Archived decisions

Contact: Stuart Roberts, ext 6782 email: [email protected] email: @hants.gov.uk

1. Summary

1.1 This report explains the County Council's responsibilities in the revised planning system for minerals and waste planning and for assisting the Regional Assembly with the preparation of the new Regional Spatial Strategy - the `South East Plan'. It describes the process and timetable for the preparation of both the new Minerals and Waste Development Framework and the South East Plan, including its component sub-regional strategies for South Hampshire and for the Western Corridor and Blackwater Valley.

2. Corporate Strategy

2.1 This report supports the Aims of the Corporate Strategy, in particular Aim 2, Stewardship of the Environment, Aim 3, Achieving economic prosperity and Aim 4 Building strong and safe communities, by helping to ensure that Hampshire's environment and its economic prosperity are safeguarded in the South East Plan and by representing Hampshire's interests at regional level.

3. The New Planning System

3.1 The Planning and Compulsory Purchase Act received Royal Assent in May 2004. It introduced radical changes to the planning system. The previous plan framework of Regional Planning Guidance, Structure Plans and Local Plans is replaced by:

(i) Regional Spatial Strategies (RSS) - prepared by Regional Assemblies; and

(ii) Local Development Frameworks (LDF) which will comprise several Local Development Documents (LDD) - prepared by District Councils.

3.2 Regional Spatial Strategies may include sub-regional policies for selected areas. In addition, the Act states that a Regional Assembly may arrange for one or more local council(s) in its area to discharge any of its other functions, for which it may reimburse them for any costs incurred.

3.3 Both RSS and LDF are spatial plans which will cover a broader range of matters than their predecessor Structure and Local Plans, which were essentially focused on land use planning. The new style plans can include policies and proposals on issues like skills training and traffic management, for example. This is intended to provide a more holistic approach to change and development.

3.4 Mineral and Waste Local Plans are supplanted by Mineral and Waste Development Frameworks comprising Local Development Documents, but still prepared by county (and unitary) councils.

3.5 The Act also introduced a range of changes to development control procedures.

3.6 Although County Councils are not responsible for preparing any plans other than for minerals and waste, the Act places on them a statutory duty to assist their Regional Assembly with the preparation, monitoring and review of the Regional Spatial Strategy. County (and unitary) councils also have a statutory duty to prepare the first proposals for sub-regional policies.

3.7 These new arrangements are operative from September 2004, although in recognition that plans take some time to prepare, the Act provides for transitional arrangements from the old system to the new. Adopted Structure and Local Plans remain in force for three years or until they are replaced by successor plans, whichever is the earliest. Draft Structure and Local Plans which have reached their second deposit stage by the commencement date (expected to be September 2004) can continue forward to adoption under the old procedures. Several draft Local Plans in Hampshire are continuing forward on this basis.

4. The South East Plan

4.1 In anticipation of the passing of the Act, preparation of the Regional Spatial Strategy for South East England has been under way for some time. For convenience, the South East England Regional Assembly has titled it the 'South East Plan'. It will look ahead to 2026. When finalised - expected in 2006 - the South East Plan will replace the Hampshire County Structure Plan and other Structure Plans across the Region.

4.2 Some elements of the South East Plan are already or almost completed. The definitive Regional Transport Strategy was published by the Deputy Prime Minister in July 2004, while regional strategies should be finalised by the end of 2004 for energy efficiency and renewable energy, and for recreation and tourism. Regional strategies for minerals and waste are in preparation and a Public Examination (a form of public inquiry) into each is programmed for October 2004. Approval of these by the Deputy Prime Minister, taking account of the Public Examination Panel's recommended changes, is expected in spring 2005.

4.3 Consultation with organisations on the issues and options for a suite of other topics - economy, housing, natural environment and resources, and social issues - took place during April - June 2004. A series of workshops - called the 'Spring Debates' - were held across the Region to which representatives of local authorities, statutory bodies, development interests and environmental organisations were invited. Organisations could also send written comments to the Regional Assembly.

4.4 Hampshire County Council was well represented at the relevant workshops through a mix of Members and officers. The Cabinet also made a written submission to the Regional Assembly.

4.5 Following consideration of all the comments received, the Assembly endorsed a set of 21 parameters to guide preparation of the South East Plan. These parameters are attached as Appendix 1. The intention is that a draft Plan will be ready for consideration by the Assembly in November 2004.

