Inspector's Report
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Report to Waverley Borough Council by Jonathan Bore MRTPI an Inspector appointed by the Minister for Housing, Communities and Local Government Date 01 February 2018 Planning and Compulsory Purchase Act 2004 (as amended) Section 20 Report on the Examination of the Waverley Borough Local Plan Part 1 The Plan was submitted for examination on 21 December 2016. The examination hearings were held between 27 June and 6 July 2017. File Ref: PINS/R3650/429/8 Abbreviations used in this report AGLV Area of Great Landscape Value AONB Area of Outstanding Natural Beauty DtC Duty to Co-operate HMA Housing market area HRA Habitats Regulations Assessment LAA Land Availability Assessment LDS Local Development Scheme MM Main modification NPPF National Planning Policy Framework OAN Objectively assessed need PPG Planning Practice Guidance PPTS Planning Policy for Traveller Sites SA Sustainability appraisal SAC Special Area of Conservation designated under European Council Directive 92/43/EEC (The ‘Habitats Directive’) SAMM Strategic Access Management and Monitoring SANG Suitable Alternative Natural Greenspace SCI Statement of Community Involvement SPA Special Protection Area designated under European Council Directive 2009/147/EC (The ‘Birds Directive’) SHMA Strategic housing market assessment TA Transport assessment 2 Waverley Borough Local Plan, Inspector’s Report February 2018 Non-Technical Summary This report concludes that the Waverley Borough Local Plan Part 1 provides an appropriate basis for the planning of the Borough provided that a number of main modifications (MMs) are made to it. Waverley Borough Council has specifically requested me to recommend any MMs necessary to enable the Plan to be adopted. Following the hearings, the Council prepared schedules of the proposed modifications and carried out sustainability appraisal 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 consultation on them. The detailed wording of MM11 and MM16 has been slightly altered post-consultation to reflect the NPPF and for the sake of clarity. The Main Modifications can be summarised as follows: Modifications to increase the housing requirement in the Borough, with revised figures for individual towns and parishes, to take account of market signals in relation to housing affordability, and to meet a proportion of the unmet housing need in the housing market area. Among the consequential changes are statements to the effect that the forthcoming Waverley Borough Local Plan Part 2 will make site allocations of any size to enable the housing requirement to be achieved. Modifications to the Green Belt policy, brought forward by the Council, to allow certain sites to be removed from the Green Belt and either incorporated within the built up area boundaries or allocated for housing, to ensure an adequate supply of housing land where it is needed; to bring greater clarity to the proposals to remove certain villages from the Green Belt and allow their detailed Green Belt boundary changes to be defined in Local Plan Part 2; and to delete proposed additions to the Green Belt which are not supported by sufficient evidence to demonstrate exceptional circumstances. Modifications to the wording of the policy relating to Dunsfold Aerodrome, to ensure that the development contains sustainable transport measures and adequate mitigation for its transport impacts; and the introduction of a new policy for Dunsfold Aerodrome to establish the design principles for the site and the processes by which the design of future proposals will be considered. Modifications to a range of policies to ensure consistency with the NPPF and Planning Practice Guidance, to achieve greater clarity or to update their contents. 3 Waverley Borough Local Plan, Inspector’s Report February 2018 Introduction 1. This report contains my assessment of the Waverley Borough Local Plan Part 1 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 sound and whether it is compliant with the legal requirements. The National Planning Policy Framework (NPPF), paragraph 182, makes it clear that, in order to be sound, a Local Plan should be positively prepared, justified, effective and consistent with national policy. 2. 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 Waverley Borough Pre-Submission Local Plan Part 1: Strategic Sites and Policies was published for consultation in August 2016. This is referred to in this report as “the pre-submission plan”; it was the basis for the examination, and the list of main modifications relates to it because it was the version that was subject to consultation. Following the consultation, the Council published a “tracked changes” version of the plan, showing modifications it was proposing to make as a result of consultation responses. This was submitted for examination in December 2016 and was the version referred to for the sake of convenience during the hearings. It is referred to in this report as “the submitted plan”. Main Modifications 3. 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 Plan unsound and thus incapable of being adopted. My report explains why the recommended MMs 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. 4. Following the examination hearings, the Council prepared a schedule of proposed MMs and these were subject to sustainability appraisal. The MM schedule was subject to public consultation for six weeks. 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 MM11 and MM16. 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. Where necessary I have highlighted these amendments in the report. Policies Map 5. 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 comprises the set of plans identified as Plans 1 to 9 and the series of plans in Appendix E. 4 Waverley Borough Local Plan, Inspector’s Report February 2018 6. 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. However, a number of the published MMs to the Plan’s policies require further corresponding changes to be made to the policies map. 7. These further changes to the policies map were published for consultation in the Schedule of Main Modifications to Local Plan Part 1 (September 2017). 8. 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 the changes proposed in the plan and the further changes published alongside the MMs. Consultation 9. The Council undertook formal consultation over a 6 week period from 3 September to 17 October 2014 and published a paper entitled “Consultation on Potential Housing Scenarios and Other Issues”. This covered the spatial strategy, Green Belt issues, and issues relating to Gypsies and Travellers, landscape protection and commercial land. It also provided an opportunity to comment on the LAA (Land Availability Assessment). Consultation was widespread and it is clear that, by using a range of consultation techniques, the Council aimed to reach as many people as possible. There was also an exhibition which attracted 1,792 visitors. People were able to give their views and respond to specific consultation questions; 4,265 responses were received. The Council’s Consultation Statement of August 2016 sets out the approaches to consultation and how representations were taken into account. It is clear from the evidence that the consultation was adequate for the purposes of Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. 10. The Consultation Statement Update of December 2016 explains the consultation that took place under Regulation 19 of the same Regulations, the main issues raised and how they were addressed. 11. Consultation has been extensive and meets the requirements of the Regulations and the Council’s own Statement of Community Involvement. Assessment of Duty to Co-operate 12. Section 20(5)(c) of the 2004 Act requires that I consider whether the Council complied with any duty imposed on it by section 33A in respect of the Plan’s preparation. 13. The Council has actively engaged with, or has been a member of, a number of bodies and organisations in order to consider important issues relevant to the Plan. These include the Thames Basin Heaths Special Protection Area Joint Strategic Partnership Board; East Hampshire District Council and Natural England; the County Council; several other district councils; town and parish councils; infrastructure providers; organisations representing Gypsies, Travellers and Travelling Showpeople; the Highways Authority, Network Rail, TfL and transport providers; and key organisations and agencies such as water companies, health providers, education, social services, adult social care, telecommunications companies and emergency services and others. 5 Waverley Borough Local Plan, Inspector’s Report February 2018 14.