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Agenda Item 7 Report PC15/17 Report to Planning Committee Date Agenda Item 7 Report PC15/17 Report to Planning Committee Date 9 March 2017 By Director of Planning Title of Report Revised Policies for the Pre-Submission South Downs Local Plan Purpose of Report To comment on the revised policies of the Pre-Submission South Downs Local Plan Recommendation: The Committee is recommended to 1) Endorse the direction of the policies as detailed in Appendices 1 to 7 of this report for inclusion in the Pre-Submission Local Plan document, subject to any comments made by the Planning Committee being addressed. 2) Note that the Pre-Submission Local Plan will be reported to Planning Committee for consideration prior to publication for public consultation, and 3) Note that the Pre-Submission Local Plan document will be subject to final approval by the National Park Authority. 1. Summary 1.1 This report introduces the following revised draft Local Plan policies, which are set out as appendices to this report: Appendix 1: Sites & Settlements Appendix 2: Strategic Sites Appendix 3: Affordable Housing Appendix 4: Green Infrastructure Appendix 5: Water Appendix 6: Climate Change Appendix 7: Design 1.2 The first recommendation is that they are endorsed for inclusion in the emerging Local Plan, subject to any comments made by the Planning Committee being addressed. This endorsement would also acknowledge that the policies may need further amendments prior to being incorporated into the whole document, in order to fit within other draft policies. Recommendations (2) and (3) also note that the complete draft Pre-Submission Local Plan will be reported to Planning Committee for consideration prior to final approval by the South Downs National Park Authority (SDNPA) for consultation. 1.3 The policies forming Appendices 1 to 6 were reviewed by the Local Plan Members Working Group (LPMWG) on 14 February 2017. The draft Design policy (Appendix 7) was reviewed by LPMWG on 14 September and 25 October 2016. 1.4 A brief explanation of progress to date on the emerging South Downs Local Plan is set out below followed by introductory text on the draft policies. 11 2. Background 2.1 The draft policies form part of the Pre-Submission version of the Local Plan (subsequently referred to as the Local Plan) that will be published for public consultation under Regulation 19 of The Town and Country Planning (Local Planning) (England) Regulations 2012. This version of the plan follows on from the Issues and Options and the Preferred Options documents that were published for public consultation in 2014 and 2015 respectively. 2.2 At the beginning of each policy is a table of changes. This lists and provides a reason for all the changes that have been made to the policy as published in the Preferred Options Local Plan. Most of the changes are in response to representations made as part of the Regulation 18 consultation. The summary of representations were presented to LPMWG in February. The changes requested at LPMWG are listed at the bottom of the table. Any changes proposed at Planning Committee will also be added to the tables to ensure that a clear audit trail is made of all changes to the Local Plan. 2.3 This is the final batch of draft policies and supporting text to be reported to the Planning Committee ahead of being included in the Local Plan. This will be presented to the Planning Committee in its entirety in June for consideration and recommendation to the SDNPA to approve the document for consultation 2.4 The policies being presented to Planning Committee are one of several tranches of Local Plan policies that have been considered by Members. It is relevant to note the following extract from the Introduction of the Local Plan, which was endorsed by Planning Committee on 10th March 2016: It is important that the plan is read as a whole. All Local Plan policies should be viewed together and not in isolation in the preparation and consideration of planning applications. All development plan policies will be taken into account in determining planning applications, along with other material considerations. The policies in this Local Plan do not list or cross-reference to all other policies that may be relevant. 2.5 It is also relevant to highlight the wording of Local Plan policies and the extent to which they should be positively or negatively worded. This is a matter on which the NPA has sought two sets of legal advice, which have been discussed in detail with members at Local Plan Members Working Group. The first set of legal advice was to word policies in positive terms and to use negative wording where necessary to reflect national policy or provide clarity. The use of negative wording was considered particularly appropriate for purpose 1 policies relating to the natural beauty, wildlife and cultural heritage of the National Park. The second set of legal advice provided an opinion on specific draft policies, for example, it advised that the use of the word ‘only’ was defensible in policy SD5 on landscape character as it was linked to the first purpose of national parks. 