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(I) Whether the Duty to Co-Operate Has Been Met, and (Ii) Whether the Legal Requirements Have Been Complied With

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(I) Whether the Duty to Co-Operate Has Been Met, and (Ii) Whether the Legal Requirements Have Been Complied With Matter 1: The Duty to Co-operate and other Legal Requirements The main issues are (i) whether the duty to co-operate has been met, and (ii) whether the legal requirements have been complied with. Questions: Duty to Co-operate Section 33A of the Planning and Compulsory Purchase Act 2004, as amended by s110 of the Localism Act 2011, imposes the duty to co-operate in relation to the planning of sustainable development. Neighbouring local planning authorities, County Councils and bodies prescribed in the Town and Country Planning Regulations 2012, must engage constructively, actively and on an ongoing basis in the preparation of development plan documents. Section s20(7B) of the 2004 Act establishes that the duty to co-operate is incapable of modification at examination. Where the duty to co-operate has not been complied with, the Inspector has no choice but to recommend non adoption of a local plan. The National Planning Policy Framework (NPPF) describes what is expected for plan-making in paragraphs 178-181. 1. Have the Councils met the duty to co-operate in the preparation of the Aligned Core Strategies plan (ACS), having regard for the Statement of Compliance, CD/REG/04? In particular, has constructive, active and ongoing engagement taken place with Ashfield and Newark and Sherwood District Councils? Ashfield District Council response: 1.1 In addition to the three aligned Core Strategy authorities it is generally recognised that Boroughs of Rushcliffe and Erewash and the four wards of Hucknall in the District of Ashfield set within an area recognised as the Greater Nottingham area. 1.2 In this context, Ashfield District Council has worked with the other authorities to plan a thriving Greater Nottingham area. This included being a member of the Joint Planning Advisory Board for Greater Nottingham and the supporting joint officer group. Various studies form the evidence base for both the Greater Nottingham Aligned Core Strategy (ACS) and Ashfield District Council’s emerging Local Plan. The respective councils would generally consider that the policies taken forward in the ACS and Ashfield’s Local Plan are in alignment with each other. There is agreement on the approach to the total new homes required in the ACS, set out in the Table in Policy 2, and to the Employment Provision of Policy 4. Equally the authorities bringing forward the ACS recognise the sub regional role that the proposed employment allocation at Rolls Royce, Hucknall (Ashfield) has for Greater Nottingham. However, Ashfield District Council has some concerns regarding the ACS approach specifically to Hucknall in the context of the Duty to Cooperate and the infrastructure implications of the housing and employment from allocations and provisions adjacent or close to Hucknall which are identified in the ACS. This reflects: • It is not considered by Ashfield District Council that the impact on the infrastructure of Hucknall of the specific allocations of Top Wighay, North of Papplewick Lane and Bestwood Village combined with the proposals set out in the emerging Ashfield Local Plan have been fully assessed in the ACS or the IDP. This potentially prejudices the development Ashfield proposes in Hucknall. • While a Protocol for Management of section 106 Planning Obligations has been proposed it falls well short of a definitive agreement on how planning obligations and any CIL will go towards meeting the additional burdens placed on Hucknall’s infrastructure. Hucknall 1.3 Hucknall is a town to the north of the city of Nottingham which was identified as a sub regional centre in the recently revoked East Midlands Regional Plan 2009. The 2011 census identifies the population of Hucknall as 32,099 people with 14,309 dwellings. Under the provisions of the Structure Plan reflected in the Ashfield Local Plan Review 2002, Hucknall has seen a significant growth in the number of dwellings, which has increased from 12,670 in 2001 to 14,309 in 2011, a 13% increase. The growth currently proposed for Hucknall, in the Greater Nottingham Aligned Core Strategies, together with the agreed level of growth within Ashfield District is as follows:- Hucknall Housing Stock (March 2011) 14309 Ashfield housing requirement for Hucknall (2011 to 2,253* 2024) (to 2024) PERCENTAGE INCREASE IN HOUSING STOCK IN 16% HUCKNALL (ASHFIELD DISTRICT) (at 2024) Top Wighay Strategic Site (GBC) 1,000 North of Papplewick Lane (GBC) 600 Bestwood Strategic Location (GBC) 500 TOTAL ADDITIONAL HOMES IN HUCKNALL 4432 (Combined Ashfield and Gedling sites) (2011 – 2028) PERCENTAGE INCREASE IN HOUSING STOCK IN 31%** HUCKNALL (Combined Ashfield and Gedling (at 2028) development) Table 1. Hucknall housing stock * 2460 dwelling requirement 2010-2024 less 207 net dwelling completions 