Purbeck Plan steps forward

Another milestone reached for the Purbeck Local Plan - the examiner's post-hearing note has been issued today announcing that subject to modifications she believes the Plan is likely to be capable of being found legally compliant and sound.  Key changes include the revised housing target (up to 180dpa using the new methodology, but with no additional uplift necessary), the deletion of the proposed Green Belt amendment at Wareham, and a modified approached to the small sites policy to ensure that developments are proportionate to the size and character of the settlement.  The full note can be seen here: https://www.dorsetcouncil.gov.uk/planning-buildings-land/planning-policy/purbeck/post-hearings-note-20-03-2020.pdf
Whilst there is still consultation to be done, and possibly a further hearing session if necessary, this is certainly welcome news to all those that have worked so hard to get this plan through. 

Calling all landowners…

Both of the new planning authorities in Dorset are taking their first steps towards a new Local Plan for the two areas. 

Today, Dorset Council launched their ‘call for sites’ which runs until 25 October.  They are looking purely for sites for 10 or more dwellings, which may leave them looking for other ways to cover custom and self-build opportunities.

Bournemouth, Christchurch and Poole will be following suit shortly, after their Cabinet meeting last week discussed the timescales for preparing their plan and gave the go-ahead for a call for sites to be launched, which will similarly run for 6 weeks. 

No doubt many of the sites that are submitted will be those that have been previously considered and not made the grade in previous Local Plans, but it also provides an opportunity to identify other site options if landowners who have not previously responded pick up on the consultation. 

Purbeck Local Plan Examination - Week 1

Certainly a busy week in Wareham for Inspector Ms Beverley Doward BSc BTP MRTPI.  This was the first week of the Local Plan examination hearing sessions, which sat for full days Tuesday through to Thursday and continued onto the Friday morning. 

Of particular interest to many will be the discussion on the housing numbers - as this is the first Local Plan tested following the end of the transition arrangements under the old NPPF.  A key issue was establishing the baseline - Purbeck District Council had used the 2016 year as the starting point for their calculations, but others felt either the 2018 or 2019 years should have been used.  Having looked at the NPPG wording, the Inspector indicated that she was minded to use the 2018 figures as the latest confirmed at the time of submission (in early 2019), with the 2017 affordability ratio (as published in March 2018) for the same reason.  Using these, the annual housing target will have to go up to at least 180 dwellings per annum (rather than 168dpa) with further consideration still to be given to whether there are exceptional circumstances to raise this further, including the likely shortfalls in Christchurch and the New Forest.

There was also a lot of debate around the sustainability appraisal and habitats regulations, and Green Belt release (particularly the large-scale release proposed at Morden Park, which has been included to facilitate a holiday park that in turn will enable a strategic SANG to be delivered and additional environmental improvements made within the park).

From a Neighbourhood Plan perspective there was a clear steer from the Inspector that the District Council should consider further which policies are truly strategic (rather than 'all') and how wording could be modified so that Neighbourhood Plans are not needlessly over-ridden or curtailed by the new Local Plan. 

The hearing sessions will resume in early August for a further week, focusing on the site allocations and the controversial 'small sites' policy that certainly received a lot of flack this week.  For more information the examination webpage is https://www.dorsetcouncil.gov.uk/planning-buildings-land/planning-policy/purbeck/local-plan-review-purbeck/local-plan-review-purbeck.aspx

Just over the county boundary...

The South Somerset Local Plan Review 2016-2036 Preferred Options Consultation (Regulation 18) has been published today, with consultation running from now to 18 September.

Its proposed housing target is based on the new Government methodology and the 2014-based household projections, so for South Somerset this means 716 dwellings per annum (no major difference from the 725dpa target in the adopted plan).

However the plan does include a change in the settlement hierarchy with a new class “village” identified, slotting in between rural centres and settlements.  Stoke sub Hamdon has been ‘down-graded’ from a rural centre to a village whilst 11 of the rural settlements have been ‘up-graded’, including places like Queen Camel, Sparkford and North Cadbury.  All of these “will” have provision made some development, with a target of 60 dwellings per village (in addition to the 120 dwellings already completed between 2016-2018 and 470 already permitted across the 12 villages).  Exactly how this growth will be managed is not clear, as no allocations or settlement boundaries are proposed, the plan simply states that “growth is expected to take place adjacent to the existing built settlement”

Lots more for those communities to digest over the coming weeks…

Community Involvement - what Dorset says

Consultation on the draft Statement of Community Involvement has just started, with Dorset Council asking for feedback by 2 August. 

