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MAIDSTONE BOROUGH COUNCIL
JOINT MEETING OF THE LOCAL DEVELOPMENT DOCUMENT ADVISORY GROUP AND THE LEISURE AND PROSPERITY OVERVIEW AND SCRUTINY COMMITTEE
21 FEBRUARY 2011
REPORT OF DIRECTOR OF CHANGE, PLANNING AND THE ENVIRONMENT
Report prepared by Sue Whiteside
1. Core Strategy 2006-2026: Next Steps
1.1 Issue for Decision
1.1.1 To consider the progress
of the Core Strategy Development Plan Document since June 2009 when the
programme for preparing the DPD recommenced (Appendix A), and the next steps to
public participation.
1.1.2 To consider
amendments to the draft vision and objectives previously agreed by the Local
Development Document Advisory Group (Appendix B).
1.1.3 To consider the
issue of including a local connection criterion in the Core Strategy policy for
gypsy and traveller accommodation.
1.2 Recommendation of Director of Change, Planning and the Environment
1.2.1 That the Local
Development Document Advisory Group and the Leisure and Prosperity Overview and
Scrutiny Committee:
i.
Note
the amendments to the draft spatial vision and objectives for the Core Strategy
as set out in paragraph 1.3.18 of this report and suggest any further revisions;
and
ii. Recommend to Cabinet that the Core Strategy policy for gypsy and traveller accommodation does NOT include a local connection criterion.
1.3 Reasons for Recommendation
1.3.1 The purpose of the
report is to summarise the progress of the Core Strategy since the programme for
its preparation was restarted in June 2009, and to explain the current position
and next steps leading to the approval of the Core Strategy for public participation
and beyond. A summary of progress is attached at Appendix A.
1.3.2 The report revisits
the draft vision and objectives which Members first considered at a meeting of
the Local Development Document Advisory Group (LDDAG) in June 2010, the arising
amendments being attached for information purposes to a subsequent report to
the Group on 26 July 2010. The agreed draft vision and objectives are attached
as Appendix B. Members are requested to consider proposed amendments to the
vision and objectives, which have arisen as a result of ongoing work on the
Core Strategy.
1.3.3 This report also
addresses the issue raised by Members of LDDAG, Leisure and Prosperity Overview
and Scrutiny Committee, and Planning Committee to consider including a local
connection criterion in the Core Strategy policy for gypsy and traveller
accommodation.
Progress to Date
1.3.4 Appendix A sets out a chronology of events that have occurred since the Core Strategy programme restarted in June 2009. This includes a number of Member meetings, presentations and workshops; the completion and publication of new studies and reports that augment the Core Strategy evidence base; and the changes in national planning policy since the election of the coalition government in May 2010.
1.3.5 A number of Core
Strategy issues have been debated at Member meetings and workshops during the
past 18 months. These include:
· The format and content of the Core Strategy;
· The Core Strategy draft spatial vision and objectives;
· The development of a settlement hierarchy for Maidstone borough and the designation of rural service centres;
· The development of a green and blue infrastructure strategy for the borough;
· Policy directions and the setting of a boundary for the town centre;
· Draft generic core policies, including those for design, sustainable development and climate change, economic development, housing mix, affordable housing, local needs housing, gypsy and traveller accommodation, a green and blue network, and biodiversity;
· The approach to setting a numerical target for gypsy and traveller accommodation;
· Development of a methodology to enable the Council to set a local dwelling target and determine a distribution pattern for development; and
· The testing of development scenarios to establish preferred targets for housing and employment together with a development distribution, which will underpin the spatial policies of the Core Strategy in advance of its publication for public participation.
1.3.6 Meanwhile,
additional studies and reports have been published that inform and support Core
Strategy policies. These include the Sustainability Appraisal Scoping Report,
updates on retail and employment land demand, population and labour supply
forecasts, the Town Centre Study, the Water Cycle Study, and the Strategic
Housing Market Assessment. All of these documents can be viewed and downloaded
from the LDF page of the Councils website.
1.3.7 Initial survey work
has been completed for a borough wide Landscape Character Assessment, which is
currently subject to stakeholder consultation; and the evidence base for Core
Strategy Sustainability Policies will be published shortly. As part of the
appraisal process for testing development scenarios, further work has also been
ongoing through consultations with infrastructure providers and transport
modelling. Additional reports attached to this agenda update Members on these
aspects of the Core Strategy evidence base.
1.3.8 Members have received a number of reports and updates on proposed changes to the planning system by the coalition government. The Localism Bill was published on 14 December 2010 and is expected to be enacted in 2011/12. The Bill retains the LDF system and gives scope for the setting of local development targets and the preparation of neighbourhood development plans.
