve the LDS at Appendix A as the project plan for the production of the Island's Local Development Framework (LDF) and to endorse its submission to the Government Office of the South East (GOSE) for their approval.

 

2.         BACKGROUND

 

2.1       The Planning and Compulsory Purchase Act came into force on 28 September 2004 and it requires all local authorities to produce an LDF within 3 years of commencement of the Act.

 

2.2       Whilst not a statutory document in itself, the LDF sets out, in the form of a portfolio, the Local Development Documents (LDDs) which will collectively deliver the spatial planning strategy for the Island.

 

2.3       LDFs are intended to streamline the local planning process and promote a proactive and positive approach to managing development, with key aims being:

 

·           Flexibility;

·           Strengthening community and stakeholder engagement;

·           Front loading;

·           Sustainability appraisal;

·            Programme management; and

·            Soundness.

 

2.4             The LDS is critical to the successful programme management of the LDF.  It is a public statement identifying which LDDs will be produced, in what order and when.  The LDS will be the starting point for the community and stakeholders to find out about the authority’s planning policies in respect to a particular place or issue, and the status of those policies. As part of its preparation, decisions will need to be made on the details of the documents to be produced and/or policies saved.

 

2.5             The draft LDS is attached as Appendix A.  It will be subject to negotiation with GOSE and the Planning Inspectorate, and the timetable may change as a result of these negotiations.

3.         STRATEGIC CONTEXT

 

3.1             The LDF is one of the main vehicles for implementation and delivery of the Community Strategy.

 

3.2             It will also have to be in conformity with the South East Plan which is currently being produced by SEERA.

 

4.         CONSULTATION

 

4.1             Consultation within the Council and with the Local Strategic Partnership (LSP) has been undertaken, to ensure that the work that is programmed reflects the priorities of the Community Strategy and can help with the delivery of it and other council documents.

 

4.2             There is no requirement for a formal consultation exercise for the LDS.

 

5.         FINANCIAL/BUDGET IMPLICATIONS

 

5.1             The Council has been successful in achieving Planning Delivery Grant in both 2003/04 and 2004/05.  Resources have been committed to engaging consultants to deliver the preparation on the Core Strategy. 

 

6.         LEGAL IMPLICATIONS

 

6.1             The Planning and Compulsory Purchase Act 2004 requires every Local Planning Authority (LPA) to prepare and maintain an LDS, specifying which documents will be LDDs, the subject matter of each document and the timetable for their preparation and revision.  Every Development Plan document has to be submitted to the Secretary of State for independent examination.  If he is not satisfied with the LDDs, the Secretary of State can direct the LPA to modify the same before it is adopted.  Apart from the prescribed documents, the LDS must contain the Statement of Community Involvement  (SCI) and other documents which the LPA thinks are appropriate.

 

7.         OPTIONS

 

7.1      That the Executive endorse the submission of the LDS (attached at Appendix              A) to the Government Office (GOSE) for approval and adoption as the Delivery             Plan for the Island's LDF.

 

7.2      Not to submit an LDS for approval at this stage.

 

7.3      To submit a different LDS with a different range of documents and/or a different        timescale for their delivery.

 

8.         EVALUATION/RISK MANAGEMENT

 

8.1             Given that the submission and approval of a LDS is a requirement of the Regulations in order to progress the LDF, a failure to submit would leave the Council unable to meets its statutory requirements.

 

8.2             The Council could consider submitting a different LDS but this would lead to delays in progressing the LDF and it is considered that the documents currently set out in the Plan best align with the long-term objectives of the Authority, the Community Plan and the Area Investment Framework (AIF).

 

8.3             One of the key aspects of the new Planning Framework is the need to set out and meet clear deadlines for the production of the LDF.  It is therefore critical that there is proper project management of processes, both internally and externally, in order that these deadlines are met.  Failure to do so could lead to either financial penalties or reduced funding in future years from PDG.

 

9. RECOMMENDATIONS

 

That the Executive endorse the submission of the LDS (attached at Appendix              A) to the Government Office (GOSE) for approval and adoption as the Delivery             Plan for the Island's LDF.


10.     BACKGROUND PAPERS

 

·                      Unitary Development Plan (UDP)

·                      Planning and Compensation Act 2004

·                      PPS12

·                      Companion Guide to PPS12

 

 

Contact Point :     Ashley Curzon. Planning Policy Manager ( 823557 email: [email protected]

 

 

 

 

ANDREW ASHCROFT

Head of Planning Services

TERRY BUTCHERS

Portfolio Holder for Sustainable Development, Environment and Planning Policy