Local Development Framework Consultation

0.0 Whole Document

Yes

Yes

[NOTE: The submitted officer response detailed below has subsequently been ratified by the Cabinet - details of the Cabinet report are attached for information]

Proposed Submission Land Allocations Development Plan Document For your information, please find attached an officer response to the Proposed Submission Land Allocations Development Plan Document. These comments have yet to be ratified by Cabinet members and therefore this is not the formal response of Cumbria County Council.

1. Is the Proposed Submission Land Allocations Development Plan Document Legally Compliant?
Is the Proposed Submission Land Allocations Development Plan Document contained within the Local Development Scheme?
Yes [X]
South Lakeland District Council adopted a revised Local Development Scheme on 18th January 2012; this adoption superceded the previous Local Development Scheme, which was published in March 2010.

The Land Allocations Development Plan Document is identified as part of the wider Local Development Framework within Chapter 2 (‘Introduction’) and Chapter 4 (‘Local (LDF) Outline’) of the Local Development Scheme.

Appendix 1 of the Local Development Scheme provides the details for all of the Local Development Documents. As part of this, a description of the Land Allocation Development Plan Document is provided, as well as an analysis of its relationship with other plans and policies. A programme detailing the key stages of the document production is outlined as is the arrangements for post-production monitoring and review. The programme of key stages is detailed
diagrammatically in Appendix 4 through a Gantt Chart.

It is therefore considered that South Lakeland District Council have appropriately identified the Land Allocations Development Plan Document within their Local Development Scheme. However, a minor point should be made that the brief description of the Land Allocations Development Plan Document within Appendix 1 (page 12 of the Local Development Scheme) states that “this includes a list of allocations for specific developments including housing, employment and open space to cover development needs between 2003 and 2021”. However, the Land Allocations Development Plan Document will cover the period 2003-2025 in order to be consistent with the
adopted Core Strategy. This error should be addressed.

Has the process of consultation regarding the Proposed Submission Land Allocations Development Plan Document been carried out in accordance with the adopted Statement of Community Involvement?
Yes [X]
South Lakeland District Council adopted their Statement of Community Involvement on 13th September 2006. In order to comply with legislation changes made in the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008, an addendum was approved by South Lakeland District Council on 27th November 2008.

The Statement of Community Involvement explicitly states that South Lakeland District Council will work with Cumbria County Council “to advise and assist in community engagement on the LDF, particularly the Site Allocations DPD” (paragraph 1.9). Appendix C identified the County Council as a consultee to the Local Development Framework process.

Throughout the production of the Land Allocations Development Plan Document, South Lakeland District Council has worked closely with Cumbria County Council. South Lakeland District Council engaged Cumbria County Council at an early opportunity in 2009 by informally consulting officers at the County Council. As the document developed, South Lakeland District Council continued to involve County Council officers in decision making in relation to identified sites which were then reported to Cabinet at the formal consultation stages. This approach to consultation is in accordance with the ‘Stages in Document Preparation’ as outlined in paragraph 3.6 of the Statement of Community Involvement.

Therefore, it is considered that South Lakeland District Council has consulted Cumbria County Council in accordance with the adopted Statement of Community Involvement.

Does the Proposed Submission Land Allocations Development Plan Document comply with the relevant Regulations?
Yes [X]
The Town and Country Planning (Local Planning) (England) Regulations 2012 came into force on 6th April 2012. This replaces the previous legislation of the Town and Country Planning (Local Development) (England) Regulations 2004 and the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008.

It is considered that South Lakeland District Council has complied with all of the relevant regulations. South Lakeland District Council consulted Cumbria County Council under Regulation 18 (which was Regulation 25 under the previous legislation) in January 2011 and August 2011, when they released their consultations entitled ‘South Lakeland District Council Land Allocations
Development Plan Document – Emerging Options’ and ‘South Lakeland District Council Land Allocations Development Plan Document – Further Consultation’.

Regulation 19 (was Regulation 27) relates to the publication of the Development Plan Document prior to the submission of the document to the Secretary of State. South Lakeland District Council conformed to this regulation as they had informed Cumbria County Council of the location of the
consultation documents on their website and made it clear to Officers that paper copies of the document were available at various South Lakeland District Council offices and libraries should they be required.

Regulation 20 (was Regulation 28) is the stage where South Lakeland District Council is currently with their Development Plan Document preparation. This is the consultation exercise on the documents published under Regulation 19. South Lakeland District Council notified Cumbria County Council of the consultation and provided six weeks for responses.

