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REPORT TO: Special Meeting of Council AGENDA ITEM: 11

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REPORT TO: Special Meeting of Council AGENDA ITEM: 11 REPORT TO: Special Meeting of Council AGENDA ITEM: 11 DATE OF 20 March 2007 CATEGORY: MEETING: DELEGATED REPORT FROM: Deputy Chief Executive OPEN MEMBERS’ Gill Hague DOC: CONTACT POINT: 5742 SUBJECT: Joint Planning Inquiry – Strategic REF: Housing Sites (Derby Sub-Area) WARD(S) Willington & Findern, Stenson, TERMS OF AFFECTED: Aston REFERENCE: DC01 1 Recommendation 1.1 Members approve the content of this report as the Council’s Inquiry Statement in relation to appeals involving proposals for housing development on five sites within the Derby Sub-Area which are to be determined by the Secretary of State for Communities and Local Government following a joint public local inquiry commencing on 15th May 2007. 2 Purpose of Report 2.1 To inform Members of the various appeal proposals and to seek their approval of the Report as the Council’s Inquiry Statement, which will then form the basis of the Council’s case at the public local inquiry. 3 Executive Summary 3.1 A public local inquiry into Appeals relating to major housing applications on 5 sites in the Derby Sub-Area will commence on 15th May 2007. 3.2 This Report informs Members of the appeal applications and seeks approval of the Report as the Council’s Inquiry Statement which will then form the basis of the Council’s case at the inquiry. 3.3 The Report analyses the need for additional housing in the Derby Sub- Area and concludes that the Sub-Area land supply position supports the release of one site in South Derbyshire. This is an interim measure that should ensure a robust land supply position up to 2013 by providing Page 1 of 72 1 sufficient, rather than too much, land. During this time, work will be ongoing to ensure completion of the LDF process to identify sites to meet need beyond that date. 3.4 The Report recommends that the Council should submit to the Secretary of State that its preferred order of release of sites to meet housing need in the Derby Sub-area 2008-2013 is: o Based on a need for 1,000 dwellings - Boulton Moor; o Based upon a need for up to 1,500 dwellings - Boulton Moor and Stenson Fields (subject to the ability to deliver the required number of dwellings. In the event of a shortfall, seek to bring forward Highfields Farm) o Based upon a need for up to 2,000 dwellings - Boulton Moor, Stenson Fields and Highfields Farm (partial development) 4 Background to the Appeals 4.1 Further to the withdrawal of the Replacement South Derbyshire Local Plan on 19th May 2005 the Council has received applications for planning permission in relation to the following sites all of which were either proposed to be allocated in the Revised Deposit Draft Local Plan or promoted as objection sites at the Local Plan Inquiry held between June 2003 and February 2004: (i) Willington Power Station (950-1000 dwellings); (ii) Highfields Farm (1200 dwellings) (iii) Wragley Way (850 Dwellings) (iv) Boulton Moor (1058 dwellings) (v) Stenson Fields (500 dwellings) 4.2 Appeals have been submitted to the Secretary of State for Communities and Local Government against the Council’s failure to determine the applications in relation to (i)-(iv) above and the remaining application have been refused under delegated powers and an appeal submitted to the Secretary of State against such refusal to enable all of the outstanding appeals to be determined together by the Secretary of State. 4.3 A joint public inquiry into the various appeals is scheduled to commence on 15th May 2007 and is anticipated to last 11 weeks. An Inspector, Mr Harold Stephens, has been appointed by the Secretary of State to conduct the Public Inquiry and to report to the Secretary of State who will decide which, if any, of the appeal sites should be granted planning permission. 4.4 The Council will be represented at the Public Inquiry by Mr Hugh Richards of Counsel instructedPage by 2 ofMarrons 72 solicitors. Given the impact 2 of the appeal proposals on the social and highways infrastructure of Derby City, Counsel will also be representing the interests of the City Council (as planning and highway authority), Derbyshire County Council (as highway authority) and the Highways Agency at the public inquiry. 4.5 The recommendations contained in this Report are those of Mr Richard Wood (MRTPI) of Framptons Town Planning Limited, who has been appointed to act as the Council’s planning consultant and witness in relation to these appeals. Mr Wood’s recommendations are to be considered in the same way as recommendations made by your own officers. Accordingly, whilst members are not obliged to follow the recommendations in this Report the Council could be at risk as to costs at the joint public inquiry if it did not have reasonable planning grounds for taking a decision contrary to the same. 5 The need for housing development in the Derby Sub-Area Planning Policy Background 5.1 Planning Policy Statement 3: Housing (November 2006) sets out the Government’s objective to ensure that the planning system delivers a flexible, responsive supply of land. Reflecting the principles of ‘Plan, Monitor, Manage’, Local Planning Authorities are advised to develop policies and implementation strategies to ensure that sufficient, suitable land is available to achieve their housing and previously-developed land delivery objectives. 