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(Item 9) To: the Executive 20 December 2005 Bracknell

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(Item 9) To: the Executive 20 December 2005 Bracknell (ITEM 9) TO: THE EXECUTIVE 20 DECEMBER 2005 BRACKNELL FOREST BOROUGH LOCAL DEVELOPMENT FRAMEWORK -ANNUAL MONITORING REPORT (Director of Environment and Leisure) 1 PURPOSE OF DECISION 1.1 The Planning and Compulsory Purchase Act 2004 requires every local planning authority to produce an Annual Monitoring Report (AMR) which will form part of the Local Development Framework for the area. The AMR is to cover the period 1 April to 31 March each year and is to be submitted to the Secretary of State by the end of the following December. 1.2 The first AMR, which is attached as an appendix to this report, covers the period 1 April 2004 to 31 March 2005 and is to be submitted to the Secretary of State via the Government Office for the South East (GOSE) by the end of December 2005. It must then be made available to local communities both in hard copy and electronically on the Council’s web site. The purpose of this report is to seek authorisation to submit the report to GOSE and subsequently make it available to the public. 2 RECOMMENDATIONS 2.1 That the Bracknell Forest Borough Annual Monitoring Report (Appendix 1), including the Joint Mineral and Waste Annual Monitoring Report (Appendix 2), be approved for submission to the Government Office for the South East and subsequent publication; 2.2 That the Bracknell Forest Borough Local Development Scheme, December 2005 (Appendix 3), be approved for submission to the Government Office for the South East and subsequent publication; and, 2.3 That authority be delegated to the Executive Member for Planning and Transportation to make any necessary minor amendments to the Annual Monitoring Reports or Local Development Scheme prior to submission. 3 REASONS FOR RECOMMENDATIONS 3.1 The enactment of the Planning and Compulsory Purchase Act 2004 (the Act) implemented the Government’s reform of the planning system. As a result, the Council must produce a Local Development Framework (LDF) which will contain documents providing the framework for delivering the spatial planning strategy for the area. The AMR will be one of the portfolio of documents. 3.2 The first AMR must assess the implementation of ‘saved’ policies in the Berkshire Structure Plan, Bracknell Forest Borough Local Plan and the Minerals and Waste Local Plans. As a Joint Minerals and Waste LDF is being produced with the other unitary authorities of Berkshire, it has been decided to produce a joint minerals and waste monitoring document which should be read in conjunction with the Bracknell Forest document in order to give a comprehensive view of spatial planning within the Borough. The reports must include a section on the local development schemes and progress in meeting the milestones contained within the schemes. In order to qualify for an element of Planning Delivery Grant, the document must be submitted by 31 December 2005. There is also to be a check on progress on plan making against the milestones set out in the local development schemes. 4 ALTERNATIVE OPTIONS CONSIDERED The production of an AMR is a statutory requirement. The failure to submit an AMR by 31 December 2005 might jeopardise an element of the pay that could be awarded through the Planning Delivery Grant. The Government believes that the AMR should be the means of assessing how an Authority is working to deliver outcomes. 5 SUPPORTING INFORMATION Content of the AMR 5.1 The Government published a Good Practice Guide on monitoring the Local Development Framework in March 2005. The latter gives information on what should be included in an AMR. It should: • review actual progress in terms of local development document preparation against the timetable and milestones in the Local Development Scheme (LDS); • assess the extent to which policies in local development documents are being implemented; • where policies are not being implemented, explain why and set out what steps are to be taken to ensure that the policy is implemented; or, whether the policy is to be amended or replaced; • identify the significant effects of implementing policies in local development documents and whether they are as intended; and, • set out whether policies are to be amended or replaced. The first AMR 5.2 The Government recognises that only limited progress will have been made in preparing development plan documents at this stage. The Good Practice Guide therefore suggests that the first AMR should look at the implementation of (‘saved’) policies i.e. policies and proposals of adopted plans saved under the transitional arrangements of the new planning system. This task is undertaken by drawing upon core output indicators that have been set by the Government. Some contextual indicators have also been included which measure change in the wider, social, economic and environmental environment. 