OFFICERS’ REPORTS TO
PLANNING POLICY & BUILT HERITAGE WORKING PARTY – 23 APRIL 2012
PUBLIC BUSINESS – ITEM FOR DECISION
1.
Housing Land Supply – Publication of Statement of Five Year Supply of
Residential Development Land.
This report provides an overview of the amount of land which is available for housing
development in the District, identifies how much of this land might reasonably be
expected to be developed over the next five years and seeks authority to publish a
statement of the Council’s position.
1. INTRODUCTION
Each year the Council is required to publish a document which identifies the quantity
of land in the District which is likely to be available for housing development over the
next five years. The amount of land available should then be compared with the
housing land requirements for the District in the adopted Core Strategy. Authorities
should aim to retain a rolling five year supply of land, plus a contingency of between
5% and 20%, which is available and suitable for development so that housing targets
can be met. The expectation is that through the preparation of development plans
and the processing of planning applications the Authority should take a proactive role
to ensure that an adequate supply of housing land is available at all times.
2. WHAT IS A FIVE YEAR SUPPLY OF HOUSING LAND IN NORTH NORFOLK?
In North Norfolk the East of England Plan and the adopted Core Strategy require that
a minimum of 8,000 dwellings are built over the 20 year period from 2001 to 2021.
The Authority should therefore plan, on average, to ensure that at least 400 dwellings
can be built in each year. In the first ten years of the plan period the rate of new
dwelling completions has fallen behind this annual average mainly as a result of there
being few larger development sites available over this period and the recent slow
down in the local housing market. Consequently, in the remaining years of the plan
period the Council should plan to make up the deficit.
As of April 2011 the annual average target had risen from 400 to 477 dwellings
(inclusive of a 5% buffer) resulting in a five year land supply requirement of sites
suitable for 2,385 dwellings (477 dwellings x 5 years = 2,385 dwellings).
3. CURRENT HOUSING LAND SUPPLY IN NORTH NORFOLK
The Statement of Housing Land Supply 2011 (Appendix A – copy enclosed for
Working Party Members only but available to view online) presents information on the
various anticipated sites for housing development in the District. This is compiled from
a number of sources of information including rates of development over previous
years, planning permission records, dwellings under construction, and allocated sites
in the Site Allocations Development Plan. Identification of sites that can deliver
housing is relatively straightforward, but estimating how much of this capacity might
be delivered over a five year period is much more difficult and inevitably requires
some assumptions to be made.
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To „count‟ towards the five year land supply sites must comply with a number of
criteria:
In the main they must be specific identifiable sites although some allowance
can be made for „windfall‟ developments (sites which are not identifiable until
such time as planning applications are made) provided this is evidencebased.
the identified sites must be available for development now, and
they must be suitable for development, and
development must be achievable; there should be a reasonable prospect of
the site actually being developed within the five year period.
The Statement concludes that through a combination of sites with planning
permission, sites that are under construction, and those that are likely to provide
dwellings over the next five years, the District can provide 2,457 dwellings which
equates to 5.15 years supply inclusive of the 5% buffer required by the NPPF.
4. LAND SUPPLY AND THE DETERMINATION OF PLANNING APPLICATIONS
Given the current situation the position in relation to land supply will need to be kept
under regular review. Although there is no deficiency in the five year supply, the
surplus over and above the five year requirement is relatively modest. There remains
a large supply of sites with planning permission which in the event of an upturn in the
housing market could, at least theoretically, deliver the annual average dwelling
requirement for the next few years. Furthermore the Council is in a strong position in
terms of allocated sites, a significant proportion of which are anticipated to secure
planning permissions over the next 12 -18 months. The single greatest impact on
delivery figures is the slow down in the housing market, which both nationally and
locally has seen a 40-50% reduction in completion rates, and until this recovers it
should be expected that development rates will be below both historical rates and
required averages.
The Council will need to carefully consider any planning applications which do not
comprise part of the existing housing land supply, including those where the grant of
planning permission would represent a departure from adopted policies and consider
carefully the viability of proposals. Any proposals should be considered on their
individual merits having regard to the land supply situation at the time of application
and other material considerations.
RECOMMENDATION
1.
That the attached Land Supply Statement is published, and
2.
This report is presented to the Development Committee as an item for
information.
(Source: Mark Ashwell, Planning Policy Manager ext. 6325)
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PUBLIC BUSINESS – ITEM FOR DECISION
2.
National Planning Policy Framework – Publication
This report provides an overview of the National Planning Policy Framework (NPPF)
and recommends an approach to the application of adopted development plan
policies and the weight to be attached to the NPPF in the determination of planning
applications pending further consideration.
