Wiltshire Council Response to the draft Oaksey Neighbourhood Development Plan (Regulation 16 Consultation) 1. Context 1.1. Officers of Wiltshire Council have been advising Oaksey Parish Council and its Steering Group about the neighbourhood planning process and the requirements to help ensure the neighbourhood development plan meets the basic conditions. 1.2. The Oaksey Neighbourhood Area was designated on 29th April 2016. A consultation in accordance with Regulation 14 of the Neighbourhood Planning (General) Regulations 2012 (as amended) took place over the period 31st March to 12th May 2018. 2. Submission of the draft neighbourhood plan 2.1. Wiltshire Council, as local planning authority, considered the submitted plan and is satisfied that it complies with all the relevant statutory requirements set out in Regulation 15 of the Neighbourhood Planning (General) Regulations 2012 (as amended). The submitted Oaksey Neighbourhood Development Plan (ODP) includes a map of the neighbourhood area, was accompanied by inter alia: a Basic Conditions Statement, the SEA Screening Decision, Habitat Regulations Assessment Screening, a Consultation Statement, and methodology papers for settlement boundary review and site selection. 2.2. This note sets out Wiltshire Council’s response to the ‘Regulation 16’ consultation on the ODP, which was submitted to the Council in June 2018. Following validation Regulation 16 consultation started on 31st July 2018 and finishing 12th September 2018 2.3. The comments that follow are made in the interests of ensuring that the submitted ODP is in general conformity with the strategic policies of the adopted Wiltshire Core Strategy1 (WCS) and can be used effectively by the Council in determining planning applications within the Parish of Oaksey. 3. Strategic Environmental Assessment (SEA) 3.1. Natural England, Environment Agency and Historic England, as statutory consultation bodies under Regulation 9 of the SEA Regulations, were consulted by Wiltshire Council on an SEA screening process in. Following clarification as to the likely content of the plan in consultation with Historic England, the Screening consultation concluded that no SEA was required. 3.2. The final decision that no SEA was required to support the preparation of the ODP formed part of the Regulation 15 submission pack. 4. Habitats Regulation Assessment (HRA) 4.1. A Habitats Regulation Assessment has been submitted to Wiltshire Council that identifies that a part of the North Meadow and Clattinger Farm SAC but that there no likely significant effects. The ODP was also screened by Wiltshire Council in accordance with the provisions of the Habitats Regulations. The screening process confirmed that the draft plan would have no likely significant effects upon any European designations. The screening opinion is attached at Appendix 1 for information. 5. The emerging development plan 5.1. Wiltshire Council is currently preparing two development plan documents which may be referred to by contributors to this ODP regulation 16 consultation. For information the current position in relation to these documents is set out below. Wiltshire Housing Site Allocations Plan 5.2. The draft HSAP was submitted to the Secretary of State in July for examination hearings early next year. The submitted Wiltshire Housing Site Allocations Plan (HSAP) includes proposals to amend the settlement boundary for Oaksey but does not include any housing allocations within the Parish. 5.3. The submission HSAP is accompanied by a set of changes recommended to the Inspector following consulltaion on the submission version. These proposed changes are also now subject to further consultation. 5.4. Recognising that ONP had reached submission and includes its own proposals to amend the settlement boundary to Oaksey, proposed changes to the HSAP include deletion of amendment proposed by the Council (ref PC128-PC131). 5.5. Wiltshire Council is satisfied that ONP review of the settlement boundary is consistent with the approach taken by the HSAP, would help to realise the community’s vision, planning for its own area, as well as being likely to be quicker to resolve. 5.6. The ONP has been prepared to be in conformity with the adopted development plan and identifies a site within the settlement boundary as a specific allocation to provide certainty on the suitability of this area for housing. Wiltshire Local Plan Review 5.7. Wiltshire Council is reviewing the Wiltshire Core Strategy. The Wiltshire Local Plan Review will have a plan period covering 2016 to 2036. An initial issues consultation took place in collaboration with Swindon Borough Council at the end of 2017 which included new information about housing and employment need in Swindon and Wiltshire for the period 2016 to 2036. Further consultation with Parish and Town Councils as well as other stakeholders concerning strategy and specifically the broad distribution of development is programmed for next month. Evidence published to support the local plan review has not been tested through examination. 