Hastings Planning Strategy Main Modifications Consultation May 2013
2. Proposed Main Modifications
Background
2.1 Main modifications are significant changes that are needed to help ensure the Planning Strategy is found sound by the Inspector in his final report. Main modifications are changes that are considered to go to the �heart� of the Plan, and are fundamental to the Strategy.
2.2 The proposed Main Modifications are set out in a schedule on the following pages. They should be read in conjunction with the submitted Planning Strategy available at www.planvu.co.uk/hbc/contents_written.htm, but have also been set in context in an extract at Appendix A.
(1) What can I comment on?
2.3 You are invited to submit formal representations on any of the Main Modifications set out in the schedule that follows. Please remember to quote the relevant reference number on your form (HBC/MM/ ). Specifically:
Do you agree that the Proposed Main Modifications are Legally Compliant or Sound? Do any changes need to be made? If so, what are they?
2.4 Further information on the Soundness and Legal Compliance tests is set out in the guidance notes. Please confine your responses to the implications of the modification, not the wider policy to which they relate or the Planning Strategy in general. We are unable to accept comments that raise other matters that either were, or could have been part of the earlier representations or hearings on the submitted Planning Strategy.
Schedule of Main Modifications for consultation following Examination in Public
| Ref: | Page | Chapter | Policy/ paragraph number | Change needed | ||||||||||||||||
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(4) HBC/MM/1 |
28 |
Chapter 4: The Development Strategy |
New paragraph 4.2 |
Insert additional text regarding the Duty to Co-operate
INSERTED:
Complying with the Duty to Co-operate 4.2 The Council acknowledges the importance of ongoing co-operation with relevant bodies, particularly Rother District Council and East Sussex County Council2. Co-operation will therefore continue with these authorities and with other bodies as appropriate, especially with regard to housing and employment development. This will take place as the Planning Strategyis monitored and reviewed in the light of such considerations as subsequent survey material,national planning policies and their implications for planning policies and proposals for the Borough, District and County. Of special relevance in this regard are likely to be the full, objectively assessed needs for market and affordable housing, explored further on in this chapter, and the implications for them of the completion of the Bexhill � Hastings Link Road. |
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Reason for Main Modification HBC/MM/1: The Duty to Co-operate was introduced by the Localism Act of 2011. It obliges neighbouring councils and other organisations to work together to understand shared issues and look for shared solutions. Following discussions at the Examination hearing sessions, it was agreed that specific text should be incorporated into the final version of the Planning Strategy to demonstrate our ongoing commitment to co-operation in line with the Duty to Co-operate. |
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(3) HBC/MM/2 |
28 |
Chapter 4: The Development Strategy |
New paragraph 4.3 |
Insert additional text regarding the presumption in favour of sustainable development
INSERTED:
The presumption in favour of sustainable development 4.3 When considering development proposals, we will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. We will continue to work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area and the wider objectives of this Plan. Planning applications will be assessed in accordance with the policies in the Local Plan as a whole and will be dealt with promptly and approved unless material considerations indicate otherwise. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise � taking into account whether:
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Reason for Main Modification HBC/MM/2: The model policy proposed by the Planning Inspectorate is considered to summarise the sustainability credentials of the Planning Strategy, in line with the requirements of the National Planning Policy Framework. This issue was discussed at the Examination hearing sessions and to further demonstrate the Council�s commitment to the presumption in favour of sustainable development, we are proposing to include this in the final version of the Planning Strategy |
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(4) HBC/MM/3 |
32 |
Chapter 4: The Development Strategy |
Amend paragraph 4.22 |
Amend paragraph 4.22: 4.22 The target is equivalent to 200 net new homes per annum DELETED:(as compared to the 210 per annum target contained in the South East Plan). This target will be achieved through the delivery of identifiable development sites between 2011 and DELETED:2022 INSERTED:2028. DELETED:after this period some reliance on windfall development will be necessary. In addition, in line with the Council�s Empty Homes Strategy, it is planned that the targeted return of long term empty homes back into residential use by this Council will occur across all years of the Strategy and that the re-use of these homes will contribute to meeting the overall housing target. (NB. Because of other amendments this paragraph will be renumbered to 4.25 � please see the appendix for details) |
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Reason for Main Modification HBC/MM/3: Given the revocation of the South East Plan in March 2013, all references to it in the Plan should be removed. In terms of housing delivery over the Plan period, discussions at the Examination hearing sessions pointed to how it was inappropriate to use the return to use of Empty Homes as a source of housing supply. Hastings Borough Council does however; remain committed to bringing empty homes back into use. |
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(2) HBC/MM/4 |
32 |
Chapter 4: The Development Strategy |
Delete paragraph 4.23 and replace it with amended version of 4.28 |
Delete paragraph 4.23 and replace with amended text:
DELETED:
4.23 On the basis of the current Empty Homes Strategy (2009 � 2013), it is anticipated that approximately 255 long-term empty homes will be returned to use up to 2028 4.2DELETED:8 INSERTED:3 Windfall development has made a significant contribution to housing delivery in the past. Small site windfalls (less than 6 dwellings) will continue to come forward over all years INSERTED: of the Plan up to 2028.
