Contact: John Feetam, ext 5011/Peter Syddall, ext 6050

1. Summary

1.1 The following decisions are sought:

(i) That Havant Borough Council be advised that a statement will be supplied under Section 46 of the Town and Country Planning Act 1990 stating that the Havant Borough District-Wide Local Plan 1996-2011: Revised Deposit is in general conformity with the Hampshire County Structure Plan 1996-2011 (Review).

(ii) That the County Planning Officer and County Surveyor, in consultation with the Executive Member as necessary, be authorised to make appropriate officer representations and/or objections on the Local Plan once it has been formally placed on deposit on 18 February 2002.

(iii) That the Transport Chapter be approved.

2. Reason

2.1 The Local Plan makes provision for future development and conservation in accordance with the Hampshire County Structure Plan 1996-2011 (Review).

3. Other Options Considered and Rejected

3.1 To not issue a Statement of Conformity.

4. Conflicts of Interest Declared by the Decision Maker or a Member or Officer consulted - Not applicable.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: Date:

Councillor K B Estlin

7. Introduction

7.1 The Havant Borough District-Wide Local Plan has now reached the Revised Deposit stage. The Revised Deposit Local Plan will be placed on deposit for a six-week period of public consultation from 18 February 2002. Before the Local Plan can be formally placed on deposit, a Statement of Conformity is sought from the County Council.

7.2 In November 2000, under Section 46 of the Town and Country Planning Act 1990, the County Council, through its former Planning and Transportation Committee, resolved to issue a Statement of Non-Conformity on the First Deposit of the Havant Borough District-Wide Local Plan. The resolution is set out in the attached appendix.

7.3 This report comments upon alterations made through the production of the Revised Deposit Plan to overcome those issues of non-conformity raised by the First Deposit version of the Local Plan. The report also comments on additional alterations made since the First Deposit version and whether these raise conformity issues. Any detailed comments and/or objections on new or significantly amended policies will be made to Havant Borough Council once the Local Plan is formally placed on deposit. Objections at this stage should be to alterations, which have been made to the Local Plan since the First Deposit version.

8. Previous Issues of Non-Conformity

8.1 The First Deposit Havant Borough District-Wide Local Plan was not in conformity with the Hampshire County Structure Plan 1996-2011 (Review) due to:

(i) the presentation of the landscape policies being inconsistent with the approach adopted in Policy E6 of the Hampshire County Structure Plan 1996-2011 (Review); and

(ii) the employment allocations presented, the County Council remained to be convinced of the need for the scale of new employment releases proposed during the plan period.

9. Main Changes Regarding Previous Issues of Non-Conformity

Landscape

9.1 The five identified Areas of Special Landscape Quality (ASLQs) proposed in the First Deposit Plan have been deleted. In their place the Revised Deposit Plan amends the landscape policies to ensure that development proposals respect and enhance the character of the borough's different landscape character areas. The landscape policies now identify the 11 landscape character areas differentiated by the Havant Borough Landscape Assessment (1996).

Employment

9.2 The Revised Deposit Local Plan allocates about 44 hectares of land for employment purposes in the plan period. This figure, a reduction of approximately 21 hectares from that allocated in the First Deposit Plan, is the consequence of a number of deletions. Some sites, such as Farlington Redoubt, Portsdown Hill and the former incinerator site and Havant Borough Council depot, Harts Farm Way, have been removed from the list of new allocations because they are existing employment sites and their continued use for employment is protected by Policy EMP6. Policy EMP6 protects land and premises currently or last used for employment purposes. Some other sites, such as land between A27(T) and railway, Emsworth, are deleted because access is not feasible or the site is not likely to be available.

9.3 The Revised Deposit Local Plan provides a greater level of clarification than the First Deposit version regarding the justification for the new level of employment land release (Policy EMP1) proposed through the Plan. This clarification is based upon the identified demand along with the lack of supply of appropriate sites for both inward investment and relocation and expansion opportunities within the borough, the wider Portsmouth Region Labour Market and South East Hampshire as a whole. This justification is based upon Labour Market Forecasts produced by the County Council in 1997 and four background studies undertaken during 1999/00.

