To submit the
Planning Policy Manager’s report
Minutes:
Nia Haf
Davies gave a presentation about:
The purpose of Supplementary Planning Guidance
The process thus far
Next steps and timetable
APPENDIX 1
- MAINTAINING AND CREATING UNIQUE AND SUSTAINABLE COMMUNITIES
It was
noted that the process of preparing this Guidance from a Gwynedd Council
perspective was the subject of a Scrutiny Investigation led by a Scrutiny
Working Group. The Scrutiny Working Group presented its recommendations to the
Communities Scrutiny Committee. Its report included the recommendations, the
response of the Local Development Plan Panel (meeting 26 March 2018), its
response to the Panel's observations, and further questions and observations -
see table 3 of Appendix 4 to the report to the Joint Planning Policy Committee.
It was noted that the Communities Scrutiny Committee had approved the Working
Group's recommendations. The Chair of the Communities Scrutiny Committee was
invited to present those recommendations and the reasons for their inclusion in
the Joint Planning Policy Committee.
Matters
raised:
It was
noted that accepting recommendations 1 and 1A would create a new policy and the
procedure would not comply with regulations that set statutory thresholds for
pre planning application public consultations. It was explained that amending
the Guidance in accordance with recommendations 1 and 1A would lead to a
significant risk that operating in accordance with the Guidance would be
subject to a court challenge, and a risk that Policy PS1 would not be given
appropriate weight in case of appeal against a decision to refuse a planning
application based on it and the Guidance. If using the Guidance were subject to
a court challenge, the Councils would lose their right to use it, with a
substantial risk of a decision being made to revoke the Guidance because it
goes beyond its remit.
In response
to an observation about amending Policy PS1, it was explained that Local
Development Plan Regulations were in place, which provided a statutory
procedure for so doing. This would entail following the annual monitoring
arrangement, evaluating the evidence from the monitoring work, then deciding
whether there were grounds for starting the work of amending the strategy
and/or the policies of the Plan. When determining grounds for amendments, a
statutory procedure would have to be followed - creating a draft version,
public consultation, public enquiry, and then adopting the amended plan.
It was
proposed that a letter be sent to Welsh Government enquiring about the policy
amendment procedure within a plan and the ability, or not, to change the
threshold for requiring a pre planning application statutory public
consultation.
The need to
ensure that the content of the Guidance was sufficiently robust to be published
for a public consultation was noted. It was suggested that the Committee could
delegate the right for officers to commission a qualified multidisciplinary
consultant to undertake a critical appraisal of the Guidance. The scope of the
work was suggested:
Summarise and evaluate the advice and guidance provided in Section 2 with
regard to applying Policy PS1 of the Plan during the pre and post planning
application stages.
Analyse the Plan in a balanced way and note its strengths and weaknesses. The
purpose of a critical evaluation was not to highlight the negative aspects
only.
Look
at the Guidance and evaluate its success in light of its purpose.
Suggest the types of questions a consultant should ask him/herself when
undertaking the work, e.g. what is the aim of the Guidance? Has the aim been
fulfilled? The Guidance refers the applicant and the competent person to
information sources - are there any other sources? What is the structure of
Section 2 of the Guidance? Is it effective? Is the methodology in Appendix 7
and in Appendix 8 effective?
Recommend changes as required.
It was
agreed that commissioning the work would be a sensible way forward.
Decision:
i. Authorise relevant Senior Officers to write to Welsh Government on
behalf of both Authority’s Planning Services to enquire about the rights to
change policy within a local development plan and the rights to change the
threshold to impose a requirement to hold a pre planning application public
consultation for five houses in villages and the countryside rather than for
ten houses;
ii. Authorise relevant Senior Officers on
behalf of both Authority’s Planning Services to commission qualified external
experts to undertake a critical evaluation of the Supplementary Planning
Guidance: maintaining and creating unique and sustainable communities, and
specifically Section 2 of that Guidance.
APPENDIX 2
- SUPPLEMENTARY PLANNING GUIDANCE: HOUSING MIXTURE
Presentation
by Nia Haf Davies explaining the changes to the guidance since its
introduction
to the Joint Local Development Plan Panel on 22 March 2018.
Decision:
Approve the publication of the Guidance for
public enquiry
APPENDIX 3
- SUPPLEMENTARY PLANNING GUIDANCE: TOURIST ATTRACTIONS AND ACCOMMODATION
Presentation
by Nia Haf Davies explaining the changes to the guidance since its introduction
to the Joint Local Development Plan Panel on 22 March 2018.
Decision:
Approve the publication of the Guidance for
public enquiry
Supporting documents: