Strategic Planning, Sustainability and Transportation Committee |
13 January 2016 |
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Is the final decision on the recommendations in this report to be made at this meeting? |
No |
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Maidstone Borough Local Plan – Publication (Regulation 19) |
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Final Decision-Maker |
Council |
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Lead Director or Head of Service |
Rob Jarman, Head of Planning and Development |
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Lead Officer and Report Author |
Rob Jarman, Head of Planning and Development, and Sue Whiteside, Principal Planning Officer |
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Classification |
Non-exempt |
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Wards affected |
All wards |
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A.
That the Strategic
Planning, Sustainability and Transportation Committee: 1.
Approves the re-classification
of Coxheath as a rural service centre in the local plan settlement hierarchy. 2. Agrees the officer responses to the balance of representations on the draft Maidstone Borough Local Plan 2014, attached at Appendix B.
B.
That the Strategic
Planning, Sustainability and Transportation Committee recommends that Council: |
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3.
Approves the
Maidstone Borough Local Plan 2016 (attached at Appendix A) for Publication (Regulation
19[1])
and Submission to the Secretary of State for Communities and Local Government
(Regulation 22) for examination under
section 20 of the Planning and Compulsory Purchase Act 2004. 4.
Grants delegated
powers to the Strategic Planning, Sustainability and Transportation Committee
to submit a schedule of proposed changes/main modifications to the
pre-submission Publication version of the Maidstone Borough Local Plan 2016,
arising from representations made (Regulation 20), to the Secretary of State. 5. Confirms the borough’s full objectively assessed housing need of 18,560 dwellings as the council’s local plan housing target.
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This report relates to the following corporate priorities: |
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Keeping
Maidstone Borough an attractive place for all and Securing a successful
economy for Maidstone Borough: · Planning for sufficient homes to meet our Borough’s needs · Promoting a range of employment opportunities and skills required across our Borough · Securing improvements to the transport infrastructure of our Borough · Enhancing the appeal of the town centre for everyone ·
Respecting the
character of our Borough. |
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Timetable |
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Meeting |
Date |
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Strategic Planning, Sustainability and Transportation Committee |
13 January 2016 |
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Council |
25 January 2016 |
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Maidstone Borough Local Plan – Publication (Regulation 19) |
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1. PURPOSE OF REPORT AND EXECUTIVE SUMMARY
1.1
This report
seeks approval to undertake ‘Publication’ consultation on the Maidstone Borough
Local Plan 2016 (Regulation 19[2]),
attached at Appendix A, and to submit the plan to the Secretary of State for
examination (Regulation 22) under section 20 of the Planning and Compulsory
Purchase Act 2004 ("the 2004 Act").
1.2 Appendix B contains the balance of issues raised by respondents to the draft Maidstone Borough Local Plan 2014 consultation, most of which have been addressed through the consideration of site allocations and detailed policies together with officer responses.
1.3
The report
explains how the plan has evolved and, for ease of reference, a schedule
attached at Appendix C cross-references amended policy numbers from the 2014
and 2015 consultation documents with the Maidstone Borough Local Plan 2016 (Appendix
A), and lists the committee dates where key policy changes have been agreed.
1.4 Appendix D is a website link to the draft Maidstone Borough Local Plan Sustainability Appraisal which has informed and shaped the local plan at various stages of plan preparation.
1.5 The Maidstone Borough Local Plan 2016 provides for a balance of land uses and makes provision for open space. It provides the policy framework for development management decisions. Importantly, the plan demonstrates that the council can meet its objectively assessed needs for housing, employment and retail. Meeting the objectively assessed need for Gypsy and Traveller accommodation assumes an allowance for unidentified sites; and Officers are in the process of finding out, through duty to cooperate arrangements, if neighbouring local authorities can contribute towards identified needs. The plan is supported by a robust evidence base and sustainability appraisal, and has been reviewed by the Planning Advisory Service and by an independent Planning Inspector (who will not be the person appointed to examine the plan).
1.6 Having previously undertaken extensive consultation
on the content of the draft local plan, ‘Publication’ (Regulation 19) allows
any person to make representations on the ‘Submission’ version of the plan that
will be examined by an Inspector appointed by the Secretary of State.
Regulation 19 Publication is intended to focus upon the soundness and legal
compliance of the plan.
1.7 The Integrated Transport Strategy (ITS)
and the Infrastructure Delivery Plan (IDP) are the focus of separate reports on
this agenda. The ITS and the IDP will be available for comment during
consultation because they form part of the evidence base behind the local plan.
2. INTRODUCTION AND BACKGROUND
2.1
The Maidstone Borough Local Plan (2011-2031)
is the key document that sets the framework to guide the future development of
the borough. It plans for homes, jobs, shopping, leisure and the environment,
as well as the associated infrastructure to support new development. It
explains the 'why, what, where, when and how' development will be delivered
through a strategy that plans for growth and regeneration whilst at the same
time protects and enhances the borough's natural and built assets.
