Agenda and minutes

Planning Policy Sub-Committee
Tuesday 17th December 2019 6.00 pm

Venue: at Arun Civic Centre, Maltravers Road, Littlehamton, BN17 5LF

Contact: Carrie O'Connor (Ext 37614) 

Items
No. Item

17.

Apologies for Absence

Minutes:

            An apology for absence had been received from Councillor Northeast.

18.

Declarations of Interest

Members and Officers are reminded to make any declarations of pecuniary, personal and/or prejudicial interests that they may have in relation to items on this agenda and are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent.

 

Members and officers should make their declaration by stating :

 

a) the item they have the interest in

b) whether it is a pecuniary, personal and/or prejudicial

c) the nature of the interest

Minutes:

                        There were no declarations of interest made.

19.

Minutes pdf icon PDF 184 KB

To agree as a correct record the Minutes of the meeting held on 15 October 2019 (attached).

Minutes:

            The Minutes of the meeting held on 15 October 2019 were approved by the Subcommittee and signed by the Chairman as a correct record.

20.

Local Plan Options pdf icon PDF 286 KB

All Councils are under a statutory obligation to prepare a Local Plan, and the National Planning Policy Framework (NPPF) requires Councils to review Local Plan policies every five years. Para 12.1.12 of the existing Arun Local Plan indicates that if our housing delivery is below the required levels for two consecutive years, the Council will initiate a partial review of the Plan (in order to increase provision). There is therefore now a requirement to commence work on a review of some of the Local Plan and this report explores the options available to the Council.

Minutes:

            As a result of the changes to the administration following the local elections in May 2019, a series of briefings had been held for Members relating to planning matters and the Group Head of Planning now presented this report, particularly in light of the fact that the trigger for a review of the Local Plan had been reached, as set out at  paragraph 12.1.12 of the Local Plan.  In addition, the NPPF (National Planning Policy Framework) confirmed that Local Plans should be reviewed every 5 years and, should that review result in an update,  that process could be lengthy and an early review was therefore necessary.  Further, the report followed on from the recently agreed new strategic targets of the Council, one of which was a high priority to develop a new planning framework to improve sustainability and infrastructure and respond to climate change as part of a Local Plan review. 

 

            The Subcommittee was advised that there was a need to recognise that a review was required now and, at a minimum, the housing policies contained within the Plan should be reviewed as they would require updating based on the current shortfall in the 5 year housing land supply (HLS)

 

            The report set out options for the process, which in summary were:-

 

Option 1 -  a commitment to an updated Plan to produce a full new Local Plan which would take between 3 – 5 years and would need to accommodate an additional 5 years to take the end date to 2036. There would be a substantial cost to this of in the region of £1 million.

 

Option 2 - to revise the strategic allocations. The report set out the reasons why there would be no realistic prospect of extinguishing the existing allocations. The Council would need to demonstrate with evidence why such allocations were unsound and would have to be able to demonstrate that it could accommodate housing needs on alternative sites that had been consulted upon and was justified by evidence. However, all allocations would be considered as part of an updated Plan.

 

Option 3 - to concentrate on just the development management policies within the Local Plan and would be a more focussed update. This would concentrate on policies that, for example, related to climate change, environment and design.  Whilst this could technically take place in isolation, it would not be possible to leave the housing policies as they were whilst these policies were being updated because there was a requirement now to review and update those policies as well.

 

Option 4 - to concentrate on developing Supplementary Planning Documents in support of existing Local Plan policies.  However, it should be recognised that this option would not result in a set of new policies reflecting the new strategic targets.

 

Option 5 -  to do nothing.  Officers fully recognised the situation the Council found itself in where it had had exceptionally high housing numbers imposed upon it and that those numbers were very difficult to deliver based on  ...  view the full minutes text for item 20.

21.

Arun Design Guide Supplementary Planning Document (SPD) pdf icon PDF 246 KB

This report updates members on the preparation of the Arun Design Guide Supplementary Planning Document (Design Guide SPD) – which will be subject to a four-week consultation in the spring 2020 and then subsequent adoption by Full Council. The Design Guidance provides more detailed guidance on the application of design polices within the adopted Arun Local Plan 2018 and will be used as a material consideration for the determination of planning applications and will be a vital planning tool for shaping new development in line with the policies set out in the Local Plan.

Minutes:

            Prior to presenting the report on the table, the Planning Policy Team Leader gave a presentation on the objectives of the Arun Design Guide Supplementary Planning Document (SPD) and what the Council would be expecting in terms of quality of design for development in the future.  The Council’s policies sought good quality design and this document would provide clarity for developers and the public as to how that could be achieved.

 

            The Planning Policy Team Leader advised that the Council’s consultants had been involved in the production of the Design Guide which covered a comprehensive amount of detail in a structured way.  It was now being proposed to put the draft SPD out to public consultation to gather the views of all relevant parties and stakeholders; those responses would then be assessed and actioned as necessary and the revised document presented to a future meeting for consideration.