2010 - 2011 * This is the minimum increase as Ashfield’s Local Plan is to 2024 1.4 The Ashfield Local Plan Publication document reflects Hucknall’s role as part of the Greater Nottingham area setting out Area Based Policies for Hucknall which identifies a requirement for 2,460 dwellings for the period 2010 to 2024. ACS Policy 2 identifies that, by 2028, 2,179 homes will be constructed adjoining or close to Hucknall at strategic sites at North of Papplewick Lane (600 homes), Top Wighay Farm (1,000 homes) and at Bestwood Village up to 500 homes through new allocations and 79 homes on existing commitments. Developments both in Ashfield and on the edge of Ashfield in Gedling would result in a minimum of 4639 new dwellings to 2028. Since 2010, there has been a net increase of 573 dwellings in Hucknall, which leaves 4066 dwellings to be serviced if Gedling’s proposals progress. This does not take account of the 4 years between 2024 and 2028 in Ashfield as the Ashfield Local Plan Publication goes to 2024. As can be seen from Table 1 above, If annual rates of development in Ashfield remained constant it would reflect a 31% increase on the number of dwellings currently in Hucknall. 1.5 The decision by Gedling BC to focus development on Hucknall rather that the urban areas of the borough means that Gedling needs to fully understand the impact on their proposed development on the infrastructure of Hucknall. The practicality of the transport links means that the impacts from the developments at Top Wighay, North of Papplewick Lane and Bestwood Village will be focused on Hucknall. The poor connectivity of these sites with the rest of the Borough makes this inevitable that Hucknall becomes the service centre for an additional housing requirement. 1.6 Whilst acknowledging that Gedling’s Local Plan allocated part of Top Wighay in 2005, this was before National Planning Policy Framework was published. There is now more of an emphasis on infrastructure delivery in the NPPF. 1.7 Given this context, it is considered that the ACS must address the impact that development in Gedling will have upon Hucknall and the delivery of Ashfield’s proposed development in Hucknall. The questions Ashfield DC would like Gedling BC to answer are: Q. What are the broad impacts of the allocated sites in Gedling around Hucknall? Q. Have those impacts in relation to Hucknall been assessed? Q. How will the impacts be addressed? 1.8 Gedling Borough Council has not sufficiently addressed Ashfield’s concerns regarding the impact of development in Gedling Borough on the delivering of development in Hucknall. Although there have been meetings between the two Councils to discuss Gedling BCs proposals on the boundary of Hucknall, Ashfield DC considers that it has not received sufficient information from Gedling BC to address many of the questions raised about the delivery of infrastructure in Hucknall. 1.9 Ashfield has concerns that if development proposed on the boundary comes forward first it will compromise the delivery of development in Ashfield by absorbing existing infrastructure capacity. This would jeopardise Ashfield’s position with regard to meeting the District’s objectively assessed housing needs. 1.10 It was agreed that Gedling Officers (letter from Gedling 26 th April 2012) would set up a series of ‘themed workshops’ to enable Ashfield, Gedling and other Greater Nottingham Local Authorities to specifically tackle issues such as transport. Ashfield DC has attended three meetings to discuss various issues, (3 rd July 2012 and 18 th September 2012) and a meeting was held on 5 th December 2012 to discuss the Habitats Regulation Assessment. While the concerns over the Habitat Regulations Assessment have been resolved the other issues remain outstanding. 1.11 There are a number of specific issues relating to the impact on Hucknall from the Gedling’s development sites These include the following: Education • Developments both in Ashfield and on the edge of Ashfield (at Top Wighay, North of Papplewick Lane and Bestwood in Gedling Borough) total a minimum of (Ashfield’s Local Plan is to 2024) of 4066 new dwellings up to 2028. In terms of the number of primary school places required (calculated at 21 places per 100 dwellings) this equates to a minimum of approximately 854 additional places by 2028. The Aligned Core Strategy IDP sets out that Top Wighay Farm and North of Papplewick Lane will require new primary schools on site. It is understood that there may be viability issues with regard to the delivery of a new primary school at the North of Papplewick Lane site. • It is acknowledged that Gedling’s CIL Regulation 123 List includes a secondary school contribution of £2,760,000 associated with Top Wighay. Provision is also made for primary education within the IDP acknowledges that two new one form entry schools will be required on site (one for Top Wighay and one for North of Papplewick Lane). With regard to secondary education, the IDP sets out that there is ‘expected capacity within existing schools’.
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