The local plan process
2.2
Local plans must be positively
prepared, justified, effective and consistent with national policy, namely the National Planning Policy Framework (NPPF) and the
National Planning Practice Guidance (NPPG). A local plan is produced in accordance with planning regulations, and there are several key stages a plan passes through from
its inception to adoption:
· Preparation (Regulation 18) is a front-loaded informal and flexible stage(s) of public consultation.
· Publication (Regulation 19) should be the document that the local authority considers ready for examination.
· Representations (Regulation 20) may be made by any person on the Publication version of the local plan
· Submission (Regulation 22) to the Secretary of State for Communities and Local Government for examination under section 20 of the 2004 Act.
· Independent Examination (Regulation 24) carried out by an independent Planning Inspector appointed by the Secretary of State.
· Adoption (Regulation 26).
The process may also include proposed changes to the pre-submission Publication version of the local plan which, if proposed, must be submitted with the local plan; and post-submission modifications which will be subject to further public consultation during the examination of the local plan.
2.3 In addition to numerous meetings (at least 60 in the past 18 months) with a range of infrastructure providers, parish councils and other bodies, the council has undertaken extensive consultation with the public and stakeholders on the content of the local plan under Regulation 18 (or previous equivalent provisions):
· Core Strategy 2011
· Core Strategy Strategic Site Allocations 2012
· Maidstone Borough Local Plan 2014
·
Maidstone Borough Local Plan
(partial) 2015.
The reason for such prolonged consultation was due to
a number of factors, predominantly the need to prepare the evidence to
demonstrate if the council could meet its full objectively assessed needs; but also
the evolution of a ‘high-level’ strategic core strategy into a comprehensive
local plan that incorporates detailed site allocations and policies for
development management, and changes in national policy that had (and continue
to have) implications for local plan policies.
Consideration of consultation responses
2.4
The representations made during
the 2011 and 2012 public consultations informed the preparation of the 2014
local plan. The comments received on the 2014 and 2015 public consultations,
together with potential development sites which were submitted through
responses to ‘calls for sites’, have been considered through a series of
meetings of the Strategic Planning, Sustainability and Transportation Committee
(and the former Planning, Transport and Development Overview & Scrutiny
Committee and Cabinet) as set out below.
Topics |
Cabinet |
SPS&T |
Outcome |
Strategic Housing Market Assessment update |
10.09.14 |
|
For the plan period 2011 to 2031, approval of an updated objectively assessed housing need of 18,600 dwellings, and 960 additional care homes places. |
Development management and infrastructure delivery policies (excluding transport and affordable housing) |
14.01.15 |
|
Approval of policy amendments for Regulation 19 consultation, following the consideration of representations received during Regulation 18 public consultation (2014). |
Care Homes policy |
14.01.15 |
|
Following the consideration of new evidence, approval of a new care homes policy for Regulation 18 consultation (October 2015). |
New and amended housing site allocations |
02.02.15/ 04.02.15 & 09.03.15 |
|
Following the consideration of representations on housing sites received during Regulation 18 public consultation (2014), approval of amendments for Regulation 19, and deletions/additions for Regulation 18 consultations. |
Strategic Housing Market Assessment update |
|
09.06.15 |
For the plan period 2011 to 2031, approval of an updated objectively assessed housing need of 18,560 dwellings, and 980 additional care homes places (following publication of updated CLG household projections in February 2015). |
Housing sites update |
|
09.06.15 |
Agreement to revisit previously rejected housing sites in the context of meeting objectively assessed housing need in accordance with the NPPF, with the exception of H1(25) Tongs Meadow; H1(60) Fant Farm; and H1(48) Heath Road, Boughton Monchelsea. |
Open space and recreation (new policy ref DM22) |
|
18.08.15/ 19.08.15 |
Approval of amendments for Regulation 18 consultation (October 2015), including new open space standards, following publication of additional evidence. |
Landscapes of Local Value (new policy ref SP17) |
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18.08.15/ 19.08.15 & 08.09.15; referral to P&R 23.09.15 |
Following the
consideration of representations received during Regulation 18 public
consultation (2014), approval of amendments to the Countryside policy
focusing on refinement of boundaries for landscapes of local value, and inclusion
of the Low Weald as a landscape of local value
for further Regulation 18 consultation (October 2015). |
Affordable housing (new policy DM13) |
|
14.07.15/ 23.07.15 & 18.08.15/ 19.08.15 |
Following the consideration of representations received during Regulation 18 public consultation (2014) and additional evidence, approval of amendments to the affordable housing policy for Regulation 19 consultation. |
Retail and mixed use allocations (new policy RMX1) |
|
18.08.15/ 19.08.15 |
Following the consideration of representations received during Regulation 18 public consultation (2014), approval of amendments to retail and mixed use policies for Regulation 19 consultation. |
Reconsideration of previously rejected housing sites (new policy H1) |
|
18.08.15/ 19.08.15 & 08.09.15 |
