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Planning Committee, 5 March 2014 Cabinet, 24 March 2014 Wards All

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Planning Committee, 5 March 2014 Cabinet, 24 March 2014 Wards All Report to the: Wards All Planning Committee, 5th March 2014 Cabinet, 24th March 2014 Response to the East Riding of Yorkshire Council consultation on the Proposed Submission Strategy, and Proposed Submission Allocations Documents and Maps 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 Submission Strategy, and Proposed Submission Allocations Documents and Maps. 1.2. Members have previously considered and approved responses to earlier stages of consultation. This is the final consultation on the documents, and unless any major issues are raised, comments on these Drafts are normally considered by a Planning Inspector rather than the authority producing the document. 1.3. As this is the final stage, the Planning Inspectorate has advised that only responses received by the 10th March 2014 deadline will be acceptable. Any comments received after the deadline will be marked as such and their acceptance is completely at the discretion of the planning inspector. For this reason it is proposed once planning committee have considered the response a draft response is sent to the East Riding of Yorkshire Council on the 10th March 2014 which will be then considered at Cabinet on the 24th March 2014 for endorsement. 1.4 It is expected that the ERYC Local Plan’s Examination in Public will take place this summer at which this Council could be invited to attend by the planning inspector in connection with the comments and objections it has raised as outlined in Appendix A to this report. 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. Area Committee Impact 3.1 The response to the East Riding of Yorkshire Local Plan has no direct impacts on any area within the city to a greater or lesser degree than other parts. 4. Background 4.1. The East Riding of Yorkshire Council is currently seeking views on whether the Proposed Submission versions of their draft Local Plan’s Strategy Document, Allocations Document and associated maps are legally compliant, comply with the duty to cooperate and whether they are sound. 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 Hull City Council has been consulted throughout the development of these documents, and whilst we support many elements of the East Riding’s Plan, and are unlikely to be affected by large parts of it, some proposals 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 Hull City Council owns land in Cottingham and had requested that this was allocated for housing development. Although part of this land was initially allocated for housing, at the last consultation stage this allocation was then removed. Hull City Council raised an objection to the rejection of its land. 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. The rationale for this was 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 Additionally during the previous consultation Hull City Council requested 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. 5.5 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. The Council si also working with the East Riding at a member and officer level to produce a joitn planning statement and ensure compliance with the duty to cooperate. A revised version of the Joint Planning Statement is expected for consideration by Cabinet in April/May 2014. 6. Options and Risk Assessment The options available to Members are: 6.1. Option 1. Agree to approve the draft response, including the incorporation of any amendments required by Committee Members. 6.2. 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. 6.3. The preferred option is option 1. 7. Consultation 7.1. 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. 8. Monitoring Officer Assurance Statement 8.1. Section 110 of the Localism Act 2011 added section 33A to the Planning and Compulsory Purchase Act 2004 which imposes a statutory duty on each Local Planning Authority to co-operate with its neighbouring Local Authorities by engaging constructively, actively and on an ongoing basis in relation to the preparation of development plan documents. Therefore, the recommendation at paragraph 2 of this report is supported 9. Section 151 Officer Assurance Statement 9.1 The City Treasurer notes the draft response to East Riding of Yorkshire Council’s draft Local Plan and the timescales for submission. 10. Comments of the City Human Resources Manager 10.1 The HR City Manager has considered this report and there appears to be no HR impact. 11. Comments of the Portfolio Holder: Energy City 11.1 Hull City Council has worked closely with the East Riding of Yorkshire Council in the production of our respective local plans and have reached agreement on the vast majority of policy matters and allocations. Unfortunately there remains a handful of issues where agreement has not been possible, these relate to specific sites within the Council’s ownership not being allocated. These include land at Cottingham and Hedon. As a consequence the council remains opposed to elements of the East Riding local plan and will defend this position at the subsequent examination of the East Riding local plan.” 12. Comments of Overview and Scrutiny 12.1. This report has not been subject to scrutiny. (Ref. Sc 4092) 13. Conclusions 13.1. Members’ approval to respond to this consultation will ensure the City Council’s views and comments are included with the East Riding of Yorkshire Council’s submission to 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 changes to land allocations since the Proposed Major Changes consultation in August 2013. 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? No If yes please outline the timetable: 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 Yes – the portfolio holder has been consulted and any comments documented? briefed on the need for a response to be made on the 10th March and has had sight of this response prior to being uploaded for planning committee. His comments are included within the report. Has Overview and Scrutiny been consulted? Yes, as part of the egenda consultation process.
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