NEATH PORT TALBOT COUNCIL Regeneration and Sustainable Development Cabinet Board 30th July 2021 Report of the Head of Planning and Public Protection Ceri Morris Matter for Decision Wards Affected: All Wards Neath Port Talbot Replacement Local Development Plan (RLDP) 2021- 2036 – Consideration of: 1. The RLDP Consultation Draft Delivery Agreement; 2. The RLDP Consultation Draft Integrated Sustainability Appraisal (ISA) Scoping Report; and 3. The publication / consultation procedures to be implemented. Purpose of the Report To consider and agree the RLDP Consultation Draft Delivery Agreement (DA) and the RLDP Consultation Draft Integrated Sustainability Appraisal (ISA), along with the publication / consultation procedures to be implemented. Executive Summary The Neath Port Talbot LDP (2011-2026) sets the framework for the development and use of land up to 2026. The Council has an obligation to undertake a full review of the LDP at intervals not longer than every four years from initial adoption and the LDP Review Report was therefore published in July 2020. The next step is to finalise the Delivery Agreement for the Replacement LDP setting out (in agreement with Welsh Government) the review timetable, the Community Involvement Scheme (CIS) (establishing how and when the local community and other stakeholders can become engaged in the LDP process) and the resources the Council will commit to preparing the RLDP. The formal agreement of the final DA with WG will mark the start of the plan preparation / revision process, committing the Local Planning Authority (LPA) to produce its Replacement Plan according to the stated timescales and consultation processes. This report therefore seeks endorsement of the Consultation Draft Replacement LDP Delivery Agreement and the approval of the consultation arrangements. The RLDP will also need to be subject to an Integrated Sustainability Appraisal (ISA) in order to give full consideration to its potential impacts on the people of Neath Port Talbot, their well-being, and the environment. The first stage of the ISA is the preparation of a Scoping Report which sets out the procedures which will be followed and the overall scope of the appraisal. This report also seeks endorsement of the draft ISA Scoping Report. Background The Neath Port Talbot LDP (2011-2026), formally adopted by the Council on 27th January 2016, sets the policy framework for the development and use of land up to 2026. This plan will remain part of the ‘Development Plan’ for the County Borough until either the Replacement LDP is adopted or the 31st December 2026, whichever is sooner. An up-to-date LDP is an essential part of the plan-led planning system in Wales. The Council therefore has a statutory obligation to both monitor the implementation and performance of the LDP on an annual basis and to undertake a full review of the adopted Plan at intervals not longer than every four years from initial adoption. The Covid-19 pandemic has however restricted the movement of people, accessibility to public buildings and the ability to undertake public engagement events. This has meant that the Delivery Agreement could not be finalised last year as planned. Now, however, it is considered that sufficient progress has been made in dealing with the pandemic and its implications for a realistic Delivery Agreement to be finalised. Members will recall that the LDP Review Report was approved for publication in July 2020, constituting the first stage of the process of preparing the Replacement LDP (2021-2036). In accordance with section 63 of the 2004 Planning and Compulsory Purchase Act, the Council must now publish and agree the RLDP Delivery Agreement with the WG. Ultimately and in accordance with LDP Regulation 9, the DA (including the CIS and timetable) must be approved by Council resolution before submission to the Welsh Government (WG). The post-consultation draft DA will therefore be presented to Council in advance of formal submission to WG. Replacement LDP – Delivery Agreement (DA) The Delivery Agreement comprises of: 1. The Timetable setting out key stages of preparing the RLDP; and 2. The Community Involvement Scheme (CIS), which sets out how and when stakeholders and the community will be engaged in the plan preparation process. The DA will be subject to a public consultation prior to being sent to WG for agreement. Whilst there is no statutory requirement to formally consult on the preparation of a DA, it is common practice across Wales to do so. A six week consultation period is therefore proposed. The Replacement LDP Consultation Draft DA is presented in full in Appendix 2 and is structured into the following four parts: PART 1: Introduction and Background – setting out the structure of the DA. PART 