1.3.9 At the meeting of the Cabinet on the 9 February 2011 it was agreed:-
·
That
a local housing target of 10,080 dwellings and a development distribution for
new housing attached to the Cabinet report be agreed for the period 2006 to
2026 as the basis for the initial Core Strategy consultation document; and
·
That
a decision on the distribution of employment land be deferred to enable
officers to:
a) undertake further work on updating employment data to a base date of 2010;
b)investigate opportunities for alternative potential employment sites that can
support a dispersed pattern of development better suited to the housing
locations to replace a critical mass of employment land of 11 hectares at J8 of
the M20 motorway; and
· A report would be made back to Cabinet in April when the draft Core Strategy will be considered for publication participation.
1.3.10 On the additional work that is required this will include:-
· Updating the Employment Land Review;
· Reviewing the assumptions in the Economic Development Strategy;
· Reviewing the assumptions around employment sites across the borough; and
· Putting together a complete picture that encompasses all additional employment including retail, offices, light industrial, general industrial, warehousing, etc. between 2006 and 2011 and provision for the period from 2011 to 2026.
The outcome of this work will then be
presented to Cabinet in April as part of the Core Strategy report.
The Spatial Vision and Objectives: Balancing Urban & Rural Development
and the Phasing of Brownfield and Greenfield sites
1.3.11
The
draft spatial vision and objectives were initially considered by LDDAG in June
2010. Since then, the development of a local strategy for setting a dwelling
target and distributing development has led to a move away from the South East
Plan indicative target of 90% of new housing in or adjacent to the urban area.
The draft strategy which was considered by Cabinet on 9th February
2011 sought to balance the need for regeneration of the urban area with the
need to expand the roles of the rural service centres to support the continuing
viability aspirations of those sustainable settlements.
1.3.12
Taking
account of the number of dwellings completed to date, land with planning
permission, known brownfield sites and a contribution from unidentified
windfall sites in the latter part of the plan period, between 2006 and 2026
approximately 79% of the 10,080 dwelling target is proposed to be provided in
or adjacent to the urban area. This figure could be higher depending on the
amount of brownfield windfall sites that materialise in the early part of the
plan. It is recommended that the vision and objectives be amended to
acknowledge this shift.
1.3.13
The
second issue relates to the phasing of greenfield sites after 2016. In recent
years dwellings have been built on high density brownfield sites within the
urban area and the town centre, in accordance with government policy. Thus,
the housing mix has focused on flatted development which, in turn, has affected
the provision of family housing.
1.3.14
The
Strategic Housing Market Assessment (2010) concludes that the greatest demand
for housing throughout the borough is for family housing. The Councils current
land supply largely comprises brownfield sites but this imbalance can be
addressed through the Core Strategy and is assisted by the new PPS3: Housing
(June 2010), which deletes the national indicative density of 30 dwellings per
hectare so local authorities can set their own density ranges, and removes
private residential gardens from the definition of previously developed land.
1.3.15
The
draft vision currently states that greenfield sites, well related to existing
urban areas, will be phased after 2016. However, the Core Strategy will not be
adopted until autumn 2012, and LDF documents that allocate specific sites for
development must follow the Core Strategy. Therefore, DPDs or AAPs that
allocate land for development could not be adopted before 2014. Given the lead
in time to develop sites, the plan making process is likely to result in the
development of greenfield sites from around 2015/16, therefore naturally
phasing the release of greenfield sites. However, it is recognised that where
there is firm evidence to demonstrate a local need at a Rural Service Centre
that cannot be met through a local needs housing site, a proportion of suitable
greenfield housing development may be permitted before 2014, in advance of
allocating specific sites in site allocations documents that will follow the
Core Strategy. Any such proposals will need to cater for the physical and
social infrastructure needed in the Rural Service Centre area.
1.3.16
Previously
developed land will continue to materialise throughout the plan period but the
high percentage of brownfield development experienced in the recent past will
not be able to be sustained. Nonetheless, a borough wide target of 60%
brownfield development throughout the plan period (2006 to 2026) to meet
government policy aspirations is not unreasonable.
1.3.17
The
currently identified supply of brownfield housing sites will assist
regeneration of the urban area in the first half of the plan period and
unidentified brownfield sites, together with the preparation of an Area Action
Plan for regenerating the town centre, will support regeneration in the latter period.