At just seven pages and fairly generous spacing, the question is, does it say enough?  In my experience the main issues raised by members of the public are not hearing about planning applications and the lack of officer support on neighbourhood plans.  I am not sure this Statement really addresses those questions clearly - the word "may" certainly appears at least 10 times!

So this is your chance to comment - what would you like them to actually say and stick to?

https://www.dorsetcouncil.gov.uk/planning-buildings-land/planning-policy/dorset-council-planning-policy/dorset-council-planning-policy.aspx

Planning-dominated Cabinet meeting

Today's June meeting of the Dorset Council Cabinet had a lot to talk about planning. Two Neighbourhood Plans are to go to referendum in August (Broadwindsor and Milborne St Andrew) and Bere Regis Neighbourhood Plan officially "made". The Bournemouth, Christchurch, Poole and Dorset Waste Plan is also to be adopted after both Councils agree.

But of broader interest is the Local Development Scheme and recommendation to halt work on the individual Local Plan Reviews (with the exception of the Purbeck Local Plan that is already at examination) to crack on with a new Dorset-wide plan.  Just over 2 years of evidence gathering and consultation, before the plan is examined and finally adopted.  The timetable includes:

• Options Consultation: September 2020
• Publication of draft plan: September 2021
• Examination: Summer 2022
• Adoption: Spring 2023

And as part of it, Cinderella (or the Dorset-wide Gypsy, Traveller and Travelling Showpeople Site Allocations Plan), which has been in preparation for longer than I care to remember, will finally get to go to the ball.

Going postal in Purbeck

Last day to submit statements for the Purbeck Local Plan examination. 

With 3 paper copies required (email is not enough), and in light of the Climate emergency declared by Dorset Council at their first meeting on 16 May, I hope Royal Mail have bought in e-trikes to the Dorset depot as part of their carbon cutting trial!

Dorset Local Plan updates

Couple of updates this week on the Local Plan situation.

The new timetable for the Dorset Local Plan Review is to be considered by the newly formed Cabinet at its meeting at the end of June (as announced by David Walsh - pictured - who has taken on the Cabinet role for Planning).  This should clarify whether the East, North and West Dorset's separate plan reviews are to be abandoned in order to focus on the combined plan.

Purbeck's Local Plan examination is moving forward, with the issues and Inspector's questions now published and two hearing sessions set for early July then early August.  Inspector Beverley Doward has raised about 150 questions to be answered - so it is understandable why she is setting a strict word limit on written responses!  Deadline for further submissions is set at 5pm on Friday 7 June 2019.

When positive policies are not silent

A judgement handed out last month in the Appeal Court reinforced an earlier decision on how to interpret 'positively worded' policies.  Basically the question posed in the appeal was whether a policy that says 'housing should go here, here or here' means that houses shouldn't be allowed elsewhere, or whether the "silence" on other locations means that anywhere else is fair game.  

The judge (Lord Justice Lindblom) makes clear that, where there is an obvious intention behind the policy (such as the hierarchy of locations for new housing), it would make a nonsense for a liberal approach to be applied to other locations for development that are clearly not part of the plan's strategy.

Having been involved in policy writing for more years than I care to remember, I have seen the writing styles swing from negatively worded policies to increasingly positively worded phrases in a vain attempt to shrug off the NIMBY and controlling image of planning.  But although on the one hand there is the presumption in favour of sustainable development, on the other, the reason you need planning permission is because without it, development is unlawful - or to put it simply, the answer is "no".  So a positively worded policy makes more sense when it implies that 'other' options should be treated negatively, and it is good to see that this judgement helps.  However it still reinforces the need for policy writers to consider all the angles when they draft their development plans.

First NPPF2 plan to be examined?

Purbeck District Council submitted its Local Plan for examination on Monday (28 January).  I'm wondering if it gets the record for the first plan to be examined under the revised (July 2018) NPPF, given the deadline for having plans examined under the 'old' NPPF ran out on the 24 January. 