4.6 In pursuit of its statutory duty to assist the Regional Assembly with the preparation of the draft Plan - see paragraph 3.6 above - County Council officers, in consultation with City and District Council officers, are preparing advice to the Assembly on what the Plan should say about Hampshire. This draft advice will be outlined at the Members' Seminar to be held in the afternoon of this Committee meeting. Comments made at the Seminar will be reported to the Cabinet meeting on 27 September 2004, which will finalise the advice for forwarding to the Assembly. The aim is to influence the Assembly's officers as they prepare the draft policies for the full Assembly to consider in November.

4.7 If approved by the Assembly in November, the draft Plan will then be published for public consultation during January - March 2005. After revision to take account of comments received, it will be submitted to the Government in summer 2005.

4.8 The Government will then invite individuals and organisations to make formal objections and representations on the document, which will provide the basis for the selection of a limited number of issues and participants for a type of public inquiry called a 'Public Examination'. This will be chaired by an independent Panel which will present its report to the Deputy Prime Minister, after which he will finalise the Plan.

5. Sub-Regional Strategies

5.1 The South East England Regional Assembly has identified nine sub-regions in the South East for which sub-regional policies/strategies will be prepared. These will focus on only a few of the issues being addressed by the South East Plan - essentially the amount, type and distribution of land for employment and housing development. The sub-regional policies/strategies will be included in the draft South East Plan on which public consultation is planned in January - March 2005.

5.2 In line with the legislation (see paragraph 3.6 above) the county and unitary councils in each sub-region are being commissioned by the Regional Assembly to prepare the sub-regional strategy. The Assembly has agreed a brief for the preparation of each sub-regional strategy with the relevant county and unitary councils. The briefs can be seen on the Assembly's South East Plan website at:

www.southeast-ra.gov.uk/southeastplan/key/study_areas.html

5.3 Two of the sub-regional strategies will cover parts of Hampshire:

(i) the South Hampshire Sub-regional Strategy - which stretches from the waterside area of New Forest District to Havant in the east, and as far north as Romsey, Colden Common and the proposed boundary of the South Downs National Park; and

(ii) the Western Corridor and Blackwater Valley Sub-regional Strategy which, in Hampshire, includes Basingstoke town, the northern part of Hart District and the whole of Rushmoor Borough.

5.4 A map showing the approximate boundaries of these strategies is attached as Appendix 2.

5.5 The County Council is leading the work on the South Hampshire Strategy and is actively contributing to the preparation of the Western Corridor and Blackwater Valley Strategy. In both cases, the work is being steered by a Member Steering Group: the Leader represents the County Council on the South Hampshire Sub-Regional Strategy Steering Group while Councillor Jonathan Glen represents the Council on that for the Western Corridor and Blackwater Valley. Representatives of the economic, social and environmental partners are involved in strategy preparation, although wider consultation will not take place until public consultation on the entire South East Plan in early 2005.

5.6 Each Steering Group is required to submit its report to the Regional Assembly by 29 October 2004. Both reports will be considered by the Cabinet on 25 October 2004. Each report will set out the preferred strategy, together with other strategies which were developed and tested. Options for significantly higher rates of housebuilding than current Regional Planning Guidance requirements will be tested.

5.7 A briefing on progress with both strategies will form part of the Members' Seminar to be held in the afternoon after this Committee meeting.

6. Minerals and Waste

6.1 The County Council is proposing to prepare and adopt a joint Minerals and Waste Development Framework with Southampton and Portsmouth City Councils which will be titled the Hampshire Material Resources Strategy. Details on the programme (known as a Mineral and Waste Development Scheme) for producing the Local Development Documents will be set out in a future report to this Committee.

7. Development Control

7.1 Although the fundamental changes to the planning system introduced by the Act relate largely to the development plan system and compulsory purchase procedures, there are also changes to development control procedures and enforcement. District councils are likely to be affected most by these changes but some will also have consequences for the County Council as a minerals and waste planning authority.

7.2 There are five changes of particular significance to the County Council. First, the power to decline to determine an application. The Act enables the County Council planning authority to decline to determine an application in the event of a re-submission of a similar application. It may also decline to determine a similar application submitted before the original application is determined. This provision is designed to eliminate the tactic of `twin-tracking' applications.