2.6 The first set of legal advice also suggested revised wording for the first policy of the Local Plan, which is a core policy on sustainable development in the South Downs National Park. Core Policy SD1: Sustainable Development 1. When considering development proposals that accord with relevant policies in this Local Plan and with National Park purposes, the Authority will take a positive approach that reflects the presumption in favour of sustainable development. It will work with applicants to find solutions to ensure that those development proposals can be approved without delay, unless material planning considerations indicate otherwise. 2. The National Park purposes are i) to conserve and enhance the natural beauty, wildlife and cultural heritage of the area; and ii) to promote opportunities for the understanding and enjoyment of the special qualities of the national park by the public. Where it appears that there is a conflict between the National Park purposes, greater weight will be attached to the first of those purposes. In pursuit of the purposes, the National Park Authority will pay due regard to its duty to seek to foster the economic and social well-being of the local communities within the National Park. 3. When determining any planning application, the Authority will consider the cumulative impacts of development. Planning permission will be refused where development proposals fail to conserve the landscape, natural beauty, wildlife and cultural heritage of the National Park 12 unless, exceptionally: (1) the benefits of the proposals demonstrably outweigh the great weight to be attached to those interests; and (2) there is substantial compliance with other relevant policies in the development plan. Supporting text This policy reflects the three guiding principles of this Local Plan: i) the presumption in favour of sustainable development set out in the National Planning Policy Framework; ii) the statutory duty of the SDNPA to have regard to National Park purposes when determining planning applications; and iii) the great weight to be attached, in the determination of planning applications, to conserving and enhancing the natural beauty, wildlife and cultural heritage of the National Park. These three principles are reflected in the policies that appear throughout the Local Plan. On adoption, the South Downs Local Plan will form part of the statutory development plan for the whole of the National Park, along with the minerals and waste plans and ‘made’ (adopted) neighbourhood development plans. The planning system in England is plan-led. By law, decisions on planning applications must be taken in accordance with the development plan unless material planning considerations indicate otherwise. It is implicit within paragraph 1 of Policy SD1 that if a development proposal does not comply with key policies in the development plan, then it will be contrary to the development plan, and may therefore be refused.” 2.7 Following the adoption of the Local Plan, it will be the first time that the National Park has been planned for as a single entity. It will also supersede all inherited Local Plans and Joint Core Strategies, which cover the National Park other than those dealing with minerals and waste. The Local Plan will be the key to delivering sustainable development in the National Park. 2.8 The Local Plan will form part of the ‘development plan’ alongside adopted neighbourhood development plans, which are being developed by local communities in many settlements across the National Park. The minerals and waste plans will also be part of the development plan. The new Local Plan should be consistent with the principles and policies of the National Planning Policy Framework (NPPF) (2012) and reflect the DEFRA Vision and Circular for National Parks (2010) 3. Draft Sites & Settlements chapter 3.1 The Sites & Settlements chapter will form a separate chapter of the Local Plan and deals with all the draft Housing, Gypsy, Traveller and Travelling Showpeople and Employment allocations in the National Park outside neighbourhood planning areas and apart from Strategic Sites. It should be noted that work is still underway on this chapter particularly in regard to refining the site specific development rquirements. 3.2 The key issues addressed in this chapter are, with regard to housing, setting out specific allocations for settlements identified in the Local Plan as suitable to accommodate residential development. Each housing allocation will be set out in a specific policy which details the location of development, the expected quantum of dwellings and site specific constraints, opportunities and requirements. 3.3 In response to LPMWG, the policy for the proposed Holmbush Caravan Site in Midhurst will set out that it is suitable for general housing rather than aged-restricted as suggested by officers.
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