MSGP Compliance Statement

MSGP Compliance Statement

Contents Section Page 1 Introduction 3 2 Legal compliance, context and evidence 7 3 Duty to Cooperate 13 4 Consultation 15 5 Sustainability Appraisal 20 6 Vision and Strategic Objectives 23 7 Policies 29 Economic Prosperity 30 Homes 81 Transport and Accessibility 112 People and Place 123 Minerals and Waste 221 Appendices 1 List of Statutory and Duty to Cooperate Consultees Invited to Comment on the Plan 2 1. Introduction 1.1 This statement has been prepared to support the submission of Making Spaces for Growing Places (MSGP), the emerging land allocations and development management policies document for Gateshead Council. It aims to set out how the policies of MSGP meet relevant legal and procedural requirements, specifically: • The Planning and Compulsory Purchase Act 2004, the Town and Country Planning (Local Development) (England) Regulations (2004) (as amended) (the 2004 Act); • The Localism Act 2011 (which amended sections of the above 2004 Act); • The Town and Country Planning (Local Planning) (England) Regulations 2012 (the 2012 Regulations); and • The 2018 National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG). 1.2 Paragraph 35 of the NPPF sets out four tests of soundness that will be used in the examination of local plans to determine whether they are sound. This Compliance Statement explains how MSGP’s policies meet the tests of soundness. Plans are ‘sound’ if they are: • “Positively prepared – providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development; • Justified – an appropriate strategy, taking into account the reasonable alternatives and based on proportionate evidence; • Effective – deliverable over the plan period, and based on effective joint-working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground; and • Consistent with national policy – enabling the delivery of sustainable development in accordance with the policies in [the NPPF]” 1.3 The Compliance Statement does not constitute a policy document; rather, it is intended to support the effective and efficient examination of MSGP by summarising how the plan meets legal and procedural requirements. The statement should be read alongside MSGP and other Submission Documents1, and the evidence base documents in the MSGP evidence base library2. The context of MSGP in Gateshead’s Local Plan 1 https://www.gateshead.gov.uk/MSGPexamination 2 https://www.gateshead.gov.uk/article/8387/MSGP-evidence-base-document-library 3 1.4 MSGP (once adopted) will provide part three of Gateshead’s Local Plan. It sets out detailed planning policies on a range of issues and development types that will guide applicants and the location of development. 1.5 Once adopted, MSGP will supersede the remaining saved policies of the 2007 Gateshead Unitary Development Plan (UDP)3. Appendix 18 of MSGP provides a schedule of policies that will be superseded following the plan’s adoption. Gateshead’s Local Plan Local Plan Part 1 and 2 Core Strategy and Urban Core Plan Local Plan Part 3 Making Spaces for Growing Places ports Local Plan Part 4 Metrogreen Area Action Plan Sustainability Appraisals Sustainability Annual Monitoring Re Annual Monitoring Local Development Local Development Scheme Supplementary Planning Documents Statement(s) ofGround Statement(s) Common Statement of Community Involvement ofStatement Community Community Infrastructure Levy 1.6 The Gateshead and Newcastle Core Strategy and Urban Core Plan (CSUCP) established strategic policies that will guide development in Gateshead and Newcastle to 2030. It is the key document in each Council’s Local Plan, setting out an overarching strategy to deliver growth, economic prosperity and healthy sustainable communities while protecting and enhancing the natural and built environment and tackling climate change. The CSUCP covers the whole area within both local authorities’ administrative boundaries, sets out the overall requirements for housing and employment uses, and includes strategic and site-specific policies for the Urban Core, Sub-Areas and sites. 1.7 MSGP seeks to provide non-strategic policies that will support and implement the strategic vision and policies set out in the CSUCP. This has significance for the 3 Following adoption of the CSUCP in March 2015 the Council published a schedule of the remaining saved UDP policies, available at: https://www.gateshead.gov.uk/media/1907/Gateshead-Local-Plan-Policies- 2015/pdf/Gateshead-Local-Plan-Policies-27-Mar-15.pdf?m=636669081011070000 4 examination of MSGP, as NPPF paragraph 36 makes clear that the tests of soundness “will be applied to non-strategic policies in a proportionate way, taking into account the extent to which they are consistent with relevant strategic policies for the area”. 