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Local Plan Consultation and Potential Main Modifications

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Local Plan Consultation and Potential Main Modifications AGENDA ITEM 3 HIGH PEAK BOROUGH COUNCIL Report to Council 5 August 2015 TITLE : Local Plan consultation and potential main modifications EXECUTIVE COUNCILLOR : Councillor Tony Ashton, Leader CONTACT OFFICER : Dai Larner, Executive Director - Place Appendices Attached: Appendix 1 – Summary of consultation feedback and officer response Appendix 2 – Revised proposed main modifications to the Local Plan related to the consultation Appendix 3 – Heritage and landscape statements from the Council’s consultants Appendix 4 – Housing needs statement from the Council’s consultant 1. Reason for the Report: To consider the feedback to the recent Local Plan consultation and to agree the Council’s position regarding potential main modifications to the Local Plan. 2. Recommendations 2.1 That Councillors note the consultation responses and accompanying technical reports submitted by consultees. 2.2 That Councillors note and endorse the recommended responses to consultation feedback as outlined in Appendix 1 and in the statements prepared by the Council’s consultants in relation to housing needs and the heritage and landscape appraisal of the Woodhead Road site. 2.3 That Councillors endorse the proposed revised main modifications to the Local Plan as outlined in Appendix 2. 3.1 3. Executive Summary 3.1 As required by the Local Plan Inspector, a four week period of consultation for Local Plan examination participants was recently held. The consultation related to new evidence and potential associated main modifications to the Local Plan (Submission Version) regarding housing requirements and the heritage impacts of the allocation of the Woodhead Road site. 3.2 Comments were received from a total of 25 consultees which are summarised in Appendix 1. The Council’s consultants have prepared additional supporting statements to address specific technical matters raised by objectors in relation to the Housing Needs Study and the Woodhead Road Heritage and Landscape Appraisal. These are reflected in a suggested response to each matter raised by consultees set out in Appendix 1. 3.3 Following consideration of the consultation feedback, it is recommended that the proposed housing requirement of 350 homes per year is relayed to the Inspector along with the proposed removal of the Woodhead Road housing allocation and the removal of the 500 dwelling contribution from Cheshire East Council towards housing needs in High Peak. 3.4 In response to two comments, it is proposed that a further main modification is submitted to the Inspector to clarify that Policy DS6 (Woodhead Road) should also be removed from the Local Plan. 3.5 All responses have been submitted to the Planning Inspector for consideration. A further examination hearing session regarding the consultation matters will take place on 3 September at Bradbury, House, Glossop after which the Inspector will make his decision. 4. How this report links to Corporate Priorities 4.1 Given the broad nature of the Local Plan, it will have direct implications for all of the Council’s corporate priorities 5. Options and Analysis 5.1 Option 1 (recommended) – the Council supports the recommendation in this report and Appendix 1. This option aligns with the Council’s technical evidence. 5.2 Option 2 (not recommended) – the Council does not follow the recommendations identified in this report and Appendix 1. This option is not recommended as it does not accord with the evidence 3.2 6. Implications 6.1 Community Safety - (Crime and Disorder Act 1998) None directly 6.2 Workforce None directly 6.3 Equality and Diversity/Equality Impact Assessment This report has been prepared in accordance with the Council's Diversity and Equality Policies. An Equalities Impact Assessment has been undertaken in support of this report 6.4 Financial Considerations The ongoing costs for the Local Plan examination will be met by the agreed Regeneration service budget. 6.5 Legal The Local Plan has been prepared in accordance with the relevant planning acts and the Town and Country Planning (Local Development) (England) Regulations 2012. The implications of various court judgements in setting the objectively assessed housing need were considered as part of the consultation. The Local Plan has been subject to a Sustainability Appraisal at various stages in its preparation. An addendum to the Sustainability Appraisal of the options for the Local Plan new evidence has been prepared. 6.6 Sustainability The Local Plan has been subject to a Sustainability Appraisal at various stages in its preparation. An addendum to the Sustainability Appraisal of the options for the Local Plan new evidence has been prepared and was subject to the consultation. The responses are outlined in this report. 