Reconsideration of previously rejected housing sites in the context of meeting objectively assessed housing need in accordance with the NPPF. Approval of amendments to a number of site allocation policies for Regulation 19 consultation; and deletions/ additions/ amendments to a number of site allocation policies for further Regulation 18 consultation (October 2015). |
Future locations for housing growth (new policy H2) |
|
18.08.15/ 19.08.15 |
Following the consideration of representations received during Regulation 18 public consultation (2014), approval of amendments to policies for broad locations for housing growth for Regulation 19 consultation. |
Results of VISUM Transport modelling |
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The results of the transport modelling and the implications for the preparation of the Integrated Transport Strategy were noted. It was agreed that further work on the development of transport policies in the local plan would be required. |
Employment land allocations (new policy EMP1) |
|
18.08.15/ 19.08.15 |
Following the consideration of representations received during Regulation 18 public consultation (2014) and additional evidence, approval of amendments to the employment land policies for Regulation 19 consultation; and approval of further Regulation 18 consultation (October 2015) for the proposed allocation of land at Woodcut Farm (junction 8 of the M20 motorway) for employment. |
Gypsy and Traveller site allocations (new policy GT1) |
|
18.08.15/ 19.08.15 |
Following the consideration of representations received during Regulation 18 public consultation (2014) and the 2014 call for sites, approval of amendments to policies for Regulation 19 consultation; and approval of further Regulation 18 consultation (October 2015) for proposed new sites. |
Transport policies (new policies DM24 to DM26) |
|
08.09.15 |
Following the consideration of representations received during Regulation 18 public consultation (2014) and additional evidence, approval of amendments to policies for Regulation 19 consultation; and approval of further Regulation 18 consultation (October 2015) for deleted park and ride sites. |
Consideration of responses to the October 2015 Regulation 18 public consultation on selected matters |
|
14.12.15 |
Following the consideration of representations received on a selected suite of policies during Regulation 18 public consultation (October 2015), approval of amendments to policies for inclusion in Regulation 19 consultation. |
2.5
The consequential amendments have
been incorporated into the Maidstone Borough Local Plan 2016 (attached at
Appendix A). Account has also been taken of changes to national planning policy
and practice guidance that impact on the policies of the local plan, to the
council’s evolving evidence base, to the Infrastructure Delivery Plan, and to
emerging strategies such as the Integrated Transport Strategy, the Green and
Blue Infrastructure Strategy and the Housing Strategy.
2.6
The balance of issues raised by
respondents to the consultation on the Maidstone Borough Local Plan in 2014
relate to the spatial strategy and settlement policies. The vast majority of
these issues have been addressed through the consideration of site allocations
and the more detailed policies of the local plan by the Committee and former
Cabinet (as set out in the table above) but, for completeness, they are listed
with officer responses in Appendix B. The Committee is recommended to agree
the responses at Appendix B.
Further Amendments to the Maidstone Borough Local Plan
2.7
The structure of the local plan
has been improved by moving site allocations that were previously appended to
the plan into policy boxes that now follow each topic policy for housing, broad
locations, Gypsy and Traveller accommodation, retail and mixed use, and
employment. The general topic policies for residential development (H1, H2 and
GT1) contain criteria that apply across site allocations within each category,
and the allocations are cross-referenced thus negating the need for repetitive
policy criteria. The local plan Policies Map is an ordnance survey based map
showing the detailed boundaries of where adopted policies apply and is
available on the local plan webpage. However, for ease of reference, individual
site location plans have been reproduced as a supplementary appendix to the
Maidstone Borough Local Plan 2016. Settlement boundaries on the Policies Map
will be amended to incorporate built development of allocated sites.
2.8
A schedule that cross-references
amended local plan policy numbers, together with references to committee dates
where policy changes have been agreed, is attached at Appendix C. The schedule
also highlights key amendments that have been made as a result of factual
updates, national policy changes, advice from the Planning Advisory Service or
Planning Inspector, and where additional explanation or further clarity of an
issue or policy is required.
2.9
The spatial strategy has been
updated to reflect agreed full objectively assessed needs. A comprehensive
examination of the borough’s constraints has been completed, to ensure
protection of the best of Maidstone's urban and rural heritage. All potential
development sites were subject to a site visit and a detailed appraisal which considered
the impact that development would have on the landscape, ecology, ancient
woodland, heritage, archaeology, and the loss of best and most versatile
agricultural land. Development proposals will be supported by new infrastructure.
The council can meet its objectively assessed needs for housing, employment and
retail. Meeting the objectively assessed need for Gypsy and Traveller
accommodation assumes an allowance for unidentified sites; and Officers are in
the process of finding out, through duty to cooperate arrangements, if
neighbouring local authorities can contribute towards identified needs. By
meeting its objectively assessed housing need in full, the council has reduced
the risks associated with reliance on other local authorities to contribute
towards Maidstone’s identified housing need.