5.3 The Good Practice Guide also asks authorities to highlight any problems encountered in meeting the requirements of the Act. Whilst the topics of housing, employment, transport and the environment are dealt with in the Bracknell Forest document (see Appendix 1), the topics of minerals and waste are dealt with in a Joint Minerals and Waste AMR (see Appendix 2). Together, the documents also cover progress on implementing the Bracknell Forest LDS (Appendix 3) and the Joint Minerals and Waste LDS. Future AMR’s 5.4 An integrated monitoring framework is being developed as work on the development plan documents progresses. As the spatial vision and objectives become more clearly defined and the drafting of policies is undertaken, contextual indicators, significant effects indicators, output indicators (both national and local) and related targets can be developed in conjunction with key stakeholders. Ultimately, it is also hoped that a joint approach to monitoring will be developed encompassing other strategies/plans aimed at contributing to the delivery of sustainable development. An example is the Community Plan which is likely to use a similar evidence base in respect of certain issues. 5.5 Whilst the first AMR focuses on the Government’s core output indicators, future reports will increasingly draw upon the new monitoring framework. Future Risks 5.6 Chapter 2 of the AMR relates to progress being made against milestones in the Bracknell Forest Borough LDS. This part of the AMR is specifically noted for members as it highlights the serious concern officers have relating to the delivery of future milestones. 5.7 Whilst we have delivered all milestones to date, significant concerns over the progress of the South East Plan and more recently the potential implications arising from consideration of the Thames Basin Heaths Special Protection Area (SPA), mean future milestones may be in jeopardy. Whilst the Council is involved heavily in discussions and debates around both topics, their impacts are beyond our direct control. 5.8 We have suggested some minor changes in milestones due to delays in Government Guidance coming through (e.g. review of the Limiting the Impact of Development SPD). At this point we are not recommending significant changes relative to our Core Strategy and Site Allocations Development Plan Documents (DPD’s), but are highlighting the possibility that without significant progress on these two issues, more delays are likely to result. 5.9 A revised LDS (December 2005) is attached as Appendix 3 for the Executive to approve for submission to the Government Office for the South East. 6 ADVICE RECEIVED FROM STATUTORY AND OTHER OFFICERS Borough Solicitor 6.1 The requirement for an AMR is set out in Section 35 of the Planning and Compulsory Purchase Act 2004. This is further developed in Regulation 48 of the Town and Country Planning (Local Development) (England) Regulations 2004. Borough Treasurer 6.2 The AMR forms part of the LDF process. 6.3 The preparation of the constituent documents of the LDF is now a continuous process. There is revenue budget provision in 2005/2006. 6.4 The 2006/2007 budget setting process has identified a commitment budget projection which represents the work in preparing the LDF as part of a continuous rolling programme. The budget proposals will be out for public consultation from the 20 December for a period of six weeks. 6.5 When a Local Development Document is taken to inquiry significant costs can arise, specifically Planning Inspectorate costs and Counsel fees. Because of the uncertainty of whether an inquiry will take place and if it does, the timing, it is proposed that an earmarked reserve of £200k will be set aside in the 2006/2007 budget. Impact Assessment 6.6 Whilst the report does highlight issues that may warrant further investigation, it is essentially a factual document. Some of these issues concern the collection of data which may have an impact on individuals and systems. Others involve policy approaches. However, any change in policy stance would need to be dealt with through the SCI/LDS/DPD process, which would consider social impacts. 6.7 The necessary Equalities Impact Assessment for this report is attached as Appendix 4. 7 CONSULTATION Principal Groups Consulted 7.1 The production of the document has involved the collection and analysis of various sets of data. The majority of the information collated has come from sections within Environment and Leisure. Method of Consultation 7.2 There is no requirement for formal consultation. Background Papers The Town and Country Planning (Local Development) (England) Regulations 2004 Local Development Framework Monitoring: A Good Practice Guide (March 2005) Contact for further information Sue Scott, Environment and Leisure Department – 01344 352575 [email protected] Bev Hindle, Environment & Leisure Department – 01344 351902 [email protected] Doc. Ref 09 Annual Monitoring Report APPENDIX 1 Bracknell Forest Annual Monitoring Report 2004-2005 Bracknell Forest Annual Monitoring Report 2004-2005 Executive Summary Background This is the first AMR for Bracknell Forest which reports on the period 1 April 2004- 31 March 2005.
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