Bath & North East Somerset Local Plan
Deposit Draft January 2002

A4. Implementation

Introduction

A4.1 A Local Plan will only meet its objectives if its policies and proposals are successfully implemented. The outcome should be an improved quality of life with a protected and enhanced environment and development of a high standard of design, in the right locations, meeting the needs of communities, and promoting economic development.

A4.2 The Plan needs to act as a catalyst for action by engaging with other Council strategies and those of other outside agencies leading to positive and joint actions toward implementation of the Plan. Its implementation will therefore involve a wide range of participants and activities as follows.

1. The planning application process involving developers, organisations and individuals seeking planning permission for development or having an interest in such applications, and the local planning authority determining planning applications;

2. Positive action taken by the Council in using its powers to improve economic, social or environmental well-being by:

   1. promoting specific development sites or strategies by working in partnership, providing funding, and attracting funding or action from government or other agencies; and

   2. implementing a range of Council strategies e.g. Transport Plan, Community, Housing, and Economic Development strategies by ensuring land use implications of such strategies are incorporated in and are in harmony with the Local Plan overall strategy.

Planning Application Process

Development Control

A4.3 Applicants seeking planning permission may range from the large companies developing large sites to individuals extending their dwelling. Their first point of contact is likely to be with the Council’s Planning Services. Within this the Development Control function will make a major contribution in implementation of the Plan's policies and proposals by determining planning applications in accordance with the Plan, unless material considerations indicate otherwise (see paras 4.21-4.23) in an efficient, effective and open way. This requires the needs of all participants to be fairly considered. To achieve this the Service will provide guidance and advice with the aim of overcoming difficulties through discussion and negotiation wherever possible. Paragraphs A1.12-A1.14 already explain that a range of policies are likely to be applicable to consideration of a proposal. To assist applicants in addressing relevant issues a list of policies is found in the front of the Plan and planning staff can also provide advice.

A4.4 The Council supports the general principles of the Local Government Association 'Planning Concordat' which sets out the roles, priorities and responsibilities of the Local Government Association, the voluntary and business sectors in the planning process. This demonstrates the Council’s commitment to improve the planning service it provides.

A4.5 The Development Team approach, introduced by the Council in 1999 assists in this by providing an opportunity for would-be applicants to be advised on the acceptability of more complex proposals before submitting planning applications.

Conditions & Planning Obligations

A4.6 In granting planning permission or in negotiating with developers, the Council may seek to secure modifications or improvements to the proposals submitted for approval. Permission may therefore be subject to conditions necessary to ensure conformity with planning policies thus enabling the development to go ahead.

A4.7 Another method of securing such improvements is by means of Planning Obligations (either legal agreements between the landowner and local planning authority or undertakings by the developer). Whilst generally conditions are used in preference to obligations the latter may be particularly relevant in circumstances where financial contributions are sought, where infrastructure or land is to be transferred to the local authority, where the developer is not the owner of the site or to achieve environmental mitigation and/or gains.

A4.8 Planning obligations may address a range of issues e.g. transport related matters; provision of community or recreational facilities; affordable housing; measures to safeguard and enhance the natural and built environment; ensuring balance of uses in mixed-use development; and phasing of proposals. However, their use must be necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development and reasonable in all other respects.

A4.9 A range of policies and proposals in the Local Plan require that certain provisions are made in connection with various types of development including:

• Transport improvements
• Affordable Housing
• Community and Recreational Facilities
• Educational Facilities
• Environmental Enhancement

A4.10 Such requirements are not confined to large developments, as in a geographical area a series of small developments may generate as much need, say for transport improvements or community and recreational facilities, as a single large development.

A4.11 Planning Obligations will therefore be sought not on the basis of size of development but on whether the development generates a demonstrable need for infrastructure facilities or services that cannot be secured through conditions. This may be by the developer making such provision or by contributing to provision of new or improvement of existing facilities. The Council will publish supplementary planning guidance in respect of the levels of contribution which may be sought according to the characteristics of the development.

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Information to Determine Planning Applications

A4.12 In order to determine applications in an effective and efficient way and to assist in meeting Government targets on deciding planning applications, it is essential that applicants play their part by providing relevant information in support of the proposal.

A4.13 This will vary from case to case. For certain types of development likely to have a significant effect on the environment by virtue, inter alia, of their nature, size or location, applications for planning permission may need to be accompanied by an Environmental Impact Assessment (EIA) prepared in accordance with the requirements of the Town & Country Planning (Environmental Impact Assessment) Regulations 1999.