1. INTRODUCTION
The National Planning Policy Framework (NPPF) consolidates and replaces most of
the national planning policy advice published by government in the last decade
including Planning Policy Statements (PPSs), Circular 05/2005 in relation to Planning
Obligations, and a number of advisory letters providing interpretation of various bits
of government guidance. The new framework is applicable to both Plan making
(policy formulation) and the determination of individual planning applications. A new
single Framework document was published on 27th of March and the previous advice
was formally cancelled.
This report highlights some of the more significant changes, considers how this might
impact on the application and evolution of currently adopted policies, and suggests a
process for accommodating the NPPF within the Councils decision making
processes.
2. WHAT ARE THE MAIN CHANGES AND WHAT STAYS THE SAME
The Framework makes it clear that the development management process continues
to be plan led, that is, decisions should be made in accordance with Development
Plans, including any new Neighbourhood Plans, unless there are material
considerations which would suggest otherwise. Proposals that comply with Plans,
now referred to as the Local Plan rather than the Local Development Framework,
should normally be approved and those that don‟t should normally be refused.
The following provides a summary of some of the key provisions of the Framework.
The default ‘yes’ to development has been removed
The focus of the NPPF is on a presumption in favour of sustainable development and
positive growth but the clause that had appeared in the consultation draft referring to
decision takers at every level needing to assume the default answer to development
proposals is „yes‟ has been removed from the final publication. Nevertheless the
framework has a strong pro-growth flavour.
Sustainable development
Lack of clarity of the definition of sustainable development was one of the main
criticisms against the draft NPPF with many arguing that the government was
focussing too strongly on economic sustainability, potentially at the expense of social
and environmental considerations. The final NPPF draws on, and includes the
Brundtland Report definition of sustainability, i.e. meeting the needs of the present
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without compromising the ability of future generations to meet their own needs. The
five guiding principles of sustainable development are: living within the planet‟s
environmental limits; ensuring a strong, healthy and just society; achieving a
sustainable economy; promoting good governance; and using sound science
responsibly. The pursuit of sustainable development is classified as job creation,
increasing bio-diversity, replacing poor design with better design, improving the
conditions for live, work, travel and leisure, and widening the choice of high quality
homes.
Building on this the Framework includes twelve core planning principles:
A plan led system which empowers local communities
A creative system that looks to improve and enhance
A proactive systems which aims to address housing, business and other
needs
Always seeks high quality design and amenity
Take account of differing roles and characters of areas, promote vitality,
recognise the intrinsic character and beauty of the countryside and support
thriving rural communities
Support the transition to a low carbon future
Conserve and enhance the natural environment and reduce pollution
Encourage effective use of land
Promote mixed use
Conserve heritage assets
Manage patterns of growth to reduce dependence on cars
Improve health, social and cultural well being
Continued emphasis on use of brownfield land
The draft NPPF had dropped references to the need for development on brownfield
land. The final NPPF expresses a „preference‟ for development on land of lesser
environmental value and it „encourages‟ the effective use of land that has been
previously developed (brownfield land). National targets for the proportion of
development on previously developed land have been dropped but local planning
authorities may set their own targets for the use of brownfield land. Local policy
approaches about development on garden land (previously defined as brownfield)
can be developed.
Ensuring the ‘Vitality of Town Centres’
The final NPPF now promotes “positive competitive town centre environments”. The
sequential test for introducing retail, leisure and office uses over a 2,500 sqm
threshold in out of centre locations have been re-introduced in the final version of the
NPPF.
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No mention of permitted change of use from offices to residential
The development industry expected some announcement regarding the
Government‟s consultation last year on the permitted change of use from offices to
residential. The final NPPF does not make any direct reference to this matter, but
there are a few clauses that support such changes, including: “Local planning
authorities should identify and bring back into residential use empty housing and
buildings in line with local housing and empty homes strategies...normally approve
applications for change to residential use and any associated development from
commercial buildings (currently the B use classes) where there is an identified need
for additional housing in that area...”.
Revised provisions regarding housing supply
Local authorities are to identify and update annually a supply of specific deliverable
sites to provide 5 years of housing against their housing requirements with an
additional buffer of 5% to ensure choice and competition in the market for land. (The
draft NPPF suggested an additional 20% of sites – this provision was dropped).
However, if local authorities have a record of „persistent under delivery of housing‟
20% of additional sites should be identified. There is no definition of „persistent under
delivery‟ (See separate report on this agenda)
Local planning authorities can set their own local parking standards
Local parking standards (as per the change to PPG 13 in 2010) are encouraged, and
needs to take account of the accessibility of development, the type, mix and use of
development; the availability of and opportunities for public transport; local car
ownership levels and an overall need to reduce the use of high-emission vehicles.
