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Comment .

Consultee Mr Graham Banks (46823)

Email Address [email protected]

Company / Organization Hambleton District Council

Address Civic Centre Stone Cross Northallerton DL6 2UU

Event Name Whitby Business Park AAP (Proposed Submission)

Comment by Hambleton District Council (Mr Graham Banks)

Comment ID WBP10

Response Date 11/29/13 10:43 AM

Consultation Point Whitby Business Park AAP Proposed Submission ( View )

Status Processed

Submission Type Email

Version 0.5

Guidance notes

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Please tick the sections of the guidance that you wish to read.

Introduction

1. Introduction 1.1 The Plan Document is published in order for representations to be made prior to submission. The representations will be considered alongside the submitted Plan Document, which will be examined by a Planning Inspector. The Planning and Compulsory Purchase Act 2004 which can be viewed at: http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040005_en_1 states that the purpose of the examination is to consider whether the Plan Document complies with the legal requirements and is ‘sound’. • If you are seeking to make representations on the way in which the Local Planning Authority has prepared the published document it is likely that your comments or objections will relate to a matter of legal complicance.

Powered by Objective Online 4.2 - page 1 • If it is the actual content on which you wish to comment or object it is likely it will relate to whether the Plan Document is sound and has been postively prepared, is justified, effective and consistent with national policy.

Legal Compliance

2. Legal Compliance 2.1 The Inspector will first check that the Plan Document meets the legal requirements under s20(5)(a) of the 2004 Act before moving on to test for soundness. You should consider the following before making a representation on legal compliance: • The Plan Document in question should be within the current Local Development Scheme (LDS) and the key stages should have been followed. The LDS is effectively a programme of work prepared by the Local Planning Authority (LPA), setting out the Local Plan documents it proposes to produce over a 3 year period. It will set out the key stages in the production of any Plan Documents which the LPA propose to bring forward for independent examination. If the Plan Document is not in the current LDS it should not have been published for representations. The LDS should be on the LPA’s website and available at their main offices. • The Planning Document should comply with the Town and County Planning (Local Development) (England Regulations) 2004 as amended (2008 Amending Regulations): http://www.opsi.gov.uk/si/si2004/20042204.htm http://www.opsi.gov.uk/si/si2008/pdf/uksi_20081371_en.pdf On publication, the LPA must publish the documents prescribed in the regulations, and make them available at their principal offices and their website.The LPA must notify any persons who have requested to be notified. • The LPA is required to provide a Sustainability Appraisal Report. This should identify the process by which the Sustainability Appraisal has been carried out, and the baseline information used to inform the process and the outcomes of that process. Sustainability Appraisal is a tool for appraising policies to ensure they reflect social, environmental, and economic factors. • The Plan Document should have regard to the National Planning Policy Framework.

Soundness

3.1 To be sound a Plan Document should be: Positively Prepared - the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development; Justified - This means that the Plan Document should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; Effective - The Plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and Consistent with National Policy - The Plan should enable the delivery of sustainable development in accordance with the polciies in the Framework.3.2 If you think the content of a Plan Document is not sound because it does not include a policy where it should do, you should go through the following steps before making representations: • Is the issue with which you are concerned already covered specifically by any national planning policy? If so it does not need to be included. • Is what you are concerned with covered by any other policies in the Plan Document on which you are seeking to make representations or in any other Local Plan Document.There is no need for repetition between documents. • If the policy is not covered elsewhere, in what way is the Plan Document unsound without the policy? • If the Planning Document is unsound without the policy, what should the policy say?

4. General advice 4.1 If you wish to make a representation seeking a change, you should make clear in what way the Plan Document or part thereof is not sound having regard to the legal compliance check and four tests set out above.You should try to support your representation by evidence showing why the Plan Document should be changed. It will be helpful if you also say precisely how you think the Plan Document should be changed. Representations should cover succinctly all the information, evidence and supporting information necessary to support/justify the representation and the suggested change, as there will not normally be a subsequent opportunity to make further submissions based on the original representation made at publication. After this stage, further submissions will be only at the request of the Inspector, based on the matters and issues he/she identifies for examination. 4.2 Where there are groups who share a common view on how they wish to see a Plan Document changed, it would be very helpful for that group to send a single representation which represents the view, rather than for a large number of individuals to send in separate representations which repeat the same points. In such cases the group should indicate how many people it is representing and how the representation has been authorised.

To which document does your comment(s) relate? Whitby Business Park AAP

Legal Compliance

Do you consider the Whitby Business Area Action Yes Plan to be legally compliant?

Soundness Of Plan

Considerations in relation to the Whitby Business Park Area Action Plan being sound are explained in the National Planning Policy Framework in para 182.

Do you consider that the Whitby Business Park Yes Area Action Plan is sound?

Reason for being Unsound

The definitions of soundness were set out on the previous Guidance Notes page.

If you consider the plan to be unsound, for which N/A reason[s]? (If you are suggesting the Plan is sound please select N/A)

Unsound or Not Legally Compliant

Please give details of why you consider the Whitby Business Area Action Plan to be not legally compliant or unsound.Your reason should concisely cover all the information, evidence and supporting information necessary to support or justify your comments, as there will not normally be another opportunity to make further representations after publication stage. After this stage, further submissions will only be at the request of the Inspector, based on the matters and issues he/she identifies for Examination. You may also use this box if you wish to support the legal complicance or soundness of the Whitby Business Area Action Plan or make a representation on the Sustainability Appraisal or Policies Map. (If you are suggesting the plan is legally justified or sound please write N/A)

Why specifically do you consider the Whitby Business Area Action Plan is not legally compliant or unsound?

Powered by Objective Online 4.2 - page 3 Thank you for consulting Hambleton District Council on your Area Action Plan and for giving me the opportunity to discuss it with you and Sarah Housden from the North York Moors National Park Authority earlier this week. Given the great distance between our District’s main centres and Whitby, there is little of cross-boundary significance arising in terms of your Plan’s strategic priorities. We therefore have no strategic concerns to raise, and wish to support the Plan’s policies to provide for local employment needs within your Borough and at Whitby. I trust that this proves helpful in demonstrating you have fulfilled the Duty to Co-operate.

Necessary Changes for Acceptability of Area Action Plan

Please set out what change(s) you consider necessary to make the Whitby Business Park Area Action Plan legally compliant or sound having regard to the test you have previously identifed where this relates to soundness.You will need to say why this change will make the plan legally complicant or sound. It will be helpful if you are able to put forward your suggested revised wording of any polcy or text. Please be as precise as possible. (If you are suggesting the plan is legally justified or sound please write N/A)

What are the changes required to make the Whitby Business Area Area Park legally compliant or sound? N/A

If your representation is seeking a change, do you N/A consider it necessary to speak at the Examination in Public? (If you are not seeking a change select N/A)

If you wish to speak at the Examination in Public, please state why you consider this to be necessary. If you have selected No , your representation(s) will still be fully considered by the independent Planning Inspector by way of your written representation(s). (If you are not seeking a change please type N/A)

N/A