Contact: Stuart Roberts, ext 6782

1. Summary

1.1 The following decision is sought:

That approval be given to the Protocol set out in paragraph 9.1 of the report.

2. Reason

2.1 To give certainty to the process of responding to consultations on other authorities' development plans.

3. Other Options Considered and Rejected

3.1 To continue with the current arrangements which lack clarity.

4. Conflicts of Interest Declared by the Decision Maker or a Member or Officer consulted - None.

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 County Council's responses to consultation by other authorities on their draft structure plans and local plans are currently made by a mixture of Member and officer level decisions. There is no written code setting out at which stage or for which type of plan the response will be made by the Executive Member for the Environment or by the County Planning Officer. This report proposes a Protocol to govern these decisions.

8. Types of Consultations

8.1 The most numerous consultations are in respect of local plans being prepared by Hampshire district councils. Before a district council places its draft local plan on deposit, it is required to obtain a view from the County Council on whether the draft local plan conforms with the Structure Plan. Once the draft local plan is on deposit, the County Council, like other organisations and the public, can make objections and representations on the plan. These objections/representations can be on planning and transport matters, or to safeguard the County Council's interests as a service provider or landowner.

8.2 These consultations take place when the draft local plan is placed on deposit for the first time and again when it is placed on deposit for a second time (after revisions have been made in response to comments on the first deposit draft local plan).

8.3 The local plans prepared by Portsmouth and Southampton City Councils must similarly conform with the Structure Plan. The long established practice is that these two councils, and not the County Council, assess the draft local plan's conformity with the Structure Plan. Thus the County Council's involvement in those two local plans is limited to making objections and representations. As the two city councils are strategic planning authorities, the County Council's involvement in their local plans is akin to that of a neighbouring planning authority (see following paragraph), rather than the relationship with the Hampshire district councils described in the preceding paragraph.

8.4 The County Council is consulted by adjacent strategic planning authorities (Dorset, Wiltshire, Surrey and East Sussex County Councils, the Berkshire Joint Strategic Planning Unit and the Isle of Wight Council) on their draft structure plans. The County Council is sometimes also consulted on plans being prepared by other nearby but not adjoining county councils and by some district councils in neighbouring counties. As with Portsmouth and Southampton City Councils, the County Council's involvement is in making objections and representations on draft policies and proposals.

8.5 The plans which raise issues of most immediate significance to the County Council's interests are generally the local plans being prepared by Hampshire district councils. The plans of Portsmouth, Southampton and neighbouring councils, because they relate to areas outside the County Council's administrative areas, usually raise less substantial issues. This distinction is the basis for the Protocol below.

9. Protocol

9.1 The proposed Protocol is as follows:

(i) certification of first deposit draft Hampshire district council local plans - report presented to the Executive Member for Environment for decision (ie as happens now);

(ii) objections and representations on first deposit draft Hampshire district council local plans - decision made by the Director of Environment in consultation with the Chief Executive. (This would formalise the current practice whereby the Executive Member for Environment, when he deals with the certification of the local plan, delegates such decisions to the County Planning Officer);

(iii) certification and objections/representations on the second deposit draft Hampshire district council local plan - dealt with by the Director of Environment, unless there are any changes compared to the first deposit draft plan which would affect its conformity with the Structure Plan, in which case a decision would be sought from the Executive Member; and

(iv) response to consultation on Portsmouth, Southampton and neighbouring councils' plans - dealt with by the Director of Environment unless there are substantial issues which he feels require a decision by the Executive Member.

10. Information to Members

10.1 With the change to a cabinet-style of government within Hampshire County Council, arrangements were introduced to keep local Members informed of County Council responses to consultation on draft Hampshire district local plans. A copy of the letter informing the local planning authority whether its draft local plan is in conformity with the Structure Plan is sent to each Member representing a Division within that District. Similarly, a copy of the letter informing the local planning authority of the County Council's objections and representations is sent to those same Members. These letters will also be copied to the Executive Member for Environment in all cases where he is not the decision maker (see paragraph 9.1 above).

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