(ITEM 6 ii a)
COUNCIL 27 OCTOBER 2004
BERKSHIRE STRUCTURE PLAN 2001 - 2016 MODIFICATIONS AND ADOPTION (Director of Environment & Leisure)
1 PURPOSE OF DECISION
1.1 The Council is requested to approve the adoption of the Berkshire Structure Plan 2001 – 2016, (separate enclosure) as recommended by the Executive.
2 RECOMMENDATION
2.1 That the Council acknowledges and ratifies the decision of the Joint Strategic Planning Committee on 13th July 2004:
a) “That,………, the Joint Committee formally approves the factual updates and points of clarification to the Berkshire Structure Plan and Explanatory Memorandum, detailed in Appendix 1.” (see table in paragraph 5.3)
b) “That, the Joint Committee agrees to the responses to representations made during the deposit period, as set out in Appendix 1.”
c) “That the Joint Committee recommends that the Berkshire Unitary Authorities follow the process leading to adoption set out in paragraph 3.6 of the report.”
2.2 That no further Examination In Public be required
2.3 That the Berkshire Structure Plan 2001 – 2016 be adopted on Friday 10th December 2004 or such other date as the Chief Executive in consultation with the Executive Member for Planning & Transportation shall agree with the Berkshire unitary authorities.
2.4 That the Council authorise the publication of the Form 3 - Notice of intention to adopt proposals for the alteration or replacement of a structure plan without proposing modifications or further modifications
2.5 That the Council authorise the publication of the Form 5 - Notice of adoption of proposals for the alteration or replacement of a structure plan
3 REASONS FOR RECOMMENDATION
3.1 Section 26 of the Planning and Compensation Act 1991 introduced Section 54A into the Town and Country Planning Act 1990. Section 54A requires that “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan
unless material considerations indicate otherwise”. The relevance of this matter is that where, previously, the development plan had been one of the material considerations in making a planning determination it then took on primacy. This increased the importance of having an up to date development plan if reasoned, robust and defendable planning determinations are to be made.
3.2 The adopted Development Plan presently comprises the Berkshire Structure Plan 1991 – 2006 (incorporating alterations adopted in August 1997) and the Bracknell Forest Borough Local Plan 2002. The composition of the Development Plan will be amended by the impending Planning and Compulsory Purchase Act 2004, such that the Development Plan will comprise the emerging Regional Spatial Strategy and Development Plan Documents.
3.3 The 2004 Act will contain transitional provisions such that once the emerging Berkshire Structure Plan 2001 – 2016 has been adopted its provisions can be “saved” for (probably) three years in order that some form of strategic planning policy will be in existence during the preparation, and until the adoption, of the Regional Spatial Strategy. The Berkshire Structure Plan 2001 – 2016 needs to be adopted to ensure continuous, up to date, strategic planning policy during the period after 2006 until the Regional Spatial Strategy is approved.
3.4 The Joint Strategic Planning Committee have overseen procedures to-date and on 13 July 2004 resolved to proceed to adopt the Berkshire Structure Plan. In this Committee Members considered a report that outlined the main issues that had arisen during the deposit of the Proposed Modifications to the Structure Plan. These included objections to Policies DP1, H3 and H4 on the location of housing development and the managed release of sites, Policy DP7 on gaps and wedges and Policy S1 on the absence of a shopping hierarchy. All comments received were summarised in an Appendix to the report and draft responses included (both are listed as No. 8 and 9 in the table in paragraph 5.3 below). Accordingly, no further Examination In Public (EIP) is needed as no new issues were raised to the proposed modifications and it is considered that a further EIP will not materially assist the decision making process. Recommendation 2 is required to satisfy the regulations for the Structure Plan process.
3.5 The final procedures to adoption of the Berkshire Structure Plan are that each of the six Berkshire Unitary Authorities are to resolve to adopt the Berkshire Structure Plan on a single day (i.e. 10th December 2004). Shortly following Bracknell Forest Borough Council’s resolution to adopt the Berkshire Structure Plan, the Council should publish its notice of intent to adopt (Form 3) and a notice of adoption (Form 5). Dates for publication of these notices can be found in paragraph 8.1 below.
