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Report to The: Wards All

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Report to The: Wards All Report to the: Wards All Planning Committee, 17th September 2013 Cabinet, 23rd September 2013 Response to the East Riding of Yorkshire Council consultation on the Proposed Major Changes to its Draft Local Plan Report of the City Planning Manager 1. Purpose of the Report and Summary 1.1. The purpose of this report is to seek Members’ approval to submit a response to the East Riding of Yorkshire Council consultation on its Proposed Major Changes to their Draft Local Plan. 1.2. Members have previously considered and approved responses to earlier stages of consultation. This consultation is due to changes being proposed as a result of the comments received during the previous consultation, and also following new site bids which the East Riding of Yorkshire Council have received and assessed. A final consultation on the publication draft will be held later this financial year, although unless any major issues are raised, comments on the Publication Draft are normally considered by a Planning Inspector rather than the authority producing the document. 2. Recommendations It is recommended that: 2.1. Members approve Hull City Council’s response to the East Riding of Yorkshire Council’s Proposed Major Changes Document, as set out in Appendix A, incorporating any such amendments that Members require. 2.2. That the City Planning Manager, in consultation with the Portfolio Holder for Energy City, and the Chair of the Planning Committee is authorised, if necessary, to make any minor drafting changes. The matter is not in the Forward Plan and the Chair of the Overview and Scrutiny Management Committee has been notified that this is a matter of general exception 3. Options and Risk Assessment The options available to Members are: 3.1. Option 1. Agree to approve the draft response, including the incorporation of any amendments required by Committee Members. 3.2. Option 2. To reject the draft response. This will mean that Hull City Council’s comments on the consultation documents will not be taken into account. This could have a significant effect on the value of Hull City Council’s land holdings in the East Riding. 3.3. The preferred option is option 1. 4. Background 4.1. The East Riding of Yorkshire Council is currently seeking views on Proposed Major Changes to its Draft Local Plan. When adopted, the draft Local Plan will set out the planning vision, objectives and policies which the East Riding of Yorkshire Council will use to guide planning decisions in the East Riding of Yorkshire until 2026. Once adopted the Local Plan, including the allocations Maps will identify appropriate land uses in the East Riding of Yorkshire, again until 2026. 4.2. Whilst the allocation of a site for a specific use does not guarantee a planning application for that use will automatically be approved, it does give significant weight to support its approval. Similarly, whilst not being allocated for a particular use does not mean that an application will automatically be refused, it does make it easier to justify a refusal. 4.3. The documents, once adopted, will become statutory plans. 5. Issues for Consideration 5.1 Whilst most changes being proposed are unlikely to have any effect on Hull, some of the changes being proposed may have implications for the city. Inappropriate development could potentially have a detrimental effect on Hull’s Housing and economic markets. It could also adversely affect Hull’s residents and businesses in other ways. There is also the potential for some changes to be beneficial to Hull. For example, they may lead to employment opportunities for Hull residents. 5.2 Following the previous consultation, some Hull City Council owned land in Cottingham had been allocated for housing land, and some for open space. A larger part of our holding was rejected on the grounds that it formed part of the strategic gap between Cottingham and Willerby, and that it was in an area of high flood risk. Hull City Council has raised an objection to the rejection of part of the land. The nature of any allocation of this land will affect its value. 5.3 In the proposed Major Changes document, the Hull City Council land which had been allocated for housing and open space has now been rejected in favour of two other Cottingham sites, one outside the development limits, and one which was previously rejected on the grounds of poor access. The rationale for this is largely based on removing any land within the Cottingham in Flood Zone 3 from a proposed allocation. Such an approach is consistent with the sequential approach identified within the NPPF but fails to consider the flood management benefits of developing this site. 5.4 A list of the proposed Major Changes and their potential impact on Hull is attached as Appendix B. 5.5 In addition to the changes being consulted upon, it is considered that this consultation phase should be used to request that the East Riding of Yorkshire Council look again at their decision not to allocate the former Hedon Aerodrome site for mixed housing, flood management and employment use, and also to express our support for the allocation of additional employment land at Hedon Haven. These are included in the draft proposed response in Appendix A. 5.6 There is now a statutory duty to co-operate, and failure to respond to this consultation could be construed as a lack of co-operation. 