Has the Sustainability Appraisal baseline information produced for the Proposed Submission Land Allocations Development Plan Document been used to inform the process and the outcomes of that process?
Yes [X]


South Lakeland District Council produced a Sustainability Appraisal in January 2012. This sought to promote sustainable development through the consideration of social, economic and environmental implications during the site selection process, which occurred through the preparation of the Land Allocations Development Plan Document.

The Sustainability Appraisal has seemingly informed the site selection process as part of the production of the Land Allocations DPD. A Sustainability Appraisal was carried out on each site following an identified framework and methodology. A scoring system was implemented following
the Scoping Report of the Sustainability Appraisal, which assessed each site on criteria such as: access to services and facilities; potential development effects on the natural and built environment; and flood risk.

It is generally considered that South Lakeland District Council has appropriately and successfully applied the processes identified in the Sustainability Appraisal to the site selection process as part of the Land Allocations Development Plan Document production. However, it should be noted that two proposed allocated sites do not appear to be included in the Sustainability Appraisal; these are RN125 (Levens) and EN117 (Storth).

Does the Proposed Submission Land Allocations Development Plan Document give regard to the Sustainability Community Strategy?
Yes [X]
The Proposed Submission Land Allocations Development Plan Document identifies a set of criteria which was applied when deciding what sites should be developed and when (paragraphs 2.21- 2.23). Within this, one of the criterion for site selection was “local and wider community views including those expressed through…the Sustainable Community Strategy”.

The ‘South Lakeland Sustainability Community Strategy (2008-2028)’ was prepared by the South Lakeland Strategic Partnership, which consists of members of local authorities, public bodies, local businesses and people who are part of the voluntary and community sectors.

This Sustainable Community Strategy seeks to identify short term and long term issues within the district, which are a priority for all the members of the South Lakeland Strategic Partnership and to bring them all together into one document.

As a whole, the document aims to support sustainable communities and seeks to do this by offering affordable housing, good public transport, health services, hospitals, shops and a clean, safe environment. It also seeks to encourage the provision of open public space so that residents can relax and interact.

The Sustainable Community Strategy also seeks to protect the natural environment and its heritage and landmarks of the District.
The Strategy specifically refers to the fact that South Lakeland District Council will help to address the issue of affordable housing in the district through the Local Development Framework process.

It also states that they will encourage communities to become involved in local decision making through adopted Statement of Community Involvement documents. South Lakeland is also seeking to provide an increased supply in the quality of employment sites.

It is considered that South Lakeland District Council has appropriately considered and referred to the South Lakeland Sustainable Community Strategy. By allocating sites for affordable housing, employment and green open space, they have sought to address the community issues raised within the Sustainable Community Strategy.

The sites proposed as allocations have been chosen on the basis that they would not create significant damage to the districts natural and built environment. In discussing the proposed site allocations with officers from South Lakeland District Council, Cumbria County Council has sought to ensure that sites are considered sustainable in terms of access to local services by pedestrians and cyclists. The Cumbria Strategic Partnership produced a ‘Cumbria Community Strategy (2008-2028)’, which builds on the Sustainable Community Strategies produced by some of the Cumbrian districts (Barrow, Carlisle, Eden and South Lakeland) and the Lake District National Park Authority. In addition to the local issues identified in these district strategies, the Cumbria Community Strategy provides a long term spatial vision for the county which is set out in the Cumbria Sub-Regional Spatial Strategy (2008-2028).

Whilst the Proposed Submission Land Allocations Development Plan Document does not specifically refer to the Cumbria Community Strategy, it will contribute to the strategic visions of the Strategy, should it be adopted. By proposing to allocate sustainable sites for housing (including affordable housing), employment and open spaces, South Lakeland District Council will meet the strategic aims of creating: healthier communities; safer communities; a sustainable economy; and effective connections between people and places.

As a note, the principles of the Cumbria Sub-Regional Spatial Strategy have been adequately reflected in the Proposed Submission Land Allocations Development Plan Document.

2. Is the Proposed Submission Land Allocations Development Plan Document Justified? Is the Proposed Submission Land Allocations Development Plan Document founded on a robust and credible evidence base?
Yes [X]
South Lakeland District Council has used a comprehensive evidence base to support the Proposed Submission Land Allocations Development Plan Document. The evidence base covers issues including: retail; infrastructure; housing; landscape; biodiversity; renewable energy; Gypsy and Travellers; employment land; caring for older people; and air quality.

The documents put forward as part of the evidence base are considered to be robust and credible.

Generally, South Lakeland District Council has used a relatively up-to-date evidence base. Where they have felt it necessary, South Lakeland District Council has updated the evidence bases for issues such as retail and infrastructure. The evidence base documents have been written by three sources: consultants; South Lakeland District Council and Cumbria County Council. Cumbria County Council has provided documents which are independent in nature and based on impartial evidence.