2: RLDP Timetable and the Community Involvement Scheme (CIS) – setting out the stages, timeline and resources required for plan preparation and the key principles for engagement and community involvement. PART 3: Monitoring and Review – detailing how the DA will be kept under review. Timetable and Resources The timetable commits the Council to preparing its Replacement Plan within the identified timescales and has been prepared to align with WG expectations that plans should be developed and adopted within 3.5 years, with a permitted slippage of 3 months. The timetable (refer to Section 4.1 of the DA) sets out the key dates in the plan preparation process, including statutory consultation periods and the parallel stages of the Integrated Sustainability Appraisal (ISA). The timetable illustrates the main stages of plan preparation and is divided into the following: Definitive Stages: those stages up to the statutory Deposit stage, which the Council has control of; and Indicative Stages: those stages after the statutory Deposit stage, which are influenced by factors outside of the control of the Council. The DA commits the Council to provide the resources necessary to deliver the RLDP within the specified timeframe including staffing levels and budgetary resources. It identifies the officers that will be dedicated to producing the RLDP and sets out the potential risks and proposed mitigation measures associated with the delivery. The timetable estimates that the RLDP will be adopted in July 2025, which represents a realistic yet challenging timetable. The DA will need to be monitored throughout the RLDP process, to ensure that there are sufficient resources available to meet the specified timetable. Community Involvement Scheme (CIS) The CIS sets out how and at what stages the Council will involve the community and stakeholders. Community involvement is a critical element in producing a robust, sound plan, to ensure the local community has ownership and have their views incorporated into the plan. The CIS sets out the importance of engagement and identifies external organisations, groups and agencies that will be consulted. The CIS list is not exhaustive and new consultees and interested parties may be added at any time throughout the process. Integrated Sustainability Appraisal (ISA) Scoping Report The RLDP will need to be subject to an Integrated Sustainability Appraisal (ISA) in order to give full consideration to its potential impacts on the people of Neath Port Talbot, their well-being, and the environment. The first stage of the ISA process is to prepare the draft ISA Scoping Report. This report provides a review of other plans, policies and strategies likely to influence the LDP and ISA process and includes relevant baseline information that will inform the assessment together with the ISA Assessment Framework to be used in the appraisal of proposed RLDP policies and proposals. The draft ISA Scoping Report is attached at Appendix 3. Members should note that the ISA is all-encompassing and incorporates the following statutory and non-statutory assessment processes: Sustainability Appraisal (SA) as required under the Planning and Compulsory Purchase Act 2004 (‘the 2004 Act’) and the Development Planning (Wales) Regulations 2005 (‘the 2005 Regulations’). Strategic Environmental Assessment (SEA) as required by the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 (‘the SEA Regulations’). Supporting the implementation of wellbeing goals and wellbeing objectives (and the discharge of associated duties) as required under the Wellbeing of Future Generations (Wales) Act 2015. The preparation of the RLDP needs to consider social, economic, environmental and cultural well-being. Equalities Impact Assessment (EqIA) under the Equality Act 2010 – covering the Public Sector Equality Duty and the Socio-economic Duty. Health Impact Assessment (HIA) – non-statutory but needed to support robust SEA, EqIA and wellbeing assessment processes; and Welsh Language Impact Assessment as required under the 2004 Act, the Welsh Language Standards (No.1) Regulations 2015 and PPW 11th Edition. Publication and Consultation Procedures A 6 week public consultation and a targeted consultation with a range of specific and general stakeholder bodies (refer to DA Appendices F & G) is proposed for the DA consultation. The consultation period will run from 16th August 2021 to 27th September 2021. The draft ISA Scoping Report will be made publicly available on the LDP website during the same period, with comments invited from the public, and consultation will be undertaken with the statutory consultation bodies (Cadw and Natural Resources Wales (NRW)). Representations received will be considered by Cabinet Board / Council together