Given the natural phasing of sites through the plan making system, the impact
of short to medium term economic conditions on the housing market, and the need
to ensure the spatial strategy is flexible and deliverable, it is recommended
that the vision is amended to delete reference to phasing greenfield sites
after 2016.
1.3.18
The
draft spatial vision and objectives have been reproduced in full for Members
convenience at Appendix B. It is recommended that the following amendments
(emboldened) to the second paragraph of the vision and to objectives (b) and
(e) be agreed as follows.
The Core Strategy will help in delivering sustainable growth and
regeneration while protecting and enhancing the boroughs built and natural
assets. Regeneration will be prioritised and delivered at the urban area of the
county town first to make best use of brownfield land. so the release of
Greenfield sites, well related to existing urban areas, will be phased
developed from 2015/2016. Development will be led by a sustainable and
integrated transport strategy, together with necessary strategic and local
infrastructure.
b) To focus new development at Maidstone urban area with:
·
90% 80% of new housing
built within and adjacent to the urban area of Maidstone, appropriate sustainable
greenfield development being well located to the existing urban area
· The aim of providing 60% of new housing across the plan period on previously developed land and through the conversion of existing buildings
·
New
employment allocations in Maidstone town centre strictly coordinated and
targeted with opportunities on the most suitable greenfield sites only.
e) To consolidate the
roles of Harrietsham, Headcorn, Lenham, Marden and Staplehurst as rural service
centres with successful village centres, as the focus of the network of rural
settlements, with retained services, new housing and regenerated
employment sites
1.3.19
The
draft vision and objectives have not been considered by Members in the context
of all Core Strategy policies, so there are no specific recommendations to
Cabinet.
Policy for Gypsy and Traveller Accommodation: Local Connection Criterion
1.3.20
Members
have previously resolved that consideration be given to the inclusion of a
local connection criterion in the Core Strategy Gypsy and Traveller Accommodation
policy. A suggestion made was that the criterion could be framed in similar
terms to a rural exceptions policy approach for which occupancy of the social
housing is limited to those with a residence, employment or close family
connection. Legal advice has been sought on the matter and the key conclusions
are set out as follows.
1.3.21
First,
local connection criteria are explicitly identified as unacceptable in the
current Circular 01/06 Planning for Gypsy and Traveller Caravan Sites because,
as a nomadic people, gypsies will not always have links to a locality.
1.3.22
Further,
the legal opinion is that there is a reasonably clear argument that the
proposed approach is indirectly discriminatory under the terms of the Equality
Act (2010). The advice warns that the approach would be treating the gypsy and
traveller community in a different way to those seeking conventional private
housing in the borough: unless a requirement of an unmet local need will be
applied to all applications for and allocations of bricks and mortar
accommodation (other than, for example, just rural exception sites) there seems
to me to be a reasonably clear argument that this is indirectly discriminatory.
1.3.23
Counsel
concludes that the approach is only likely to be free from challenge under
the Equalities Act 2010 if local need is sufficiently widely drawn to take into
account the cultural preference for nomadism and the historic under provision
of sites, and it is not applied more onerously to gypsy and traveller
applications than to bricks and mortar applications. Such a widely drawn
definition is unlikely to meet the objectives in setting it.
1.3.24
Whilst
the Circular is known to be under review, the requirements of the Equalities
Act will remain. It is therefore recommended that the emerging Core Strategy
policy should not include a local connection criterion.
1.3.25
On
9th February 2011 Cabinet agreed a gypsy and traveller pitch target
of 71 pitches for the period 2006 to 2016 for inclusion in the public participation
draft of the Core Strategy. Importantly, this target is derived from the
assessment of locally arising need only. Making provision for sites that meet
a target set in an up-to-date adopted Core Strategy will place the Council in a
much stronger position to defend appeals on unsuitable sites, irrespective of
need.
Next Steps
1.3.26 On 9 February 2011 Cabinet agreed the target and development strategy for housing, which has been based on sound evidence and developed with input from a variety of stakeholders, including infrastructure providers and Members. The strategy will underpin the spatial policies of the draft Core Strategy, which will include a strategy and policies for all land uses. Cabinet is expected to approve the document for consultation in April.
1.3.27
As
highlighted above further work was also requested on the employment land and
employment figures at the Cabinet meeting. This has commenced and will be
incorporated in the Cabinet report on the 13 April.
1.3.28
In
addition to published evidence, the Core Strategy will be accompanied by a
supporting document containing much of the detail as to how the strategy and
certain policies evolved, as well as the draft Infrastructure Delivery Plan and
draft Integrated Transport Strategy.