9.4 The Revised Deposit Local Plan in response to the County Council's concerns provides greater detail to support the economic case for the level of employment allocations located within Strategic Gaps. The Plan stresses that whilst such sites as Dunsbury Hill Farm (EMP1.10) and Broadmarsh (EMP1.14) will still need to be considered as being located within the Havant Strategic Gap and therefore subject to much stricter controls (ie design, nature and landscaping considerations), in all cases the proposed development of the sites are not considered to significantly diminish the role of the Havant Gap. The supporting text also highlights that through Policies EMP5 and EMP6 provision is in place to lessen any future pressure for the release of greenfield sites as they seek to maximise the use of employment land and retain it, wherever possible, in employment use. This justification for development in the Strategic Gaps is also provided in support of the employment land allocation on land at Simond's Hill/Neville's Park, west of Hulbert Road, Havant (Policies EMP1.8 and EMP3.3).

9.5 One additional significant alteration to the First Deposit Plan is the reallocation of the proposed Enterprise Centre from Woolston Road (Policy EMP1.9) to within the Dunsbury Hill Farm allocation (Policy EMP1.10).

9.6 The final section of the Revised Deposit Plan presents a note indicating that Havant Borough Council has (since the production of the First Deposit Plan) been approached by a consortium of developers about a potential mixed-use development on Council owned land at Broadmarsh. Through the inclusion of this note the Revised Deposit Plan acknowledges the fact that the proposals exist in the public arena. The Revised Plan does state however that the proposals will need to be the subject of much further detailed work and full public consultation in order to progress them further.

10. Other Main Changes

Urban Areas

10.1 Policy UA6 has been reworded to provide greater detail and advice on potential development to improve, modernise and diversify the built-up coast whilst respecting the important environmental, recreational and tourism issues, in particular the issues of potential storm damage, flooding and erosion. Also highlighted is the requirement to retain the infrastructure used for water-based recreation and the existing boatyards and marinas, as well as public access to the waterfront and the Harbours.

Urban Form

10.2 The Revised Deposit Local Plan presents a reviewed list of local gaps, which is significantly reduced in number from eight to three. The revised gaps are Purbrook/Waterlooville, Widley/Purbrook and a new gap to the east of Emsworth (Emsworth/Chichester).

Countryside and Coast

10.3 Taking account of the Major Development Area (MDA) West of Waterlooville, an additional paragraph of supporting text has been added to Policy C1, indicating that Countryside Policies will apply to land south of Hambledon Road and west of Brambles Farm Industrial Estate at Old Park Farm until the location of the development becomes certain through the masterplan for the MDA.

10.4 Policy C3 has been amended to include the identification of a coastal zone and this zone is delineated on the proposals maps.

Housing

10.5 There were 1,325 dwellings built in the borough between 1996 and 2001. Therefore, to meet the Structure Plan requirement for 2,990 dwellings during the period 1996-2011, Havant's base-line requirement for 2001-2011 is 1,665 dwellings. The Revised Deposit Plan indicates that the development of these dwellings will necessitate building on both previously developed land and greenfield land.

10.6 In line with the `plan, monitor, manage' approach, the dwellings provision during the period 2001-2011 is based on the Havant Borough Urban Capacity Study completed in October 2001. The study's estimated development of 1,210 dwellings on previously developed land leaves a requirement for 455 dwellings to be built on greenfield sites compared to the 550 dwelling figure presented in the First Deposit Plan.

10.7 The Revised Plan allocates 200 of these dwellings to greenfield sites within urban areas, primarily surplus casual playing space and surplus land for development, including playing fields released by the Education Authority. Leigh Park is identified for 100 or more dwellings, the release of which will be in accordance with the Leigh Park Environmental Improvement Plan with 100 dwellings located elsewhere in the borough.

10.8 As proposed by the First Deposit Plan, the Revised Deposit allocates the remaining greenfield allocation of 255 dwellings to the proposed extension of the existing urban area at Woodcroft Farm, Wecock.