6.7 Internal and External Consultation A four week period of consultation period open to all individuals and organisations who submitted formal representations to the Submission Version of the Local Plan in 2014 ended on 16 th July. The consultation sought views on new evidence and potential implications to the High Peak Local Plan Submission Version in relation to housing requirements and the Woodhead Road housing allocation. The responses to this consultation and the Council’s subsequent position on these matters are discussed in this report. 3.3 Further consultation on all modifications deemed necessary by the Inspector to make the Local Plan sound may follow later in 2015. 6.8 Risk Assessment If the Council supports Option 2 as identified in Section 5, there is an increased risk that modifications to the Local Plan would not relate to the up to date evidence in relation to housing requirements and the Woodhead Road allocation. This risk would be minimised through the selection of Option 1. 7. Background and Detail 7.1 In response to a request from the Local Plan Inspector, the Council agreed on 11 June 2015 to consult on the following: • The findings of the updated Housing Needs Study and the Woodhead Road Heritage and Landscape Appraisal • The Council’s interpretation of the implications of the Satnam Millennium Ltd and Warrington Borough Council High Court judgement for assessing housing requirements • The proposed main modifications to the Local Plan regarding housing requirements and the Woodhead Road housing allocation 7.2 As outlined in the update sheet circulated at the meeting, the commencement of the consultation was subject to a review by officers of the final Woodhead Road Heritage and Landscape Appraisal to determine whether it had correctly applied the National Planning Policy Framework. This was in response to concerns raised by a developer that the interim report which had informed the Council report was flawed. The final appraisal was subsequently reviewed by officers and it was concluded that it had correctly applied policy. Accordingly, a four week period of consultation for Local Plan examination participants commenced on 18 June and closed on 16 July. Comments were received from a total of 25 parties. 7.3 The report considered by Council on 11 June set out that the proposed modifications were for consultation purposes. The update to the report clarified that the Council would give consideration to consultation responses before establishing its position. This report outlines the responses to the eight consultation questions posed in the Council’s consultation document and summarises any implications for the Local Plan. 7.4 Alongside the consultation document, the Council also published and sought views on the final Woodhead Road Heritage and Landscape Appraisal, the Housing Needs Study Update and a Sustainability Appraisal of the potential main modifications to the Local Plan. All of 3.4 these documents are available to view in the Local Plan examination library (ref. V1, 2 and 5) which is available online or at Council offices. 7.5 A summary of individual responses and the corresponding officer comment is provided in Appendix 1. The full responses and accompanying technical reports submitted by participants are available to view in the Local Plan examination library (ref. W1 to W20). Statements in response prepared by the consultants commissioned by the Council to write the Updated Housing Needs Study and the Woodhead Road Heritage and Landscape Appraisal accompany this report (Appendices 3 and 4). An overview of the responses to each question and a discussion regarding the potential implications is provided below. Question 1 Do you agree with the methodology and findings of the High Peak Local Plan Land at Woodhead Road Policy DS6- Heritage and Landscape Appraisal of Sites? Total number of Agree Disagree responses 11 10 1 7.6 The majority of responses supported the methodology and findings of the final Heritage and Landscape Appraisal of the Woodhead Road allocation. This appraisal identified both substantial and less than substantial harm, across different parts of the allocation, to both designated and non-designated heritage assets. Of the responses in support, the majority are from local residents and local interest groups. Historic England (formerly English Heritage) and Derbyshire County Council also support the report and its findings which they consider to reflect the relevant policies of the NPPF and which are consistent with their previous concerns regarding the allocation of the site for housing development. 7.7 One response submitted by a developer with an interest in the allocation raised concerns regarding the robustness of the study. They have commissioned heritage and landscape consultants to prepare a rebuttal assessment
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