 

            In consideration of this item, Members welcomed the production of the Design Guide and thanked officers for their work on it and hoped that it would make a positive contribution to improving future development in the District.

 

            A question was asked in respect of the involvement of Members and the Parish Councils in the process of the development of this SPD and the Group Head of Planning was able to confirm that a briefing had been arranged on 3 October 2019 for all Members; a hard copy of the document had been provided in the Members’ Room; and a link in the report directed Members and the public to the website where it could be viewed.  Meetings had been held with a number of Parish Councils and a questionnaire had been sent out to all Parish Councils to ascertain their views.

 

            A view was expressed that the consultation period was too short and should therefore be extended to particularly benefit the Parish Councils.  Following discussion it was agreed that the consultation would take place between 9 January to 21 February 2020 (rather than 6 February 2020 as detailed in the report) and Members recognised that there would be a need for an additional meeting to meet the proposed timetable.

 

            Member questions were asked with regard to infill development and its potential impact on the adjacent environment; and flatted development and HMOs (Houses in Multiple Occupation) and these were responded to at the meeting by the Planning Policy Team Leader.

 

            The Subcommittee

 

RESOLVED – That

 

(1)    the proposed approach and timetable for the public consultation on the Consultation Draft version of the Design Guide Supplementary Planning Document, which will be published for public consultation from 9 January 2020 to 21 February 2020, be agreed;

 

(2)    the Group Head of Planning, in consultation with the Planning Portfolio Holder and the Chairman, be granted delegated authority to finalise the Design Guide SPD Consultation document for publication; and

 

(3)      following consultation, any responses be reported back to the Subcommittee to agree any further changes prior to the Design Guide being referred to Full Council for adoption.

22.

Open Space, Playing Pitches and Built Sports Facilities Supplementary Planning Document (SPD) and Arun Parking Standards SPD pdf icon PDF 239 KB

Following a four-week Regulation 12 Public participation’ period (The Town and Country Planning (Local Planning) (England) Regulations 2012), a limited number of comments were received on the two proposed Supplementary Planning Documents (SPDs): Open Space, Playing Pitches and Built Sports Facilities Supplementary Planning Document (SPD); and Arun Parking Standards SPD which the Sub-Committee had recommended at its last meeting of 15 October 2019 should be referred to Full Council for adoption on 15  January 2020. The comments raised on the respective SPDs do not raise material objections or issues but request a limited number of clarifications which it is considered will helpfully improve the interpretation of the SPDs. The changes can be made under delegated authority and the SPDs can accordingly be referred to Full Council for adoption.

Minutes:

            The Subcommittee considered this report from the Planning Policy Team Leader which set out the detail of representations received and proposed responses following the 4 week public consultation undertaken on the two proposed Supplementary Planning Documents (SPDs) relating to (1) Open Space, Playing Pitches and Built Sports Facilities and (2) Arun Parking Standards.

 

            The Planning Team Leader advised Members that the comments raised on the respective SPDs did not raise material objections or issues but had requested a limited number of clarifications which, it was considered, would helpfully improve the interpretation of the SPDs.  The representations and proposed clarifications and wording amendments were detailed in the report for Members’ consideration.

 

            The Subcommittee

 

RECOMMEND TO FULL COUNCIL – That

 

1)    subject to the minor drafting changes detailed in this report (and any further minor changes made by the Group Head of Planning, in consultation with the Chairman and Cabinet Member for Planning), that the Open Space, Playing Pitches and Built Sports Facilities Supplementary Planning Document be adopted;

2)    subject to the minor drafting changes detailed in this report (and any further minor changes made by the Group Head of Planning, in consultation with the Chairman and Cabinet Member for Planning), that the Arun Parking Standards Supplementary Planning Document be adopted;

3)      as soon as reasonably practical after adoption, both SPDs, together with an Adoption Statement, be made available for inspection and published to the  Council’s website and sent to any persons who have requested to be notified.

23.

Gypsy & Traveller & Travelling Showmen Site Allocations Development Plan Document (DPD) pdf icon PDF 204 KB

This report advises members on the outcome of the Gypsy & Traveller and Traveller Showmen (G&T) Site Allocations Issues and Options public consultation, undertaken in summer 2019 which included 9 existing sites for intensification to meet needs with a further new site option to be considered for allocation. The report summarises representations made and the Council’s proposed response and sets out the next steps for preparing the G&T Site Allocations Development Plan Document.

Additional documents:

Minutes:

            (In the course of discussion on this matter, Councillors Elkins, Oppler and Mrs Pendleton declared a personal interest as members of West Sussex County Council.)

 

            The Planning Policy Team Leader presented the detail of this report which set out the outcome of the Gypsy & Traveller (G&T) & Travelling Showmen Site Allocations Issues and Options public consultation which had been undertaken in the summer of 2019.  It also summarised representations made and the Council’s proposed response and set out the next steps for preparing the G&T Site Allocations Development Plan Document (DPD).  Members were also advised that the timescale envisaged was different from that included in the Local Plan because the evidence base had been recalibrated to 2018 with an end period moved from 2030 to 2036.