A4.14 For most applications an EIA will not be necessary but there is a range of other information and assessments that may be required and applicants should consult at an early stage with the Council in order that these can be submitted as soon as possible. In addition to the basic information other information may be required including:

• Design Statement - setting out design principles, considering landscape issues and the wider context of the development.

• Transport Assessment – setting out modal split of journeys; measures to improve access by public transport, walking and cycling; and measures to reduce the number and impact of motorised journeys.

• Archaeological Assessment and evaluations - an initial assessment of whether a proposed development site is likely to contain archaeological remains. Where important remains exist, the applicant should arrange for an archaeological field evaluation.

• Landscape and Visual Assessment - an assessment of the impact and potential impact of the development proposal on landscape interests.

• Nature Conservation Assessments - to include ecological surveys and impact assessements.

• Land Contamination and Stability Assessments - setting out the nature of problems and the remedial measures required.

• Waste Audit - setting out an estimate of type and quantity of waste generated and methods for reduction and re-use.

• Noise Assessments - setting out the noise environment created by the development, or that the development will be exposed to, and measures for mitigation.

• Air Quality Assessments, particularly within or adjoining 'Air Quality Management Areas' (AQMA's) - setting out the impacts created by the development or that the development will be exposed to.

• Arboricultural Impact Assessment - an assessment of the impact and potential impact of the development on trees and woodland interests.

• Details of foundations and other underground works where the development might affect the flows of underground water associated with Bath's hot springs.

A4.15 Where such information is relevant to the application but not provided, it may result in delays in the determination of the application. In some cases, in the absence of the information, the Council may be more likely to conclude that the development would cause demonstrable harm to interests of acknowledged importance, thus possibly refusing the application.

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Supplementary Planning Guidance (SPG)

A4.16 To provide more detailed guidance on the way in which the policies in the Plan will be applied in particular circumstances or areas the Council will be preparing, sometimes in partnership with other organisations, a range of supplementary planning guidance (SPG). These will assist in the process of implementation of the Plan and provide useful guidance to applicants.

A4.17 They do not form part of the Plan but once approved they will be a material consideration in determining planning applications. They may take the form of design guides, development briefs or supplement other specific policies e.g. on village design, landscape, archaeology and affordable homes provision. Their preparation will be subject to public consultation.

A4.18 The Secretary of State has made it clear that he will give substantial weight to properly prepared SPG provided it is consistent with the Plan policies and it is not being used to circumvent statutory Local Plan procedures by the introduction of new policies and proposals.

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Existing Supplementary Planning Guidance

A4.19 Current SPG already prepared is as follows:

• Walcot Street Works 1997
• Larkhall Character Statement & Development Principles 1994
• MoD Foxhill Development Brief
• External Lighting 1997
• Building Materials
• Cherishing Outdoor Places 1994
• Mendip Hills AONB - New Farm Buildings 2001
• Paulton Village Design Statement 2001
• Peasedown St. John Village Design Statement 2001
• Advertisements & Illuminations 1998
• Policy Notes for Bath 1-11 (1993-1996)
• Sawclose Planning Guidance Note (1996)

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Future Supplementary Planning Guidance

A4.20 The following SPGs are being considered for future publication:

• Design Guide including importance of the public realm
• Development Briefs on general development sites e.g. Western Riverside and south west Keynsham
• Landscape Character Assessment
• Conversion/re-use of upper floors of commercial premises e.g. design, parking
• Care and repair of Historic Buildings
• Development Control guidance for waste management sites
• General Archaeological Guidance
• Bath, Keynsham, Norton-Radstock and Chew Magna Archaeological Guidance
• Site of Nature Conservation Interest designation criteria
• Farm diversification
• Protection of biodiversity within new development
• Affordable Housing
• Conservation Area Appraisal Guidelines
• Development in the Forest of Avon
• Parking standards
• Public Realm Strategy
• Radstock & Midsomer Norton Streetscape Strategy
• Developer contributions
• Tree and Woodland Action Plan
• Trees and development guidelines
• Forest of Avon
• Others as identified

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Flexibility in a Plan Led System

A4.21 The Government is committed to a plan-led system of development control. This is given statutory force by section 54A of the 1990 Act. Where an adopted Local Plan contains relevant policies, section 54A requires that an application for planning permission or an appeal shall be determined in accordance with the plan, unless material considerations indicate otherwise. Conversely, applications which are not in accordance with relevant policies in the Plan should not be allowed unless material considerations justify granting a planning permission.