DELETED:although it is not
necessary to rely on windfall delivery in the first 10
years of the Planning Strategy period. Between 2023 and
2028, an. INSERTED: An average of
DELETED:40
INSERTED:35 windfall dwellings
per year has been assumed INSERTED: between
2016/17 and 2027/28, this potential supply can be seen
as providing the necessary flexibility around meeting
the housing target which is a minimum, by either
increasing the total amount of house building, or as a
contingency if allocated sites do not come forward as
planned for any reason. |
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Reason for Main Modification HBC/MM/4: Discussions at the Examination hearing sessions pointed to the potential to allow for an increase in the allowance for windfall, and the need to remove the reliance on Empty Homes as a source of housing supply. This is reflected in the amendments to text above. Hastings Borough Council does however; remain committed to bringing empty homes back into use. |
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(3) HBC/MM/5 |
32 |
Chapter 4: The Development Strategy |
Amend paragraph 4.24 and table 1 |
Amend paragraph 4.24 and replace the contents of table 1 as shown: 4.24 The new homes will be delivered primarily through private development, but there will be considerable partnership working with Registered Providers (RPs) in the delivery of affordable housing.
(NB. Because of other amendments this paragraph will be renumbered to 4.27 � please see the appendix for details) |
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Reason for Main Modification HBC/MM/5: The changes to table 1 of the Planning Strategy (as shown above) are a reflection of changes to the sources of supply discussed at the Examination hearing sessions. It also updates the position to reflect the most up-to-date information. |
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(1) HBC/MM/6 |
42 |
Chapter 5: Spatial Areas |
New paragraph 5.19 |
Replace paragraph 5.19 with new text:
DELETED:
5.19 The Hastings Renewable and Low Carbon Energy Study (2009) has shown some potential for wind energy at Combe Valley Countryside Park (in both the Hastings and Rother areas). We will work with Rother District Council to explore this opportunity further, and identify the potential for renewable energy provision to offset the town�s carbon emissions resulting from implementation of the whole development strategy for the town.
INSERTED:
5.19 The Hastings Renewable and Low Carbon Energy Study (2009) has shown that there may be some potential for wind energy along the urban fringe areas, which may include Combe Valley Countryside Park. We intend to take a positive approach to delivering renewable energy development in the town, and will work in partnership with Rother District Council in considering and identifying sites in urban fringe areas. Any consideration of sites that do come forward within Combe Valley Countryside Park will need to give due consideration to the Parks objectives and purpose of its designation, in line with part b) of Policy SC6. |
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Reason for Main Modification HBC/MM/6: This modification is intended to give clarity to the consideration of the use of wind energy at the edges of Hastings� Borough boundary and that if and when it is considered in the Combe Valley Countryside Park, the objectives of the Park will be considered. This also reinforces the Duty to Co-operate cited in HBC/MM/1 |
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(2) HBC/MM/7 |
59 |
Chapter 6: Sustainable Communities |
New paragraph 6.17 |
Replace paragraph 6.17 with new text:
DELETED:
6.17 The Council will therefore take a positive approach to delivering renewable energy developments within the town, and will work in partnership with Rother District Council in considering and identifying sites in urban fringe areas.