10.9 The Revised Deposit Plan allocates sites for a reserve housing provision of 500 dwellings (Policy H5) as required by Structure Plan Policy H4. These are greenfield sites.

10.10 The Revised Deposit Local Plan presents a strengthened affordable housing policy (H9) through the inclusion in the policy text of the percentage of affordable dwellings to be negotiated on appropriate sites. Stronger emphasis is also placed on housing need, including affordable housing, in the sections on Sustainable Development and the Aims of the Plan.

Major Development Area West of Waterlooville

10.11 The Revised Deposit Local Plan has inserted two new interim MDA policies (MDA1 and MDA2) in a new chapter of the Plan relating to the MDA West of Waterlooville. As outlined by the supporting text the policies have been inserted to ensure integration between the Masterplan for the MDA and the Havant Borough District-Wide Local Plan, and to complement the policy framework for the MDA set out in the Winchester District Local Plan Review.

10.12 Regarding land at Plant Farm, Policy MDA1 states that development will be permitted where it is in accordance with the Revised Plan's Strategic Gap Policy UF2 and the Protection of the Countryside and Open Coast Policy C1. Policy MDA2 relating to land at Old Park Farm again states that development will be permitted where it is in accordance with Policy C1, but also emphasises in the policy text that this will be pending the approval of detailed proposals for the land in the masterplan for the MDA.

10.13 In addition, Policy MDA1 outlines that the development of a cemetery will be permitted on the land, provided this is on a site which has been determined in the approved masterplan for the MDA.

Town, District and Local Centres

10.14 Policy HTC1 of the Revised Deposit Local Plan widens the land use options for the Potash Terrace site in Havant town centre to include high density housing, business use/class B1(a), leisure including hotel, and retail.

10.15 The allocation of land on Eastern Road to the north of the railway line (Policy HTC2) has been amended to solely office development from its previous allocation for mixed use in the First Deposit Local Plan.

Tourism

10.16 The Revised Deposit Local Plan proposes an extension of Policy TO1 for the protection and improvement of tourist facilities to include the three main holiday centres on Hayling Island.

10.17 The Revised Plan includes a new policy (T08 `Tourist Accommodation') promoting the provision of new tourist accommodation, including hotel development. In the case of hotel or hotel with conference facilities, a sequential approach is taken. The Revised Plan outlines that town centre sites are to be considered first followed by sites along the A3(M) and A27(T) corridors, subject to environment and transport criteria.

Transport

10.18 Many of the policies of the Local Plan have been rephrased in response to comments by the Government Office for the South East (GOSE) so that they better relate to the control of development. This is in line with Planning Policy Guidance. The content of the policies, however, remains largely unchanged. Policies relating to general traffic management and environmental matters have been changed to supporting text.

10.19 The opportunity has been taken in revising the Local Plan to make greater reference to the South East Hampshire Transport Strategy (SEHTS), other County Council policies and Planning Policy Guidance.

10.20 Policies relating to the West of Waterlooville MDA have been inserted into the Revised Deposit Local Plan, but these do not refer to transport matters.

10.21 A policy providing for the development of rail freight facilities has been added to the Plan.

Flooding and Erosion

10.22 Policy F3, a new policy on fluvial flooding referring to PPG25 and the Environment Agency requirements, is included within the Revised Deposit Local Plan, together with the identification of indicative flood plains on the Proposals Map. The policy outlines the flood risk related criteria that must be met by all proposed development, which accords with other relevant policies in the Plan.

Implementation

10.23 Policy IMP1 has been amended to include text supporting the need to seek contributions to enhance school provision where this is required as a direct result of residential development proposals.

11. County Planning Officer's Comments - Previous Non-Conformity Issues

Landscape

11.1 Now based upon landscape character as opposed to the local ASLQs landscape designation, the landscape policies proposed in the Revised Deposit Plan are in general conformity with the approach adopted in Policy E6 of the Hampshire County Structure Plan 1996-2011 (Review).

