A guide to Local Development Frameworks
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Introduction

As part of the new planning system in England, local authorities were to have prepared a 'local development framework' by 2007. But this proved impossible and each authority has had to set a timetable approved by the Government Office. This can be found in the Local Development Scheme. The new system replaces existing development plans, such as local plans and unitary development plans, which provide the basis for determining planning applications and future development in your area.

The new ‘two-tiered’ plan system consists of

Regional Spatial Strategy, in this region the East of England Plan ( RSS14). A strategy for how the region should develop until 2021.

Local development frameworks- a folder of local development documents prepared by District councils, unitary authorities or national park authorities outlining the strategy for the local area.

These replace the old three tier system of Regional Planning Guidance, Structure Plan and Local Plan.

The framework will include the policies, proposals and other documents about land use and spatial planning in your area.

The local development frameworks will be critical for the future of our towns, countryside and quality of life. It is vital that we all campaign to get policies and proposals adopted in our area that genuinely value the countryside and the environment - policies and proposals about the conservation of places, energy, resources and nature, landscapes, housing, design, quarries and much more.

Local development frameworks

Why the framework matters?

Your local development framework will shape those aspects of quality of life that can be improved by the way land is used. It will guide how much development there is in the area, and where it is located. Development can be encouraged in the places it will do the most good, and discouraged where it would cause harm. Developments will also be expected to contribute to the economic, social and environmental well being of the area.

If the framework system works well - and we need to make sure it does - it should mean positive planning that:

· Protects the character and tranquility of the countryside

· Conserves and enhances the historic and natural environment

· Gives new life to previously used land and buildings, and so brings about urban renewal

· Promotes good design, to reinforce the distinctiveness of each place

· Requires development to be sustainable

What’s in them?

The framework is made up of a number of different sections some of which are required by the Act and some which are optional.

The required items are

The Statement of community involvement

Annual monitoring report

Local development scheme

The development plan documents which must include - Core Strategy, site specific allocations, proposals map.

The optional items are:

Supplementary planning documents which expand or add detail to policies in the development plan documents or a saved policy (saved from the existing development plan). These, can be design guides, area development briefs, a master plan or issue based documents. These documents can use illustrations, text and practical examples to set out what it is the Local Authority’s policies can be taken forward.

Survey information and evidence.

These are required to support the policies and proposals in all the documents.

Sustainability appraisals and strategic environmental assessment

The sustainability appraisal (SA) tests each LDF document to see how well it meets sustainable development criteria. Strategic environmental assessment although technically a separate process deriving from an EU Directive , concentrates on the environmental impacts and is usually undertaken alongside the SA. This appraisal process requires genuine alternatives options to be considered and assessed and should inform the preparation of development plan documents throughout the process. SA/SEA reports are made public and available for comment during the consultation periods.

Other: Local development orders and Simplified Planning Zones.(there aren’t any SPZs proposed for this region).

Statement of Community Involvement

The Statement of Community involvement must show how and when planning authorities intend to consult local communities and other stakeholders when preparing documents. The SCI also addresses the authorities’ process for consulting/publicising and notifying on planning applications.

Consultation should begin early in the process of developing each document. This is what the Government calls ‘front loading’. The aim is to ensure that communities are given the fullest opportunity to participate in plan making and to make a difference.

All the statements must provide open access to information and actively encourage contributions of ideas and representation from the community also and provide regular feedback on progress.

The Statement of Community involvement must ensure active meaningful and continued involvement throughout the process and should address the following

What is the Local Authority seeking community involvement on? –e.g. The range of Local development documents.

How and when will the community involvement be sought? – This needs to address the different forms of involvement, including receiving and spreading information, policy and plan development procedures and feedback.

Who will be involved? Authorities have to make sure that they include the widest possible range of interests including hard to reach groups who do not normally get involved in planning.

It is an important part of the new process that communities get involved. It is important to get planning right for the people who are going to live with the consequences of proposals.

Local development scheme

This is essentially two things a) a contents list for the LDF, covering the next 3 years, detailing any LDF document expected to be produced in that time. If the Authority thinks of another it wants to produce later it must revise the LDS and get it approved by the Government Office and b) Sets out the timetable for the production of each LDF document, including consultation and Examination stages The Local development Scheme should be the starting point for people to find out about where the process is. All local Authorities submitted their LD Schemes by the end of March 2005.