7.3 Second, the duration within which a planning permission has to be implemented has been changed from five to three years.

7.4 Third, the Secretary of State may prescribe maximum and minimum amounts in relation to planning contributions. The County Council may be required to include a statement in the Minerals and Waste Local Development Document of which developments and uses may be subject to planning contributions, how the contributions will be used and the criteria by which contributions are assessed. The County Council may also be required to publish an annual report containing such information in relation to planning contributions as may be prescribed.

7.5 Fourth, the Act enables a temporary stop notice to be served if the County Council believes that there has been a breach of planning control and it considers that it is expedient that the activity (or any part of the activity) is stopped immediately. The notice ceases to have effect after 28 days or any shorter period specified within the notice, or if it is withdrawn by the planning authority. To breach a temporary stop notice is an offence. However, if the notice is withdrawn before it expires, the County Council would be liable to pay compensation.

7.6 Fifth, the Act enables the Secretary of State to prescribe regulations which would allow the County Council to charge a fee for both the determination of a planning application and other functions such as monitoring, although the amount of revenue generated by fees cannot exceed the total costs of carrying out the function. These regulations have not yet been published.

7.7 The Regulatory Committee will consider the implications of these changes as it revises its Development Control Service Policy.

8. Conclusion

8.1 The statutory role for County Councils in the preparation of regional and sub-regional strategies introduced at a late stage in the passage of the legislation is to be welcomed. This facilitates the closer engagement of elected Members in the process, enables closer links with County Council transport, education and other service planning, and allows the skills and expertise of county planning teams to be utilised in the work. The tight timetable set by the Regional Assembly for the preparation of the South East Plan requires a rapid pace of work and represents a considerable challenge to County Council Members and officers alike, if Hampshire's interests are to be fully safeguarded.

Recommendations

1. That the statutory role for county councils in regional and sub-regional planning, set out in the Planning and Compulsory Purchase Act 2004, be welcomed.

2. That full support be given to the County Council's representatives on the Assembly, its Regional Planning Committee and the Sub-regional Strategy Steering Groups in championing and safeguarding Hampshire's interests.

8891/SR

APPENDIX 1

Parameters for plan preparation

The Assembly on 21 June approved 21 parameters to guide preparation of the South East Plan:-

(i) The need for a clear vision supported by challenging targets and which reflects quality of life considerations aligned with and tested against the objectives set in the Integrated Regional Framework.

(ii) The need to plan positively for a reasonable level of economic growth, with consequent labour supply, physical and social infrastructure implications.

(iii) The need for further measures to reduce economic and social disparities in the region.

(iv) The need to plan positively for a reasonable level of housing development.

(v) The need for a substantial increase in the supply of appropriate affordable housing, and for a package of measures to deliver that goal.

(vi) The need for timely infrastructure provision that keeps pace with development and greater reassurance on that issue through a dialogue with Government on how to plan for that development.

(vii) The need to develop clear investment priorities and improve key transport links.

(viii) The need to improve access via transport and other means, especially for disadvantaged groups.

(ix) The need to promote new initiatives to tackle skills deficits.

(x) The need for radical thinking about health provision and access.

(xi) The need to place increased emphasis on natural resource management and efficiency.

(xii) The need to incorporate measures for climate change mitigation and adaption in the Plan.

(xiii) The need to protect and improve the best of the region's natural environment both for its own sake and to underpin the social and economic development of the region.

(xiv) The need to promote a sustainable balance between economic prosperity, environmental quality, social well-being and a high quality of life in the South East.

(xv) At a sub-regional level, the need for a high priority to regenerate the coastal towns.

(xvi) The need to decide whether any strategic development areas should be proposed.

(xvii) The need to develop a strategy that creatively balances support for the regeneration and growth areas in the east with a positive response to the economic and housing pressures in the west of the region.

(xviii) The need to develop the Plan in a manner which recognises uncertainty and incorporates appropriate phasing and flexibility.

(xix) The need to prepare and advocate much improved delivery and management arrangements to secure implementation of the Plan.

(xx) The need to set the Plan in a clear inter-regional and European context.

(xxi) The need to ensure high quality development.

APPENDIX 2