This report introduces the publication version of the Swale Borough Local Plan.  The Plan has now been updated in accordance with the most up-to-date research, Members’ preferred response to earlier consultation findings; and current national planning policy.  If approved, the plan will be published and a final round of consultation.  It will be submitted with any consultation responses and all supporting evidence to the Planning Inspectorate early in 2015.

Appendix III and IV to follow.

Appendix V – uploaded 20.10.14

The Spatial Planning Manager introduced the report and drew attention to Appendix I, (Bearing Fruits 2031: The Swale Borough Local Plan Part 1: Publication Version December 2014), which if agreed would be submitted to the Planning Inspectorate.

The Spatial Planning Manager apologised that it had not been possible to publish Appendices III (Swale Borough Local Plan Sustainability Appraisal/Strategic Environmental Assessment) and IV (Swale Borough Local Plan Habitats Regulation Assessment) with the agenda due to delays by the consultants in providing them.  The Spatial Planning Manager advised that hard copies of Appendix V (Draft responses to representations made on Bearing Fruits 2031: The consultation draft Swale Borough Local Plan Part 1(August 2013)) were available to view in the Members’ Room and also online with the published agenda on Swale Borough Council’s (SBC) website.

The Spatial Planning Manager further reported that a Community Impact Assessment was also available to view in the Members' Room, Swale House.  She advised that the assessment had established that there were no issues to report.

The Spatial Planning Manager drew attention to paragraph 2.4 of the report which outlined the main changes to the Local Plan following the consultation on the Bearing Fruits (August 2013) draft; further policy and factual updates; and the final pieces of evidence base.

The Spatial Planning Manager advised that the first draft Proposals Maps were currently a work in progress but drafts were available for initial inspection at the meeting.

In response to Members’ request at the June 2014 meeting of the Panel, where a challenging Viability Assessment of the plan had been reported, the Spatial Planning Manager advised that further research had been undertaken on the possibility of commuting affordable housing.  The Spatial Planning Manager reminded Members about the  Viability Appraisal of the local Plan which had been considered by the Panel in June 2014.  The Spatial Planning Manager advised that further legal advice on the possibility of commuting some of the provision from the more viable Faversham and rural areas to the less viable areas of Sittingbourne and the Isle of Sheppey had been received, and the  advice was that a protocol would need to be included within Policy DM8 of the Local Plan to allow flexibility to pursue this, but a detailed protocol of how the policy would be implemented would need to be drawn up.  Officers had therefore amended Policy DM8 (Affordable Housing) and explained that this amendment would need to be supported within a Supplementary Planning Document (SPD).

In response to a concern from a Member, the Spatial Planning Manager advised that the protocol enabled more flexibility within the policy and did not mean that affordable housing could not be provided in Faversham, just that some of the amount could be commuted and provided elsewhere in the Borough, where need has been demonstrated; but challenging viability could militate against any provision being achieved at all. 

The Spatial Planning Manager explained that until such times as adoption of the Community Infrastructure Levy (CIL) Charging Schedule could be achieved, the Council should continue with its current practice of seeking Section 106 contributions to infrastructure where appropriate on development proposals of 10 or more dwellings, and that additional wording to support this should be included in the supporting text of Policy CP6 (Infrastructure).

The Principal Planner reported that English Heritage (EH) had submitted a strong objection to a planning application submitted in respect of Policy A2 for Castle Rough, a Scheduled Monument at land south of Kemsley Mill.  The Principal Planner advised that following further discussions with EH they had confirmed that their objections related to the detail of the planning application rather than the principle of the development.  The Principal Planner sought delegation from Members for the Head of Planning and Cabinet Member for Planning to agree final wording of Policy A2 and supporting text.

The Principal Planner reported that whilst the final versions of the Sustainability Appraisal (Strategic Environment Assessment) and Habitats Regulation Assessment  had still not been received, Officers did not anticipated any issues and advised that any minor re-wording required could be delegated to officers without the need to be considered by Panel. 

The Spatial Planning Manager reported that if Panel approved the recommendation to proceed to the publication stage of the plan it would then need to be considered by Cabinet on 5 November 2014, followed by Full Council on 26 November 2014.  The plan would then be put out for public consultation from 19 December 2014 to 30 January 2015.  The Spatial Planning Manager explained that submission of the plan, all its supporting evidence and any consultation responses received from the public during this phase would then be submitted to the Planning Inspectorate in spring 2015.  From this point on, the Planning Inspectorate would be chairing the Examination in public and dealing with representations.

In response to queries from Members the Principal Planner advised that the Faversham Creek bridge replacement would be a matter for the Faversham Creek Neighbourhood Plan to resolve, in consultation with Kent County Council (KCC).  With regard to the KCC Safeguarding Policy on ‘brick-earth’, the Principal Planner advised that the Policy had not yet been adopted and was the subject of outstanding objections so could not be referred to. 

In response to a query from a Member about development of appropriate local parking standards for Policy DM7 (Vehicle Parking), the Spatial Planning Manager advised that the Swale Borough Supplementary Planning Document would be included in the Local Development Scheme (LDS) (which was the work programme for Local Plan and supporting documents) rather than as infrastructure.  The LDS would need to be updated as soon as possible reflect this.

A Member stated that whilst he had reservations about parts of the Local Plan it was important that SBC submitted their plan to the Planning Inspectorate as quickly as possible.  He raised concern that currently developers were able to submit planning applications for development in unsuitable locations within Swale as there was currently no Local Plan.    

Following discussion and further advice from officers Councillor Gerry Lewin moved the following motions:

‘That the changes outlined to Policy DM8 (Affordable Housing) be agreed in respect of applying the policy to development proposals involving ten or more dwellings; and that an additional clause be added to the policy enabling the Council to seek a proportion of affordable housing closer to the assessed need levels, should there be evidence of an improved viability situation ahead of policy review.’ 

‘That additional wording be added to the supporting text of Policy CP6 (Infrastructure) to note that until such time as a CIL Charging Schedule can be adopted, the Council will continue its current practice of seeking Section 106 contributions to infrastructure where appropriate on development proposals of 10 or more dwellings.’

These were seconded by Councillor John Wright and on being put to the vote agreed.

Recommended:

(1)   That the Swale Borough Local Plan; and supporting Sustainability Appraisal and Habitats Regulation Assessment be recommended for approval for publication and subsequently submission to the Planning Inspectorate;

(2)  That the Implementation and Delivery Schedule be noted as part of the evidence base for the Local Plan;

(3)  That the responses to representations received on the draft Local Plan Bearing Fruits (August 2013) at Appendix V be agreed;

(4)  That the Community Impact Assessment be noted;

(5)  That the Head of Planning Services in consultation with the Cabinet Member for Planning be authorised to make any minor factual changes needed to update the plan prior to publication or submission;

(6)  That the Head of Planning Services in consultation with the Cabinet Member for Planning be authorised to make minor amendments which may be needed to acknowledge and address any points arising from the Sustainability Appraisal and Habitat Regulation Assessment;

(7)  That the changes outlined to Policy DM8 (Affordable Housing) be agreed in respect of applying the policy to development proposals involving ten or more dwellings; and that an additional clause be added to the policy enabling the Council to seek a proportion of affordable housing closer to the assessed need levels, should there be evidence of an improved viability situation ahead of policy review; 

(8)  That additional wording be added to the supporting text of Policy CP6 (Infrastructure) to note that until such time as a CIL Charging Schedule can be adopted, the Council will continue its current practice of seeking Section 106 contributions to infrastructure where appropriate on development proposals of 10 or more dwellings.