It introduces some potentially controversial new policies such as the 'small sites policy', a 'second homes' policy as well as reviewing the Green Belt to release land around Lytchett Matravers, Upton and Wareham, and strategic allocations at Wool and Moreton (Crossways)

For more information see their Local Plan Review webpage

West Dorset and Weymouth Plan - emerging options now available to view

One to keep an eye on – the preferred options draft of the West Dorset and Weymouth Local Plan is now going through committees prior to consultation in August – October.  Click here for a look at the proposed policy changes and site allocations. 

Key points to note include:

• 2.5% increase on proposed growth (up to 794 dwellings per annum) – but the actual supply could in theory deliver 955 dwellings per annum as it would include a ‘buffer’ of about 3,200 homes above what is needed;
• New site specific allocations at all of the towns, plus Crossways.  This includes a major development north of Dorchester, significant growth at Sherborne, and the release of further sites at Crossways.  No specific allocations proposed in the area's villages; 
• Proposed approach to setting minimum growth figures for Neighbourhood Plan areas;
• More permissive approach for residential conversions in the countryside, providing the building is not completely isolated (so at a minimum should forms of a hamlet or group of buildings);
• More relaxed approach proposed on the size of replacement dwellings in the countryside;
• Small sites (up to 5 dwellings) will not be expected to make any affordable housing contributions for the foreseeable future.

Get in touch with me if this may effect you and you need some professional planning advice…

North Dorset Local Plan - plain sailing up to April

Yes - it arrived in the Christmas post!  Dated 17 December the Inspector's report concludes the plan is sound, subject to the main modifications that were aired in the summer. 

In particular with regard to the new housing need data, he concludes that "Taken as a whole… the benefits of adopting a plan that will be subject to early review, outweigh the disbenefits of relying on the 2012 SHMA.”

So provided that there are no hiccups between now and the Full Council meeting, the District Council can rest on its laurels of having the most up to date Local Plan in Dorset. Not that the planners can rest for long, as the early review means starting by April this year, and may inevitably require more sites to be found in light of the housing need for the future. 

North Dorset Local Plan and housing numbers update

For those of us that are keeping an eye on when the Examiner's report on the North Dorset Local Plan will be published, there has been some interesting updates in the last month on the latest figures emerging on housing needs for the area, leading to an exchange between the Inspector and the District Council. 

The Inspector has been made aware that the Eastern Dorset 2015 SHMA which assessed the likely housing need for the housing market area is to be published soon. From the information available it seems that it concludes that the objectively assessed need for North Dorset is 330 dwellings a year – compared to the earlier SHMA estimate of 285.  So a 15% uplift in total.  Obviously no decision as yet where this might be allocated - particularly as the 330 dwellings is an indicative split across the housing market area, and depending on the capacity and constraints, this may need to go up or down under the combined Council's Duty to Cooperate. 

The District Council are keen to get their Plan regarded nonetheless, and press ahead with starting their review straight away (they say they will start by 31 March 2016).  It does signal that there is likely to be more housing land required, and that this would need to be identified and allocated in the review (if there isn't sufficient supply coming forward above that already identified by the District Council). 

Will we get to see Inspector David Hogger's final report before Christmas?  And see the details in the SHMA?  Watch this space...

UPDATE - the housing needs report is in fact already on the Purbeck section of the Dorset Council's website - click here to view - the graph on page 197 (shown below) illustrates the different requirements.  Both Purbeck and North Dorset have a significant chunk of their need to support the likely employment growth in the area (which would otherwise be stalled by lack of employees, or lead to higher levels of commuting).  The 330 suggested annual figure for housing in North Dorset does not include residential care homes which if included would add on a further 17 units a year to this figure. 

A shiny, new Local Plan for West Dorset, Weymouth and Portland

The West Dorset, Weymouth and Portland Local Plan was finally adopted on15 October (at Weymouth and Portland) and 22 October (at West Dorset).  The new Plan replaces the previous Local Plans for each area, which no longer need to be referred to in planning decisions. 