2.10
For clarity, further explanation
of the borough’s settlement hierarchy which governs the spatial distribution of
development is included in the local plan (supporting text to policy SS1
Spatial Strategy). The County town of Maidstone is the most sustainable
location for new development because it offers a range of higher order services
and facilities and it provides the best range of transport options in the
borough. Rural service centres are the next most sustainable locations because
they provide a good range of services which serve both the village and the
surrounding hinterland. Services generally include a nursery and primary
school, a range of shops, a doctor’s surgery, a place of worship, a public
house, restaurant and community hall as well as open space provision. All have
a range of local employment opportunities and good public transport access.
Larger villages have fewer services than rural services but can provide for day-to-day
needs of local communities and can accommodate a limited amount of housing
development.
2.11
Coxheath village, currently
classified as a larger village, fulfils the role of a rural service centre.
The village has two pre-schools and a primary school and, although there is no
secondary school within the village boundary, Cornwallis Academy is located 10
minutes away by bus. Community facilities include a church, library and
village hall. Coxheath is the strongest performing village in terms of health
care services. Leisure facilities comprise a recreation ground with equipped
play area, football pitches and a Scout hut. The village has a variety of
convenience and comparison shops, restaurants and a post office. Whilst
Coxheath does not have a railway station, it has a regular bus service and good
access to town centre employment and facilities. Approximately 500 dwellings
and 43 care home bedspaces, together with supporting infrastructure and open
space, are proposed at Coxheath. Given the size of the village and its range
of everyday services and good transport links, together with the proximity of
the village to Maidstone town (6 to 7km), it is recommended that Coxheath be
re-classified as a rural service centre.
2.12
The local plan contains new spatial
policies for each of the strategic locations where housing growth has been
comprehensively planned: north-west and south-east of the urban area, rural
service centres and larger villages (policies SP2, SP3, SP6 to SP11, and SP13
to SP16). These policies do not introduce new requirements in themselves, but
collate the requirements of proposals throughout the plan in one place to add
clarity for the reader. The local plan now contains inset plans for each strategic
location and settlement.
2.13
There are no proposed changes to
the identification and allocation of individual sites over and above those
previously agreed by the Committee. However, dwelling yield and policy
criteria have been updated in some instances to take account of recent planning
permissions and signed legal agreements, and to reflect minor amendments to the
IDP. Of particular importance is the incorporation of the results of detailed
modelling that demonstrates the improvements that can be made to the existing
highway network at specific locations that have been identified as being
potentially sensitive to future traffic flow changes as a result of new
development. The approved strategic and local infrastructure requirements at
key junctions and locations are set out in the site allocation policies of the
local plan, further detail being included in the IDP and the ITS.
2.14 Development management policies (policies DM1 to DM44)
follow the spatial strategy, spatial policies and site allocation policies in
the document. Supplementary planning documents (SPD) should expand on local
plan policies or add greater detail. The Kent Parking Standards have been
approved by the council as an interim measure for development management
purposes until such time as an SPD can be prepared. A new policy for Parking
Standards (policy DM27) has been included in the local plan which sets criteria
against which planning applications should be considered and which act as the ‘hook’
for the preparation of a more detailed SPD that will ultimately supersede the
Kent parking standards. Similarly, policy DM22 for Open Space and Recreation,
which previously signposted an SPD to establish qualitative open space
standards, has been amended to include
criteria as the ‘hook’ (i.e. the policy basis) for a more detailed SPD.
2.15 Custom and self-build housing is housing built or
commissioned by individuals or associations of individuals for their own
occupation, and national policy and guidance directs local planning authorities
to take account of such housing need in their areas when planning for a mix of
dwellings. To introduce greater flexibility into the plan, and to reflect the
council’s support for such schemes, policy DM11 Housing Mix has been amended to
encourage the consideration of custom and self-build plots as part of large
development schemes.
2.16 The Government is adopting a new approach for the
setting of “national technical standards” for new housing, which will comprise
additional optional Building Regulations on water and access, together with a
new national space standard. These are intended to complement the existing
mandatory set of Building Regulations. References
to Codes for Sustainable Homes have therefore been removed from the local plan and
policies DM2 Sustainable Design and DM7 External Lighting have been amended
accordingly.
2.17 There are a number of provisions in the Housing and
Planning Bill 2015 which could have an impact on certain policies in the local
plan. Officers will keep a watching brief on proceedings and respond promptly
to any policy amendments that may arise once the Bill is given Royal Assent.
Of particular note is the intention to place a duty on local planning
authorities to require a proportion of “starter homes” on all reasonably-sized
sites. Starter homes (sold at 20% below the market price to first-time buyers)
are recognised as a form of affordable housing but are not subject to the same
obligations. The Bill also seeks to make permanent temporary permitted
development rights which have enabled offices to be converted to new homes without
having to apply for planning permission. The local plan highlights these
points and, once the Bill is enacted, appropriate policy amendments can be
incorporated into the list of modifications to the local plan, as may be
necessary.
