Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. The purpose of this report is to recommend a consultation programme on a document which outlines the key facts and issues surrounding the need for future changes to the Hampshire Minerals and Waste Development Framework (HMWDF) Core Strategy.

1.2. The changes are necessary as the South East England Partnership Board (the successor regional planning body which has replaced the South East England Regional Assembly) is proposing an amendment to the regional apportionment for sand and gravel, which has consequential changes to specific policies in the Core Strategy. Furthermore, new policies for mineral wharves and rail depots and safeguarding of sites are required, as the judgment on the Associated British Ports Limited (ABP) challenge quashed the original policies.

1.3. The report covers:

· The background to the changes

· The key facts and issues informing the potential areas of the Core Strategy to be changed

· The programme for consultation and beyond

· Other issues related to the Core Strategy.

2. Contextual information

Background to the Core Strategy

2.1. Legislation requires the County Council to produce a Minerals and Waste Development Framework comprising a Core Strategy, which sets out the Council's policies for minerals and waste and the locations where minerals extraction and processing, landfill and key waste operations should take place; and proposals for sites in subsequent Site Allocation Documents.

2.2. Preparing a Framework is a complex task; the plans have to be technically and legally robust, following the procedures laid down in legislation and supporting guidance. Departing from these guidelines and procedures risks the plans being found "unsound" or the subject of legal challenges such as the one lodged by ABP in 2007. Not having a Framework presents the serious risk of undesirable sites coming forward through planning applications or appeals. This results in loss of County Council control and influence over minerals and waste infrastructure provision. Moreover, European legislation demands that Member states make planned provision for managing their waste; this responsibility is delegated by the UK Government to the local Waste Planning and Disposal Authorities. Failure to produce such a plan risks the UK facing infraction proceedings by the European Union. These risks are more fully explained in section 5.

2.3. As a major component of the Framework, the Core Strategy needs to be complete and robust, thereby providing a sound basis for policy implementation. In 2007 the County Council adopted a Core Strategy following public consultation and recommendations from a Planning Inspector. A number of policies now require attention; the specific areas are outlined in section 3.

3. Hampshire Minerals and Waste Development Framework Core Strategy Proposed areas for Change

Revised Policy on Aggregates Apportionment

3.1. The amount of sand and gravel extracted in the County has to accord with an apportionment set both by the `National and regional guidelines for aggregates provision in England 2005-20' and the `South East Plan'. The Plan applies the guideline figure for the region and provides an apportionment for each minerals planning authority area. Hampshire's adopted Core Strategy is predicated on an apportionment for Hampshire of 2.63 million tonnes per annum (mtpa) for sand and gravel for a ten year period (to 2020). The draft Minerals Plan approved by the County Council last July allowed for delivery of 1.82 mtpa.

3.2. The South East England Partnership Board has proposed changes to Policy M3 of the South East Plan (aggregates apportionment). These changes include an apportionment for Hampshire of 1.62 mtpa for a 16 year period (to 2026), of which approximately 20% will be for `soft' sand.

3.3. The County Council is supporting the case for an apportionment of 1.62 mtpa at the forthcoming Examination in Public (EiP) into modifications to proposed Regional Policy M3, in October 2009. The ten sites included in the draft Minerals Plan, approved by the County Council in July 2008 for submission to Government, are sufficient to provide for this proposed apportionment over the period to 2026.

3.4. Therefore the current Core Strategy Policy S8 has to be amended to:

(a) reflect the proposed Hampshire apportionment for land-won sand and gravel (1.62 million tonnes per year) as set out in the proposed amendments to the South East Plan;

(b) extend provision from 2020 to 2026 to conform with the South East Plan period;

(c) identify the need for 20% of the apportionment figure to include soft sand, to comply with the South East Plan; and

(d) include provision for the apportionment to be tested for deliverability and acceptability through the sustainability appraisal process.

3.5. Since the draft Minerals Plan was approved by County Council last July, one of the ten sites, Plumley Wood, has been subject to a successful planning application. Pre-application discussions are ongoing in respect of another site, at Kingsley. The result of a local public inquiry in respect of a site not included in the plan, at Downton, New Milton, is expected in October 2009.

New policies on aggregate wharves and rail depots and safeguarding of sites

3.6. The outcome of the ABP challenge quashed the Core Strategy policies S13, S14 and DC18; consequently new policies need to be prepared. The challenge was made on the basis that a needs assessment for wharves and depots had not been prepared as part of the preparation of the Core Strategy. That needs assessment has now been carried out and it indicates that Hampshire has sufficient capacity at existing wharf and depot sites to serve the rest of the plan period. The capability to deal with any increase in demand, in particular with regard to mineral consumption, can be met.

Other Changes - Development Management Policies

3.7. The review of the above policies provides the opportunity to revise and update a number of Development Management (formerly Development Control) policies, to provide a more robust framework for determining future planning applications for minerals extraction and processing and for waste infrastructure. These include the policies supporting those referred to above in respect of aggregates supply, and wharves and depots, and the policies for sustainable development, protection of nationally designated sites, and for planning obligations.

