Report to Wyre Forest District Council by Claire Sherratt DipURP an Inspector appointed by the Secretary of State for Communities and Local Government Date: 20th May 2013 PLANNING AND COMPULSORY PURCHASE ACT 2004 (AS AMENDED) SECTION 20 REPORT ON THE EXAMINATION INTO WYRE FOREST SITE ALLOCATIONS AND POLICIES LOCAL PLAN AND KIDDERMINSTER CENTRAL AREA ACTION PLAN Documents submitted for examination on 24 October 2012 Examination hearings held on 29, 30 January and 1 February 2013. File Refs: PINS/R1845/429/7 & PINS/R1845/429/8 Wyre Forest District Council Site Allocations and Policies Local Plan & Kidderminster Central Area Action Plan, Inspector’s Report May 2013 Abbreviations Used in this Report AA Appropriate Assessment SAPLP Site Allocations & Policies Local Plan KCAAP Kidderminster Central Area Action Plan CS Core Strategy HMA Housing Market Area LDS Local Development Scheme LP Local Plan MM Main Modification LNP Local Nature Partnership RS Regional Strategy SA Sustainability Appraisal SCI Statement of Community Involvement SCS Sustainable Community Strategy GTAA Gypsy Traveller Accommodation Assessment SHLAA Strategic Housing Land Availability Assessment SHMA Strategic Housing Market Assessment LEPs Local Enterprise Partnerships WCS Waste Core Strategy CIL Community Infrastructure Levy PRDF Public Realm Development Framework FAS Flood Alleviation Scheme NWEDR North Worcestershire Economic Development & Regeneration - 2 - Wyre Forest District Council Site Allocations and Policies Local Plan & Kidderminster Central Area Action Plan, Inspector’s Report May 2013 Non-Technical Summary This report concludes that the Site Allocations and Polices Local Plan and Kidderminster Central Area Action Plan provide an appropriate basis for the planning of the District and Kidderminster Area over the next 15 years providing a number of modifications are made to the Plans. The Council has specifically requested that I recommend any modifications necessary to enable them to adopt the Plans. All of the modifications to address this were proposed by the LPA, and I have recommended their inclusion after full consideration of the representations from other parties on these issues. The modifications can be summarised as follows: Site Allocations and Policies Local Plan To permit open market residential development in Bewdley on sites comprising 5 or less dwellings; Widening the definition of housing permitted in rural areas and in Bewdley to meet identified local need; An undertaking to produce a separate Local Plan relating to the provision of gypsy and traveller sites following an up-to-date Gypsy and Traveller Accommodation Assessment; Support for live / work units; Clarification that waste developments will be considered favourably in employment locations; Minor change to the floor space threshold for retail units in neighbourhood or village centres and the definition of ‘small’ retail units to 280 sq m; Incorporation of policies relating to flood risk management and water quality; Modifications to ensure policies are consistent with the National Planning Policy Framework in relation to Heritage matters and the Community Right to Build Order; Deletion of references that seek to safeguard a freight connection between the Former British Sugar site and the Severn Valley Railway; Inclusion of an element of C3 (Dwelling houses) as development considered acceptable on the Lea Castle Hospital Site; Alterations to the plan identifying the area of previously developed land in the West Midlands Safari and Leisure Park tourist attraction; and Alterations to the plan identifying the area of previously developed land at the former Lea Castle Hospital Site. Kidderminster Central Area Action Plan Confirmation that development proposals should be in accordance with the Waste Core Strategy; Incorporation of a specific Water Management Policy to ensure flooding risks are adequately addressed; Incorporation of references to secure a ‘crime free’ environment; Compensatory provision for a new police post as part of the Churchfields development; - 3 - Wyre Forest District Council Site Allocations and Policies Local Plan & Kidderminster Central Area Action Plan, Inspector’s Report May 2013 Modifications to permit leisure development of all scales in the Primary Shopping Area and enhance the evening economy; Minor increase to the floor space threshold of small retail units to 280 sq m net; Modifications to the policies relating to Bromsgrove Street, Worcester Street and Lion Street and associated plan to ensure the development of these sites is considered comprehensively; Modifications to ensure contaminated land issues are addressed particularly having regard to the strategic importance of the principal aquifer; Clarification of the purposes