Report to Sedgemoor District Council by Susan Heywood BSc(Hons) MCD MRTPI an Inspector appointed by the Secretary of State Date: 10 January 2019 Planning and Compulsory Purchase Act 2004 (as amended) Section 20 Report on the Examination of the Sedgemoor Local Plan 2011-2032 The Plan was submitted for examination on 1 August 2017 The examination hearings were held between 12 December 2017 and 22 March 2018 File Ref: PINS/V3310/429/6 Abbreviations used in this report AA Appropriate Assessment AONB Area of Outstanding Natural Beauty CNP Cheddar Neighbourhood Plan dpa Dwellings per annum EA Environment Agency ELR Employment Land Review FEMA Functional Economic Market Area HMA Housing Market Area HPC Hinkley Point C HRA Habitats Regulations Assessment IDS Infrastructure Delivery Strategy JSP Joint Structure Plan LDS Local Development Scheme MHCLG Ministry of Housing, Communities and Local Government MM Main Modification OAN Objectively assessed need PPG Planning Practice Guidance PPTS Planning Policy for Traveller Sites SA Sustainability Appraisal SHLAA Strategic Housing Land Availability Assessment SHMA Strategic Housing Market Assessment 2 Sedgemoor District Council Sedgemoor Local Plan, Inspector’s Report 10 January 2019 Non-Technical Summary This report concludes that the Sedgemoor Local Plan provides an appropriate basis for the planning of the District, provided that a number of main modifications [MMs] are made to it. Sedgemoor District Council has specifically requested me to recommend any MMs necessary to enable the Plan to be adopted. The MMs all concern matters that were discussed at the examination hearings. 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. In some cases I have amended their detailed wording and/or added consequential modifications where necessary. I have recommended their inclusion in the Plan after considering all the representations made in response to consultation on them. The Main Modifications can be summarised as follows: A modification to policy S1 to confirm the Council’s willingness to address any cross-boundary housing need issues which may emerge; Modifications to make clear that the housing figures in the Plan are minimum figures, that not all housing sites within settlements need to be previously developed land and that sites can be released in any of the settlements, from Bridgwater to Tier 2, in the event that a 5 year supply of housing cannot be demonstrated; Modifications to ensure that policies for development in the countryside are consistent with national policy; Modifications to the requirement for the support of the local community set out in some policies; Deletion of policy T11 and introduction of a new policy for ‘infill housing in the countryside’ as a consequence of the alteration of policies relating to local support; A modification to align policy T3 with policies for settlements lower down in the hierarchy to allow development outside of settlement limits to meet local need once the site allocations have been identified; A new policy setting out the mechanism for the delivery of affordable housing to meet local needs once the levels of growth set out in policy T3 have been met; A modification to clarify the affordable housing thresholds; Modifications to the policy for gypsies and travellers to ensure the Plan specifies the number of pitches needed and to ensure the criteria based policy complies with PPTS; Modifications to the policy for self-build development to increase flexibility and ensure that the policy does not lead to a delay in the development of allocated sites; The deletion of policies setting out objectives for development within specific settlements and the incorporation of these objectives into the supporting text to the Plan; Modifications to policies to ensure the impact on the M5 motorway is mitigated; Detailed modifications to policies to address specific soundness issues and issues of clarity and flexibility and compliance with national policy; Modifications to remove suggestions that the Council is applying the National Space Standards; Modifications to introduce specific monitoring measures and actions. 3 Sedgemoor District Council Sedgemoor Local Plan, Inspector’s Report 10 January 2019 Introduction 1. This report contains my assessment of the Sedgemoor Local Plan 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 2012 (the Framework) (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. The revised National Planning Policy Framework was published in July 2018. It includes a transitional arrangement in paragraph 214 whereby, for the purpose of examining this Plan, the policies in the 2012 Framework will apply. Unless stated otherwise, references in this report are to the 2012 Framework. 2. Some of the consultation responses to the MMs have suggested that the policies should be modified to incorporate references to the National Planning Policy Framework 2018 rather than the 2012 version. The Council would be supportive of this approach. Having carefully considered this matter I do not consider such modifications would be necessary to secure the soundness of the Plan given the transitional arrangements set out above. 3. 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 Sedgemoor Local Plan, submitted in August 2017 is the basis for my examination. It is the same document as was published for consultation in January 2017. Main Modifications 4. 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 /or not legally compliant and thus incapable of being adopted. My report explains why the recommended MMs, all of which relate to matters that were discussed at the examination hearings, are necessary. The MMs are referenced in bold in the report in the form MM/1, MM/2, MM/3 etc, and are set out in full in the Appendix. 5. Following the examination hearings, the Council prepared a schedule of proposed MMs and carried out sustainability appraisal of them. 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 I have made some amendments to the detailed wording of the main modifications and added consequential modifications where these are necessary for consistency or clarity. None of the amendments significantly alters the content of the modifications as published for consultation or undermines the participatory processes and sustainability appraisal that has been undertaken. Where necessary I have highlighted these amendments in the report. Policies Map 6. The Council must maintain an adopted policies map which illustrates geographically the application of the policies in the adopted development plan. 4 Sedgemoor District Council Sedgemoor Local Plan, Inspector’s Report 10 January 2019 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 the Policies Map as set out in the Proposed Submission Local Plan. 7. 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. In addition, there are some instances where changes to the policies map are needed to ensure that the relevant policies are effective. These further changes to the policies map were published for consultation in Appendix 2 of the MMs consultation document. 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 Proposed Main Modifications consultation document, dated August 2018, including Appendix 2. Consultation 9. The Council has produced a Statement of Community Involvement (SCI) and a Consultation Statement under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (LP Regulations). These indicate that the Council has given the public and organisations such as Parish Councils the opportunity to be involved, and to make representations, at various stages of the Local Plan preparation process. 10. Copies of the Plan were made available digitally and in hard copy available in the Council’s offices and libraries. In addition to individual consultations, newsletters, leaflets and press releases, together with other forms of communication, the Council held a number of public exhibitions. Whilst criticisms have been made that the exhibitions were held during the day when people were at work, the majority of them held at the submission draft stage (Regulation 19) ran up to 7pm. Together with the other forms of consultation, I am satisfied that this would have ensured that people were able to engage in the process if they wished to do so. The Council have taken into account views expressed on the Plan at the consultation stages. 11. I am satisfied that the Council has complied with its SCI and satisfied the requirements of the LP Regulations. Assessment of Duty to Co-operate 12.