1.3.29
It
is important to remember that public participation is the starting point for
the strategy and there are a number of further stages the Core Strategy will
undergo before it can be adopted. Following consultation in spring, the Core
Strategy can be amended before publishing for the next round of consultation (the
Publication version of the DPD). There can only be minor amendments to the
plan between Publication and submission of the document to the Secretary of
State. However, if a major amendment following Publication was justified, the
Council can undertake additional public consultation before submission. The
programme for these steps (excluding the need for additional consultation) is
set out below.
|
Core Strategy Stage |
Dates |
|
Cabinet approval of draft Core Strategy |
13th April 2011 |
|
Public participation (6 weeks) |
28th April to 17th June 2011 |
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Cabinet approval of Publication version |
10th August 2011 |
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Publication consultation (6 weeks) |
26th August to 10th October 2011 |
|
Council approval of Submission version |
14th December 2011 |
|
Submission |
December 2011 |
|
Examination |
April 2012 |
|
Receipt of Inspectors Report |
July 2012 |
|
Council adoption of Core Strategy |
September 2012 |
1.4 Alternative Action and why not Recommended
1.4.1 Members could proceed with the inclusion of a local connection criterion in the Core Strategy gypsy and traveller accommodation policy but this approach is contrary to Counsel advice and there would be a high risk that the Core Strategy would be found unsound at examination.
1.5 Impact on Corporate Objectives
1.5.1 The content of the
report impacts on the key priorities of the Sustainable Community Strategy and
the draft Strategic Plan, particularly those relating to a decent place to live
and reducing the level of deprivation.
1.6
Risk
Management
1.6.1 Undertaking public participation
in advance of the enactment of the Localism Bill and the abolition of regional
strategies with prescribed dwelling targets carries some risk. If this part of
the Localism Bill falls then the Council would need to revisit its strategy and
re-consult on a new option for a target of 11,080 dwellings (as currently set
out in the South East Plan). Additionally, undertaking consultation prior to
the abolition of the South East Plan targets may result in the receipt of
objections to the Core Strategy housing target on the grounds of non conformity
with the regional strategy, and possible judicial review.
1.6.2 The government
purported to revoke regional strategies in July 2010, but a successful High
Court challenge by housing developer CALA Homes re-established the South East
Plan. A second challenge by CALA Homes to the governments position that the
intention to revoke regional strategies was a material consideration to be
taken into account when making planning decisions was lost. Therefore the
intended abolition of the regional strategy can be considered by the local planning
authority in making decisions. However, pending the abolition of regional
strategies the South East Plan remains part of the Development Plan, although
the governments intention to revoke strategies is a material consideration.
The weight given to any material consideration depends on individual
circumstances and it is for the decision maker to decide the appropriate
weight. (CALA Homes has indicated it will appeal to the Court of Appeal).
1.6.3 At this stage of
the Core Strategy process, the risk of judicial review is relatively low because
(a) public participation is an early stage of engagement with the public and
stakeholders and (b) the governments intention to revoke regional strategies
is a material consideration. There will be a higher risk at Publication stage
when the Council undertakes consultation on the strategy it proposes to submit
to the Secretary of State for examination because, until the regional strategy
is revoked, the core strategy should be in general conformity with it. The
timing of Submission of the Core Strategy will depend on the progress of the
Localism Bill.
1.6.4 Considering all matters, it is recommended that the Council proceeds with the Core Strategy programme outlined in paragraph 1.3.29 and engages with the public to develop the plan. During consultation the Council will consider and appraise any proposals made before moving towards Publication. A decision to advance to the following stages of the plan making process can be taken at the appropriate time. Officers will keep a watching brief on the matter and inform Members of any developments.
1.7 Other Implications
1.7.1
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1. Financial
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2. Staffing
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3. Legal
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X |
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4. Equality Impact Needs Assessment
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5. Environmental/Sustainable Development
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6. Community Safety
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7. Human Rights Act
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8. Procurement
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9. Asset Management
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1.7.2 The recommendation in this report accords with legal advice received to exclude a local connection criterion in the gypsy and traveller accommodation policy.
1.8
Relevant
Documents
None
1.8.1 Appendices
Appendix A: Chronology of events relating to the Core Strategy DPD
Appendix 2: Core Strategy draft spatial vision and objectives
1.8.2 Background
Documents
Local Development Document Advisory Group Reports 28 June 2010 and 26 July 2010
Cabinet report 9 February 2011
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IS THIS A KEY DECISION REPORT?
Yes No
If yes, when did it first appear in the Forward Plan?
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This is a Key Decision because: ..
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Wards/Parishes affected: ..
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