5.8. Paragraph 184 of the National Planning Policy Framework states that ‘Neighbourhood plans must be in general conformity with the strategic policies of the Local Plan’ The ONP has been prepared to be in conformity with the adopted Wiltshire Core Strategy for the period 2006 to 2026 and is not the appropriate vehicle to introduce new strategic policy which is being discussed as part of the Wiltshire Local Plan Review. 6. Comments on the submitted plan Several policies of the ONP refer to development that is ‘supported’ or will be ‘resisted’. The ONP might state more clearly the tests by which a proposal will or will not be acceptable. This helps to substantiate grounds for refusal or to devise appropriate planning conditions. Section Comments Introduction The ONP recognises that the plan, once made, will sit alongside the Wiltshire Core Strategy and that policies of the WCS are applicable in the neighbourhood plan area. There are, where appropriate, also references to specific policies of the WCS in relevant subject areas. The ONP was submitted prior to the publication of the revised National Planning Policy Framework. Under transitional arrangements the ONP will be examined against the previous version. It would be appropriate to acknowledge these circumstances where the ONP refers to national policy (p11 of the ONP). The ONP recognises relationships with neighbouring and emerging plans, including the Wiltshire Housing Site Allocations Plan. It might be useful to also recognise that work has begun to review the Wiltshire Core Strategy. The Wiltshire Local Plan Review will plan for the period 2016 – 2036. It would be useful to acknowledge that a significant change in national or strategic policy could trigger a review of the plan. There is a focus on protecting and enhancing the built environment and the setting to Oaksey. It is unclear whether data from the Wiltshire and Swindon Historic Environment Record (HER) was used. Such information can help to expand sections on the parish’s history and evolution of the village. Built This section of the ONP refers too changes to the settlement boundary. The Environment revised boundary should be shown on map within the plan. We welcome that Policy 1 the ONP’s review as followed principles used by Wiltshire Council. This maintains a consistent approach. The wording to Policy 1 needs some clarification to ensure it is effective and consistent with policies contained in the Wiltshire Core Strategy. Specifically, the policy aims to prevent development within Oaksey that will: “adversely affect the structure and form of the existing settlement geography, the landscape setting of the settlement or the transitional edge between the settlement and the surrounding rural areas.” Historic Landscape Characterisation helps to define settlement morphology and good use has been made of the Landscape Character Assessment as means interpret the present day landscape. This allows a robust evidence base to corroborate policy aimed at safeguarding local landscape and settlement character. Nevertheless, it is not clear what is meant specifically by the village’s geography, setting and transitional edge. It would help a decision maker to know where these characteristics are defined or illustrated and therefore what weight can be given to them in planning decisions. Fundamentally, the objective of this part of the policy may be met in practice by the effect of the settlement boundary by itself without further elaboration being necessary. The policy also refers to development in the countryside. Restricting all development for tourism and leisure and recreation to just a small area of the Parish (within the Cotswold Water Park) does not seem justified. Elsewhere, the ONP notes the pressures upon the ecological designations within the Water Park and the objective of this policy needs to balance against the considerable importance of protecting those interests. Not all such potential and opportunity can stem solely from this one area and neither may it be acceptable for it to accommodate such development. The approach would appear to conflict with the National Planning Policy Framework and its objective of supporting the rural economy as well as Wiltshire Core Strategy Core Policies 39, 40 and 48. The policy seeks to prevent the creation of holiday accommodation outside the Water Park. This seems to be quite restrictive and it would be useful to add to the justification by some detailed evidence of how much this