TO: EXECUTIVE
19 OCTOBER 2021
REVISED LOCAL DEVELOPMENT SCHEME
2021 - 2024
Director of Place, Planning and Regeneration
1 PURPOSE OF REPORT
1.1 The purpose of this report is to seek the Executive’s approval to bring a revised Local Development Scheme (LDS) into effect covering the period 2021 - 2024.
1.2 The Council’s work programme for preparing local plans is set out in the Local Development Scheme. The current LDS (2021-2024), February 2021 sets out timetables for the preparation of the:
· Bracknell Forest Local Plan,
· Joint Minerals and Waste Local Plan (covering Bracknell Forest, Wokingham Borough, Royal Borough of Windsor and Maidenhead and Reading Borough), and
· Policies Map.
1.3 Due to changes in circumstance since the current LDS was agreed, particularly around the submission of the Bracknell Forest Local Plan, it will not be possible to meet the outstanding milestones set out in the document.
2 RECOMMENDATION
2.1 That the Executive resolves that the Local Development Scheme 2021 – 2024 (October 2021), attached as Appendix A, shall come into effect on 27th October 2021.
3 REASONS FOR RECOMMENDATION
3.1 The Council is required to maintain an up to date LDS on its website. Preparation and approval of an up to date LDS aims to give residents, businesses and potential investors a clear indication of the timetable that the Council is working to in respect of the production of local development documents. It provides a starting point for stakeholders to see at what stages they can get involved in compiling these documents. The current version of the LDS does not contain up to date timetables for the local plans that are being prepared.
4 ALTERNATIVE OPTIONS CONSIDERED
4.1 The option of not updating the LDS has been considered, but there is a statutory requirement[1] for an up to date LDS. Due to the changes set out below, it is not possible to keep to the timelines set out in the current LDS. Additionally, not publishing an up to date LDS would mean a lack of clarity for local residents, developers and the business community about the Council’s intended approach to producing planning policies to guide future development.
5 SUPPORTING INFORMATION
Background
5.1 National policy requires each local planning authority to have succinct and up-to-date local plans for the future development of their local areas. There is a statutory requirement[2] to review policies in local plans and to assess whether they need updating at least once every five years. They should then be updated as necessary. Account must be taken of changing circumstances affecting an area, or any relevant changes in national policy.
5.2 The Development Plan for the Borough currently comprises the following documents:
· South East Plan (May 2009) – Thames Basin Heaths Special Protection Area Policy NRM6 only
· Saved policies in the Bracknell Forest Borough Local Plan (BFBLP) (2002)
· Core Strategy (February 2008)
· Saved policies in the Replacement Minerals Local Plan (2001) and Waste Local Plans (1998)
· Site Allocations Local Plan (SALP) (2013)
· Policies Map (2013)
Local Development Scheme agreed in February 2021
5.3 The current LDS (February 2019) identifies programmes for the preparation and adoption of the following new documents:
· Bracknell Forest Local Plan (target date for adoption: Spring 2022)
· Joint Minerals and Waste Local Plan (target date for adoption: Winter 2021/Spring 2022 )
· Policies Map (to be progressed alongside the timetables for the Bracknell Forest Local Plan and the Joint Minerals and Waste Local Plan).
Changes since the February 2921 LDS was brought into effect
Bracknell Forest Local Plan
5.4 Whilst much work has already been undertaken, progress on the Bracknell Forest Local Plan has been delayed for a number of reasons which are summarised below:
· Extension of the originally planned consultation period to allow more time for responses to be submitted.
· Further Duty to Co-operate work has been undertaken with relevant bodies.
· Time taken to prepare proposed modifications to the plan and carry out sustainability appraisal of them.
· The need for updated/more evidence on certain issues due to contextual changes and the publication of new data.
Joint Minerals and Waste Local Plan
5.5 This plan has now been submitted and examination hearings were held in September 2021. The programme has been slightly modified to reflect progress to date but the key milestones have not changed.
Suggested new timeline
5.7 Due to the changes in circumstance summarised in paragraph 5.4 new dates for subsequent milestones of the Bracknell Forest Local Plan are required. The suggested timescales are set out below, although they incorporate some flexibility should circumstances change. They will also depend in part on the availability of a suitable planning inspector to carry out the Local Plan Examination.
Bracknell Forest Local Plan
· Submission: Autumn 2021
· Examination: Autumn/Winter 2021/22
· Report to Council/adoption: Summer/Autumn 2022
Joint Minerals and Waste Local Plan
· Examination: Autumn/Winter 2021/22
· Report to Council/Adoption: Early Summer 2022
Policies Map
A Policies Map must also be produced which illustrates geographically how the policies in the Local Plans will be applied. This will be developed alongside the relevant plans.
6 CONSULTATION AND OTHER CONSIDERATIONS
Legal advice (to be confirmed)
6.1 Section 15 of the Planning and Compulsory Purchase Act 2004 (as amended) requires local planning authorities to prepare and maintain an LDS. This must specify (amongst other matters) the development plan documents that are under preparation, including the subject matter and geographical areas to which they relate. To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect. The LDS must be made publicly available through the publication on a web site and kept up to date.
Financial advice (to be confirmed)
6.2 The costs of developing the local plans, including staffing requirements, consultancy, consultation and examination will be met through existing budgets which have been reviewed and amended as part of the 2021/22 budget setting process to fully accommodate the programme costs. In the case of the Joint Minerals and Waste Local Plan, Bracknell Forest Council, Wokingham Borough Council, Royal Borough of Windsor and Maidenhead and Reading Borough Council have commissioned Hampshire Services to prepare the Plan on their behalf. The cost of the project is being shared equally amongst the four Authorities.
Equalities Impact Assessment
6.3 Since this report concerns amendments to timetables for committed local plans, rather than new local plans, it is not necessary to complete an Equalities Screening Record Form.
Strategic Risk Management Issues
6.4 The main risks to achieving and implementing the LDS timetable are the potential for further national legislative, policy and guidance changes, and the timetable for examination of Local Plans being set by the Planning Inspectorate (and not by BFC).
Consultation requirements
6.5 There is no statutory requirement to consult on an LDS due to the nature of the document.
6.6 Local plans have to follow prescribed procedures and are subject to wide public consultation and ultimately independent public examination before they can be adopted. Various methods of engagement have already been used, including exhibitions, leaflets, the Council’s website, letters and press releases, as appropriate. A considerable amount of consultation has already been undertaken on both local plans and their associated evidence base studies.
Appendices
Appendix A Local Development Scheme 2021 – 2024
Background Papers
Local Development Scheme 2021 – 2024 (February 2021 version)
https://www.bracknell-forest.gov.uk/planning-and-building-control/planning/planning-policy/about-planning-policy
Contact for further information
Max Baker, Head of Planning – 01344 351902