2.18
Plan making is an iterative and
continuous process. As a consequence of
the adoption date of the local plan moving to 2017, the review of the local
plan will now commence in 2022. It is best practice to undertake a review of a
local plan as a whole approximately five years after its adoption date, to
ensure that the policies of the plan are not only being delivered but also remain
flexible enough to respond to changes in national policy and market conditions.
Meanwhile, the council has a responsibility to ensure its evidence base is kept
up-to-date, and to monitor key policies of the local plan annually through
monitoring reports. Such annual and five-yearly reviews can trigger a partial
amendment to a local plan or result in a wholesale revision to the plan.
Publication (Regulation 19) and Submission (Regulation 22)
2.19 Having considered the views of the public and other bodies on the content of the local plan, the next step is the Publication of the proposed Submission version of the local plan, when the consultation stage (Regulation 19), to allow representations to be made as to whether the local plan has been prepared in accordance with legal requirements and whether it meets the tests of soundness:
· “Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development;
· Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;
· Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and
· Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the Framework.” (NPPF, paragraph 182)
2.20
Legal requirements include
the include the plan’s preparation in accordance with planning regulations, the
council’s adopted Statement of Community Involvement and Local Development
Scheme, compliance with the Duty to Cooperate, and the preparation of a Sustainability
Appraisal which assists in developing the policies and proposals of the local
plan.
2.21
To this end, Legal Services were retained to advise on aspects of the
plan, and the plan has been reviewed by the Planning Advisory Service, and an
independent Planning Inspector (who will not be appointed to examine the
plan). Although the reviews cannot guarantee a sound plan at examination, the
advice received has helped to improve the robustness of the plan.
2.22
Following Publication (Regulation
19), representations may be made over a six-week period. Thereafter the
council must consider the representations made and prepare a report that
summarises the key issues arising from representations made which, together
with copies of the representations made, must be submitted to the Secretary of
State with the local plan (Regulation 22). Unlike previous consultations on
the preparation of the local plan (Regulation 18), the primary purpose of
Publication (Regulation 19) is to provide interested persons with an
opportunity to make representations (Regulation 20) on the legal compliance and
soundness of the local plan, which will inform the examination of the submitted
local plan. The Inspector appointed by the Secretary of State to examine the
local plan must consider the representations made (Regulation 23) and determine
which matters and issues raised in those Representations should the considered
at the examination hearings. Any person who makes representations seeking to
change a development plan document must (if s/he so requests) be given the
opportunity to appear before and be heard by the person carrying out the
examination
2.23
As the purpose of the Publication
(Regulation 19) is to allow representations to be made on the version of the
local plan which the Council intends to submit to the Secretary of State, the
Council should consider the pre-submission
version of the local plan, which it considers to be legally compliant and sound
and therefore ready for examination. However, before submitting the local plan
to the Secretary of State, the council must consider duly made representations
(Regulation 20) in in response to which the council may consider it necessary
or appropriate to propose modifications to the Publication version of the local
plan. These may be minor or main modifications. Main modifications are those
changes to the submitted local plan which are necessary to make it sound and
legally compliant. Any changes proposed by the council that are not necessary
for that purpose can be made without the need for approval by the Inspector.
2.24
Usually, the local authority prepares
a schedule of proposed modifications to meet the concerns of objectors, which
is submitted with the local plan, and the Inspector considers whether they are
main modifications. The schedule is updated as the examination progresses
with the final version being submitted to the Inspector following the
completion of examination hearings. The Inspector then approves the list
of main modifications which are published for a period six weeks to allow
representations to be made. The Inspector will decide whether the
representations raise any new issues which require additional hearings to be
convened, although usually they do not. The Inspector's final report will
identify the main modifications considered necessary to recommend adoption of
the submitted local plan.
2.25
It is recommended that the
Strategic Planning, Sustainability and Transportation Committee be granted
delegated powers to prepare a schedule of proposed changes to the Publication
version of the local plan for submission to the Secretary of State with the local
plan. If
such modifications are of a significance or magnitude that requires additional
public consultation, those changes will be referred to Council for approval to
undertake a second public consultation (Regulation 19) before submission.
2.26
At submission, the local plan will
be supported by a number of other documents that are in preparation, including
a statement setting out how the consultations have shaped the local plan, a Duty
to Cooperate compliance statement, and various topic papers that give
background detail on the development of policies. Topic papers are technical
documents which summarise the evidence to explain the council’s position on various
important and/or contentious matters and issues for the benefit of the Inspector
appointed to examine the plan. (They are not policy statements).
