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Wiltshire Core Strategy, Inspector's Report

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Wiltshire Core Strategy, Inspector's Report Report to Wiltshire Council by Andrew J Seaman BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Date 1st December 2014 PLANNING AND COMPULSORY PURCHASE ACT 2004 (AS AMENDED) SECTION 20 REPORT ON THE EXAMINATION INTO THE WILTSHIRE CORE STRATEGY Document submitted for examination on 10th July 2012 Examination hearings held between 7th May and 18th July 2013; 30th Sept 2014 File Ref: PINS/Y3940/429/9 Index 3 Non-Technical Summary 4 Introduction 5 Assessment of Duty to Cooperate 6 Matter 1 – Procedural Matters, Legal Compliance and Vision 10 Matter 2 – Settlement Hierarchy and Delivery (Polices CP1 & 2) 14 Matter 3 – Economy (Policies CP2 & CP34 – 40) 17 Matter 4 – Housing (Policies CP2 & CP43 – 47) 31 Matter 5 – Resilient Communities (Policies CP2, CP48 & 49) 32 Matter 6 – Climate Change (Policies CP41 & 42) 35 Matter 7 – Natural Environment (Policies CP50 – 56) and Water Resources (Matter 10 - Core Policies 67 and 68) 41 Matter 8 – Built Environment (Policies CP57 – 59) 42 Matter 9 – Community Areas: 42 Amesbury 44 Bradford on Avon 47 Chippenham 54 Corsham 56 Calne 57 Devizes 59 Malmesbury 61 Marlborough 65 Melksham 67 Mere 68 Salisbury 70 Pewsey 72 Royal Wootton Bassett and Cricklade 75 Southern 76 Tidworth 77 Tisbury 79 Trowbridge 83 Warminster 85 Westbury 90 Wilton 91 Matter 10 – Infrastructure, Monitoring and Delivery (Whole Document, IDP, CP3 and CP60 – 69) 96 Assessment of Legal Compliance 96 Conclusion 98 Appendix – Main Modifications 1 Wiltshire Core Strategy, Inspector’s Report December 2014 Main Abbreviations Used in this Report AA Appropriate Assessment AHVA Affordable Housing Viability Assessment AONB Area of Outstanding Natural Beauty AQMA Air Quality Management Area CIL Community Infrastructure Levy CS Core Strategy Framework National Planning Policy Framework GTAA Gypsy and Travellers Needs Assessment GI Green Infrastructure IDP Infrastructure Delivery Plan HLS Housing Land Supply Statement HMA Housing Market Area HRA Habitats Regulations Assessment LCA Landscape Character Assessment LDS Local Development Scheme LEP Local Enterprise Partnership LP Local Plan MM Main Modification PPG Planning Practice Guidance PPTS Planning Policy for Travellers Sites RSS Regional Spatial Strategy SA Sustainability Appraisal SCI Statement of Community Involvement SCS Sustainable Community Strategy SHLAA Strategic Housing Land Availability Assessment SHMA Strategic Housing Market Assessment SAC Special Area of Conservation SPA Special Protection Area - 2 - Wiltshire Core Strategy, Inspector’s Report December 2014 Non-Technical Summary This report concludes that Wiltshire Core Strategy provides an appropriate basis for the planning of the county over the plan period providing a number of modifications are made to the Plan. Such modifications have arisen over the course of the Examination and are provided in the Appendix at the end of this report. The majority have been proposed by the Council who specifically requested that I recommend any modifications necessary to enable them to adopt the Plan. The modifications cover a wide range of matters and include: • An increase in the minimum number of houses to be provided over the plan period, from 37,000 to at least 42,000 and revisions to their distribution; • A commitment to partially review the Core Strategy to enable an adequate development plan basis for decision making over the plan period to 2026; • A commitment to produce additional Development Plan Documents to ensure the effective delivery of necessary development. Such documents will include a Housing Sites Allocation DPD, a Gypsy and Traveller DPD based upon updated needs evidence and a Chippenham Site Allocation DPD; • The creation of two different affordable housing targets across the county to reflect development viability; • Clarification of the approach to be taken towards renewable energy to be consistent with national policy; • Clarity of the approach to be taken towards natural and heritage assets to be effective and consistent with national policy. - 3 - Wiltshire Core Strategy, Inspector’s Report December 2014 Introduction 1. This report contains my assessment of the Wiltshire Core Strategy (CS) 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, in recognition that there is no scope to remedy any failure in this regard. It then considers whether the Plan is sound and whether it is compliant with the legal requirements. The National Planning Policy Framework (the Framework, paragraph 182) makes clear that to be sound a Local Plan should be positively prepared; justified; effective and consistent with national policy. 