Ashfield District Council Local Plan Statement of Consultation July 2013 Ashfield District Council - Statement of Consultation Contents 1. Introduction 2. Statutes and Regulations 3. Duty to Co-Operate 4. Ashfield Local Development Framework Consultations 5. Ashfield Local Plan 2010-2023 Preferred Approach Consultation • Form of Consultation • Summary of Responses • Key changes made to the Local Plan Appendices Appendix One: Ashfield Local Plan 2010-2023 Preferred Approach Consultation. Summary of responses, the Council response to issues raised and proposed changes to the Local Plan. Appendix Two: List of bodies and persons invited to make representations Appendix Three: List of Respondents 1 Ashfield District Council - Statement of Consultation Introduction 1.1 This Statement of Consultation sets out the details of publicity and consultation undertaken to prepare and inform the Ashfield District Council Local Plan. This Statement fulfils the requirements of Regulation 22 (1)c of the Town and Country Planning (Local Planning) (England) Regulations 2012 to prepare a statement setting out how the Local Planning Authority (LPA) has complied with Regulation 18 of the same Regulations in preparation of the Local Plan. 1.2 The purpose of this Statement is to describe the consultations undertaken at each of the previous stages of the preparation of the Local Plan. The Statement summarises which bodies and persons were invited to make representations up to and including the most recent, Preferred Approach stage, how they were invited to do this, a summary of the main issues raised and how they have been taken into account by the Council. 1.3 Previous public consultations took place in relation to the review of the Ashfield Local Plan (2002) as part of the ‘Local Development Framework’ (LDF) process, following the national guidance of the time. There have since been significant changes to the planning process, most significantly the Government’s shift from Regional Strategies and Planning Policy Guidance Notes and Statements to the Localism agenda, and the preparation of the National Planning Policy Framework (NPPF) document and associated technical guidance. 1.4 In response to the Government’s agenda, the Council has agreed to take a new approach and produce a new form of Local Plan which will capture the shift to Localism. The Local Plan has a shorter time frame for delivery with the expectation of producing the second phase of the plan alongside Ashfield’s communities and neighbourhoods to realise the Government’s vision. This new ten year plan (which runs to 2024) will contain strategic policies, development management policies and site allocations, and will enable the Council to manage growth and development effectively within the District over the coming years. 1.5 This document identifies the Regulations which have required the consultations to be made throughout the plan making process, describes how they were undertaken, and then summarises the main issues raised and responses to the consultations. The remainder of the document provides a comprehensive presentation of the most recent responses, to the Local Plan Preferred Approach, enabling those who made representations to see how their comments have been taken into account. 2 Ashfield District Council - Statement of Consultation 2.0 Statutes and Regulations 2.1 Preparation of the Ashfield District Council Local Plan has been undertaken according to the following statutes, regulations and guidance: a) The Planning and Compulsory Purchase Act 2004 b) The Town and Country Planning (Local Development) (England) Regulations 2004 (amended 2008) c) Planning Policy Statement 12 (PPS12) d) The Localism Act 2011 (which amended certain sections of the Planning and Compulsory Purchase Act, 2004) e) The Town and Country Planning (Local Planning) (England) Regulations 2012 f) The National Planning Policy Framework 2012 (NPPF). 2.2 The initial stages of preparation were undertaken as part of the Ashfield Development Framework process where the Council was looking to take forward a Core Strategy followed by site allocations and development management development plan documents. With changes in legislation the Council determined to take forward a Local Plan which integrates the strategic policies, site allocations and policies for development management in a single document. 2.3 The Local Plan has to meet the requirements of the aforementioned statutes and the Town and Country Planning (Local Planning) (England) Regulations 2012. Regulation 18 requires the identification of each stage of preparation and consultation which took place to be noted as follows: (Regulation 18) • preparation of evidence base (started in January 2007 and continuing) • leaflet to all households: “The Ashfield Development Framework; Does it affect me?” published in April 2009 and delivered by a private company to all households in Ashfield with a freepost response to be included on the Council’s database • preparation of Core Strategy Issues and Options (up to June 2009) • consultation on Core Strategy Issues and Options(June/July 2009) • preparation of Spatial Growth Options (up to October 2009) • consultation on Spatial Growth Options (October/November 2009) • leaflet sent to all households in Ashfield on the Ashfield Local Development Framework (October 2009) • preparation of Core Strategy Preferred Option (up to March 2010) • consultation on Core Strategy Preferred Option (March/April 2010) • preparation of Local Plan Preferred Approach (up to September 2012) • consultation on Local Plan Preferred Approach (September/November 2012) • preparation of Local Plan Publication (up to July 2013). 3 Ashfield District Council - Statement of Consultation 2.4 Following the Publication of the Local Plan, the Regulations require the following stages to take place leading up to adoption of the Local Plan by the Council, with anticipated dates: (Regulation 19/20) • consultation on the Local Plan Publication; for legal compliance and soundness (August/September 2013) (Regulation 22) • submission of the Local Plan Publication (November 2013) (Regulation 24) • Examination in Public of the Local Plan (January 2014) (Regulation 26) • adoption of the Local Plan by the Council (May 2014). 2.5 The Regulations state that the Council, in its role as local planning authority, must notify a range of agencies, organisations and individuals at each stage of the Local Plan preparation process, and invite them to submit representations on its content. These representations must then be considered in the development of the Local Plan. 2.6 Bodies to be notified include regulatory agencies, physical infrastructure delivery agencies, social infrastructure delivery agencies, major landowners, housebuilders and developers, minerals and waste management agencies, voluntary bodies, neighbouring local planning authorities, county councils and parish councils. In addition, the Council publicises each consultation stage and invites representations from the public, including residents of Ashfield and any other groups or organisations. 2.7 Regulation 35 of the most recent 2012 Local Plan Regulations states that the Council must make available the Local Plan Publication document, and supporting documentation, at their principal office and other places within there are, and published on the Council’s website. These requirements are the minimum for consultation and the Council’s Statement of Community Involvement (SCI) establishes more detailed guidelines for engagement which have been taken place. 2.8 The SCI was originally prepared in 2006, and updated in 2010, to set out the Council’s standards and policies for involving the community in the planning process. The SCI lists the different groups the authority has consulted and describes the various methods used to engage and communicate with people. 2.9 The SCI is currently being updated and it is anticipated that the document will be adopted by the Council in August 2013. The document will be prepared in accordance with the National Planning Policy Framework, the Localism Act 2011 and the Town and Country Planning (Local Planning) (England) Regulations 2012. The document sets out the Council’s policy and approach to public consultation and involvement 4 Ashfield District Council - Statement of Consultation in the preparation of the Local Plan and the planning applications it determines. 2.10 The Council also produced a Community Engagement Plan for the Local Plan Preferred Approach stage (September 2012). 5 Ashfield District Council - Statement of Consultation 3 Duty to Co-operate 3.1 In addition to the above consultation requirements, Section 110 of the Localism Act 2011 makes a number of amendments to the Planning and Compulsory Purchase Act 2004, the effect of which is to place a legal duty on local planning authorities to cooperate with neighbouring authorities, county councils and other prescribed bodies when planning for sustainable development. 3.2 The additional prescribed bodies with which local planning authorities outside London are required to cooperate are set out in Regulation 4 of Part 2 of the Town and Country Planning (Local Planning) (England) Regulations 2012. They comprise: • Local Planning Authorities, either neighbouring or making up the Housing Market Area • Environment Agency • English Heritage • Natural England • Civil Aviation Authority • Homes and Communities Agency • Primary Care Trusts and successor bodies • Office of the Rail Regulator • Highways Agency • Highway Authorities