2.27
The IDP and the ITS are the
subject of separate reports on the agenda. These documents are not governed by
the same plan making regulations that steer the preparation of the Maidstone
Borough Local Plan but they support the local plan and form part of its
evidence base. Highway and sustainable transport improvements that are
necessary to mitigate the impacts of development allocations are included in
the ITS. The IDP contains detailed
information on the timing and funding of all types of infrastructure necessary to support development, including highway
and transport schemes. Both documents
will be made available for comment during consultation on the local plan.
The housing target, housing land supply and the housing trajectory
2.28
The housing trajectory shows past
and projected annual dwelling completions against an agreed objectively
assessed housing need of 18,560 dwellings. It demonstrates how the target will
be met by forecasting the delivery rate of sites allocated in the local plan year
by year over the 20-year plan period 2011 to 2031. The trajectory includes
sites completed since the base date of the local plan, extant planning
permissions, local plan allocations and broad locations, and an allowance for
windfalls.
2.29
The 5-year housing land supply
calculation has a very different purpose. At an annual ‘snapshot’ at 1 April,
the council must demonstrate that it has five years’ worth of deliverable
housing sites and that these dwellings will be built during that time. Deliverable
sites should be available now, offer a suitable location for development
now, be achievable with a realistic prospect that housing will be
delivered on site within five years, and be viable (NPPF paragraph 47). The
5-year calculation takes account of completed dwellings since 2011, extant
permissions that will be delivered in full or in part over the following five
years, and local plan allocations that have a good prospect of being delivered
in full or in part over the next five years. The calculation is rolled forward
one year each April following the annual housing land survey, when completions
and extant permission are updated and a further year’s target and land supply
are included. Maintenance of a 5-year supply demonstrates the timely delivery
of housing land, strengthening the council’s position to resist unacceptable
development, and highlights when additional land may need to be brought forward
to address any shortfall.
2.30
As at 30 November 2015, the
council can demonstrate an adequate supply of land to provide for 18,481
dwellings against an objectively assessed need for the borough of 18,560
dwellings. Although a shortfall remains, the need is expected to be met
through permissions granted on unidentified sites between 1 December 2015 and
31 March 2016. The figures use a base date snapshot of 1 April 2015, which is
when annual surveys are updated in full, but the table below also recognises
the dwelling contribution from sites that have been granted planning permission
between 1 April and 30 November 2015 and sites that have been approved subject
to S106 agreements.
Meeting objectively assessed housing need |
Dwellings |
Dwellings |
Objectively assessed housing need |
|
18,560 |
|
|
|
Completed dwellings 1 April 2011 to 31 March 2015 |
2,341 |
|
Planning permissions (including subject to S106) 1 April 2015 to 30.11.15 |
2,907 |
|
Local plan allocated housing sites |
8,707 |
|
Local plan broad locations for housing development |
3,500 |
|
Windfall sites (2022 to 2031) |
1,026 |
|
Total 20-year housing land supply |
|
18,481 |
2.31
The council has successfully identified
mechanisms to deliver 99.5% of its objectively assessed need over the local
plan period and is expected to fully deliver development that meets need (in
accordance with the requirements of the NPPF) by the time the local plan is
submitted to the Secretary of State for examination. Equally important is the
phasing of development set out in the housing trajectory, which is undertaken
in consultation with housebuilders and monitored annually to ensure the council
maintains a rolling five-year supply of deliverable housing sites.
2.32
For the past four years 1 April
2011 to 31 March 2015, the council has not met its annual need of 928 dwellings
(the shortfall totals 1,371 dwellings). The NPPG is clear that local planning
authorities should aim to deal with any undersupply within the first five years
of the plan period where possible. For Maidstone to deliver its previous
shortfall in the five years between 1 April 2015 and 31 March 2020 in addition
to its annual requirement of 928 dwellings would result in an unrealistic
annual target that is highly unlikely to be met on the ground. The council is addressing
the challenging step change from its past average annual delivery rate of around
640 dwellings (over 12 years 2003/2015) to meeting objectively assessed need of
928 dwellings per annum. It would be more realistic to spread the shortfall
over the remaining years of the plan.
2.33
The council will set out its case
for spreading the shortfall arising from the delivery of housing land since the
base date of the local plan (2011/2015) over the remaining years of the plan to
2031 in greater detail in a housing topic paper that will accompany the local
plan at submission stage, known as the Housing Implementation Strategy. The Housing
Implementation Strategy will also update the housing trajectory to a snapshot
base date of 1 April 2016 following the annual monitoring and survey of sites.
2.34
This approach will also have a
positive effect on the calculation of five-year housing land supply. The
council must demonstrate at examination that it has a five-year supply of
deliverable housing sites as at 1 April 2016. The council will then be in a much
stronger position to resist unacceptable development proposals. An updated five
year housing land supply table will be included in the Housing Implementation
Strategy.