2. The starting point for the examination is the assumption that the local authority has submitted what it considers to be a sound plan. The basis for my examination is the Wiltshire Core Strategy Pre-Submission Document (February 2012) published for consultation in February 2012. 3. Within the submission documentation, the Council identified a number of changes to be made to the Plan arising from the consultation1. Subsequently, further focussed consultation was undertaken to incorporate the schedules of proposed changes (including that affecting Core Policy 42), the publication of the Framework and the Planning Policy for Traveller’s Sites, changes made to the Sustainability Appraisal (SA) report and to clarify that the previous consultation had been an opportunity to comment upon the Pre Submission document as a whole. I have had regard to the consultation outcomes. 4. Subsequent to the Hearings of 2013, post hearing consultation and correspondence, the Council produced additional evidence2 and proposed further modifications to the submitted plan, this included updates to the SA and Habitats Regulation Assessment (HRA). Public consultation3 upon these matters was undertaken in April and May 2014 in conjunction with an opportunity to comment upon the implications of the publication of the government’s Planning Practice Guidance (PPG published March 2014). A further Hearing in relation to matters concerning Matter 4 was held on 30th September 2014. I have had regard to the resulting evidence, including all consultation comments, in its totality. 5. This report deals with the main modifications that are needed to make the CS sound and legally compliant and they are identified in bold in the report (MM). In accordance with section 20(7C) of the 2004 Act the Council requested that I should make any modifications needed to rectify matters that make the CS unsound/not legally compliant and thus incapable of being adopted. These main modifications, predominantly derived from the Council’s own proposals, are set out in the Appendix. 6. The main modifications that go to soundness have been subject to public consultation and, where necessary, SA. I have taken the consultation responses into account in writing this report. 1 WCS/02 Appendix 11 2 EXAM/54, 72, 73, 74, 78 and 84 to 91. 3 See EXAM/89A, 97A, 98, 99, 101 et al - 4 - Wiltshire Core Strategy, Inspector’s Report December 2014 Assessment of Duty to Co-operate 7. Section s20(5)(c) of the 2004 Act requires that I consider whether the Council complied with any duty imposed on them by section 33A of the 2004 Act in relation to the Plan’s preparation. 8. The Council’s Statement on the ‘Duty to Cooperate’4 sets out the principal activities undertaken in the preparation of the CS. It recognises that at the time when the ‘Duty’ was enacted the CS was at an advanced stage of preparation yet also indicates that the work of the Council has sought consistently to build meaningful partnerships with appropriate parties to deliver solutions to common strategic issues. Inevitably, this has necessitated working with a large number of adjacent and nearby local authorities5 which has provided due consideration of various matters, including those influenced by the proximity of key settlements such as Bath, Bristol and Swindon. These matters are discussed further below. I am mindful of the Statements of Common Ground6 which have been produced illustrating the nature of such work. Similarly, the Council has worked with other prescribed bodies, including Natural England, English Heritage, the Highways Agency and the Environment Agency, to ensure suitable dialogue and actions upon relevant areas of interest. The balance of evidence indicates that such partnership work is set to continue into the foreseeable future. 9. Indeed, the evidence must be considered in its totality. With due regard to SOCG/317, the Council’s actions are the product of the internal working relationships and processes between elected Members and Officers. As such, Officers of the Council maintain the position that Section 33A has been discharged in its entirety and that the Council Members had been informed that ‘steps taken to prepare the draft Core Strategy are considered to be compliant with legislative requirements’. Whilst the Council has detailed its working arrangements with prescribed bodies there is no single evidence source which baldly indicates how Section 33a)(6)(a) and (b) have been discharged. Nevertheless, there is considerable information indicating the nature of engagement between neighbouring authorities. This includes the Borough of Swindon, whereby Appendix 3 of DEM/408 indicated the relative stages of plan preparation between the two authorities and the scope for joint working if necessary upon a
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