4 ALTERNATIVE OPTIONS CONSIDERED
4.1 The alternative would be to not adopt the Berkshire Structure Plan 2001 - 2016. This would result in the existing Berkshire Structure Plan 1991 – 2006 becoming obsolete and the Borough Council not having an adopted, up to date development plan after 2006. The Borough Council would then be unable to comply with the requirements of Best Value Performance Indicator 200 (Development Plans) and would jeopardise any payment to be received under the Planning Delivery Grant. It would also have an adverse effect on the Borough Council’s rating as part of the Comprehensive Performance Assessment.
4.2 Furthermore, the absence of an adopted and up to date Structure Plan would hamper the Development Control process.
5 SUPPORTING INFORMATION
5.1 The existing Berkshire Structure Plan 1991 – 2006 was adopted on 4 November 1998 and a later alteration was incorporated in August 1997. When Berkshire County Council, which had responsibility for preparing the Structure Plan, was abolished in 1998, the six Unitary Authorities set up a Joint Strategic Planning Unit to administer the County Council’s planning responsibilities. Review of the Structure Plan began immediately.
5.2 Key issues were consulted on in November 1999 followed by a housing methodology in November 2000, a preliminary draft Berkshire Structure Plan 2001 – 2016 in October 2001 and a Deposit Draft in March 2002. Following consultation, proposed changes were made to the emerging Structure Plan in March 2003 and a further period of consultation ensued before the Structure Plan was subjected to an examination in public by an independent Panel in September 2003. A Deposit Draft Berkshire Structure Plan 2001 – 2016 incorporating Proposed Modifications was published in March 2004. Representations on the Proposed Modifications were considered by the Joint Strategic Planning Committee, set up by the six Unitary Authorities to oversee the review of the Structure Plan, which recommended that the Unitary Authorities follow the statutory process leading to adoption.
5.3 The relevant documents have already been made available to members at the respective timescales and are currently available from the Members Services and Information Manager (e-versions will be made available on request). These are listed in sequence as follows:
No. Documentation Date 1 Berkshire Structure Plan 2001-2016 Preliminary Draft 23 October 2001 (incorporating changes agreed by the Joint Strategic Planning Committee on 12 October 2001) 2 Deposit Draft Berkshire Structure Plan 2001-2016 March 2002 3 Summary of Objections to Deposit Draft Berkshire 12 June 2002 Structure Plan and copy of all objections 4 Berkshire Structure Plan 2001-2016 Deposit draft March 2003 Incorporating Changes agreed by the 6 Unitary Councils 5 Berkshire Structure Plan 2001-2016 Examination in November 2003 Public September 2003 Report of the Panel 6 Berkshire Structure Plan 2001-2016 Statement of March 2004 Decisions of the Berkshire Unitary Authorities’ Joint Strategic Planning Committee on the Recommendations of the Examination in Public Panel 7 Berkshire Structure Plan 2001-2016 Reasoned List of March 2004 Proposed Modifications to the Deposit Draft 8 Summary of the objections to the proposed 13 July 2004 modifications Appendix 1 as referred to in the recommendation 1 a & b 9 Report of Deposit on proposed modifications to the 13 July 2004 Structure Plan (Joint Strategic Planning Committee)
10 Version of the Berkshire Structure Plan 2001-2016 to 10 December 2004 be adopted
5.4 Under the joint arrangement between the Berkshire Unitary Authorities it is for each of the participating Councils to adopt the Structure Plan. Each Authority would then have to advertise its intention to adopt the Structure Plan and advertise again that the Plan has been adopted. There then begins a period of six weeks when legal challenges can be made to the Structure Plan.
5.5 The national planning system is now in a period of transition. Development Plans, comprising Structure and Local Plans, were given a more important role in relatively recent legislation in respect of Borough and District Councils’ Development Control function. Whilst the importance of the Development Plan is not expected to be affected by the impending changes in planning legislation, the composition of the Development Plan is to change.