Cumbria County Council welcomes the use of strategic documents (some which were jointly produced) such as: the Cumbria Landscape Character Guidance and Toolkit; the Cumbria Renewable Energy Capacity and Deployment Study; and the Kendal LDF Transport Study Revised Modelling Results. South Lakeland District Council has also used County Council produced POPGROUP modelling forecasts in their Housing Need and Demand Study and their Strategic Housing Market Assessment. However, it is felt that South Lakeland District Council should have also included strategic planning policies from the Cumbria and Lake District Joint Structure Plan and the Sub-Regional Spatial Strategy.

There are two further documents which are omitted from the evidence base which should be included. The South Lakeland Sustainability Community Strategy (2008-2028) is not included as part of the evidence base, even though it is one of the documents which was used as part of the site selection process. Another document which should have been included as part of the evidence base is the Annual Monitoring Report for the monitoring year 2010-2011. This would have provided evidence on employment, housing and retail amongst other issues and indicators.

Subject to these omissions being resolved, it is suggested that the Proposed Submissions Land Allocations Development Plan Document is broadly founded on a robust and credible evidence base.

Is the Proposed Submission Land Allocations Development Plan Document considered to be the most appropriate strategy when considered against the reasonable alternatives?
Yes [X]
The sites included as part of the Proposed Submission Land Allocations Development Plan Document are generally considered to be the most appropriate sites for development. The Proposed Submission Land Allocations Development Plan Document is in line with Core Strategy Policy CS1.2, which identifies where development should be concentrated/guided within the district.

As part of the development of the Land Allocations Development Plan Document, South Lakeland District Council has taken the opportunity to review the development boundaries for settlements in Principal, Key and Local Service Centres. The new settlement development boundaries include:
existing housing, shopping and other urban uses; recreational open space; and land proposed for allocation for housing, employment or other urban or village use amongst other criteria. Therefore, the majority of proposed allocation sites are included within a settlement boundary and this should promote sustainable development within settlements. Where allocated sites are not included inside the development boundary, they are generally acting as infill or extension sites to existing development, and are therefore considered to be acceptable locations. In order to maximise the level of sustainable development, it is understood that South Lakeland District Council sought to prioritise the use of brownfield land; this approach is fully supported.
Where sites were proposed as part of the Emerging Options stage, Cumbria County Council provided comments at a site specific level on archaeological and highways grounds. Strategic level comments were also provided on biodiversity, adult social care and school organisation. Where sites were deemed to be unacceptable in principle for development, South Lakeland District Council noted the comments provided by Cumbria County Council, and made a decision about their inclusion in the Development Plan Document. Where the Highways Authority strongly objected to a proposed site, it was removed from the document. Overall it is considered that South Lakeland District Council has fully taken into account the County Council’s comments.................

It is considered that the options included within the Proposed Submission Land Allocations Development Plan Document are generally the most appropriate from a strategic perspective.

3. Is the Proposed Submission Land Allocations Development Plan Document Effective? Is the Proposed Submission Land Allocations Development Plan Document effective in that it is deliverable, flexible and suitable for monitoring?
Yes [X]
The Proposed Submission Land Allocations Development Plan Document allocates sites up until 2025; this is consistent with the Core Strategy and in accordance with the adopted plan period. Generally, the Proposed Submission Land Allocations Development Plan Document is in accordance with the land allocations proposed in Core Strategy policies CS6.1 (‘Meeting the housing requirement’) and CS7.2 (‘Type of employment land required and sectoral split’). South Lakeland District Council responded to the representations of Cumbria County Council in ensuring the time period of the Core Strategy and Site Allocations documents are consistent. South Lakeland District Council has assessed the proposed allocation sites to provide an indicative phasing schedule; this schedule states if the sites are likely to come forward in 2012- 2017, 2017-2022 or 2022-2025. Part of this assessment included the identification of the infrastructure capacity, which looks at how much development can be accommodated by the existing infrastructure, and whether enhancements are needed............

The policies included within the Proposed Submission Land Allocations Development Plan Document identify how each policy will be monitored. All of the policies will be monitored through the monitoring framework identified in the adopted Core Strategy. Using the identified indicators, it is considered that South Lakeland District Council will be able to effectively monitor the proposed policies and put in place measures where required. It should be noted that Policy LA1.5 (‘Existing Employment Areas’) does not have an identified monitoring process.

On the basis of the above comments, it is considered that, overall, the Proposed Submission Land Allocations Development Plan Document is deliverable, flexible and suitable................

