AGENDA ITEM NO. 10.4

COUNTY COUNCIL
21ST APRIL 2010

LOCAL DEVELOPMENT PLAN: Preferred Strategy, Sustainability Appraisal/Strategic Environmental Assessment (SA/SEA), Habitats Regulations Assessment, Delivery Agreement.

RECOMMENDATIONS / KEY DECISIONS REQUIRED:
1. Council approval is sought for recommended revisions as set out within the following Reports:

    Report 1a.The Preferred Strategy

Report 1b.The SA/SEA Initial Report

    Report 1c.The HRA Preliminary Screening Report

in response to comments submitted during the recent consultation exercise.
2. Council approval is also sought for recommended revisions to the Strategic Policies presented in the Preferred Strategy as a consequence of the Sustainability Appraisal, as set out within Report 2.
3. Council approval is sought for an extension to the LDP Delivery Agreement timetable, as set out within Report 3.
4. Where the revisions referred to above are incorporated into LDP documents, authority is sought for officers to correct typographical and grammatical errors and to make amendments which may enhance clarity of meaning.

REASONS:
1. The Preferred Strategy sets out the key elements of the LDP and presents a strategic perspective to which the full Deposit Plan will conform. The Strategy will underpin the policies and allocations to be identified in the full Deposit Plan and provide a basis for meeting the economic, social and environmental needs of the County and broad locations for the delivery of housing and other strategic requirements. ( With the exception of the identified strategic sites, specific allocations are not dealt with in this strategic document but will be an issue for the Deposit Plan. )
The Planning and Compulsory Purchase Act 2004 requires planning authorities to undertake a Sustainability Appraisal at all stages of LDP preparation involving an evaluation of environmental, economic and social implications of the plan’s provisions. In addition, the EU Directive 2001/42/EC (and resulting Environmental Assessment of Plans and Programmes (Wales) Regulations 2004) requires planning authorities to undertake a formal Strategic Environmental Assessment of plans and programmes that are likely to have significant effects on the environment.
In accordance with the Habitats Directive 92/43/EEC, the impacts of any land use plan against the conservation objectives of a European Site are required to be assessed by means of a Habitats Regulations Assessment. The possible need for an Appropriate Assessment (AA) will be established following a test of significance. The SA/SEA and HRA have been fully integrated into the plan making process. This ensures that the assessments provide input at each stage when decisions are taken.
The Preferred Strategy, the SA/SEA Initial Report and the HRA Screening Report were the subject of a public consultation exercise in accordance with statutory guidance in the period from 4th November 2009 to 4th January, 2010. Responses have been analysed and recommendations for change to these documents are presented in the attached detailed reports.
2. Sustainability Appraisal is integral to the process of plan preparation and the findings of the initial report point to the requirement for amendments to certain strategic policies.

3. The Delivery Agreement (DA) is a public document, incorporating a scheme for involving the community in LDP preparation and a timetable for its production. It is an agreement between Carmarthenshire County Council and the Welsh Assembly Government (WAG) and relates specifically to the Local Development Plan. Following a council resolution at its meeting on 8th July, 2009, that ‘’officers be authorised to agree amendments to the Delivery Agreement with WAG’’ such discussions have taken place and the agreed revisions are presented for council approval prior to formal application for amendment being made to WAG.

4. There is no requirement or intention to redraft or reprint the Preferred Strategy but aspects of it will be taken forward together with approved revisions as Topic Papers and in the Deposit Plan.

Relevant Scrutiny Committee Consulted YES
Exec Board Decision Required YES
Council Decision Required YES

Directorate
Name of Head of Service:
Eifion Bowen

Designations:

Head of Planning

Tel Nos.
01267 224850
E Mail Address:
ebowen@carmarthenshire.gov.uk

EXECUTIVE SUMMARY

COUNTY COUNCIL 21 April 2010

LOCAL DEVELOPMENT PLAN: Preferred Strategy, SA/SEA Initial Report, HRA Screening Report, Delivery Agreement

The attached reports document the responses received to the consultation exercises undertaken in respect of the LDP Preferred Strategy, the SA/SEA and the HRA and recommend revisions where appropriate.
A further report presents the revisions to the LDP Delivery Agreement agreed with WAG and for which endorsement is sought.

DETAILED REPORT ATTACHED ?

YES

INTEGRATION

I confirm that the Community Strategy Integration Tool has:

Not been used to appraise the subject of this report as it is not appropriate to do so.

Signed: Eifion Bowen Head of Planning

IMPLICATIONS

I confirm that other than those implications which have been agreed with the appropriate Directors / Heads of Service and are referred to in detail below, there are no other implications associated with this report :

Signed: Eifion Bowen Head of Planning

Policy, Crime & Disorder and Equalities

Legal

Finance

ICT

Risk Management Issues

Staffing Implications

Physical Assets

YES

YES

YES

NONE

NONE

NONE

NONE

1. Policy and Crime & Disorder
The Local Development Plan will remain as one of the major Plans local authorities will be required to produce. LDPs should express, in appropriate land use planning terms, those elements of the community strategy that relate to the development and use of land provided that they are in conformity with national and international policy and obligations.

2. Legal

3. Finance
All authorities must have regard to the resources likely to be available for implementing the plan (section 62 of the 2004 Act), and the implications for public sector capital expenditure must be considered when preparing LDPs.

CONSULTATIONS

I confirm that the appropriate consultations have taken in place and the outcomes are as detailed below

Signed: Eifion Bowen Head of Planning

1.Local Member(s) All members have had the opportunity to comment during the consultation process, a number have been involved in the stakeholder groups

2.Community / Town Council Town and Community Councils have had the opportunity to comment during the consultation period, a specific event was held for Town and Community Councils organised by One Voice Wales and they are also represented on the stakeholder group. (04:02:09)

3.Relevant Partners N/A

4.Staff Side Representatives and other Organisations N/A

Section 100D Local Government Act, 1972 – Access to Information
List of Background Papers used in the preparation of this report:

THERE ARE NONE

Title of Document

File Ref No.

Locations that the papers are available for public inspection

Delivery Agreement

online

http://www.carmarthenshire.gov.uk/english/environment/planning/planning%20policy%20and%20development%20plans/local%20development%20plan/pages/deliveryagreement.aspx

Discussion Papers

online

http://www.carmarthenshire.gov.uk/english/environment/planning/planning%20policy%20and%20development%20plans/local%20development%20plan/pages/discussionpapers.aspx

Topic Papers

Online

http://www.carmarthenshire.gov.uk/english/environment/planning/planning%20policy%20and%20development%20plans/local%20development%20plan/pages/topicpapers.aspx

Candidate Sites

online

http://www.carmarthenshire.gov.uk/english/environment/planning/planning%20policy%20and%20development%20plans/local%20development%20plan/pages/candidatesites.aspx