tion Statement Tendring District Local Plan Consultation Statement October 2017 October 2017 1 Contents 1. Introduction 3 2. Legislation and requirements 4 3. Bodies and persons invited to make reps under regulation 18 5 4. How bodies and persons were invited to make reps under regulation 18 8 5. Summary of main issues raised in regulation 18 reps 10 6. How regulation 18 reps were taken into account 20 7. Regulation 20 reps - main issues 22 Appendix 1: List of consultees Appendix 2: Letters and emails Appendix 3: Leaflets Appendix 4: Press releases and newspaper ads Appendix 5: Report to Local Plan Committee 12 November 2015 Appendix 6: Report to Local Plan Committee 3 November 2016 2 1. Introduction 1.1 Tendring District Council (TDC) has prepared a Local Plan to guide development up to 2033. The Local Plan comprises two sections. Section 1 was prepared in partnership with Braintree District Council and Colchester Borough Council (the North Essex authorities) and plans for the creation of three garden communities across North Essex, which will include longer term development beyond the plan period. Section 2 is unique to Tendring and includes allocations and policies to guide development in the Tendring District up to 2033. 1.2 The timetable for the Local Plan production, as set out in the Local Development Scheme, has been as follows: Issues and Options consultation (Regulation 18) - 1 September - 13 October 2015 Preferred Options consultation (Regulation 18) – 14 July - 8 September 2016 Publication Draft consultation (Regulation 19) – 16 June – 28 July 2017 Submission to Secretary of State (Regulation 22) October 2017 1.3 This Consultation Statement accompanies the submission documents for examination. 1.4 Regulation 18(1) of the Town and Country Planning (Local Planning) (England) Regulations 2012 provides that a local planning authority must invite consultees to ‘make representations to the local planning authority about what a local plan…ought to contain’, and that the local authority should then take account of these views when developing its plan. Accordingly an Issues and Options document seeking views on what the new Local Plan ought to contain was published for public consultation from 1 September to 13 October 2015. At the same time, landowners and developers were invited to put forward potential development sites (‘call for sites’). 1.5 The Issues and Options document provided background on the plan-making process and then posed a series of open-ended questions on key issues and high level options for growth. The document made it clear that the local planning authority was at the initial stages of considering policy and site allocation options. It also made clear that it was open to suggestions from all respondents on how the Local Plan can best be revised to meet the needs of a growing population, changing social and economic circumstances, and evolving national policies. 1.6 Following the Issues and Options consultation the local planning authority considered all representations (610), which are summarised in this Statement, the evidence base, national policy, and began the process of drafting the Preferred Options Local Plan. 1.7 The Preferred Options Local Plan was published for consultation from 14 July to 8 September 2016. 1,537 representations were received on numerous aspects of the Preferred Options Local Plan. Following consideration of all representations received and further evidence the LPA amended the Preferred Options draft and the Council approved the Publication Draft Local Plan for consultation on June 2017. The Publication Draft Local Plan was published for consultation from 16 June to 28 July 2017. 3 2. Legislation and requirements 2.1 Regulation 17(d) of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) states that proposed submission documents include a Consultation Statement. The Consultation Statement must set out: (i) Which bodies and persons were invited to make representation under regulation 18; (ii) How those bodies and persons were invited to make such representations; (iii) A summary of the main issues raised by those representations; and (iv) How those main issues have been addressed in the DPD. 2.2 Regulation 22(1) (Submission of documents and information to the Secretary of State) states that the documents prescribed for the purposes of section 20(3) of the Act are: (a) Sustainability appraisal report (b) Submission policies map (c) Consultation statement* (d) Copies of any representation made in accordance with regulation 20 (e) Such supporting documents the LPA consider relevant to the preparation of the local plan * The Consultation Statement must set out: (i) which bodies and persons the LPA invited to make reps under regulation 18; (ii) how those bodies and persons were invited to make representation under regulation 18; (iii) a summary of the main issues raised by the representations made pursuant to regulation 18; (iv) how