Annual Monitoring Report

This is the report which has to be submitted to Government by the Local Planning Authority. It is used to assess the progress and effectiveness of a Local development framework. The Report will include a range of local and standard (core output) indicators.

The report will assess whether:

The policies are achieving their objectives and sustainable development is being delivered

If policies have had their intended consequences?

Are the assumptions and objectives behind polices still valid or relevant?

Are the targets set being achieved?

It should highlight if adjustments need to be made to the Local development Scheme.

Development Plan Documents

What these must include:

A Core Strategy

Site specific allocations of land

A proposals map

These contain the key development goals of the Local development Framework. These are classed as Development Plan Documents and are subject to rigorous procedures for community involvement, consultation and independent examination. They are statutory documents and together with the regional spatial strategy form the Development Plan for an area. Once adopted any development control decisions by the Planners must be made in accordance with these unless material considerations indicate otherwise. These documents are also subject to Sustainability Appraisal.

There may also be additional optional development documents such as:

.Area Action Plans and

Other documents such as development control policies

Core Strategy

This sets out the general spatial vision and objectives for delivery and plays a key part in the delivery of the Council’s community strategy. Setting out as it does the spatial aspects and setting the long term vision for the area. The core strategy should express the parts of the community strategy which relate to land use and outline the council’s strategy for delivering strategic development needs including housing leisure and retail. The core strategy has to be kept up to date and all the other development plan documents must conform to it and also the regional Spatial Strategy. The Core Strategy cannot set out site specific polices.

Site Specific Allocations

Land allocated for specific uses must be set out in this development Plan Document. This is a separate document from the Core Strategy, so that it can be updated when changes occur or plans are implemented. Sites need to be identified which are suitable and accessible for the particular uses or mixture of uses intended.

Proposals Map

This Map illustrates all the site-specific policies in all the adopted development plans. Also it should identify areas of protection such as nationally protected landscape and local conservation areas and greenbelt land. There may be separate inset maps for the various area action plans and the Maps have to be revised when each new development plan document indicates anything site specific including designated land which has boundaries which can be shown on a map.

Area action plans (optional)

A Development Plan document focused on a specific location subject to significant change. For example; a major project such as a new settlement with multiple sites development areas or regeneration areas. It may contain specific proposals for environmental enhancement as part of that development.

The Action Plan as its name implies focuses on implementing policy. This is an important mechanism for ensuring development is of an appropriate scale, quality and mix, in the key areas of opportunity, change or conservation.

It should outline protection for areas sensitive to development pressures and aim to resolve any conflicting objectives. These are also subject to independent examination.

Other development documents (optional)

These may be thematic in scope e.g. on housing, employment retail and so on. They may also include generic development control policies on such things as on wind power.

Getting involved

Local authorities are meant to engage with local people in this process, (SCI) and to try to produce policies that really reflect the views and aspirations of the community. If you want to make sure that the countryside in your area is protected, that towns and cities are regenerated, or land used the way you think it should be, then you must not miss this crucial opportunity to involve yourself in local planning policy.

First of all express your interest up front, all LPAs have LDF mailing lists usually electronic on which they will be pleased to register your details both of individuals and organizations who wish to be notified about LDF events or significant milestones.

What you can influence

Influence how it's prepared.

Influence what is covered by policies and proposals

Influence what the policies and proposals say

Influence how the policies and proposals are implemented

Influence how it's prepared.

Press the local authority to conduct all its meetings about the framework in public, not in some kind of private working group.

Suggest the key issues that they should prioritise in preparing or revising policies and that those issues should be taken into account in the evidence base (reference: PPS 12, paragraphs 4.8 - 4.11).

Urge them to put enough staff and resources into the process. Supplementary planning documents in particular may not get the attention they need without resources and leadership.

Find out how they plan to deal with difficult issues that may affect other local authority areas as well.

