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ITEM 11 EXMOOR NATIONAL PARK AUTHORITY PLANNING COMMITTEE 3 September 2013 CONSULTATION RESPONSE TO THE DRAFT WEST SOMERSET LOCAL PLAN – REVISED PREFERRED STRATEGY Report of the Head of Planning and Sustainable Development Purpose of the report: To seek approval of a consultation response to the Draft West Somerset Local Plan (Revised Preferred Strategy) and to comply with the Duty to Cooperate. Authority Priority: Securing more resources and influencing national and regional policy for Exmoor. Legal and Equality Implications: Section 62, 11(A) of the Environment Act 1995 confers a duty on certain bodies and persons to have regard to the purposes for which National Parks are designated. These include that: (1) The National Park Authority, in pursuing National Park purposes, shall seek to foster the economic and social well-being of local communities within the National Park, should co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park. (2) In exercising or performing any functions in relation to, or affecting land in a National Park, relevant authorities should have regard to National Park purposes. Under the Act a ‘relevant authority’ includes any public body and this includes any local authority. The Draft West Somerset Local Plan will form the development plan for the area of West Somerset outside the National Park boundary. The development plan guides and is the first consideration in determining planning applications for land use and development. Section 38 of the Planning and Compulsory Purchase Act 2004, states that planning applications should be determined in accordance with the development plan unless material considerations indicate otherwise. The Localism Act 2011 (Section 110) introduces the ‘duty to cooperate’ in relation to planning of sustainable development. This includes engaging constructively with neighbouring planning authorities in relation to strategic matters in the preparation of development plan documents. The equality impact of the recommendations of this report has been assessed as follows: It is considered that there are no equality issues in relation to this report. Consideration has been given to the provisions of the Human Rights Act 1998 and an assessment of the implications of the recommendations of this report is as follows: It is considered that there are no human rights issues in relation to this report. Financial and Risk Implications: The financial and risk implications of the recommendations of this report have been assessed as follows: None on the basis of this report. 1 RECOMMENDATION(S): The Committee is recommended to: 1. APPROVE the recommendations in the report as the basis of the National Park Authority’s response to the consultation on the Draft West Somerset Local Plan 2. DELEGATE to the National Park Officer authority to make minor revisions and elaborations to the consultation response before submission, as required. 1. INTRODUCTION 1.1. DUTY TO COOPERATE: National Park Authority officers have met with District Council officers to discuss strategic matters in relation to the preparation of both Exmoor National Park and West Somerset Local Plans. These initial meetings have been effective in highlighting particular issues and approaches prior to the commencement of the consultation. 1.2. The duty to cooperate will be furthered through the submission of the Authority’s consultation response set out in this report, together with future arrangements to demonstrate that there has been constructive engagement in the development of strategic policies during the formative stages of the plan process. 1.3. Joint commissioning of evidence to inform individual plans on key issues is one of the ways that can also be used to demonstrate the duty to cooperate. The Authority has worked in partnership with North Devon, Torridge, West Somerset and (formerly) North Cornwall Council on commissioning the Strategic Housing Market Area Assessment (SHMAA) and development of the Strategic Housing Land Availability Assessment (SHLAA) methodology. Further joint working across both local planning authority areas has included the Strategic Flood Risk Assessment (Level 1) and a Quantitative Needs Assessment (Retail Study). 1.4. CONSULTATION ARRANGEMENTS: This report sets out the context and specific comments on the Draft West Somerset Local Plan (Revised Preferred Strategy) which has been published for consultation for eight weeks from 29 July to 23 September 2013. The Authority has previously submitted responses to the West Somerset Core Strategy consultation on the development of strategy and policy options in 2010, and the Draft Local Plan Preferred Strategy consultation in 2012. 1.5. The Localism Act and publication of the National Planning Policy Framework has led to significant changes in the planning system and therefore West Somerset Council has revised its ‘Local Plan’ that sets out policies to guide development and land use across the local planning authority area of West Somerset until 2032. The requirements of the NPPF and the proposed changes to the Local Plan include: Meeting the full, objectively assessment needs for market and affordable housing in the housing market area has meant a review of the Strategic Housing Market Assessment and resulting housing requirement for the Local Plan. Identifying key sites to deliver the housing strategy over the plan period has meant that specific development sites have been identified. A requirement to add a design policy to the Local Plan. A settlement hierarchy has been proposed to make the housing strategy consistent. 2 1.6. The consultation document has been prepared to highlight the key changes made to the Local Plan through the inclusion of the matters above. Other supporting consultation documents that are available include an appendix of maps/figures supporting the Local Plan strategy. However there is no accompanying Proposals Map (including inset maps for the settlements), Sustainability Appraisal, or Habitats Regulations Assessment Screening Report to support the revisions made to the plan. 2. COMMENTARY ON THE DRAFT WEST SOMERSET LOCAL PLAN (REVISED PREFERRED STRATEGY) 2.1. This section sets out those particular issues which are of most relevance to the National Park Authority. The full version of the Draft West Somerset Local Plan and associated documents can be found at: http://www.westsomersetonline.gov.uk/Planning---Building/Planning- Policy/Current-Consultations 2.2. West Somerset Council (WSC) is inviting responses to the following questions: Question 1: Do you consider that the proposed changes to the 2012 Preferred Strategy document highlighted in the Revised Preferred Strategy document, properly address the changes in the National Planning Policy Framework? If not how should the plan be changed? Question 2: Do you have any specific comments about the appropriateness of any of the proposed Key Strategic Development Site allocations or any of the new policies / changes to existing policies listed in the table above [refers to a list of new and amended policies in the revised plan]? 2.3. The National Park Authority responded to the West Somerset Local Plan Preferred Strategy in 2012 and those comments relating to policies unaffected by the revision are therefore regarded by the Authority as representations for consideration by WSC, and will not be repeated in this response. WSC Officers have advised that representations made to the previous Local Plan Preferred Strategy will be taken into account at the publication stage of the Local Plan; therefore the revisions are solely in relation to the requirements of the NPPF. 2.4. The Council has stated that “it is essential that any comments on the revisions now proposed to the Preferred Strategy are supported with relevant evidence. It is not sufficient to object because you disagree with what is proposed, you must demonstrate why your proposed change is soundly based”. 2.5. The National Park Authority will provide an evidence-based response to the consultation in relation to the revised changes to the Local Plan Preferred Strategy based on policy changes considered to be relevant to the National Park. As some responses may be split between Question 1 and Question 2, it is regarded to be more appropriate to respond under the policy headings. 2.6. Amended policy SD1 – Presumption in Favour of Sustainable Development: The Authority recognises that the District Councils’ approach to the consideration of development proposals reflecting the presumption set out in the National Planning Policy Framework. The Authority has no specific comments on this policy. 3 2.7. Amended policy SC1 – Hierarchy of Settlements: The addition of two further tiers within the settlement hierarchy, to include primary and secondary villages, is welcomed as it provides more certainty in relation to the development strategy. This was an issue highlighted by the Authority during the previous consultation in 2012. As previously stated new development will be concentrated in the district’s main centre, Minehead / Alcombe, and in the rural service centres of Watchet and Williton. Limited development in the primary villages: Bicknoller, Carhampton, Crowcombe, Kilve, Stogumber, Stogursey, West Quantoxhead and Washford. At the secondary villages: Holford, Dunster Marsh, Old Cleeve, Blue Anchor, Brompton Ralph and Brushford, small scale development to meet clearly identified local needs may be permitted. 2.8.

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