6. Consultation 6.1. Views from other council officers have been sought. Due to the short notice of this consultation and the length of the consultation period, this has been more limited than would normally have been carried out. 7. Monitoring Officer Assurance Statement 7.1. The Council has a statutory duty under the Localism Act 2011 to co-operate with neighbouring local authorities in the preparation of development plans. This duty requires the Council to engage constructively, actively and on an ongoing basis in the preparation and development of East Riding of Yorkshire Council’s Local Plan. The proposed response to this consultation seeks to protect and promote the interests of the city in relation to the Joint Strategic Protocol Area agreed between the two authorities . Therefore, the Monitoring Officer supports option 1 at paragraph 3 of this report to agree the proposed response to this consultation subject to any appropriate amendments. 8. Section 151 Officer Assurance Statement 8.1 The City Treasurer notes the proposed response to the consultation, and, in particular, the potential implications on the value of the Council’s landholdings in respect of the site in Cottingham. 9. Comments of the City Human Resources Manager 9.1. This report is noted by the City Human Resources Manager. 10. Comments of the Portfolio Holder: Energy City 10.1 “It is essential both Hull City Council and the East Riding of Yorkshire Council work closely together on larger than local planning issues and it is disappointing Hull City Council are having to raise objections to these major changes proposed by the East Riding. Hopefully these matters are capable of resolution prior to the examination of the East Riding Local Plan but if not this Council will be forced to defend its objection at the public examination.” 11. Comments of Overview and Scrutiny 11.1. This report has not been subject to scrutiny. (Ref.Sc3902). 12. Conclusions 12.1. Members’ approval to respond to this consultation will ensure the City Council’s views and comments are sent to the East Riding of Yorkshire Council for their consideration and will also enable the council to attned any potential hearing sessions if deemed appropriate by the examining Inspector. Alex Codd, City Planning Manager Contact Officer: Alex Codd. Telephone No: 612387 Officer Interests: None Appendix A Hull City Council’s draft response to the East Riding of Yorkshire Council’s Proposed Major Changes consultation. Appendix B A summary of the Proposed Major Changes and their potential impacts on Hull. Appendix C Extract from Cottingham sites from the East Riding of Yorkshire Council’s Proposed Major Changes Consultation. Background Documents: Previous versions of the East Riding Local Plan Previous responses to East Riding Local Plan consultations and associated planning documents Implications Matrix Author: Name: Mark Palmer Service Area: Planning Policy Contact details: 612394. email: [email protected] Background Papers: Is this a Key Decision: No If yes, is it in the Forward Plan? No Forward Plan Ref: N/A Will further decisions be required? Yes If yes please outline the timetable: Dependent on when the East Riding produce their publication plan which is expected later this financial year. Is this report proposing an amendment to the No budget or policy framework? Have the financial (including capital) implications No been agreed with the Head of Corporate Planning and Finance? Have value for money considerations been Yes accounted for? Has the report been approved by the relevant Yes CST/HoS? Has the relevant Cabinet Member been No – due to the short time frames given consulted and any comments documented? to respond, but this will occur prior to cabinet consideration Has Overview and Scrutiny been consulted? Yes, as part of the egenda consultation process. Have Area Committees been consulted? No Have the legal implications been agreed with the Yes Head of Legal and Democratic Services? Are there any procurement/commercial No issues/implications? Have communications issues been cleared by No Communications and Marketing? Has an Equalities Impact Assessment been No carried out in relation to the subject of the report? Are there any equalities and diversity No implications? Are there any community safety implications? No Has regard been paid to Section 17 of the Crime and Disorder Act? Are there any environmental and climate change No issues/sustainability implications? Are there and Health and Safety implications? No Are there any human rights implications? No How does this report contribute to It is essential the city council ensures Council/LAA/Area priorities? development proposals on its boundary support the delivery of the cityplan objectives.
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