4. Consultation Strategy

4.1. The consultation strategy supporting the Framework aims to enable stakeholders to gain a clearer understanding of its background and history, the policies and proposals being prepared and the planning process through which the Plan is prepared. The consultation will ask general questions on the relevant issues and provide an opportunity for the public to make its views on these issues known. The mechanism for consulting with stakeholders is set out in a Statement of Community Involvement, which was adopted by the County Council in 2006.

4.2. A two stage consultation process is proposed for the Core Strategy which will include provision of supporting information on the County Council website, in Hampshire Now, and in local information centres. The first stage consultation is planned to commence in November 2009. A draft consultation document has been prepared, setting out the key issues, proposed direction and justification for changes to the Core Strategy policies. The draft document is appended to this report. This first stage consultation is simply setting out the key facts/context and what areas of the Core Strategy are proposed to change and why.

4.3. A report identifying the outcomes from the first stage consultation, the Secretary of State's apportionment decision following the EiP and the way forward for the HMWDF programme will be presented to Members for approval in the first part of 2010. If this is approved, the second stage consultation will build on the information and outcome from the first stage and identify and consult on actual policy wording.

4.4. The outcome of the second stage consultation (the final proposed policy wording) will also be reported to Members in the second half of 2010 when they consider the draft amended Core Strategy.

4.5. If the draft Core Strategy is approved, it will then be submitted to the Government after a further statutory consultation designed to allow the public to make comments on the `soundness' of the proposed changes. The Core Strategy amendments would then be subject to their own public examination, leading to their adoption in 2011/12. A timeline guide illustrating this process is attached to this report.

5. Other issues related to the Core Strategy

5.1. Should the Council decide not to progress with the Core Strategy revisions then the adopted Core Strategy will be left incomplete. One of the quashed policies relates to the safeguarding of sites and if this is not replaced with a new policy, the security of delivery of minerals and waste infrastructure is at risk.

5.2. If the sand and gravel apportionment policy is not revised to reflect the South East Plan it becomes difficult to subsequently identify sites and/or locations for sand and gravel extraction, as:

(i) the current policy contains an apportionment that is significantly higher than that now proposed; and

(ii) non conformity with the South East Plan could result in a legal challenge.

5.3. If the Core Strategy revisions are not carried out in accordance with planning legislation and guidance then it risks the new policies being found `unsound' by a planning inspector at public examination. This could result in delay to the programme and leave the Council open to development by appeal.

5.4. If the Core Strategy revisions are not undertaken, then progress on the waste sites allocation document will be jeopardised. This risks failing to comply with the transposed European Waste Framework Directive which requires the production of such a plan.

5.5. The proposed programme and methodology for revising the Core Strategy has been devised to minimise the likelihood of these risks affecting the County Council.

6. Conclusions

6.1. Completing the Hampshire Minerals and Waste Development Framework is important to ensure that there is effective guidance for minerals development, and waste infrastructure proposals can be assessed against an effective framework of planning policies.

6.2. The first stage in that process is to identify which areas of the Core Strategy need to be changed and make the key facts and issues relating to these policy areas available for public comment. This process provides a mechanism to rectify policy problems where they have been subject to legal challenge or no longer comply with the South East Plan. By engaging the public at this early stage the statutory requirement for community involvement continues to be satisfied.

6.3. The key areas are the Hampshire apportionment for sand and gravel extraction and the policies for wharves and rail depots and safeguarding. The sand and gravel apportionment figure is to be reduced to 1.62 million tonnes per year as proposed in an amendment to the South East Plan. The policies for wharves and rail depots and safeguarding are being prepared to address matters arising from the High Court judgment against the County Council.

6.4. The second stage, which would occur once the aggregates apportionment review is finalised (likely to be early 2010), will propose policy wording and ask for comment. This stage accords with national policy and legal requirements for community involvement. The outcome of this second stage will result in a revised version of the Core Strategy. This will be presented to Cabinet and Council and, if approved, submitted to Government and published for consultation on its soundness and submitted to Public Examination conducted by a Planning Inspector.

6.5. It is recommended that the proposed Core Strategy issues set out in summary in this report and in detail in the draft Stage 1 consultation document appended to the report are approved for public consultation.

7. Recommendations

7.1. That the key facts and issues document relating to potential amendments to the Hampshire Minerals and Waste Development Framework Core Strategy be published for public consultation, including:

(i) the requirement to revise the policy on the aggregates apportionment to accord with the proposed regional policy;

(ii) new information on aggregate wharves and rail depots and safeguarding of all sites; and

(iii) other changes - information about the need to amend a limited number of existing development control policies and propose one new policy.

7.2. That authority be delegated to the Director of Environment, in consultation with the Executive Member for Environment, to make other minor changes provided these do not change the substance of the document.

7.3. That the proposed consultation programme, as set out in section 4 of this report, be agreed.

2135Rpt/874/AF

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy

Other Significant Links

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

1.1. Assessment of the Race Relations (Amendment) Act has been considered in the development of the Framework, which is not expected to compromise equalities in terms of race, creed or gender but to improve well-being for all.

2. Impact on Crime and Disorder:

2.1. The proposals have no impact on crime and disorder.

3. Climate Change:

(a) How does what is being proposed impact on our carbon footprint / energy consumption?

The proposals put forward are aimed at reducing the carbon footprint across the Hampshire community.

(b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

The proposed policy changes aim to improve long term sustainability of minerals and waste infrastructure.