The new Local Plan will cover the period to 2031, although an early review (by 2021) is anticipated to ensure there is sufficient ongoing supply of housing land.  This is critical, as without a robust housing land supply the Local Plan policies can be over-ruled.

It still amazes me how much time these plans take to get through the process.  Both Councils were working on draft plans, before taking the decision in 2011 to work together on a combined plan for the whole area.  The adoption comes 4 years on from the first public sessions on the issues and options, and the examination process took 2 years.  But at least, unlike some, the examiner concluded that the plan could be adopted.

This is good news for neighbourhood plan groups working in the area, who now have certainty on the over-riding strategy that their plans should align with. 

Alongside the Local Plan, the Community Infrastructure Levy has also been adopted.  However a date has yet to be set for when it will come into effect, and it certainly won’t be used until April 2016 at the earliest (whilst the various systems are put into place), and until then the Councils will rely on section 106 agreements to secure infrastructure funding where they can.

For more information visit the Council's planning policy pages

Planning ahead for new or extended mineral quarries in Dorset

There are three weeks left to run on the Draft Dorset Mineral Sites Plan consultation. 

The draft plan includes proposals for new or extended sites for sand and gravel extraction including three sites around Crossways / Moreton  (Woodsford Quarry, Station Road and Hurst Farm) and four further sites between Bovington and Wareham.  Eight new sites have been identified for the provision of Purbeck Stone, mostly around Langton Matravers.  There are also proposals for an extension to a site on Portland (you guessed it - for Portland Stone).  Three sites (just outside Marnhull, and at Oborne and Lilington near Sherborne) have been flagged up for the provision of other building stone – these are all extensions to existing quarries.

UPDATE: the consultation has been extended and will now close on 23 October 2015.  The pre-submission draft is due to be published March 2016.

Major milestones passed for West Dorset, Weymouth and Portland

The West Dorset, Weymouth and Portland Local Plan is firmly on track for adoption this Autumn.  The final hurdle has been passed, with the publication of the Inspector’s report announcing that, with modifications, the plan has been found sound.

The planners won’t be able to sit back for too long, as the plan will need to be reviewed by 2021, and the Inspector says this review should “identify a long-term strategy for development in the Dorchester area and reappraise housing provision in Sherborne”.

The five year housing supply has been closely examined, with the Inspector ruling out some of the ‘supply’ because of uncertainty or lack of evidence, but still finding that there is 5.1 years in the bag.   With such a slim margin he then goes on to say “it is imperative that the Councils do not ignore new opportunities which come forward in sustainable locations and are consistent with other policy provisions”

Of particular interest is the outcome on affordable housing in light of the recent High Court ruling that the national guidance on minimum thresholds should be quashed.   The Inspector has said that it is fine to go ahead with the requirement for all open market housing sites to contribute to affordable housing needs.  Good news for those in housing need - but probably not for your balance sheet if you were looking to build your own house.

The Councils are also on track to introduce the Community Infrastructure Charging Levy (CIL), with rates now agreed by the same Inspector.  We shall wait to hear when this will come into effect.

Progress on the North Dorset Local Plan

The North Dorset Local Plan Examination moved on a step with the publication of the District Council’s responses to some of the issues raised at the examination hearings.  Of particular note is the change in the plan period to 2031 and the proposed retention of the settlement boundaries and higher housing target for Stalbridge and the larger villages.  Care homes and neighbourhood plans also feature in the updated supply numbers.  The housing targets will now expressed as a minimum, the reference to prioritising 2 and 3 bed house sizes for open market houses is to be removed.

Only invited participants can comment at this stage, but there will be a chance to comment on all the major changes at a later stage.

If you want to find out more it is worth checking out the following links

MHD006: recommends extending the plan period to 2031, and increasing the housing target to 285dpa (dwellings per annum).  It also says that provision will be made for an early plan review to incorporate new emerging evidence on housing needs in conjunction with other Dorset authorities.

MHD007: recommends retaining settlement boundaries around Stalbridge and the more sustainable villages (Bourton, Charlton Marshall, Child Okeford, East Stour, Fontmell Magna, Hazelbury Bryan, Iwerne Minster, Marnhull, Milborne St Andrew, Milton Abbas, Motcombe, Okeford Fitzpaine, Pimperne, Shillingstone, Stourpaine, Winterborne Kingston, Winterborne Stickland and Winterborne Whitechurch), and that between them these provide 41dpa (dwellings per annum).  No change is made for rural employment provision. 

