Report to Harrogate Borough Council by Richard Schofield BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Date: 30 January 2020 Planning and Compulsory Purchase Act 2004 (as amended) Section 20 Report on the Examination of the Harrogate District Local Plan The Plan was submitted for examination on 31 August 2018 The examination hearings were held between 15-17; 22-24; 29-30 January and 12-13 February 2019. File Ref: PINS/E2734/429/9 Abbreviations used in this report AONB Area of Outstanding Natural Beauty dpa Dwellings Per Annum DtC Duty to Co-operate HRA Habitats Regulations Assessment HEDNA Housing and Economic Development Needs Assessment MM Main Modification The Framework National Planning Policy Framework (March 2012) NDSS Nationally Described Space Standard OAN Objectively-Assessed Need PPG Planning Practice Guidance SA Sustainability Appraisal SCI Statement of Community Involvement SHELAA Strategic Housing and Employment Land Availability Assessment SHMA Strategic Housing Market Assessment SINC Site of Interest for Nature Conservation WHS World Heritage Site 2 Harrogate District Local Plan Inspector’s Report, 30 January 2020 Non-Technical Summary This report concludes that the Harrogate District Local Plan provides an appropriate basis for the planning of the borough, provided that a number of Main Modifications [MMs] are made to it. Harrogate Borough Council specifically requested that I recommend any MMs necessary to enable the plan to be adopted. The MMs all concern matters that were discussed at the examination hearings. Following the hearings, the Council prepared schedules of the proposed modifications and carried out sustainability appraisal and Habitats Regulations Assessment of them. The MMs were subject to public consultation over a six-week period. I have recommended their inclusion in the plan after considering all the representations made in response to the consultation on them. The Main Modifications can be summarised as follows: • Reducing the plan period housing requirement figure to 13,377 new dwellings; • To delete a number of site allocations, which are considered to be unsound; • To ensure that the Plan’s development management policies are fully effective and consistent with national policy; and • A range of other alterations to the plan to ensure that it is positively- prepared, justified, effective and consistent with national policy. 3 Harrogate District Local Plan Inspector’s Report, 30 January 2020 Introduction 1. This report contains my assessment of the Harrogate District Local Plan in terms of Section 20(5) of the Planning & Compulsory Purchase Act 2004 (as amended). It considers first whether the plan’s preparation has complied with the Duty to Co-operate. It then considers whether the plan is compliant with the other legal requirements and whether it is sound. Paragraph 182 of the National Planning Policy Framework (the Framework) of March 2012 makes it clear that, in order to be sound, a Local Plan should be positively-prepared, justified, effective and consistent with national policy. 2. A revised Framework was published in July 2018. It includes a transitional arrangement in paragraph 214. This indicates that the policies in the 2012 Framework will apply for the purposes of examining this plan. Similarly, where the Planning Practice Guidance (PPG) has been updated to reflect the revised Framework, the previous versions of the PPG apply for the purposes of this examination under the transitional arrangement. Unless stated otherwise, therefore, references in this report are to the 2012 Framework and to the versions of the PPG that were extant prior to the publication of the 2018 Framework. 3. The starting point for the examination is the assumption that the local planning authority has submitted what it considers to be a sound plan. The Harrogate District Local Plan (the plan), submitted August 2018, is the basis for my examination. It is the same document as was published for consultation in January 2018. Main Modifications 4. In accordance with section 20(7C) of the 2004 Act, the Council requested that I should recommend any main modifications [MMs] necessary to rectify matters that make the submitted plan unsound, or not legally compliant, and thus incapable of being adopted. My report explains why the recommended MMs, all of which relate to matters that were discussed at the examination hearings, are necessary. The MMs are referenced in bold in the report in the form MM1, MM2, MM3 etc, and are set out in full in the Appendix to this report. 5. Following the hearings, the Council prepared a schedule of the proposed MMs and carried out sustainability appraisal and Habitats Regulations Assessment of them. The MMs were subject to public consultation for six weeks. I have recommended their inclusion in the plan after considering all of the representations made in response to the consultation on them. 6. I have taken account of the consultation responses in coming to my conclusions in this report and in this light some amendments have been made to the detailed wording of MM146 – MM148. These amendments do not significantly alter the content of the modifications as published for consultation or undermine the participatory processes and sustainability appraisal that has been undertaken. I have highlighted these amendments in the report. 