5.2 At the local level LPAs are required to set out in Local Development Documents their policies and strategies for delivering the level of housing provision, including identifying broad locations and specific sites that will enable continuous delivery of housing for at least 15 years from the date of adoption, taking account of the level of housing provision set out in the Regional Spatial Strategy. In circumstances where RSS are in development, or subject to review, LPAs should also have regard to the level of housing provision as proposed in the relevant emerging RSS. 5.3 There is no current Local Development Document that delivers the above policy requirement for South Derbyshire District. The Adopted South Derbyshire Local Plan (May 1998) provided only for the housing requirement for the District in the period 1987-2001 as set out in the previous Structure Plan, and the draft Replacement Local Plan (2003) which would have delivered the housing requirement for the District emanating from the current adopted Structure Plan (i.e. for the period 1991-2011), was withdrawn prior to adoption. 5.4 Whilst the Council is committed to putting in place a Local Development Framework to cover the period beyond 2011, it is necessary in the meantime to ensure that there is at least a continuous five year supply of deliverable sites for housing as required by the current Structure Plan (see further below). PPS3Page provides3 of 72 that where LPAs cannot 3 demonstrate an up-to-date five year supply of deliverable sites, for example where Local Development Documents have not yet been reviewed to take into account policies in the PPS or there is less than five years supply of deliverable sites, they should consider favourably planning applications for housing, having regard to the policies in PPS3. 5.5 At a strategic level RSS8 sets out the required annual rate of housing provision for each structure plan area for the period 2001-2021 including, for the Derby and Derbyshire structure plan area 2,550 houses per annum. These figures represent net increases in dwellings, no allowance being made for demolitions which are assumed replaced on a one-for-one basis. LPAs, developers and other agencies are advised to work jointly across administrative boundaries to ensure the release of sites is managed in the interests of sustainable development. The built up area of Derby is identified in the policy as a priority area for action in this regard. The RSS sets a regional target of 60% for re-use of previously developed land and buildings for additional dwellings (including conversions). 5.6 The Draft East Midlands Plan (RSS8), emerging RSS published in September 2006 identifies the required regional housing provision for each District and Unitary authority area for the period between 2001 and 2026. The average annual rates detailed for Derby and South Derbyshire are 700 and 605 dwellings respectively, again 60% of which are expected to be delivered on previously developed land. Housing provision is to be monitored annually and reviewed at least every five years. 5.7 The emerging RSS also states that LPAs, developers and others should work across administrative boundaries in the Region’s Housing Market Areas (HMAs) to ensure that the release of sites is managed to achieve a sustainable pattern of development. 5.8 Unlike the Adopted RSS, however, the emerging East Midlands Plan sets out the distribution of housing provision for each HMA over the period 2001-26. Housing within the Derby HMA is proposed at a rate of 1770 dwellings per annum of which 980 dwellings should be within or adjoining the Derby Principal Urban Area (PUA). Derby City is proposed at a rate of 700 dwellings per annum, all contributing to the PUA requirement. South Derbyshire is proposed at the rate of 605 dwellings per annum, of which 255 dws pa should be sustainable urban extensions to the Derby PUA, contributing to the 980 requirement. Development in the remainder of the District will be focused primarily on Swadlincote, including urban extensions as necessary. 5.9 The policies in the Adopted Structure Plan (2001) are development plan policies prepared under the previous planning system that are automatically ‘saved’ until 27 September 2007. The Plan makes provision for 66,900 dwellings to be built within the period 1991-2011.
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