MHD008: proposes including care homes (C2 use class) in the housing supply.  It also revises some of the start dates and capacities of specific sites based on landowner updates, and refers to 42 housing sites ‘identified in Neighbourhood Plans’.

MHD018: sets out a range of proposed changes that arose during the hearing sessions.  This includes changes to the policy wording of (take a deep breath here) Policies 3 (Climate Change), 6 (Housing Distribution), 7 (Delivering Homes), 9 (Affordable Housing), 11 (The Economy), 13 (Grey Infrastructure), 15 (Green Infrastructure), 16 (Blandford), 17 (Gillingham), 18 (Shaftesbury), 19 (Sturminster Newton), 21 (Gillingham Strategic Site Allocation), 24 (Design), 27 (Retention of Community Facilities), 30 (Existing Employment Sites in the Countryside) and 32 (Equine-Related Developments in the Countryside). 

All the documents can be found here.

One week left on East Dorset and Christchurch scoping consultation

One week left to go for anyone wanting to comment on what should be included in their Local Plan Part 2 - in particular suggestions for potential Local Plan allocations for housing, employment, retail, open spaces, suitable alternative natural greenspace, or for mixed use development.

For more details click here on contact me for advice.  Always good to get a foot in the door...

North Dorset's Housing Numbers

Lots of talk at the examination hearings this week about housing numbers for North Dorset and whether the 280 annual target of homes to be built is high enough.  A common concern raised by participants was about the housing needs evidence.  They felt the Council has not fully explored the economic or affordable housing implications, both of which could mean that the overall housing target should be higher.

The Council responded by saying that they do anticipate delivering around 350 homes every year in the next 5 years or so, which they argue should provide sufficient comfort to allow the plan to be adopted with an early review of the numbers when the new housing data is released and considered by all the Eastern Dorset planning authorities.

The Inspector suggested some further work for the Council – in particular whether there may be other ways to boost the affordable housing delivery  - what other options have been considered and why were these rejected?

At the very least it would appear that the 280 figure is to be adjusted slightly upwards to take into account the proportion of housing that is taken up by second homes, and made a ‘minimum’ target and subject to an early review.

North Dorset Local Plan examination

First day of the North Dorset Local Plan examination - a sticky start?

The issues discussed were fairly fundamental - they included the plan period, the status of allocations and the broad locations for growth, and the relationship between part 1, the proposed part 2 and neighbourhood plans.

The Inspector (Mr David Hogger) made a number of observations.  In terms of the Duty to Cooperate, he was satisfied that the Council had met this test from his observations to date.  

The plan period came under considerable scrutiny.  The Inspector said he felt that the plan lacked the 15 year horizon advised by the national planning policy framework - particular as Part 2 (the site allocations plan) had yet to be prepared and would only last 9 years on adoption. Should the plan be halted whilst further work was done, could it be extended to 2031, or should there be an early review? Some of the participants noted that a new housing figure may be available this year from the work on the Strategic Housing Market Assessment - Poole and Purbeck had already published their draft figures. The District Council was asked to prepare further information on their thoughts about an early review.

There was also a lot of debate about how the rural housing needs were being addressed. Would the 230 homes allocation 'left over' from the towns really meet the needs of thriving rural communities? What would happen if rural areas had housing or other needs, but weren't prepared to do a neighbourhood plan or 'opt in' to Part 2? The Inspector said he was not sure there was enough in the local plan to provide a clear enough framework for rural communities undertaking neighbourhood planning, and that the 230 rural target had no relation to the rural needs. Furthermore they would not necessarily be built in the most appropriate locations. He was not convinced that this approach was sound. He asked the District Council to reassess their approach and look at both housing and employment needs for the rural areas to provide a stronger framework from which neighbourhood plans could evolve.

Day 3 should also be interesting - looking at the robustness of the Council’s objectively assessed housing need. This issue has tripped up many a Local Plan in recent years.

For more information on the programme go to https://www.dorsetforyou.com/northdorsetlocalplanexam