Employment

11.2 Both the Revised Deposit Local Plan and the First Deposit version propose three allocations of key strategic importance to the employment strategy; Dunsbury Hill Farm (EMP1.10), Broadmarsh (EMP1.14) and Land at Southmoor Lane (EMP3.2 and EMP3.3). The first two sites alone promote some 32 hectares of land within the Havant/Waterlooville Strategic Gap and Broadmarsh Coast. At the time of the First Deposit Plan the County Council remained to be convinced of the economic case for such allocations and their subsequent advantages in relation to off-setting the physical and visual impact on the Strategic Gap.

11.3 The economic case presented within the Revised Deposit Plan providing general justification for the proposed employment land allocations is a vast improvement upon that within the First Deposit version of the Local Plan. Through the amplified use of the background studies results, together with noting the relationship between the employment land allocations (particularly Dunsbury Hill Farm) and the sub-regional area, a far more robust and satisfactory justification is provided.

11.4 Regarding the economic case, the Revised Deposit Plan indicates that the Borough performs poorly in relation to neighbouring authorities when considering the amount of land available for development in relation to the economically active population. The plan acknowledges and highlights the need for the Borough to assist with preventing job shortfalls in south-east Hampshire by creating a more sustainable pattern of development, ensuring a better balance between the number of jobs available locally and the size of the resident workforce.

11.5 In presenting this imbalance within the borough, the Plan provides evidence from a number of background studies. For example, the Business Property Needs Survey (August 2000) identified a potential demand for new land and floorspace from 55% of respondents amounting to at least 47,000 square metres, with the majority stating that this would be required by 2005. Out of the businesses looking to expand/relocate, 82% indicated that retaining their existing workforce was very important to them; the majority were looking to stay in the borough but felt there was a poor choice of suitable sites available. On this issue, of note is the specific inclusion within Policy EMP1.10 (Dunsbury Hill Farm) for at least five hectares of land reserved for the expansion or relocation of existing local businesses.

11.6 Building upon the identified need for additional employment land, the Revised Plan states that, due to the lack of space available for employment development within the built-up area, it has been necessary to propose development on land in the Strategic Gap. Increased detail is provided regarding the justification for allocating such sites, notably the 22 hectares of land at Dunsbury Hill Farm. The Plan argues that such a large site with close proximity to the motorway junction would provide the opportunity to create a comprehensively planned, modern business park, which could develop an identity and range of facilities. It is argued, therefore, that this would attract both inward investors and expanding local businesses in a way a scattered number of smaller sites would not be able to do so.

11.7 The Plan also highlights the potential of the Dunsbury Hill Farm site for communication links, the ability to access two large pools of labour and its close proximity to Leigh Park, which suffers from high levels of deprivation and unemployment. With the designation of such a large site, the Revised Plan also argues that this will make it easier to apply overall measures of transport control (including a sustainable transport link between the two areas), as well as managing the whole setting and mitigating against the impact of development. In addition, in line with advice within PPG6, the policy text for the Dunsbury Hill Farm allocation has been amended to include a sequential approach to potential B1(a) use. The text now indicates that such development will only be permitted if a sequential study establishes that there are no suitable sites for B1(a) use in the town centres.

11.8 Regarding the MDA West of Waterlooville, the Revised Plan also acknowledges the need to ensure a controlled and complementary flow of employment land onto the market. The Plan therefore indicates that phasing of the Local Plan allocations should have regard to the proposed development of employment land in the MDA.

11.9 In relation to the employment allocation at Broadmarsh (EMP1.14), the proposals received for a possible joint venture mixed development at Broadmarsh are very bold, and run counter to some very important planning policies, notably Structure Plan Policies G2, C5 and C6. However the inclusion of such a note is welcome as, in light of the many policy considerations, a development of such significance should be considered through the Local Plan process to ensure a full discussion and debate about the proposals and its borough-wide impact. However, at this stage there is little, if any, information to justify making several major departures to policy.