A4.22 Material considerations give flexibility to the plan led system enabling up to date or changing information and circumstances to be taken into account. They may be particular planning circumstances or factors relevant to the proposed development, it may be new Government planning guidance or legislation or advice from other Government agencies such as English Heritage or the Countryside Agency.

A4.23 One consideration will be whether the Local Plan policies are relevant and up-to-date. Where this is not the case it will point to the need for a review of the Plan. The Council intends to monitor the Plan's effectiveness (see para A4.41) and to review its policies and proposals at least every 5 years. This will enable the Plan to be responsive and flexible to changing needs and requirements.

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Action by the Council

Introduction

A4.24 Part 1 of the Local Government Act 2000 introduced a new discretionary power to local authorities to enable them to promote or improve economic, social or environmental well-being in their area. The aim is to encourage innovation and closer joint working between local authorities and their partners to improve communities' quality of life.

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Promoting Development Projects

A4.25 The Council has already embarked on a number of projects which will help achieve this objective and that have influenced the content of the Plan and will be key in the implementation of its policies and proposals. These are set out below:

Western Riverside, Bath

A4.26 The part-derelict former industrial area of Western Riverside covering an area of 39 ha is the subject of major proposals to create a vital and viable place which reconnects the urban fabric of Bath and offers high quality environments that function as working and living quarters of the city and reinforce its World Heritage status. The Council is actively promoting the regeneration of this site in partnership with the South West Regional Development Agency (SWRDA) the landowners and local groups. This brownfield site will provide the location for a significant part of the housing requirement of the District and for considerable work opportunities served by good transport links. The current work aims to produce a Regeneration Plan leading to a planning application, and a viable Transport Strategy capable of meeting needs of the wider area, together with a funding strategy to secure its implementation. It is expected that this site will come forward in the second half of the Plan period.

Southgate, City Centre, Bath

A4.27 An application for major redevelopment of the Southgate area of Bath city centre is currently under consideration. It will make an important contribution to meeting Local Plan objectives providing 35,000 sq.m. of modern retail floorspace, leisure facilities, housing/living over the shops, and a more efficient transport interchange. The Council is devoting considerable staff resources into enabling satisfactory proposals to come forward.

MoD Foxhill, Bath

A4.28 Restructuring of the Ministry of Defence requirements for accommodation in Bath led to the Council being awarded Konver funding in 1997 in order to prepare a Development Brief for the site at Foxhill. The proposals for a mixed-use development on this 19 ha site contained in the resultant development brief are now incorporated into this Local Plan.

Radstock Railway Land Regeneration Scheme

A4.29 A successful bid through the Single Regeneration Budget was made in 1996 by the Norton-Radstock Regeneration Partnership which includes the Council and a range of other public, private and voluntary organisations. An award of £2.9 million to carry out a number of projects over a six year period ending in March 2003, will attract further funding from private and other sources giving a total of around £12 million. Part of this funding is to be used to enable the regeneration of former railway land in the centre of Radstock which will provide homes, employment, retail, railway, leisure and open space uses. The scheme is currently the subject of a planning application. Other initiatives will improve the environment of Midsomer Norton town centre.

Heritage and Economic Regeneration Scheme (HERS), Radstock

A4.30 Much of the former coal mining town of Radstock was designated a Conservation Area in 1999. Since then a Heritage and Economic Regeneration Scheme has been approved for the area. The grant aid has encouraged improvements to shopfronts in the town centre and contributed to the repair and re-use of historic buildings.

Norton-Radstock Area - Market and Coastal Towns Initiative

A4.31 Norton-Radstock and surrounding parishes have also attracted funding from the SWERDA Market and Coastal Towns Initiative for the South West. This initiative will provide investment for communities to help them plan their future and build skills. It will provide a 'gateway' to funding programmes to make things happen such as provision of affordable housing, workspace, community transport and High Street improvements.

Combe Down Stone Mines, Bath

A4.32 The Council has attracted a £1.7million grant funding toward investigating the problem of abandoned stone mines in the Combe Down area of the City and to find appropriate measures to deal with it. The DTLR funding is for phase 1 of a 7 year programme and further funding will be sought to resolve the problems. It will contribute to meeting Local Plan objectives and policies on securing a safe environment and remediation of unstable land.