 

            Member comment was made in respect of:-

 

            (i) ARU040 Land West of Brook Lane, south of A259 Angmering – it was felt that Store Property Investments view was correct as the families at that site had moved to the north side and so the matter should be investigated further.

            (ii) Aldingbourne Farm Shop – a request was made that this matter should be dealt with as a matter of urgency.

 

            The Subcommittee

 

RESOLVED – That

 

(1)     the consultation response to the Gypsy & Traveller and Traveller Showmen Issues and Options consultation be noted; and

 

(2)   following further work to resolve objections, a Regulation 18 Draft Gypsy & Traveller and Traveller Showmen Site Allocations Development Plan document be prepared for consultation in the late Spring 2020.

 

24.

Community Infrastructure Levy (CIL) Update pdf icon PDF 162 KB

This report provides an update on the Arun CIL Examination which took place on 18 October 2019.  It also provides a summary of the Examiner’s Report, which is due to be issued to the Council during the week commencing 2 December 2019 and, as a result, it will be provided under separate cover to enable the Examiner’s recommendations to be taken account of. 

 

The Examiner’s report may include specified modifications to the Charging Schedule that are required to be made to the Charging Schedule.  A list of these modifications, and the reasons for them will be reported to the Sub-Committee.  The final Charging Schedule and a schedule of the recommended modifications will be appended to the report. 

 

The report will also include further details regarding the CIL charging process such as “Bringing CIL into Effect” and a “Next Steps” section which will explain the tasks that are required to implement and govern the CIL processes.

 

Finally, the report will ask the Subcommittee to recommend to Full Council that the Arun CIL Charging Schedule be approved to come into effect on 1 April 2020.

 

 

Additional documents:

Minutes:

            The Planning Policy Team Leader presented this report which provided an update on the Arun Community Infrastructure Levy (CIL) Examination which took place on 18 October 2019; a summary of the Examiner’s Report which was received on 3 December 2019; and further details regarding the CIL charging process.  He advised the Subcommittee that the Charging Schedule had the potential to generate £30million going forward in future years and was therefore an important document.  The receipts from CIL would be used to deliver infrastructure projects to support planned development

 

            Following examination, the draft Charging Schedule had been found “fit for purpose” subject to two modifications which had been duly incorporated in the document.  It was therefore being recommended for approval by Full Council as the basis for collecting a CIL levy and as sufficient evidence had been provided, the rates would not undermine the deliverability of the Local Plan.

 

            In turning to consideration of the item, the Principal Planner was commended for her due diligence in achieving finalisation of the Arun CIL Charging Schedule.

 

            Member comment was made highlighting 4 specific issues that the Examiner had made further suggestions/informal recommendations on.  These related to:-

 

a.    Applications in the pipeline when the Charging Schedule came into effect – officer response given was that CIL Regulations were quite clear and there was no leeway.  If a planning application had not been approved before the Charging Schedule came into effect there would still be a liability to pay a CIL charge;

b.    A review of the CIL Charging Schedule on completion of the review of the Arun Local Plan – officer response given was that that would happen at an appropriate time with consideration of the Local Plan review;

c.    Definition of Gross Internal Area (GIA) to be included in the published Charging Schedule – officer response given that the authority was proceeding on the basis of the Examiner’s report as suggested best practice discussed at the Examination – this technical reference could be revised subsequently if necessary;and

d.    Exceptional circumstances relief – officer response given that it was not possible or appropriate to anticipate all other potential reliefs/circumstances when this was adequately included in national guidance and it would therefore be for developers to apply for relief.  It was important that all liable developments pay the charge to mitigate the impact of the development.

 

Following further points expressed, the Subcommittee

 

RECOMMEND TO FULL COUNCIL – That

 

1)  the Arun CIL Charging Schedule, which includes the Examiner’s modifications and minor modifications as set out in Background Paper 2; and any further non-material changes which may be included and agreed with the Group Head of Planning, in consultation with the Chairman of the Planning Policy Subcommittee and Cabinet Member for Planning, be approved in accordance with section 213 of the Planning Act 2008; and

(2) that the Arun CIL Charging Schedule, and the Instalments Policy (set out within the Charging Schedule) will come into effect in Arun District (outside of the South Downs National  ...  view the full minutes text for item 24.

25.

Authority Monitoring Report 2018/19 pdf icon PDF 155 KB

Minutes:

            In presenting this report, the Planning Policy Team Leader advised that the second paragraph of the executive summary had stated that the “presumption in favour of sustainable development will not apply to planning applications” – this was obviously an error and the word not should not have  been included.

 

            Following questions from Members relating to non-delivery of the housing targets and responses from officers, the Subcommittee

 

RESOLVED

 

That the Authority Monitoring Report 2018/19 be noted.

26.

Compliments of the Season

Minutes:

            The Chairman wished Members and officers the compliments of the season.