BOLTON METROPOLITAN BOROUGH COUNCIL BOLTON UNITARY DEVELOPMENT PLAN INSPECTOR’S REPORT ON OBJECTIONS Inspector: Peter F Davies BSc(Hons) Dip TP MRTPI Date of Inquiry: From 27 November 2001 to 19 December 2002 BOLTON UNITARY DEVELOPMENT PLAN INSPECTOR’S REPORT ON THE PUBLIC INQUIRY INTO OBJECTIONS Table of Contents Chapter 1: INTRODUCTION pages 1.1 to 1.3 Chapter 2: PART 1 POLICIES page 2.1 Chapter 3: COUNTRYSIDE AND THE RURAL ECONOMY pages 3.1 to 3.11 Chapter 4: GREEN BELT pages 4.1 to 4.14 Chapter 5: NATURE CONSERVATION pages 5.1 to 5.17 Chapter 6: ENVIRONMENTAL MANAGEMENT pages 6.1 to 6.12 Chapter 7: DESIGN AND THE BUILT ENVIRONMENT pages 7.1 to 7.16 Chapter 8: OPEN SPACE AND RECREATION pages 8.1 to 8.16 Chapter 9: ACCESSIBILITY pages 9.1 to 9.22 Chapter 10: HOUSING pages 10.1 to 10.22 Chapter 11: COMMUNITY PROVISION pages 11.1 to 11.3 Chapter 12: EMPLOYMENT AND THE ECONOMY pages 12.1 to 12.15 Chapter 13: RETAIL AND LEISURE pages 13.1 to 13.15 Chapter 14: TOWN CENTRES pages 14.1 to 14.8 Chapter 15: MINERALS pages 15.1 to 15.9 Chapter 16: WASTE pages 16.1 to 16.6 Chapter 17: MONITORING AND REVIEW pages 17.1 to 17.2 Appendix 1: OBJECTIONS AND SUPPORTING REPRESENTATIONS Appendix 2: INQUIRY DOCUMENTS Appendix 3: APPEARANCES Appendix 4: INQUIRY PROGRAMME Appendix 5: NOTE OF THE PRE-INQUIRY MEETING Bolton Unitary Development Plan - Inspector's Report CHAPTER 1 - INTRODUCTION The Objections CONDITIONALLY REF Objector WITHDRAWN? 586 Department of the Environment, Transport and No the Regions 2225 RJB Mining (UK) Ltd No 2393 Peel Investments (North) Ltd No 2438 SWAN (Save Westhoughton Act Now) No 1789 SWAN No 1851 The Countryside Agency No 1852 The Countryside Agency No Summary of Objections • Consideration should be given to emerging Regional Planning Guidance (RPG) as the UDP progresses through its stages of review. (Objection 586) • Objective 11 at Second Deposit should be deleted. MPG3, paragraph 4, states that it is not for the planning system to set limits on, or targets for, any particular source or level of energy supply. (Objection 2225) • It is unclear whether the revised list of objectives at Second Deposit is in priority order. The need for good quality housing and employment creation should have more emphasis than sustainability issues that are given undue emphasis. (Objection 2393) • Object to the change to Objective 4 at First Deposit. While Objective 9, at Second Deposit, is similar - the First Deposit objective should be reinstated. (Objection 2438) • Some Council partnerships have been unsatisfactory. While First Deposit objectives are generally supported, there should be greater emphasis on the need to protect open space and greenfield sites. This should be within a context of sustainable development, providing for - not least - wide opportunities for employment and housing for all. Environmental assessments would minimize the use of greenfield sites. (Objection 1789) • The strategy in Chapter 1 should state the national and regional aims of sustainability to set the strategic context for the Plan. (Objection 1851) • The plan objectives should be more comprehensive and include, for example: reference to countryside/rural issues; the need for design briefs for key development sites; as well as local distinctiveness. (Objection 1852) Inspector's Reasoning and Conclusions 1.1 Paragraphs 1.4 and 1.5 to PPG 12 require development plans to have regard to any RPG. While the Second Deposit version (paragraph 01.05) records the position at its time of publication, it should be updated as the plan moves to adoption - not least to reflect the final RPG. (Objection 586) 1.2 Second Deposit Objective 11 does not set specific limits, or targets, for any source of energy supply. Its intention reflects, generally, national planning guidance on Chapter 1 1 - 1 Introduction Bolton Unitary Development Plan - Inspector's Report sustainable development - including those to make prudent use of natural resources (PPG 12 at paragraph 4.1) and to conserve minerals as far as possible [MPG3 (revised) at paragraph 6]. Together, that would be likely to reduce the use of, and reliance upon, non-renewable fuels. (Objection 2225) 1.3 The success, or otherwise, of Council partnerships are a matter for it. First Deposit objectives were rewritten at Second Deposit stage and provide an appropriate context for the protection of open space and greenfield sites, as well as opportunities for housing and employment. The need, or otherwise, for environmental assessments is prescribed primarily by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999 No 293) rather than legislation on the preparation of development plans. Any development proposal would be required to submit an assessment if prescribed by the regulations. There is, therefore, no need to refer to this in the UDP. (Objection 1789) 1.4 The Second Deposit version of the plan, at paragraph 01.14, contains 4 themes