INSERTED:
6.17 The Council will therefore take a positive approach to delivering renewable energy developments in the town, and will work in partnership with Rother District Council in considering and identifying sites in urban fringe areas. Any consideration of sites that do come forward within Combe Valley Countryside Park will need to give due consideration to the Parks objectives and purpose of its designation, in line with part b) of Policy SC6. |
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Reason for Main Modification HBC/MM/7: This modification reflects HBC/MM/6 and will give clarity to the consideration of the use of wind energy at the edges of the borough boundary and that the objectives of Combe Valley Countryside Park will be considered if such provision is taken forward in that location. This also reinforces the Duty to Co-operate cited in HBC/MM/1 |
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(2) HBC/MM/8 |
66 |
Chapter 7: Protecting our Environment |
New paragraphs 7.20, 7.21 and new policy EN4 |
Insert the following text and policy:
INSERTED:
7.20 Ancient Woodland is a nationally important and threatened habitat which is irreplaceable. Most ancient woodlands have been in existence since the end of the last Ice Age. They are of special cultural, heritage and biodiversity value. National guidance and legislation protects Ancient Woodland from development. Development in the vicinity of such woodland, however, may also impact upon it and these impacts will be considered. 7.21 Across Hastings Borough there are many areas of Ancient Woodland. These are an important wildlife habitat, have great amenity value for the community and are an asset to the wider heritage landscape. Further information on Ancient Woodland is also set out in background document �Ancient Woodland Inventory of Hastings� (2010), available on our website at www.hastings.gov.uk/environment_planning/planning/local_development_framework/evidence_base/. These areas of Ancient Woodland, as shown on the Polices Map, are therefore, protected from the adverse impact of development by policy EN3 and also as described in policy EN4. POLICY EN4: Ancient Woodland Planning permission will only be granted for development near or adjacent to an area of ancient woodland, shown on the Policies Map, if it can be convincingly demonstrated that the proposals will not adversely affect that ancient woodland and the need for development outweighs the importance of them. The layout of any development encroaching into, or close to, such woodland must take account of the designation and be designed so as to minimise the impact upon it. The Council may impose conditions on any planning permission and/or seek to enter into legal agreement(s) to secure the protection, enhancement and management of ancient woodland affected, directly or indirectly, by development proposals |
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Reason for Main Modification HBC/MM/7: This modification gives clarity to the protection of Ancient Woodland as required by Policy EN3 of the Planning Strategy and it will give guidance for the consideration of applications that may have an impact upon them |
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(5) HBC/MM/9 |
67 |
Chapter 7: Protecting our Environment |
New paragraphs 7.22, 7.23, 7.24 and New Policies EN5 and EN6 |
Insert the following text and policies:
INSERTED:
7.22 Some areas of the Borough that are particularly important for their contribution to wildlife habitat should be protected. Local Nature Reserves (LNR) protect wildlife habitats and the natural heritage, but they also have a broader community role:
7.23 Local Wildlife Site (LWS) is a non-statutory designation applying to a site of Borough-wide importance. The designation seeks to provide recognition of the wildlife value of these sites to the local community and, where possible, to prevent significant damage arising from development. 7.24 Both LNR and LWS, as displayed on the policies map, will be protected managed and enhanced as described in policies EN5 and EN6. POLICY EN5: Local Nature Reserves (LNR) Areas designated or proposed as Local Nature Reserves (LNR) will be safeguarded and protected. Proposals for development within Local Nature Reserves, or likely to have an adverse effect on them directly or indirectly, will only be permitted if: (a) the need for development outweighs the importance of the site for nature conservation; and (b) any harm to the nature conservation interest of the site is clearly and demonstrably kept to a minimum. Where development is permitted, the Council may attach planning conditions and/or may seek to enter into legal agreement(s) to ensure the continuing protection and enhancement of the nature conservation interest and to provide compensatory measures and/or site management. POLICY EN6: Local wildlife Sites (LWS) Development proposals within or adjacent to Local Wildlife Sites (LWS) will only be permitted where there is a local need which outweighs any harm to the nature conservation interest. The Council may attach conditions to any planning permission and/or may seek to enter into agreement(s) to minimise the harm and/or secure the protection, enhancement and management of the nature conservation interest. |
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Reason for Main Modification HBC/MM/8: This modification gives clarity to the protection of Local Nature Reserves and Local Wildlife Sites as required by Policy EN3 of the Planning Strategy and it will give guidance for the consideration of applications that may have an impact upon them |