Bath Community Partnership SRB Funding

A4.33 Early in 2000, the Bath Communities Partnership was formed to make a bid to the Government's Single Regeneration Budget, Round 6 on behalf of the neighbourhoods and communities in the City with greatest needs. It now has a wider agenda to work together for the benefit of Bath communities. The Partnership brings together local community groups and voluntary organisations with the Council and all the other main agencies who provide services to local people. It aims to create an effective working partnership between the public, private, voluntary sector and community organisations working for the regeneration of neighbourhoods and communities in Bath. It will provide the basis for seeking future regeneration funding contributing to meeting Local Plan objectives.

Kennet and Avon Canal

A4.34 The Council contributes to the Kennet and Avon Canal Partnership, formed to restore the structure of the Canal with Heritage Lottery Funding. After completion of the major works in 2003 the Council will continue to contribute towards its ongoing maintenance and enhancement meeting Local Plan objectives on recreation, tourism and the environment.

Forest of Avon

A4.35 The Forest of Avon initiative, financially supported by the Council, has been established around Bristol and its surrounding towns and villages. It promotes the creation, regeneration, and multi-purpose use of well-wooded landscapes, providing wildlife and amenity benefits and opportunities for economic diversification. It can assist in improving the quality of the urban fringe and enable more people to enjoy the countryside close to home.

Biodiversity

A4.36 The Council has played a key role in initiating the "Wild Things" Partnership which is implementing the Biodiversity Action process for the B&NES area. The Partnership, launched in November 2000 will co-ordinate the activity of a wide number of environmental groups within the area, focusing on a priority list of locally important habitats and species. With the support of English Nature the Council also provides small grants for Biodiversity projects.

Environmental Partnerships

A4.37 The Council is also a key partner in a number of environmental partnerships which extend beyond the B&NES area i.e. Forest of Avon, Cotswolds AONB, Mendip Hills AONB and the Avon Valley Partnership. These initiatives provide a co-ordinated framework for tackling environmental and quality of life issues, drawing in funding from outside sources including the Countryside Agency and the Forestry Commission. The Cotswolds AONB has recently attracted almost £1.5m from the Heritage lottery fund for a variety of projects.

Council Environmental Grants to Voluntary Organisations

A4.38 A Programme of Grants to voluntary bodies also assists in the implementation of the Local Plan's objectives. Grants are available to groups, for example, who carry out environmental and heritage projects of benefit to their local community.

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Implementation of Other Council Strategies

Community Strategy

A4.39 In accordance with the Local Government Act 2000 the Council is preparing a Community Strategy for the District. Its aim is to enhance the quality of life of local communities through action to improve the economic, social and environmental wellbeing of the area and its inhabitants. A range of partner organisations will be involved in its preparation including those from public, private and voluntary sectors. When complete it will influence all other Council strategies including the Local Plan.

Other Council Strategies

A4.40 Many of the Council strategies influence the Local Plan and funding and action to implement these strategies comes from a range of sources including the Council's capital programme, Government and from other agencies. The following strategies make an important contribution to the Local Plan:

• Local Transport Plan
• Housing Strategy
• Economic Development Strategy
• Social Inclusion Strategy
• Change 21 - Local Agenda 21 Sustainable Development Strategy
• Leisure Strategy
• Education Asset Management and School
• Organisation Plans
• World Heritage Site Management Plan (under preparation)
• Bath Urban Archaeological Strategy (under preparation)
• Biodiversity Action Plan and Wild Things Partnership
• Cotswolds and Mendip Hills Area of Outstanding Natural Beauty Management Plans
• Early Years Development and Childcare Plan
• Public Arts Strategy (under preparation)
• Play Policy
• Community Care Plan
• Public Realm Strategy for Bath (under preparation)
• Norton Radstock Streetscape Strategy (under preparation)

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MONITORING

A4.41 As indicated in PPG12 the Plan needs to be kept as up to date as possible with a review at least every 5 years. The timing of the review will depend upon how effectively the plan is functioning in achieving its objectives and whether changes in national, regional or strategic policies have a significant bearing on the plan’s overall strategy and its detailed policies and proposals.

A4.42 In order to measure if the Plan is making progress in achieving its objectives, targets and indicators are identified. These will provide a consistent basis for monitoring the Plan and help inform whether a review is needed and its timing.

A4.43 Those identified can be readily measured but do not cover every aspect of the Plan's objectives. Further targets and indicators may be identified and used during the Plan period.

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Overall Strategy: Targets and Indicators Relating to Key Objectives 0S.2 – 0S.4 on Design

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Living and Working: Targets and Indicators Relating to Key Local Plan Objectives L.1 – L.14

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Environmental Assets: Targets and Indicators relating to Key Objectives E.1 – E.6

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Access: Targets and Indicators Relating to Key Objectives T.1 – T.4

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