12. County Planning Officer's Comments - Other Policies

Local Gaps

12.1 The County Council expressed strong concerns that the presentation of Local Gap Policy UF2 within the First Deposit Plan was inconsistent with the approach and framework provided in Policy G3 of the adopted Hampshire County Structure Plan 1996-2011 (Review). The County Council's concern related to the need to only designate gaps that preserved the separate identity of smaller settlements at risk of coalescence with other settlements, not to have the purpose of maintaining wedges of open land between neighbourhoods of the same settlement.

12.2 The deletion of a number of Local Gap designations to achieve conformity with the Hampshire County Structure Plan (Review) Policy G3 is welcomed. The deletion of the Denmead/Waterlooville Gap (within Havant Borough) is also welcomed, as this is consistent with plans for the West of Waterlooville MDA. (This local gap remains in the Winchester District Local Plan Review.) Any local gap or open space in the Purbrook/Widley (Portsdown Hill) area should be planned as part of the MDA.

Countryside and Coast

12.3 The revisions proposed by the Revised Deposit Plan to Policy C3 allay the previous concerns of the County Council regarding this policy. Policy C3 now includes a delineated coastal zone which meets the requirement of PPG20 and Structure Plan Policies C4 and C5 in clarifying the areas to which the coastal policies apply.

Housing

12.4 With the results of the Havant Borough Urban Capacity Study incorporated, the proposals of the Revised Deposit Plan meet both the `base-line' and `reserve site' housing requirements and are in general conformity with the Hampshire County Structure Plan 1996-2011 (Review).

Major Development Area West of Waterlooville

12.5 The explanatory text which forms the introduction to this section states that the policy framework for the MDA in the Winchester District Local Plan Review needs to be complemented by the proposals in the Havant Borough District-Wide Local Plan for that part of the MDA lying within Havant Borough. This text conforms with the Structure Plan policies and is welcomed. However, as they stand the MDA policies for land at Plant Farm and Old Park Farm do not permit the development of an MDA. These policies will need to be amended to allow development, which is part of the MDA, provided that certain criteria are met. These criteria could include one which states that the proposed development is in accordance with a comprehensive masterplan, to be produced, which covers the whole site and has been approved by the local planning authority.

12.6 The MDA policies, as indicated below in the County Surveyor's comments, should also refer to transport infrastructure provision and access to the adjacent transport network.

12.7 This part of the Plan is still in broad conformity with the Structure Plan, as the explanatory text makes it clear that proposals for the land at Plant Farm and Old Park Farm should be planned in conjunction with the MDA. It is, however, considered that a number of objections should be made to the MDA policies.

Town, District and Local Centres

12.8 The Revised Deposit Local Plan has not altered the Policy TC1 designation of Leigh Park as a `District Centre' from the First Deposit Local Plan, despite its classification as a `Town Centre' in the County Structure Plan. Although not raising an issue of general conformity, this lack of consistency may cause confusion in applying planning policy to the centre(s).

Other Policies

12.9 The policies on Urban Areas, Nature Conservation, Pollution Control, Renewable Energy and Energy Conservation, Design, Historic Heritage, Recreation, Community Services, Tourism, Utility Services, Flooding and Erosion and Implementation are all in general conformity with the Hampshire County Structure Plan 1996-2011 (Review).

13. County Surveyor's Comments

13.1 The content of the Transport Chapter of the Local Plan remains generally unchanged. The alterations introduced in response to comments by the Government Office for the South East in order to relate policies more directly to development are considered acceptable.

13.2 Alterations to the policy and supporting text concerning the requirements for employment development at Broadmarsh, to continue towards appropriate infrastructure, provide limited guidance on the level of contributions that may be sought from the individual developments in relation to the scale of development and the timing of infrastructure provision (significant funding for transport infrastructure is also to be provided through allocations proposed in the Local Transport Plan). There is a need for a phased programme relating development to the implementation of infrastructure. It is considered that exception clauses in the policy which allow relaxations in the requirement for financial contributions, where development would not `increase pressure' on the network or would be `rendered not commercially viable' by such a requirement, may lead to avoidance of appropriate contributions. In addition, the policy should identify the need to place an emphasis on improving accessibility for public transport, walking and cycling. It is considered that the Local Plan could provide clearer guidance in these respects and representations should be made on these issues when the Plan is placed on deposit.