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(1) HBC/MM/10 |
79 |
Chapter 9: Local Economy |
Amend Policy E4: Tourism and Visitors |
Amendment to Policy: POLICY E4: Tourism and Visitors The Council will work to promote and secure sustainable tourism development in the town. A more diverse and high quality tourism offer will be encouraged that seeks to lengthen the tourism season, increase the number of visitors, provide job opportunities and sustain the tourism economy. Visitor Attractions: New visitor attractions will be encouraged and those that already exist will be protected, unless it can be demonstrated they are no longer economically viable either in existing or adapted form. The upgrading of provision will be encouraged where it increases the range and/or quality of tourist facilities. Proposals for new visitor attractions will be considered sympathetically anywhere within the Borough subject to other policies. The seafront is seen as the core resort area and particular support will be given to measures and proposals which are well related to the seafront. Visitor Accommodation: New visitor accommodation will be directed to the Seafront, the main arterial routes, and close to other generators of demand. Extension to existing visitor accommodation will also be supported, subject to design and location policies. The priority areas for retention of INSERTED: serviced visitor accommodation are the Seafront (including Warrior Square), the Old Town and the Town Centre. In these areas, there will be a presumption against a change of use away from existing facilities unless the facility is no longer viable or is incapable of improvement to a good standard. INSERTED: Outside these areas, change of use away from visitor accommodation (including camping, caravan and chalet sites) will be resisted, unless the criteria of the Visitor Accommodation Supplementary Planning Document (SPD) are adhered to, and the unviable nature of the business can be demonstrated. The SPD contains guidance in support of this policy approach. Proposals for upgrading caravan and camping facilities will be encouraged where it increases the range and/or quality available to the tourist. Language Schools: In recognition of their importance to the local economy, the Council will also support proposals that improve, protect or make new provision for language schools in suitable locations. Proposals for changes of use of language schools to other uses will be resisted unless it can be demonstrated that the use is no longer economically viable. |
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Reason for Main Modification HBC/MM/9: This modification will provide some clarity for the use of the Visitor Accommodation SPD outside of the core zone defined in the policy, and reinforces Hastings Borough Council�s commitment to retaining visitor accommodation across the town as a whole. |
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(1) HBC/MM/11 |
90 |
Key Diagram |
Amend Key Diagram |
Move western Renewable Energy opportunity area to a site within Hastings borough boundary |
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Reason for Main Modification HBC/MM/10: The original draft of the Planning Strategy contained a production error showing the Renewable Energy opportunity area the wrong side of the western boundary of Hastings� Borough boundary. This modification will put right that error |
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92 |
Part Six � Monitoring and Implementation |
New paragraphs 12.3, 12.4 and 12.5 |
Insert additional text about a monitoring group:
INSERTED:
12.3 Continuing monitoring will be essential if the policies of the Local Plan are to be effective and its proposals delivered in a timely manner. Frequent re-assessment of the Infrastructure Delivery Plan and its Schedule will take place, and will assist in securing these objectives. The Council will establish a working group to monitor the progress of the Local Plan, working with infrastructure providers and developers as appropriate. This working relationship will thereby ensure that the Local Plan keeps on target, and its progress is reported through regular Local Plan Monitoring reports. Recommendations will be made where necessary to the Council�s Cabinet should there be any significant failures in performance and/or delivery. 12.4 These arrangements demonstrate the Council�s commitment to the delivery of infrastructure at such time as is practicable in current circumstances. Some infrastructure will continue to be provided by developers through, for example, S106 Agreements, in accordance with the NPPF, and the working group will also want to be assured that developers (of major schemes) adhere to S106 Agreements and planning conditions. 12.5 In these ways, the Council will continue to co-operate with its partners and the private sector in ensuring that the Local Plan is effective, and that the development which it promotes is carried out as agreed. |
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Reason for Main Modification HBC/MM/11: This modification will provide for a working group in the Council to monitor the progress of the Local Plan; its delivery and effectiveness. This will allow the monitoring that is described in Part Six of the Planning Strategy to be efficient and its reporting to be transparent and accessible for all interested parties |
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2 The Duty to Co-operate is required by Section 33A (1) of the Planning and Compulsory Purchase Act 2004 (introduced through the Localism Act 2011)