4. Is the Proposed Submission Land Allocations Development Plan Document consistent with national planning policy?
Yes [X]
The overall aim of the National Planning Policy Framework is to promote sustainable development. The National Planning Policy Framework outlines three dimensions to sustainable development which planning can help to deliver. The three dimensions are: an economic role; a social role; and an environmental role. The Proposed Submission Land Allocations Development Plan Document can help to meet these dimensions by: ensuring that sufficient land of the right type is available in the right places to encourage a competitive economy; by providing the supply of housing required to meet the needs of present and future generations to support strong, vibrant and healthy
communities; and protecting and enhancing the natural, built and historic environment.

The National Planning Policy Framework states that “Local Plans should meet objectively assessed needs” (paragraph 14). The adopted Core Strategy and the documents provided as part of the evidence base objectively assessed the needs of the District in terms of housing and employment land. The production of the Proposed Submission Land Allocations Development Plan Document is likely to meet the identified need outlined in the adopted Core Strategy and the evidence base documents. The proposed submission document seeks to “proactively meet the needs of business and support an economy fit for the 21st Century” (paragraph 20). It is considered that the broad thrust of the Proposed Submission Land Allocations Development Plan Document is consistent with national policy....

As South Lakeland District Council has proposed allocation sites for affordable houses and extra care housing, as well as open market housing, they are seeking to deliver a wide choice of high quality homes; this is in accordance with Section 6 of the National Planning Policy Framework. The use of indicative phasing in Tables 1A and 1B identifies “a supply of specific, developable sites or broad locations for growth, for 6-10 years and, where possible, for years 11-15” (paragraph 47).

The National Planning Policy Framework states that “inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk” (paragraph 100). When determining sites for allocation, South Lakeland District Council avoided allocating sites which were classed as within Flood Zone 3b. They also avoided allocating sites where development would harm a protected site or species (Section 11 of the National Planning Policy Framework) and where development would prevent the use of important mineral resources (Section 13 of the National Planning Policy Framework).
The National Planning Policy Framework has a section focussed on plan-making. The Proposed Submission Land Allocations Development Plan Document outlines development sites for a 15 year period, consistent with paragraph 157.

The National Planning Policy Framework and the Localism Act introduce the ‘Duty to Co-Operate’ where adjacent or county/district authorities are required to engage to develop strategic policies. South Lakeland District Council has engaged Cumbria County Council effectively with regards to strategic planning and highway matters.

On the basis of the above, it is considered that the Proposed Submission Land Allocations Development Plan Document is consistent with national planning policy.

5. Has the Proposed Submission Land Allocations Development Plan Document been positively prepared?
Yes [X]
No [ ]
The new National Planning Policy Framework (March 2012) has introduced an additional ‘test of soundness’ which is to assess if Development Plan Documents have been positively prepared. This means that the Examiner will consider if the Proposed Submission Land Allocations Development Plan Document has been “prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements”. In this instance, the Proposed Submission Land Allocations Development Plan Document should be based on the requirements identified in the adopted Core Strategy, where these matters have been properly assessed.

South Lakeland District Council’s Core Strategy was adopted in October 2010; this contains a Core Strategy requirement to deliver 400 dwellings and four hectares of employment land in the district per annum. This Proposed Submission Land Allocations Development Plan Document identifies where the sites are allocated in the district in order to substantially contribute to achieving these targets.

Tables 1A and 1B of the Proposed Submission Land Allocations Development Plan Document identifies how the Core Strategy requirements for housing will be balanced at a settlement level. The data included in these tables is consistent with the need identified in the Core Strategy. Over the plan period (2003-2025) the tables identify a need for 8,800 homes, which is an average of 400 dwellings per annum. The table also identifies where the affordable housing need is required at a settlement level.

Table 2 identifies where the employment land is planned to be allocated at a settlement level in order to meet the Core Strategy requirement. The table shows that 60 hectares of employment land will be development between 2010 and 2025; this equates to the Core Strategy requirement of four hectares per annum. The Core Strategy stipulates that 20 hectares of this development would be required in Kendal. The Core Strategy states that nine hectares will be needed for strategic employment needs, nine hectares will be needed for offices and high-tech industries and two hectares will be required for general employment needs. The Proposed Submission Land Allocations Development Plan Document states that nine hectares have been allocated as strategic employment sites and two hectares for local employment sites. Table 2 in the Proposed Submission Land Allocations Development Plan Document states that eight hectares have been allocated for business-science park uses; after speaking with an officer at South Lakeland District
Council, Cumbria County Council has been informed that this should read as nine hectares. It is considered that the table of employment allocations is consistent with the Core Strategy and addresses the identified and evidenced deficit in Kendal.

