Local Development Framework Consultation

Dear Sir

Consultation on the Updated Proposed Schedule of Main Modifications to the Local Plan - Land Allocations Development Plan Document - Representations by Electricity North West Ltd

We write on behalf of Electricity North West Ltd (ENWL) to set out its representations on the Updated Proposed Schedule of Main Modifications to the Local Plan - Land Allocations Development Plan Document.

The stated closing date for receipt of the representations was 6th May 2013. Unfortunately as this was a Bank Holiday it was not possible to lodge them on that date. Nonetheless we trust they will be accepted as having been duly made given that they were lodged first thing today.

I can confirm that ENWL’s interest in the draft DPD stems from ownership of land in Kendal. This includes land in the Canal Head Area and other parts of the borough.

As requested ENWL’s representations concern only the Proposed Schedule of Main Modifications to the Local Plan - Land Allocations Development Plan Document (LADPD).

Where relevant we suggest changes to the proposed text or additional text as necessary.

Representations by ENWL

Ref. MM001 – Minor and Consequential Change to Main (Policy/paragraph 1.6, Page 9)

The proposed main modifications confirm that the draft LADPD local plan will not allocate land within a number of specified areas including Kendal Canal Head Area. This is because these areas will be covered through local plans specific to the areas in question.

The Council progressed work some years ago on a plan for the Canal Head Area, the Canal Head Area Action Plan (CHAAP). Although the plan remains draft as it was never adopted it has since it reached the equivalent of preferred options stage used for development management purposes and related planning decisions.

What is not clear from this part of the draft LADPD is whether it is the Council’s intention to progress the still draft CHAAP in its current form, i.e., this version of the plan will simply be resurrected and progressed to adoption or whether this plan will effectively be abandoned in favour of a new plan which will be drafted in future.

It would be helpful for the purposes of clarity and to assist future planning decisions if this could be confirmed in this section of the plan.

Ref. MM002 – Presumption in Favour of Sustainable Development (Policy/paragraph 1.23, Page 12)

ENWL acknowledges that draft LADPD was prepared before the National Planning Policy Framework (NPPF) was published, and accepts that key principles relating to the need to plan positively to meet identified needs have underpinned the plan making process from the start.

In determining planning applications, the draft LADPD confirms that the Council will apply the principles set out in NPPF regarding the need to be supportive of economic growth and the creation of jobs, high value jobs in particular.

An area where the principles of positive planning will be applied so as to ensure that necessary development takes place, including having regard to the employment benefits of uses which fall outside the employment use classes, and taking a flexible approach to high quality development where it can be shown to be essential to the delivery of employment sites and premises, is enabling development.

ENWL acknowledges that enabling development can have an important role to play in the delivery of employment opportunities particularly where an employment development might be marginal in terms of its value in commercial terms. As a consequence it is keen that this form of development is fully acknowledged in the plan as having the potential to assist in delivering development that might not otherwise proceed because it is not viable. In addition, ENWL sees it to be important that the draft LADPD acknowledges that sites which might offer the potential for enabling development to assist non-viable employment generating developments might be in areas of the borough which are not covered by the draft LADPD plan.

Ref. MM002 – Policy LA1.0 Presumption in Favour of Sustainable Development (Policy/paragraph 1.23, Page 12)

ENWL generally supports this draft policy given that it reflects the presumption in favour of sustainable development set out in NPPF.

Complementing the presumption in favour of sustainable development (as set out in NPPF), the NPPF encourages local planning authorities through their local plans to deliver a wide choice of high quality homes, indeed paragraph 47 of NPPF requires authorities ‘to boost significantly the supply of housing.’

As a consequence ENWL proposes the following changes (emboldened) to the second paragraph of the policy:

‘IT WILL ALWAYS WORK PROACTIVELY WITH APPLICANTS JOINTLY TO FIND
SOLUTIONS WHICH MEAN THAT PROPOSALS CAN BE APPROVED WHEREVER
POSSIBLE, AND TO SECURE DEVELOPMENT THAT BOOSTS SIGNIFCANTLY THE SUPPLY OF HOUSING, IMPROVES THE ECONOMIC, SOCIAL AND ENVIRONMENTAL CONDITIONS IN SOUTH LAKELAND.

Ref. MM009 – Viability Study (Policy/paragraph 2. (27A))

Any requirement for the likes of affordable housing and infrastructure contributions and other requirements to be provided through development should also to take into account whether the development is fully or partially enabling another development for which there is either plan support and/or which the Council wishes to support.

In essence it should be acknowledged in the text that the Council will consider whether it is appropriate to request what would otherwise be the normal full provision of, for example affordable housing, if the development in question falls within the category of enabling development.

Proposed change to this paragraph is as follows:

‘….and, taking account of the normal cost of development and mitigation, and whether the development is ‘enabling’ another development, has ensured that development……….’

I would be grateful if you would acknowledge receipt of these representations and take them into account as the draft LADPD progresses.

Thank you.

Yours faithfully


John Francis