5.7 The Development Plan will comprise the Regional Spatial Strategy (in place of Regional Planning Guidance and the Structure Plan) and Development Plan Documents (in place of the Local Plan). But preparation of the Regional Spatial Strategy has only just begun and is not likely to be completed by 2006. If there is to be no void in strategic planning guidance then transitional provision in the new planning legislation will allow for the Structure Plan to fill this policy vacuum.
5.8 Members have previously been circulated with copies of the Structure Plan incorporating Modifications with additions shown underlined and deletions shown strikethrough. The Joint Strategic Planning Unit has prepared a final version of the Structure Plan with the additions and deletions made. This will be available for the Council meeting.
6 ADVICE RECEIVED FROM STATUTORY AND OTHER OFFICERS
Borough Solicitor
6.1 Any comments have been included in this report.
Borough Finance Officer
6.2 The review of the Berkshire Structure Plan 1991 – 2006 culminating in the adoption of the Berkshire Structure Plan 2001 – 2016 has been budgeted for in the contract previously agreed with the Joint Strategic Planning Unit. Day to day management of the preparatory work leading to the adoption of the Berkshire Structure Plan has been undertaken by Officers of the Environment and Leisure Department under the general salary budget. The only outstanding costs relate to advertising the intention to adopt, and the adoption of, the Structure Plan.
Access Implications
6.3 The comments of the Access and Mobility Officer have been incorporated into the text of the emerging Structure Plan. The final document can be made available in a variety of formats.
7 CONSULTATION
7.1 Consultation has taken place at several stages during the review process for the Structure Plan and the representations received have all been examined and have helped to inform the proposed changes and modifications to be included in the final version of the Structure Plan document.
8 PROCESS TO ADOPTION
8.1 The next stages in the process can be summarised as:
• 19 October 2004 - Bracknell Forest Borough Executive resolving to recommend adoption to Full Council;
• 27 October 2004 – Bracknell Forest Borough Council resolution to adopt the Berkshire Structure Plan
• 04th November 2004 – 1st publication in the Bracknell News of Form 3: ‘Notice of intention to adopt proposals for the alteration or replacement of a structure plan without proposing further modifications’
• 11th November 2004 – 2nd publication in the Bracknell News of Form 3: ‘Notice of intention to adopt proposals for the alteration or replacement of a structure plan without proposing further modifications’
• 13th January 2005 – 1st publication in the Bracknell News of Form 5: ‘Notice of adoption of proposals for the alteration or replacement of a structure plan’
• 20th January 2005 – 2nd publication in the Bracknell News of Form 5: ‘Notice of adoption of proposals for the alteration or replacement of a structure plan’
• 14th January 2005 to 25th February 2005 – six week period for an application to the High Court under section 287 of the 1990 Act to challenge adoption of the Berkshire Structure Plan
Background Papers
• Berkshire Structure Plan 2001-2016 Preliminary Draft (incorporating changes agreed by the Joint Strategic Planning Committee on 12 October 2001) • Deposit Draft Berkshire Structure Plan 2001-2016 • Summary of Objections to Deposit Draft Berkshire Structure Plan and copy of all objections • Berkshire Structure Plan 2001-2016 Deposit draft Incorporating Changes agreed by the 6 Unitary Councils • Berkshire Structure Plan 2001-2016 Examination in Public September 2003 Report of the Panel • Berkshire Structure Plan 2001-2016 Statement of Decisions of the Berkshire Unitary Authorities’ Joint Strategic Planning Committee on the Recommendations of the Examination in Public Panel • Berkshire Structure Plan 2001-2016 Reasoned List of Proposed Modifications to the Deposit Draft • Summary of the objections to the proposed modifications
• Report of Deposit on proposed modifications to the Structure Plan (Joint Strategic Planning Committee) • Version of the Berkshire Structure Plan 2001-2016 to be adopted
Contact for further information John Waterton, Environment Department – (01344) 351179 [email protected]
Doc. Ref 00 Berkshire Structure Plan 2001-2016
Berkshire Structure Plan 2001 – 2016
Plan as recommended for adoption
Contents
page
1. Foreword 1 (Inc. Index of Policies)