2.35
The forecasting of housing land
supply is not an exact science. Much of the dwelling yield from allocated
sites is indicative, and the final numbers contributing towards the council’s
supply are confirmed through completions. Inevitably, there will be some sites
that are allocated or have planning permission that will not come forward, and
equally new permissions will be granted for previously unidentified sustainable
sites (such as urban brownfield sites). The rates of development delivery are
dependent on the strength of the housing market, and the council is also, to
some extent, relying on the delivery of broad locations and windfall sites in
meeting its needs.
2.36
During the preparation of the
local plan, the council has adopted a positive approach to planning in the
borough and 43% of the housing allocations have been granted planning
permission or have been permitted subject to S106 agreements. Construction has
begun on a number of large sites. Masterplanning for the broad locations for
housing growth will be critical, although potential redevelopment opportunities
in the town centre have already been identified (e.g. office conversions, Baltic
Wharf and Granada House for example); a site visit to Invicta Park Barracks
with local ward Councillors has taken place to complete an initial assessment
of the site’s capacity; and potential development sites within the defined broad
location for Lenham have been submitted through the Strategic Housing Land
Availability Assessment process. This places the council in a strong position to
demonstrate, through the Housing Implementation Strategy, how the various
elements of housing land supply will be delivered.
2.37
It is therefore recommended that
the borough’s full objectively assessed housing need of 18,560 dwellings be
confirmed as the council’s housing target in the local plan. The allocation of
sustainable development sites (with mitigation and supporting infrastructure)
and broad locations for housing growth in the Maidstone Borough Local Plan
significantly help to deliver this target. The small shortfall of 79 units is
expected to be met through permissions granted on unidentified sites between 1 December
2015 and 31 March 2016.
Sustainability Appraisal
2.38
The sustainability appraisal of
individual policies and site allocations, together with the plan as a whole,
has helped to inform and shape the Maidstone Borough Local Plan. The
sustainability appraisal will be published with the local plan, and the draft
appraisal will be available on the council’s website at http://www.maidstone.gov.uk/residents/planning/local-plan/evidence
2.39
An updated Habitat Regulation
Assessment (HRA), which is required to assess the likely impacts of local plan
policies on the integrity of internationally important nature sites, has
concluded that the scale of intended growth in the local plan would not result
in a likely significant effect on the North Downs Woodlands Special Area of
Conservation. The HRA will also be published with the local plan,
and will be available on the council’s website at http://www.maidstone.gov.uk/residents/planning/local-plan/evidence
Next steps
2.40 The public consultation on the Maidstone Borough Local Plan (Regulation 19) is programmed to commence on 5 February and run for six weeks to 18 March 2016. Following consultation, the plan together with the representations and supporting documentation will be submitted to the Secretary of State for examination (Regulation 22). Any modifications will be approved by the Committee and submitted with the local plan, provided the modifications are not of a magnitude that would require the plan to be re-presented to Council for approval to undertake re-consultation (Regulation 19) before submission. Submission is programmed for May 2016 in accordance with the council’s adopted Local Development Scheme (December 2015).
3. AVAILABLE OPTIONS
3.1
Option 1A: Recommend to Council
that the Maidstone Borough Local Plan 2016 be approved for Publication
(Regulation 19) and Submission (Regulation 22). This option should be selected
if the local plan is considered legally compliant and sound.
3.2
Option 1B: Reject the Maidstone
Borough Local Plan 2016 for Publication (Regulation 19) and submission
(Regulation 22). This option should be selected if the local plan is not considered
legally compliant and sound.
3.3 Option 2A: Recommend to Council that the Strategic
Planning, Sustainability and Transportation Committee be granted delegated
powers to submit the Maidstone Borough Local Plan 2016 (Regulation 22) with a
schedule of proposed changes (amounting to main modifications) arising from
Representations (Regulation 20) made in response to Publication (Regulation 19).
3.4 Option 2B: Recommend to Council that any proposed main
modifications to the Maidstone Borough Local Plan 2016 are considered by
Council before the local plan is submitted.
3.5 Option 3A: Recommend to Council that the borough’s
full objectively assessed housing need of 18,560 dwellings be confirmed as the
council’s local plan housing target.
3.6 Option 3B: Recommend to Council that the borough’s
full objectively assessed housing need of 18,560 dwellings be not confirmed as
the council’s local plan housing target.
3.7 Option 4A: That Coxheath be reclassified as a rural
service centre in accordance with the local plan settlement hierarchy.
3.8 Option 4B: That Coxheath remains classified as a
larger village.
3.9 Option 5A: That the officer responses to the balance
of representations on the draft Maidstone Borough Local Plan 2014 are agreed
(Appendix B).
3.10 Option 5B: That the officer responses to the balance
of representations on the draft Maidstone Borough Local Plan 2014 are not agreed
(Appendix B).