13.3 The policies concerning the West of Waterlooville MDA do not make reference to transport matters relating to the MDA. It is recognised that detailed proposals relating to the MDA have yet to emerge through the preparation of a masterplan, and hence cannot be included in the Revised Deposit Local Plan at this stage. However, it is considered appropriate for a policy to be included in the Local Plan, setting out the principles relating to the provision of adequate transport infrastructure and access for the MDA. This would be consistent with the policy included in the Winchester District Local Plan Review. It is considered that an objection seeking such a change should be made when the Plan is placed formally on deposit in February 2002.

14. Remaining/New Non-Conformity Issues

14.1 There are no new conformity issues resulting from amendments made in the Revised Deposit Local Plan.

14.2 Regarding the previous areas of non-conformity, the Landscape issue has been resolved through the amendments made in the Revised Deposit Local Plan. In addition, although a number of important concerns remain, several positive amendments have been made to the Employment Chapter of the Revised Deposit Plan. The vast improvement in the general justification regarding the level of employment land allocated, along with the location of employment allocations within the Strategic Gap, would deem the employment policies of the Revised Deposit Local Plan to be in `general' conformity with the Hampshire County Structure Plan 1996-2011 (Review).

15. Conclusions

15.1 Once the Revised Deposit Local Plan is placed on deposit from 18 February 2002, the County Council will make a formal response in respect of new policies and those policies which have been altered and amended since the First Deposit version of the Local Plan was published. The Statement of Conformity is required to enable the Borough Council to place the Revised Deposit Local Plan on deposit for public consultation.

15.2 The Revised Deposit Havant Borough District-Wide Local Plan 1996-2011 is in general conformity to the policies of the Hampshire County Structure Plan 1996-2011 (Review). Subsequently a Statement of Conformity should be issued.

6981/JF/PCS

APPENDIX

RESOLUTION OF FORMER PLANNING AND TRANSPORTATION COMMITTEE

20 NOVEMBER 2000

465. HAVANT BOROUGH LOCAL PLAN - FIRST DEPOSIT PLAN

The Committee considered the report of the County Planning Officer and the County Surveyor (Item 6 in the Minute Book) on the request from Havant Borough Council that the County Council provides a statement of conformity in respect of the Local Plan and approves the transport policies for publication. Members noted the correction of minor inaccuracies on map 2 attached to the report.

During the course of the ensuing discussion, Members noted that the issue of additional employment development in Havant was already being actively pursued by the Borough Council and that recommendation 2(i) of the report should be amended to reflect this.

RESOLVED:

(i) That Havant Borough Council be advised that:

1. at such time as a copy of the published First Deposit Local Plan is served on the County Council under Section 46 of the Town and Country Planning Act 1990, a statement be supplied to Havant Borough Council stating that the Havant Borough Local Plan is not in general conformity with the Hampshire County Structure Plan (Review) 1996-2011 in the following respects:

(a) the presentation of the landscape policies is inconsistent with the approach adopted in Policy E6 of the Hampshire County Structure Plan (Review);

(b) employment allocations: the County Council remains to be convinced of the need for the scale of new employment releases proposed in the plan period;

2. the County Council agrees the general transport content of the First Deposit Local Plan for consultation purposes; and

3. in view of specific proposals relating to the major development area west of Waterlooville having yet to be developed, it is likely that there will need to be new proposals introduced at the Second Deposit Plan stage in relation to transport requirements in order to accommodate satisfactorily the proposed major development area.

(ii) That the County Planning Officer be authorised to:

1. discuss the question of additional employment land with Borough Council officers in an attempt to resolve the employment situation in Havant within the timescale of up to 2011; and

2. make appropriate officer representations or objections on the First Deposit Plan when it is formally published.