Local Development Scheme

1 First Review of the Calderdale Local Development Scheme

Introduction

1.1 This document sets out the first review of Calderdale’s Local Development Scheme that is prepared under the provisions of the Planning and Compulsory Purchase Act 2004. This final version (November 2007), contains amendments derived from the responses of the Secretary of State and the Planning Inspectorate to the version submitted in March 2007.

1.2 The Local Development Scheme (LDS) is a public statement of Calderdale Council’s programme for the production of Local Development Documents (LDDs). It sets out which documents will be produced, in what order and when. This LDS, which is the first review of the already activated LDS focuses on plan-making activity in the three years between April 2007 and April 2010. The addition of the Year 2011 shows that the process is ongoing and does not have a formal end date. The LDS also provides an indication, in general terms of what work is proposed to support the development of baseline information for the documents to be developed. Any indication of work beyond April 2010 should be regarded as having less certainty. The LDS will be subject to continuous monitoring, and will be reviewed in response to evolving circumstances.

1.3 Appendix 1 ‘Glossary of Terms’ is provided at the end of this document defining the terms used in the LDS. This will help readers to understand the terminology used in the LDS.

What is an LDF?

1.4 Local development frameworks are intended to streamline the local planning process and promote a proactive, positive approach to managing development and delivering change. The LDF gives the Council an opportunity to take a fresh look at the District and to develop a strategic approach to planning that delivers sustainable development and reflects the aspirations of local communities

1.5 The Local Development Framework can be thought of as a folder comprising three different types of Local Development Documents (LDDs):

1. Development Plan Documents (DPDs) which form part of the statutory development plan;
2. Supplementary Planning Documents (SPDs) which amplify the policies of the statutory development plan, but are not part of the statutory development plan; and
3. The Statement of Community Involvement (SCI) which relates to the processes of public consultation and engagement used in preparing all LDDs.

1.6 Local Development Documents will be prepared in stages to create a spatial planning framework with associated policies and proposals for Calderdale to 2016 and beyond. At the heart of the Local Development Framework is the Core Strategy that, together with the Regional Spatial Strategy (RSS) for Yorkshire and the Humber, sets out a long term vision and spatial strategy for Calderdale and forms the statutory development plan for the District.

1.7 The LDF provides the flexibility to allow the strategy, policies and proposals to evolve in relation to needs, and to update parts of the strategy as required. Public involvement and sustainability appraisal throughout the process is a key feature of the new system.

1.8 The LDF is a spatial rather than purely a land use plan. The former system of the Unitary Development Plan focused upon the regulation and control of land uses. The new LDF will go further than this to take account of strategies and plans of other agencies, which were not traditionally involved in land use planning but which also have an impact on spatial development.

What is Spatial Planning?

1.9 There is no single definition of spatial planning but government guidance in PPS1:'Creating Sustainable Communities' describes spatial planning as going "beyond traditional land use planning to bring together and integrate policies for development and use of land with other policies and programmes which influence the nature of places and how they function" (para 30). The advice contained within PPS12:'Creating Local Development Frameworks' identifies six principles that can be applies to LDFs. Spatial Planning is an approach that is : -

• Visionary: - setting out a clear, distinctive and realistic vision of how the District will develop and change;
• Wide-ranging: - going beyond a narrow land use focus to provide a mechanism for delivering sustainable development objectives by addressing social, environmental and economic issues and relating them to the use of land;
• Participative: - based upon strengthened mechanisms for community involvement to consider the needs, issues and aspirations of communities and stakeholders across Calderdale, to provide a basis for making difficult but informed choices and to build commitment to delivery;
• Integrating: - an integrated approach which informs, takes account of and helps to deliver the strategies and policies of other agencies and service providers;
• Responsive: - a flexible approach to plan-making that is informed by monitoring and can respond to developments in wider policy, degree of progress with implementation, development pressures and changes on the ground; and
• Deliverable: - focusing on implementation, setting out delivery mechanisms, including development control, and identifying how the plan will be delivered with and through other organisations with the powers and resources to make a difference.

1.10 Spatial planning requires a significant change in the way agencies, not just the Council operate. For the Council it means that the DPDs produced by the Local Planning Authority (particularly the Core Strategy) should focus on outcomes and reflect the fact that land uses and activities from a range of service providers interrelate to and interact with one another. Whilst land use planning looked at the physical requirements and relationships, spatial planning provides the overarching development strategy which allows the physical land use needs of agencies, but also the social aspects of their service delivery to be considered and reflected in the strategy.

Processes Involved in Document Creation

1.11 The processes that must be followed in producing a document are set out in Regulations and Planning Policy Statement 12 'Creating Local Development Frameworks'. Figure 2 provides a summary of the general process for the preparation of documents within the Local Development Framework. For each of the document types Statement of Community Involvement (SCI); Development Plan Documents (DPDs) or Supplementary Planning Documents (SPDs) a number of Regulations govern their production. These give rise to specific milestones which are identified within the timetable set out in the LDS.

Statement of Community Involvement (SCI)

1.12 The SCI sets out the Council's policies and procedures for engaging with the community on document preparation and for decision making on planning applications. The document is subject to informal consultation under Regulation 25 and two formal consultation periods (Regulations 26 and 28). It has to be submitted to the Secretary of State and be subject to examination by a Planning Inspector, who will examine the soundness of the document. After the examination, a binding Report will be issued to the Council which must act upon the Inspector's Recommendation.

Development Plan Documents

1.13 Development Plan Documents (DPDs) form part of the statutory development plan for the District. The other part is the Regional Spatial Strategy which is prepared by the Yorkshire and Humber Assembly and issued by the Government Office for Yorkshire & the Humber. (Further information about the RSS is set out below).

1.14 The process for the production of Development Plan Documents (DPDs) is characterised by early community engagement through the preparation of Issues and Options for the DPD to consider (Regulation 25). This process is sometimes called "front-loading" and tries to ensure that all relevant options are brought forward at an early stage into the plan-making process so that they can be fully appraised and assessed. Formal consultation and engagement on the Council's Preferred Options (Regulation 26) arising out of the "front-loading" and consultation exercises leads to a further refinement of the DPD as a version for submission to the Secretary of State. This is subject to a further round of public consultation (Regulation 28). There then follows a detailed examination into the "soundness" of the DPD by a Planning Inspector who will produce a binding report for the Council to act upon.

1.15 Running alongside and being integral to the whole DPD process is the concept of Sustainability Appraisal (SA) and the need to undertake Strategic Environmental Assessment (SEA) under the requirements of the EU 'Habitats Directive' 92/43/EEC. This process will assess the document to ensure that it contributes to the development of a sustainable community and that mitigating actions are identified where necessary to reduce the impact of adverse effects.

Supplementary Planning Documents

1.16 SPDs are intended to expand upon policy or to provide further details to policies already included within DPDs. They do not have development plan status and cannot allocate land for development or overwrite DPD policies. SPDs can demonstrate through illustrations, text or practical examples how policies within DPDs will be taken forward.

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