1.8 Nonetheless, the non-strategic policies of MSGP include several detailed (or ‘development management’) policies which could have cross-boundary implications, including: the allocation of specific sites for development; safeguarding land for transport improvements; flood risk management; protecting biodiversity and green infrastructure (including wildlife corridors); minerals extraction; and waste management. 1.9 It is also relevant to note that the significant cross-boundary links between Gateshead Council and Newcastle City Council4 mean that it has been appropriate to prepare joint evidence and align some MSGP policies with the equivalent Local Plan document in Newcastle City Council’s emerging Local Plan (the Development and Allocations Plan5). MSGP’s submission documents include a Duty to Cooperate Statement6, which provides detail on relevant cross-boundary issues between Gateshead and its neighbouring local authority areas, and joint-working activity carried out under the duty to cooperate. Chapter three of this Compliance Statement also includes a summary of how MSGP has met the legal and policy requirements of the Duty to Cooperate. Statement structure 1.10 The compliance statement comprises three broad sections: • Introduction • Legal Compliance • National, regional and local context, and evidence • Duty to cooperate • Consultation • Sustainability Appraisal • Soundness • Vision and strategic objectives • Policies • Economic Prosperity • Homes 4 Gateshead and Newcastle share a housing market area and share several characteristics of a functional economic market area: the neighbouring authorities also share key transport infrastructure and environmental assets. These shared characteristics were identified and addressed within the CSUCP. 5 https://www.newcastle.gov.uk/planning-and-buildings/planning-policy/site-allocations-and-development- management 6 https://www.gateshead.gov.uk/MSGPexamination 5 • Transport and Accessibility • People and Place • Minerals and Waste 6 2 National, Regional and Local Context, and Evidence 2.1 MSGP has been prepared in compliance with the Planning and Compulsory Purchase Act 2004 (2004 Act), the Town and Country Planning (Local Development) (England) Regulations (2004) (as amended), the Localism Act 2011 (which amended sections of the 2004 Act), the Town and Country Planning (Local Planning) (England) Regulations 2012 (2012 Regulations) and the National Planning Policy Framework (2019). The preparation of evidence and policies has also had regard to latest iterations of National Planning Policy Guidance. 2.2 The revised NPPF was published in July 2018 (subsequently replaced with a revised document incorporating relatively minor amendments published in February 2019), following publication of the MSGP Draft Plan (in accordance with Regulation 18 of the 2012 Regulations) in October 2017, and prior to publication of the MSGP Submission Draft Plan (in accordance with regulation 19 of the 2012 Regulations) in October 2018. MSGP was reviewed following publication of the revised NPPF to ensure its content complied with its requirements. The non-strategic nature of MSGP policies, and the broad similarities between the policy direction set out in the 2012 and 2018 NPPF documents resulted in no significant changes being made to the emerging MSGP. 2.3 A Local Development Scheme (LDS) is required under section 15 of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011). This must specify (among other matters) the documents which, when prepared, will comprise the Local Plan for the area. Section 19 of the Act requires that when a development plan is prepared it must be in compliance with the LDS. The preparation of MSGP is in accordance with Gateshead’s latest LDS, published in October 20177 . 2.4 Development Plans are required to be prepared in accordance with a Statement of Community Involvement (SCI), under section 18 of the 2004 Act. The latest update of Gateshead’s SCI was published in October 20178: MSGP has been prepared in accordance with this SCI. More detail on the consultation involved in preparing MSGP is set out in chapter four of this statement, and within the Consultation Statement submitted to support the examination of MSGP. 2.5 Under Section 19(5) of the 2004 Act, development plan documents must be subject to Sustainability Appraisal (SA) throughout their preparation, to ensure they are fully consistent with, and help to implement, the principles of sustainable development. In parallel

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