Influence what is covered by policies and proposals

There are certain documents that local authorities must include in their local development framework, but otherwise they can choose what documents to prepare. They must include this information in their local development scheme, reviewed annually. They will not be able to produce anything not listed in their scheme. It is worth letting them know from the outset what you think should be included. For example, you could propose that there should be:

· An area action plan, for instance to achieve conservation in a historic market town, including a proposal for positive management and enhancement (reference: PPS 12, paragraphs 2.17-2.19)

· Development control policies on particular topics, such as nature conservation, highways and transport or good design (reference: PPS 12, paragraphs 2.28-2.30)

· Policies to do with the allocation of sites, for example, which prioritise development on brownfield sites and promote urban regeneration (reference: PPS 12, paragraphs 2.15-2.16)

· Supplementary planning documents, such as a local needs audit, parish map or guidance on sustainable design and construction

Influence what the policies and proposals say

Decide what you want the policies and proposals to say and put forward your own proposals. Be prepared to back them up with arguments and evidence. Here are some possible issues to consider:

Sustainability criteria

The framework should make a positive contribution to sustainable development. Everything in the framework has to go through a sustainability appraisal, which should be fully integrated in the plan-making process and inform monitoring (reference: PPS 12, paragraphs 3.13 - 3.18). Present your views about the evaluation criteria that will be used for this.

Conserving resources

Suggest ways of conserving natural resources in your area. These ideas could be about the management of energy or water, or about sustainable construction and the use of local minerals and materials that could make a difference to quarrying and transport. (reference: PPS 12, annex B)

Encourage your local authority to take a conservation-led approach by making the best use of historic buildings and features and ensuring new development enhances, rather than distracts from, your area's natural and built heritage. Reusing construction and demolition waste conserves resources, reduces the amount of waste needing to be disposed of and can contribute to development that is sympathetic to traditional local styles and materials.

Housing

Have your say about housing policy. Overall numbers of new housing are largely fixed by the regional spatial strategy, so the time to lobby about numbers is when the regional spatial strategy is being prepared. But it is the local development framework that sets out policies on affordable housing, about where houses should be built and what they will look like. You might have ideas about how houses should be designed, so that the development is in keeping with local character and uses local materials. Or you could argue for policies in your area that would enable housing to be built in places that do not spoil the countryside. You may be able to suggest suitable brownfield sites and it is important to consider windfall allowances to see if these are adequate, these are sites which may become available but could not be foreseen. Ensuring the Plan makes allowances for these ensures that there isn’t over provision of sites in the Plan.

Influence how the policies and proposals are implemented

When you suggest policies, suggest ways they could be implemented and monitored. Argue that policies that cannot easily be evaluated by numerical monitoring are just as important as those that can. Suggest other ways of evaluating both the quality of the environment and how well the planners are doing their job implementing policy. For example, suggest they carry out a survey of new development 'on the ground' and monitor the success - or otherwise - of conservation policy and joined-up planning. Ask your local authority how it is going to monitor how well other agencies are implementing policies and proposals they signed up to. Try to obtain monitoring information as soon as it becomes available, without waiting for the annual monitoring report.

When can you have a chance to influence the plans?

When the local development scheme is being drafted

The local development scheme is, really, a timetable and program setting out how the different parts of the framework will be created. Local authorities had to prepare their schemes by April 2005. They specify:

· The timetables for producing all the local development documents that will be prepared

· The dates when development plan documents will be presented for consultation and independent examination

· When supplementary planning documents will be consulted on and adopted

The scheme is assessed every year through the annual monitoring report, so you'll have a chance to put your comments in when it is up for review. There is no formal requirement to consult the public on the scheme, although some local authorities may well do so, so it is important you volunteer your ideas as early as possible. The secretary of state has the power to direct the local authority to change their scheme, so you can write to the secretary of state to ask for changes, but this should be a last resort it is better to persuade LAs to change their scheme.

When the statement of community involvement is created.

There are two opportunities to input to the SCI

at the draft stage local authority will consult during the preparation of the statement of community involvement.

There will be a minimum six-week formal consultation period on the submitted document.

An independent examination will be held. It is likely that this will take the form of an inspector considering written representations, rather than holding a public hearing.

When development plan documents are being prepared

There are several opportunities to be involved.