and function of Green Infrastructure in relation to allocated sites; and Modifications to ensure policies are consistent with the National Planning Policy Framework in relation to design matters. Introduction 1. Due to the implementation of changes to the Development Plan Regulations following the implementation of the Localism Act, a generic minor modification is proposed by the Council to rename the ‘Site Allocations and Policies Development Plan Document’ the ‘Site Allocations and Policies Local Plan’ and the ‘Kidderminster Central Area Action Plan Development Plan Document’ to the ‘Kidderminster Central Area Action Plan’. All references to the ‘Proposals Map’ will be amended to the ‘Policies Map’. These amended references are used throughout this report. 2. This report contains my assessment of the Site Allocations and Policies Local Plan (SAPLP) [SD035] and Kidderminster Central Area Action Plan (KCAAP) [SD053] in terms of Section 20(5) of the Planning & Compulsory Purchase Act 2004 (as amended). It considers first whether the preparation of the Plans has complied with the duty to co-operate, in recognition that there is no scope to remedy any failure in this regard. It then considers whether the Plans are sound and whether they are compliant with the legal requirements. The National Planning Policy Framework (‘the Framework’) (paragraph 182) makes clear that to be sound, a Local Plan should be positively prepared; justified; effective and consistent with national policy. 3. The starting point for the examination is the assumption that the local authority has submitted what it considers to be sound plans. The basis for my examination is the submitted draft plans (July 2012) which are the same as the documents published for consultation in July 2012. 4. My report deals with the main modifications that are needed to make the Plans sound and legally compliant and they are identified in bold in the report (MM). In accordance with section 20(7C) of the 2004 Act the Council requested that I should make any modifications needed to rectify matters that make the Plans unsound/not legally compliant and thus incapable of being adopted. These main modifications are set out in the Appendices. 5. Schedules of main modifications for each Plan have been subject to public consultation and, where necessary, Sustainability Appraisal (SA) [MOD03 & MOD06]. These schedules of main modifications were published by the - 4 - Wyre Forest District Council Site Allocations and Policies Local Plan & Kidderminster Central Area Action Plan, Inspector’s Report May 2013 Council on 14 February 2013 for consultation [MOD01 & MOD04]. The consultation period expired on 28 March 2013 and I have taken the responses made to these into account [MODREP01-22]. I recommend that the changes required by the main modifications that go to soundness, as set out in the Appendices to this report, be made to the relevant plans. 6. The Secretary of State has announced the Government's decision to revoke the Regional Strategy for the West Midlands. The Plans have been prepared in this knowledge. An Order is expected to be laid shortly. It is not considered that the Order or subsequent revocation would materially affect the matters examined in relation to the SAPLP or KCAAP which relate to detail and site specific policies. It is not therefore necessary to refer back to any of the parties. Assessment of Duty to Co-operate 7. Section s20(5)(c) of the 2004 Act requires that I consider whether the Council complied with any duty imposed on them by section 33A of the 2004 Act in relation to the preparation of the Plans. 8. Wyre Forest District Council (WFDC) is located in the West Midlands within the Worcestershire sub-regional area. It falls within Worcestershire and is adjacent to the local authority areas of Bromsgrove, Malvern Hills, Wychavon and South Staffordshire Districts as well as Shropshire’s Unitary Authority area. Wyre Forest District comprises the three main towns of Kidderminster, Stourport-on-Severn and Bewdley surrounded by a number of smaller settlements and open countryside. To the east of the River Severn, land is largely covered by the West Midlands Green Belt. 9. The District has strong ties and commuter flows with the Birmingham and Black Country conurbation. It is a two-tier area with Worcestershire County Council providing public services such as highways, education, social services and community libraries. Two Local Enterprise Partnerships (LEPs) cover the area. These are the Worcestershire LEP and Greater Birmingham and Solihull LEP. 10. There are strong functional links between the Worcestershire local authorities, all of which fall within the South Housing Market Area (HMA). The CS supports the historical strategic planning