Good Design
The provisions for design are largely similar to that in the draft NPPF. Local and
neighbourhood plans should “develop robust and comprehensive policies that set out
the quality of development that will be expected in the area” although planning
policies and decisions should not attempt to “impose architectural styles or particular
tastes”. Local planning authorities are encouraged to use design codes and to have
local design review arrangements in place. Public consultation in design is important:
“Applicants will be expected to work closely with those directly affected by their
proposals to evolve designs that take account of the views of the community.
Proposals that can demonstrate this in developing the design of the new
development should be looked on more favourably”. The local requirement to
undertake pre application consultation before making a major Planning application is
now a national requirement.
3. PROCESS FOR REVIEWING POLICY AND MAKING DECISIONS IN THE
INTERIM.
The NPPF anticipates that Authorities with adopted Plans may need, or wish, to
update these and includes some transitional arrangements which outline the
government position in relation to how Plans might be changed to reflect the
Framework.
The Framework includes specific advice in relation to how to treat existing plans
which may or may not be fully aligned with the Framework. This states:
The policies in this Framework apply from the day of publication. This means
that the NPPF should be taken into account in all decisions.
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The National Planning Policy Framework aims to strengthen local decision
making and reinforce the importance of up-to date plans.
Planning law requires that applications for planning permission must be
determined in accordance with the development plan unless material
considerations indicate otherwise.
For the purposes of decision-taking, the policies in the Local Plan should not be
considered out of date simply because they were adopted prior to the publication
of this Framework.
However, the policies contained in this Framework are material considerations
which local planning authorities should take into account from the day of its
publication. The Framework must also be taken into account in the preparation
of plans.
Plans may, therefore, need to be revised to take into account the policies in this
Framework. This should be progressed as quickly as possible, either through a
partial review or by preparing a new plan.
For 12 months from the day of publication, decision-takers may continue to give
full weight to relevant policies adopted since 2004 even if there is a limited
degree of conflict with this Framework.
In other cases and following this 12-month period, due weight should be given to
relevant policies in existing plans according to their degree of consistency with
this framework (the closer the policies in the plan to the policies in the
Framework, the greater the weight that may be given).
The overall message is that Authorities have a period of 12 months in which to align
their policies with the NPPF following which the balance will shift from a process
which seeks to establish what weight should be given to the NPPF, to one which will
seek to determine the weight to be attached to any out of date policies. In short at the
end of the 12 month period the NPPF would appear to take precedence in the
decision making process. The Council will therefore need to consider the extent to
which adopted policies are aligned with the NPPF and what approach it intends to
take where policies may not be aligned. A number of approaches could be taken
ranging from a full review of the Core Strategy, partial review of some policies, or
applying more weight to the NPPF than the Core Strategy where a policy conflict
arises. The choice of approach should be determined by the extent of any policy
variation with the NPPF and where any significant changes are considered necessary
ensuring that the process allows for an appropriate degree of public participation. In
the case of either review or partial review, current advice from CLG is that this would
need to follow the current plan making regulations and include evidence
gathering/updating, sustainability appraisal, appropriate assessment, public
consultation, submission and Independent examination. Although not a key
determining factor it should be noted that resource is not currently available to
undertake policy reviews.
The Core Strategy seeks to encourage sustainable development, to meet a range of
identified needs in relation to housing, employment, community and infrastructure
development and to balance this with protection and enhancement of the built and
natural environment. The aims of the Strategy and strategic policies SS1-SS14,
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together with the potential for Neighbourhood Plans to be prepared, provide a sound
basis for development management in the District and are considered entirely
consistent with the NPPF. At a strategic level it is therefore considered that no
amended to the Core Strategy is necessary. However, at a more detailed level some
of the development management policies raise a number of issues which may require
action or further consideration.
Appendix B (copy enclosed for Working Party Members only but available to view
online) provides an initial overview of how the Core Strategy compares with the
NPPF and highlights areas which require further consideration. These include:
The Council‟s approach to rural affordable housing (exception schemes) and
the desirability or otherwise of including elements of market housing within
such developments.
The extent to which the Council should support new build employment
generating proposals in the Countryside.
The approach to the conversion of rural buildings to dwellings.
RECOMMENDATION
1. That the Working Party recommends to Cabinet that pending further
consideration the Council continues to apply full weight to adopted Core
Strategy policies as a basis for reaching decisions on planning
applications.
2. That in the first instance further consideration is given to the three policy
areas identified above.