At the survey/evidence-gathering stage
The local authority must draw up an evidence base and consult people on this. Make sure that the evidence base takes into account matters such as landscape character and heritage. Suggest to your local authority that it draw up a list of significant local features, perhaps as part of a broader state of the environment report

At the issues/options stage
The local authority will invite ideas from the public before it drafts a formal development plan document

At the preferred options stage
There will be a six-week formal consultation period for comments on proposals, normally called 'preferred options', which will include an initial sustainability appraisal report, the options stage must include authentic options and each must be subject to a sustainability appraisal. The authority must consider all the comments made when it drafts the formal document

When the document is submitted
There will be a six-week period for representations on the submitted document, which will include a final sustainability appraisal report. Representations will be made available for inspection and published on the local authority's website. If a representation affects the allocation of specific sites, a further six weeks must be allowed for people to comment on it. If the local authority changes the document at this stage, the revised document should go through the same process of advertising and representations. There will almost certainly be a public hearing. The time and place, and the name of the inspector, will be publicised six weeks beforehand through a local advertisement, on the authority's website and by notification to everyone who made representations on the document. The decision of the Inspector is binding,

With the supplementary planning documents
Consultation during the preparation of supplementary planning documents will vary. Because these can be used for very different things, the ways that the local authority engages with the public in preparing them are not prescribed in detail: they just have to be suitable for the purpose, there isn’t any public examination. The local authority can choose how to consult and how widely, but it has to explain afterwards who was consulted and summarise what they said.

The annual monitoring report
The local authority has to produce its annual monitoring report within nine months of the year ending on 31 March. During the preparation of the local planning documents you can contribute views about how policies should be monitored. If you are concerned about how an issue is being addressed, you can ask the local authority to look at it in its annual monitoring report. The local authority may choose to consult people about the information that emerges from the monitoring process.

Responding to consultations

Many authorities ask people to respond online and all consultations documents and background documents will be available online and also in hard copy at Council Offices and the major libraries. However, don’t expect to be sent hard copies without having to pay for them although some LPAs will provide these for Parish Councils. Documents may also be prepared on CDs. On development Plan Documents if you are considering objecting you need to show which of the nine tests of soundness the policy fails. The guide to soundness can be found on the Government Planning Portal website (www.planningportal.gov.uk)

Public Examination

· Anyone who has objected to a DPD policy has a right to appear at the Examination, although the option is available merely to submit a Written Statement or to rely on the original Objection.

· Examination discussions are informal round-table sessions, chaired by the Inspector.  No more barristers or cross-examination, other than in exceptional circumstances, and thus much more user-friendly.

· The purpose of the Examination is to test the soundness of the polices -- a different emphasis from Local Plans.

· Examinations are held for each DPD separately, with a Pre-Examination Meeting for each.

Omissions sites

When the submission version of a Site Specific Allocations DPD goes out for consultation there will always be landowners or developers who object that their pet sites have not been allocated by the Authority. The additional sites put forward are called ‘omissions sites’ or ‘alternative site locations’, this also happened with local plans, the difference in this new process is that, these sites also have to go to public consultation where people can support or object to them, giving reasons. Responding to the omissions sites does not give a right to appear at the Examination, but the Inspector will have regard to any comments received on them.

ANNEX 1

The Examination of Development Plan Documents

1.1 The Tests of Soundness

1.1.1 PPS12 sets out nine tests which a Development Plan Document (DPD) should meet if it is to be sound (paragraph 4.24). This guidance sets out a framework for the assessment of soundness which will be carried out by Inspectors at the independent examination. It provides advice to aid understanding of the overall context for assessing soundness and to assist

those who are seeking to make representations on submitted DPDs.

1.1.2 The PPS12 soundness tests fall into three categories:

• Procedural Tests;

• Conformity Tests; and

• Coherence, Consistency and Effectiveness Tests.

Procedural tests

i. The DPD has been prepared in accordance with the Local Development Scheme LDS);

ii. The DPD has been prepared in compliance with the Statement of Community Involvement (SCI), or with the minimum requirements set out in the regulations where no SCI exists;

iii. The plan and its policies have been subjected to Sustainability Appraisal.

Conformity tests

iv. It is a spatial plan which is consistent with national planning policy and in general conformity with the Regional Spatial Strategy (RSS) for the region or the Spatial Development Strategy (SDS) if in London, and it has properly had regard to any other relevant plans, policies and strategies relating to the area or to adjoining areas;

v. It has had regard to the authority’s Community Strategy.

Coherence, consistency and effectiveness tests

vi. The strategies/policies/allocations in the plan are coherent and consistent within and between Development Plan Documents prepared by the authority and by neighbouring authorities, where cross boundary issues are relevant;

vii. The strategies/policies/allocations represent the most appropriate in all

the circumstances, having considered the relevant alternatives, and they are founded on a robust and credible evidence base;

viii. There are clear mechanisms for implementation and monitoring;

ix. It is reasonably flexible to enable it to deal with changing circumstances.