of sustainable development. These reflect those sought by the objector and are a general restatement of national guidance in “A Better Quality of Life, A Strategy for Sustainable Development in the UK”. (Objection 1851) 1.5 The Second Deposit version has extended the list of plan objectives. They, generally, have Borough-wide application - including the countryside. Objectives 14, 15 and 19 seek to ensure community access to services, while 2, 4 and 5 would include the quality of development. Chapter 7 of the plan addresses design matters, including local distinctiveness. New workplaces would be embodied in Objective 20. Within the context of Objectives 14 and 15, the plan seeks to ensure access to good quality housing. Community involvement procedures are a matter for the Council, within the statutory context. The use of building control powers to achieve sustainable construction practice relates to other than planning legislation. (Objection 1852) 1.6 The Second Deposit version establishes 23 objectives, fairly reflecting the overall approach of PPG 12. They include sustainable development objectives, as recommended by paragraph 3.8 of the guidance, and consistent with the themes of the plan at paragraph 01.14, that include economic growth and employment. Objectives 14 and 15 reasonably address housing. The plan does not indicate that the objectives are set out in priority order. As they provide a framework for the plan as a whole, there is no need for it to do so. This is not, however, explicit. For the avoidance of doubt, therefore, the plan should make this clear. (Objection 2393) 1.7 Objective 9 reflects the general thrust of the UDP. It is worded positively. It acceptably reflects national planning guidance, provides a general context for monitoring, and would include within it open space and greenfield sites. (Objection 2438) RECOMMENDATIONS 1.8 Modify the plan in response to Objection 586: amend paragraph 01.05 to reflect the final stage of RPG. Other relevant chapters of the plan should also, where appropriate, be the subject of updating. 1.9 Modify the plan in response to Objection 2393: amend paragraph 01.16 to indicate that the objectives are not set out in priority order. 1.10 No change to the plan in response to Objections 1789, 1851, 1852, 2225 and 2438. Chapter 1 1 - 2 Introduction Bolton Unitary Development Plan - Inspector's Report OMISSIONS The Objections CONDITIONALLY REF Objector WITHDRAWN? 1891 North West Tourist Board No 1904 CED Promotion Partnership No Summary of Objections • The strategy makes no reference to tourism. A specific tourism objective should form part of the UDP's overall strategy - reflecting, not least, the economic importance and potential of tourism. (Objection 1891) • The plan has not sufficiently involved local communities. There should be a wider range of sustainability indicators - including whether economic growth is compatible with it. The plan should give more detail on how sustainable development will be achieved and measured. (Objection 1904) Inspector's Reasoning and Conclusions 1.11 Chapter 1 introduces the UDP and sets out its strategy, including that which the Council considers to be its sustainable approach. Objective 20, at Second Deposit, would promote the creation of employment opportunities. That would reasonably include tourism, as well as other forms of economic activity. Objective 23 seeks the development of new, sustainable tourism opportunities. The tourism interest has not been prejudiced. (Objection 1891) 1.12 I have taken into account all the matters raised by the objector. National planning guidance in PPG 12 (paragraph 2.10) indicates that local people and other interested bodies, including community groups, should have the opportunity to express their views on the preparation of a development plan. The form of the consultation is generally for the local authority to determine (paragraphs 2.10 to 2.13). The Council has published a Statement of Public Participation (CD B9). Specific failings, if any, on consultation are a matter between the objector and the Council. At Second Deposit, the sustainable themes of the plan were changed to reflect national objectives (paragraph 01.14). These include economic growth and employment. CD B11 is a sustainability appraisal of the plan and the objector has not significantly disputed the Council’s view that policies perform well. Reasonably, however, the objector stresses measurement and achievement of sustainable development. In Chapter 17 (17.03), the Council states its overall approach to monitoring, but further information should be given there on the means of measuring the plan’s “sustainable” approach. (Objection 1904) RECOMMENDATIONS 1.13 Modify the plan in response to Objection 1904: amplify paragraph 17.03 to provide more detail on how the Council intends to measure the achievement of the stated sustainable approach of the plan.