2. Introduction 5 3. Vision 11 4. Spatial Strategy and 17 Development Principles 5. Environment 28 6. Housing 39 7. Employment 50 8. Shopping and Leisure 57 9. Transport 64 10. Minerals 75 11. Waste 79 12. Monitoring 84
Glossary 91 Acronyms 100 Appendix 1 101 Appendix 2 103 Key Diagram 105
Price £ To be confirmed ISBN: To be confirmed Published To be confirmed Joint Strategic Planning Unit, St Mary’s House, c/o Town Hall, St Ives Road, Maidenhead, Berkshire SL6 1RF. Telephone: 01628 796768 Fax: 01628 796739 Website: www.berks-jsu.gov.uk
i [blank page]
Berkshire Structure Plan 2001 – 2016
Foreword
1.01 This Structure Plan for Berkshire has been produced by the six Unitary Authorities through a Joint Strategic Planning Unit, which has served Berkshire since the abolition of Berkshire County Council in 1998. The Joint Unit was established by the six Unitary Authorities in 1998 to carry out the core strategic planning functions of the former County Council on their behalf, and is jointly funded by them. The Plan was recommended for adoption by the Joint Strategic Planning Committee for the Berkshire area on 13th July 2004.
Relationship of this Plan to the Planning and Compulsory Purchase Act 2004
1.02 The Planning and Compulsory Purchase Act 2004 (the Act)1 came into force in September 2004. This was after consideration of responses to the consultation on Proposed Modifications to the Deposit Draft Structure Plan but prior to the adoption of the Plan.
1.03 The Act establishes provisions that replace regional planning guidance and structure plans with regional spatial strategies. The Regional Spatial Strategy (RSS) for the South East Region, which includes Berkshire, is called the ‘South East Plan’ and is currently being prepared by the South East England Regional Assembly (SEERA), the regional planning body. Local plans, including those for Minerals and Waste, are each replaced by a suite of documents referred to as ‘Local Development Documents’ (LDDs).
1.04 To avoid confusion and for consistency please note that references in this plan to ‘Local Plans’ also refer to ‘Local Development Frameworks’ under the new Act. Guidance drawn from regional planning guidance will need to be considered within the context of the South East Plan.
1.05 In the interim, between the enactment of the Bill and the adoption of RSS and LDDs, it is anticipated that the Unitary Authorities will ‘save’ policies in this Structure Plan for up to 3 years after its adoption. These, with Local Plans, will form part of their Local Development Frameworks (LDFs) until their Local Plan policies are superseded by those adopted under the new Act. The details of this process will be set out in their Local Development Schemes.
1 Planning and Compulsory Purchase Act 2004, Chapter 5, TSO 2004 1
Adopting this Joint Structure Plan
1.06 A structure plan is the broadest-based kind of statutory development plan. It has legal standing and because of this its preparation has to follow a strict procedure before being adopted by the six Unitary Authorities. Figure 1.1 below summarises the various steps followed by the Unitary Authorities.
Figure 1.1 : Key Stages in the Preparation of the Plan
Adopting the Replacement Plan
Pre-Deposit Consultation Consultation on Deposit Draft Consultation on Proposed Changes to the Deposit Draft Examination in Public
EIP Panel’s Report of recommendations Consultation on Proposed Modifications to Deposit Draft Replacement Structure Plan adopted
Throughout the process the Plan has been assessed according to a sustainability appraisal methodology, and the results published alongside each stage of the Plan. Details of the sustainability assessment process are in paragraphs 2.14 to 2.18, and the objectives used are listed in Appendix 1.
Figure 1.2: Key Dates in the preparation of the Plan:
March 2002 Publication of the Deposit Draft and associated papers for statutory public consultation. March - April 2002 Deposit Draft put ‘on deposit’ - the 6 week statutory public consultation period. May - Nov 2002 Publication of sustainability assessment, consideration of this and responses to the Deposit Draft. March 2003 Publication of Proposed Changes to the Deposit Draft. September 2003 Examination of the Plan in public by an independent panel appointed by the Planning Inspectorate. December 2003 Report of the Examination in Public Panel published. March - April 2004 Proposed Modifications to the Deposit Draft put ‘on deposit’ – the 6 week statutory public consultation period. December 2004 Adoption of the Plan by the six Unitary Authorities.