3. That this report is presented to Members of the Development Committee as
an item for information.
(Source: Mark Ashwell, Planning Policy Manager ext. 6325)
PUBLIC BUSINESS – ITEM FOR INFORMATION
3.
Local Development Framework Progress Report
This report provides a general update in relation to the Local Development
Framework and related policy documents and the work of the Major Development
Team in relation to allocated Development Sites.
1. Introduction
This report provides a general update on the work of the Planning Policy and Major
Development Team.
2. Development Briefs
The four large scale mixed use sites allocated in the Site Allocations Development
Plan at North Walsham (HL Foods), Fakenham (land north of Rudham Stile Lane),
Holt (South of the A148) and Stalham (Church Farm) are subject to a policy
requirement that development should not proceed until such time as Development
Briefs have been prepared and approved.
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All four sites are being actively promoted for development by the land owners and in
the case of North Walsham, Stalham and Holt are either entirely or partly under
option/owned by regional house builders. In all four cases there have been various
levels of engagement with land owners, developers, agents and local communities in
relation to the preparation of Development Briefs. The current position is as follows:
North Walsham – Working with ATLAS an overall Vision for the development has
been prepared. Based on this vision Hopkins Homes are preparing a Brief for the site
with the intention that this will be subject to public consultation in the early summer.
The draft brief will be reported to the Working Party to seek authority to consult. An
application has been made under the New Anglia LEP Growing Places Fund for a
loan to assist with infrastructure provision.
Fakenham – A Draft Development Brief is currently subject to public consultation.
Stalham - Work is underway on an overall vision and Draft Brief and initial meetings
with local Members and Stalham Town Council were held in February. The draft brief
will be reported to the Working Party to seek authority to consult.
Holt – Work is underway on an overall vision and an initial meeting with
representatives of the Town Council was held on the 8th February. Draft Plans have
been prepared by the majority land owner as a basis for discussion with the Town
Council ahead of completion of a Development Brief and public consultation this
summer.
3. Site Development Guides
In addition to preparing Development Briefs the team is preparing Site Development
Guides for some of the smaller housing allocations. These have been produced for
the housing allocations at Horning and Overstrand. These Guides are intended to
provide the basis for pre application advice to prospective developers and do not
have the same status as formal development briefs or adopted Development Plan
policies. Each Guide provides an overview of the policy requirements applicable to
the site and an indication in relation to how the site might be developed. Preparation
of each guide has included consultation with the relevant Parish Council and input
from internal and external consultees.
4. Planning Applications and pre application discussions
Attached in Appendix C (copy enclosed for Working Party Members only but
available to view online) is a „Site Allocations Progress Tracker‟ which lists all the
sites included in the Site Allocations DPD and their current varying stages of
progress.
Since adoption of the DPD in February 2011 planning applications have been
submitted for four of the housing allocated sites. In Cromer a full planning permission
for 50 dwellings on land at Norwich Road (C17) was granted in March this year
following completion of a S.106 Agreement. The S.106 includes the requirement for
16 (32%) of the dwellings to be affordable. Further applications at Hoveton (HV03 –
full details for 120 dwellings) and Holt (HO1 – outline for 85 dwellings) have been
agreed by Development Committee subject to the completion of S.106 Agreements.
Both of these applications propose 45% of the dwellings to be affordable (subject to
viability in the case of the Holt site). In addition an outline application is currently
being considered for 26 dwellings in Horning (50% affordable housing proposed).
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In the coming few months full planning applications are expected to be submitted for
approximately 150 dwellings on land at Roughton Road, Cromer (C14) and at
Blakeney (BLA03) for 26 dwellings. The prospective developers of both of these
sites have recently undertaken local public consultation events. Indications have also
been given that in late summer / early autumn of this year applications will be
submitted for land off Ingham Road, Stalham (ST01 – approximately 160 dwellings)
and land off Mundesley Road, Overstrand (OVS04 – approximately 35 dwellings).
Recent enquiries have also been received regarding sites at Wells (W01 –
approximately 120 dwellings), Corpusty (COR01 – approximately 18 dwellings),
Little Snoring (SN01 – 15-20 dwellings) and Weybourne (approximately 6
dwellings). In these cases no clear indication has been given as to the likely
submission of a planning application.
5. Award of Neighbourhood Plan Funding
A grant of £20,000 has been made to the Council under the Neighbourhood Plans
front runners scheme to assist with a Neighbourhood Plan for Holt.
RECOMMENDATION:
The Working Party is asked to note the contents of this report.
(Source: Mark Ashwell, Planning Policy Manager Extn 6325)
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