Therefore it is considered that South Lakeland District Council has positively prepared their Proposed Submission Land Allocations Development Plan Document in line with the Core Strategy. It is considered that these levels of proposed development will promote economic growth within the district in a sustainable manner, in accordance with the strategic requirements of the adopted Core Strategy.

LA1.6 Strategic Employment Sites

No

As an aside, there are three policies within the Proposed Submission Land Allocations Development Plan Document which are preceded by the word ‘Draft’; these are Policy LA1.6 (‘Strategic Employment Sites’), LA1.7 (‘Business and Science Park Sites’) and LA2.9 (‘Strategic Employment Allocations, Kendal’). Should the document been adopted, it is recommended that the word ‘draft’ be deleted so as not to prejudice the soundness of the policies.

LA1.7 Business and Science Park Sites

No

As an aside, there are three policies within the Proposed Submission Land Allocations Development Plan Document which are preceded by the word ‘Draft’; these are Policy LA1.6 (‘Strategic Employment Sites’), LA1.7 (‘Business and Science Park Sites’) and LA2.9 (‘Strategic Employment Allocations, Kendal’). Should the document been adopted, it is recommended that the word ‘draft’ be deleted so as not to prejudice the soundness of the policies.

LA2.9 Strategic Employment Allocations, Kendal

No

As an aside, there are three policies within the Proposed Submission Land Allocations Development Plan Document which are preceded by the word ‘Draft’; these are Policy LA1.6 (‘Strategic Employment Sites’), LA1.7 (‘Business and Science Park Sites’) and LA2.9 (‘Strategic Employment Allocations, Kendal’). Should the document been adopted, it is recommended that the word ‘draft’ be deleted so as not to prejudice the soundness of the policies.

3.7

Yes

Cumbria County Council produced a report entitled ‘Kendal LDF Transport Study – Revised Modelling Results’ (January 2012). This report considered the potential highways impacts of proposed land allocations in Kendal to 2022 which consisted of 20.4 hectares of net site area for employment development over six sites and 1,802 residential units across 21 sites.

Overall, the model showed that the level of congestion resulting from LDF development can be mitigated to a level no worse than base scenario. However, it is important to note that even with mitigation measures being put in place, some junctions will continue to operate over capacity. Further modelling work needs to be undertaken in order to assess the junction improvements required at certain junctions, and then an assessment can be made on the impact on the wider highway network in Kendal. It is suggested that this work should be undertaken in association with developers and Cumbria County Council when the sites are progressed so that detailed junctions are designed appropriately.

Notwithstanding this point, it is considered that the sites are deliverable in highways terms provided that appropriate mitigation measures, where relevant, are put in place when the sites are developed.

2.33

Yes

The Proposed Submission Land Allocations Development Plan Document does not provide residential allocations for small villages and hamlets. Any development coming forward for these settlements is likely to be related to local need and predominantly on small sites; the Proposed Submission Land Allocations Development Plan Document is flexible in this respect. By avoiding allocating sites in smaller settlements, they are not constraining development that might be needed in such settlements. The document refers to neighbourhood planning powers, which will allow rural communities to bring forward proposals themselves.

LA1.5 Existing Employment Areas

Yes

It should be noted that Policy LA1.5 (Existing Employment Areas) does not have an identified monitoring process

LA1.3 Housing Allocations

Yes

Policy LA1.3 (‘Housing Allocations’) lists the sites identified on the Proposals Map which are allocated for housing development. It is suggested that a similar policy is created which lists the sites allocated for mixed use development in the District. This would create important links between the Proposals Maps and the Development Plan Document and would be useful for clarification purposes when cross-referencing between the policies and the maps.

LA3.3 Mixed Use Allocation at Guide's Lot, Grange-over-Sands

Yes

LA1.2 Town Centre Boundaries

Yes

With regard to specific relevant points in the National Planning Policy Framework, Policy LA1.2 (‘Town Centre Boundaries’) seeks to maintain and enhance the vitality, viability and sustainability of the District’s town centres which is in line with section 2 of the National Planning Policy Framework.

2.18

Yes

However, the Proposed Submission Land Allocations Development Plan Document fails to mention the approach South Lakeland District Council will take with regard to windfall sites. As the Proposed Submission Land Allocations Development Plan Document provides sites to meet the identified Core Strategy requirement, South Lakeland District Council should identify what they will do should windfall sites come forward. The approach is included in Appendix 1 of the adopted Core Strategy; however, it is suggested that it would be appropriate for South Lakeland District Council to refer to their policy for windfalls in their Land Allocations Development Plan Documents.