1.07 Further copies of the Plan can be obtained from the Joint Strategic Planning Unit, or from our website – www.berks-jsu.gov.uk.
2 Index of Policies
Chapter 4 Spatial Strategy and Development Principles Page DP1 Spatial Strategy 18 DP2 Major development other than Employment, Housing, Retail or 19 Leisure DP3 Green Belt 20 DP4 Provision of Infrastructure, Services and Amenities 21 DP5 Quality of Urban and Suburban Areas 22 DP6 Land Outside Settlements 23 DP7 Gaps and Green Wedges 24 DP8 Rural Communities 25 DP9 Blackwater Valley 27 Chapter 5 Environment EN1 Landscape 28 EN2 Soil Quality and Agricultural Land 30 EN3 Biodiversity 30 EN4 Historic Environment 33 EN5 Air Pollution and Nuisance 34 EN6 Prevention of Flooding 35 EN7 Development and Water Resources 36 EN8 Renewable Energy and Energy Conservation 37 Chapter 6 Housing H1 Overall Housing Provision 41 H2 Housing Distribution and Phasing 41 H3 Location of Housing Development 43 H4 Managed Release of Sites 45 H5 Affordable Housing 46 H6 Residential Density and Dwelling Mix 47 H7 Loss of Housing 48 H8 Gypsy Sites 49 Chapter 7 Employment E1 Location of Employment Development 51 E2 Acceptability of Employment Development 52 E3 Diversity of Employment 54 E4 Future Uses for Employment Land 55 Chapter 8 Shopping and Leisure S1 Major Retail and Leisure Development in Town Centres 57 Schedule Role of the Main Town Centres within Berkshire 58 1 S2 Retail Development outside Major Town Centres 60 S3 Leisure Development outside Major Town Centres 61 S4 Other Sport, Recreation, Tourism and Leisure Uses 64 Chapter 9 Transport T1 Transport Strategy 65 T2 Strategic Transport Network 66 T3 Facilitating the Development of the Strategic Transport Network 70 T4 Travel Impacts 70 T5 Car Parking 72 T6 Park and Ride 74
3
Chapter 10 Minerals M1 Future Aggregates Supply 75 M2 Areas for Future Working 76 M3 Aggregates from Other Sources 77 M4 Safeguarding Mineral Resources 77 M5 Environmental Impacts and Restoration 78 Chapter 11 Waste W1 Providing for the Management and Treatment of Waste 80 W2 Locations for New Facilities 81 W3 Environmental Impacts and Restoration 82 W4 Providing for Waste in New Development 82
4 CHAPTER 2
INTRODUCTION
2.01 A structure plan is a document that provides a broad strategy over a wide area – normally a geographical county - for managing development locally. Bracknell Forest Borough Council, Reading Borough Council, the Royal Borough of Windsor and Maidenhead, Slough Borough Council, West Berkshire Council and Wokingham District Council are the planning authorities in Berkshire and they have co-operated to produce this Structure Plan. The Plan covers the period 2001-2016.
2.02 The Deposit Structure Plan consists of a ‘written statement’, setting out the Unitary Authorities’ policies, and a key diagram, which illustrates the main spatial features of the Plan.
2.03 In addition, the Unitary Authorities have prepared an explanatory memorandum, which explains the basis for the overall strategy, provides the background to the approved policies and outlines how they consider the policies are to be interpreted and implemented. For ease of use, the policies are incorporated in the explanatory memorandum.
2.04 In considering proposals for development, regard should be given to all policies in the Plan and not just those in specific topic chapters.
2.05 The preparation of a structure plan takes place within a wider context. This extends from national policy right down to the local level. A diagram showing the planning framework within which this Plan was produced is shown below. The Plan must be compatible with the Government’s wider aims, including that development should more sustainable.
Figure 2.1: The Planning Framework
The Planning Framework European Regulations Government Policies
Regional Planning Guidance