4 Harrogate District Local Plan Inspector’s Report, 30 January 2020 Policies Map 7. The Council must maintain an adopted policies map, which illustrates geographically the application of the policies in the adopted development plan. When submitting a local plan for examination, the Council is required to provide a submission policies map showing the changes to the adopted policies map that would result from the proposals in the submitted local plan. In this case, the submission policies map comprised the following set of plans as set out in the Harrogate Local Plan Publication Draft 2018: Harrogate District 11.1; Designated Rural Areas of Harrogate District 11.2; Inset Maps 11.3-11.11; Inset Maps - Arkendale; Askwith; Baldersby; Beckwithshaw; Bewerley; Birstwith; Bishop Monkton; Bishop Thornton; Brearton; Burnt Yates; Burton Leonard; Copgrove; Copt Hewick; Cowthorpe; Dacre; Dacre Banks; Darley; Dishforth; Farnham; Follifoot; Galphay; Glasshouses; Goldsborough; Grantley; Great Ouseburn; Green Hammerton; Grewelthorpe; Hampsthwaite; Huby; Hunsingore; Kettlesing Bottom; Killinghall; Kirby Hill; Kirk Deighton; Kirk Hammerton; Kirkby Malzeard; Kirkby Overblow; Little Ouseburn; Little Ribston; Littlethorpe; Lofthouse; Long Marston; Markington; Marton Cum Grafton; Marton Le Moor; Melmerby; Middlesmoor; Minskip; North Deighton; North Rigton; North Stainley; Nun Monkton; Pannal; Rainton; Ramsgill; Ripley; Roecliffe; Sawley; Scotton; Sharow; Sicklinghall; Skelton on Ure; South Stainley; Spofforth; Staveley; Studley Roger; Summerbridge; Tockwith; Weeton; Whixley; Winksley. 8. The policies map is not defined in statute as a development plan document and so I do not have the power to recommend main modifications to it. A number of the recommended MMs to the plan’s policies nonetheless require further corresponding changes to be made to the policies map. These further changes were published for consultation alongside the MMs (Harrogate Local Plan Main Modifications Schedule/Schedule of Policy Map Changes May 2019). 9. When the plan is adopted, in order to comply with the legislation and give effect to the plan’s policies, the Council will need to update the adopted policies map to include all of the changes proposed in the set of plans listed above and the further changes published alongside the MMs. Assessment of Duty to Co-operate (DtC) 10. Section 20(5)(c) of the 2004 Act requires that the appointed Inspector considers whether the Council complied with any duty imposed on it by section 33A in respect of the plan’s preparation. In this case, up to the point at which the Council submitted the plan for examination in August 2018. 11. The Council has actively engaged with, and/or has been a member of, a number of bodies and organisations in order to consider the important issues relevant to the plan. These include neighbouring local authorities, North Yorkshire County Council and the Leeds City Region; local enterprise partnerships; and national agencies and organisations. There is clear evidence of joint working at both officer and member level. 12. Statements of Common Ground exist between the Council and certain organisations, in some cases confirming explicitly the view of the signatories 5 Harrogate District Local Plan Inspector’s Report, 30 January 2020 that the DtC has been met. There is clear agreement between the relevant local authorities that each will meet its own housing needs. Thus, no issues arise in relation to unmet housing need. There is no suggestion that any relevant bodies consider that the DtC has not been met. 13. I note the concerns of some in relation to the clear synergies, which it is felt have not been explored properly, between Wetherby (within Leeds) and the borough of Harrogate. Nonetheless, Leeds City Council does not dissent from the view that the DtC has been addressed by Harrogate Borough Council. It may be that the two authorities should give detailed, mutual consideration to the future development of Wetherby but that does not, of itself, demonstrate a failure under the DtC. 14. Overall, I am satisfied that, where necessary, the Council has engaged constructively, actively and on an on-going basis in the preparation of the plan and that the DtC has, therefore, been met. Assessment of Soundness Main Issues 15. Taking account of all representations, the written evidence, my numerous site visits and the discussions that took place at the examination hearings, I have identified 10 main issues upon which the soundness of the plan depends. Under these headings my report deals with the main matters of soundness. It also details my assessment of legal compliance. 16. I deal only, and proportionately, with the main matters of legal compliance and soundness. I do not respond to every point raised by the Council or by representors, nor do I refer to every policy, policy criterion or allocation.