any representations made pursuant to regulation 18 have been taken into account; (v) if representation were made pursuant to regulation 20, the number of representations made and a summary of the main issues raised in those representations; and (vi) if no representations were made that no reps were made. 2.3 The following sections address requirements (i) – (v). Representations were made pursuant to regulation 20 and so (vi) is not applicable to the Tendring Local Plan. 4 3. Bodies and persons invited to make reps under regulation 18 3.1 The local planning authority maintains a Planning Policy consultations database, which currently contains 1,771 consultees. All of these consultees were informed of each of the stages of consultation and invited to make representations. A list of organisations on the LPAs consultation database is included in appendix 1. Please note that the individuals on this database have not been listed in the appendix. 3.2 Regulation 2 of the Town and Country Planning (Local Development) (England) Regulations 2004 (as amended) states that ‘general consultation bodies’ means the following bodies: (a) voluntary bodies some or all of whose activities benefit any part of the authority’s area, (b) bodies which represent the interests of different racial, ethnic or national groups in the authority’s area, (c) bodies which represent the interests of different religious groups in the authority’s area, (d) bodies which represent the interests of disabled persons in the authority’s area, (e) bodies which represent the interests of persons carrying out business in the authority’s area. ‘specific consultation bodies’ means: (a) in relation to a local planning authority whose area is in a region other than London, means the regional planning body and the bodies specified or described in sub-paragraphs (i) to (x); (i) the Countryside Agency, (ii) the Environment Agency, (iii) the Historic Buildings and Monuments Commission for England), (iv) English Nature, (v) the Strategic Rail Authority, (vi) the Highways Agency, (vii) a relevant authority any part of whose area is in or adjoins the area of the local planning authority, (viii) a Regional Development Agency whose area is in or adjoins the area of the local planning authority, (ix) any person– (aa) to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003, and 5 (bb) who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority, (x) if it exercises functions in any part of the local planning authority’s area (aa) a Strategic Health Authority, (bb) a person to whom a licence has been granted under section 6(1)(b) or (c) of the Electricity Act 1989, (cc) a person to whom a licence has been granted under section 7(2) of the Gas Act 1986, (dd) a sewerage undertaker, (ee) a water undertaker; if the authority are a London borough council, means the Mayor of London and the bodies specified or described in paragraph (a)(i) to (x); 3.3 The Planning and Compulsory Purchase Act 2004 (as amended by S100 of the Localism Act 2011) introduced a Duty to Cooperate. Section 33A Duty to Cooperate in relation to the planning of sustainable development: (1) Each person who is (a) a local planning authority, (b) a county council in England that is not a local planning authority, or (c) a body, or other person that is prescribed or of a prescribed description, must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) ….. 3.4 The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) Regulation 4(1) states the bodies prescribed for the purposes of section 33A(1)(c) of the Act are: (a) The Environment Agency; (b) The Historic Buildings and Monuments Commission for England (known as Historic England); (c) Natural England; (d) The Major of London; (e) The Civil Aviation Authority; (f) The Homes and Communities Agency; (g) Each Primary Care Trust established under section 18 of the National Health Service Act 2006 or continued in existence by virtue of that section (now Clinical Commissioning Groups); (h) The Office of Rail Regulations; (i) Transport for London; (j) Each Integrated Transport Authority; (k) Each highway authority within the meaning of section 1 of the Highways Act 1980 (including the Secretary of State, where the Secretary of State is the highways authority); and (l) The Marine Management Organisation. 6 3.5 Regulation 4(2) states the bodies prescribed for the purposes of section 33A(9) of the Act are: (a) London Enterprise Panel; and (b) Each local nature partnership (Essex Wildlife Trust). 3.6 The Environmental Assessment of Plans and Programmes Regulations 2004 Regulation 4(1) identifies the following consultation bodies under the Regulations: (a) The Countryside Agency (b) Historic England (c) Natural England (d) Environment Agency 3.7 Regulation 18(2)(c) refers to ‘local consultees’: such residents or other persons carrying on business in the LPA area from which the LPA consider it appropriate to invite representations.