4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
4.1
Option 1A is
recommended. The local plan has been underpinned by a robust evidence base and
approved in stages by the Strategic Planning, Sustainability and Transportation
Committee (and formerly by the Overview & Scrutiny Committee and
Cabinet). The Committee has cross-party membership, and the views of
visiting Councillors have been taken into account at meetings. The
Maidstone Borough Local Plan is considered to be legally compliant and sound
and ready to be examined. Regulation 19 Publication will commence in February in
accordance with the council’s adopted Local Development Scheme. It is proposed
the Committee recommends that Council approves the Maidstone Borough Local Plan
2016 for Publication (Regulation 19) and Submission (Regulation 22).
4.2
Option 2A is
recommended. Granting delegated powers to the Strategic Planning, Sustainability
and Transportation Committee to submit the Maidstone Borough Local Plan to the
Secretary of State with a schedule of proposed changes that may arise from
representations (Regulation 20) will ensure the local plan programme is
maintained and the submission target is met in accordance with the council’s
adopted Local Development Scheme. It is the role of the Committee to oversee the
local plan and to give consideration to its detail. It is proposed the Committee
recommends that Council grants delegated powers to the Strategic Planning,
Sustainability and Transportation Committee to submit the Maidstone Borough
Local Plan 2016 (Regulation 22) with a schedule of proposed changes/main
modifications that arising from Publication (Regulation 19) and the
Representations (Regulation 20).
4.3
Option 3A is
recommended. The allocation of sustainable development sites and broad
locations in the local plan, together with mitigation and supporting
infrastructure, assist in delivering the borough’s full objectively assessed
housing need of 18,560 dwellings. It is proposed the Committee recommends that
Council confirms the local plan housing target as 18,560 dwellings.
4.4
Option 4A is
recommended. Given the size of the village and its range of everyday services
and good transport links, together with the proximity of the village to
Maidstone town, the Committee is recommended to re-classify Coxheath as a rural
service centre.
4.5
Option 5A is
recommended. To complete the process of giving consideration to the representations
(Regulation 20) made in response the Publication (Regulation 19) version of the
local plan, it is recommended that the Committee agrees the officer responses
to the balance of representations on the draft Maidstone Borough Local Plan
2014 (Appendix B).
5. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK
5.1 Responses to the Maidstone Borough Local Plan public consultations (Regulation 18) during 2014 and 2015 and Committee decisions have helped to shape the plan.
6. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
6.1 Following approval of the Maidstone Borough Local Plan for Publication (Regulation 19), the plan will be published on the council’s website, a public notice will be placed with local newspapers and, in addition to the statutory consultees, everyone on the local plan database will be informed of the commencement of the consultation and advised how to respond.
7. CROSS-CUTTING ISSUES AND IMPLICATIONS
Issue |
Implications |
Sign-off |
Impact on Corporate Priorities |
The adoption of the local plan will assist in the delivery of the council’s corporate priorities. |
Head of Planning and Development |
Risk Management |
The adoption of the Maidstone Borough Local Plan will reduce the risk of inappropriate development. |
Head of Planning and Development |
Financial |
The development of the Local Plan has been fully funded as part of the council’s revenue budget. |
[Section 151 Officer & Finance Team] |
Staffing |
The team is fully staffed and additional short-term resources have been employed to assist with preparation for Publication and Submission. |
Head of Planning and Development |
Legal |
Advice has been provided in relation to the soundness tests of local plans and the procedures to be followed by local authorities. |
Team Leader (Planning), Mid Kent Legal Services |
Equality Impact Needs Assessment |
There is no longer a statutory duty to prepare an EqIA for local plans but the EqIA attached at Appendix E has been completed in order to meet the best practice requirements of the council. All individuals and communities have been engaged in the consultation process in accordance with the equalities legislation and the council’s Corporate Equality Policy, and consultation has been undertaken in accordance with the council’s adopted Statement of Community Involvement. |
Policy & Information Manager |
Environmental/ Sustainable Development |
The Local Plan is fundamentally concerned with delivering sustainable development objectives. |
Head of Planning and Development |
Community Safety |
N/A |
Head of Planning and Development |
Human Rights Act |
N/A |
Head of Planning and Development |
Procurement |
Consultants are used to prepare specialist or technical evidence to support the local plan and are appointed in accordance with the council’s procurement procedures. |
Head of Planning and Development & Section 151 Officer |
Asset Management |
N/A |
Head of Planning and Development |
8. REPORT APPENDICES
The following documents are to be published with this report and form part of the report:
· Appendix A: Maidstone Borough Local Plan – Publication (Regulation 19) February 2016
· Appendix B: Balance of issues raised by respondents to the Maidstone Borough Local Plan 2014 consultation and officer responses
· Appendix C: Schedule of amended policy numbers and cross-references to committee dates.
· Appendix D: Sustainability Appraisal and Habitat Regulation Assessment 2015 http://www.maidstone.gov.uk/residents/planning/local-plan/evidence
· Appendix E: Equality Impact Assessment
9. BACKGROUND PAPERS
None.