Agenda item

To receive a report by the Chief Planning Officer.

Submitted – a report by the Planning Policy Manager – Joint Planning Policy Unit (Gwynedd and Anglesey) in relation to the above.

The Portfolio Holder – Planning & Public Protection said that the Anglesey & Gwynedd Joint Local Development Plan was adopted July 2017 and is operational during the period up to 2026.   Although the Development Plan contains policies that enable the Local Planning Authority to make consistent and transparent decisions on development applications, it is unable to provide all the detailed advice required by Officers and prospective applicants to steer proposals locally.  In order to provide this detailed advice, the Councils are preparing a range of SPG’s to support the Plan that will provide more detailed guidance on a variety of topics and matters to help interpret and implement the Plan’s policies and proposals.  The initial draft was considered by Members of the Joint Local Development Plan Panel (which has an equal number of members from both Gwynedd and Anglesey Councils) and following the consultation on the SPG the Joint Planning Policy Committee will be making a decision regarding the suitability for adoption at its meeting on 23 May, 2019.  

The Chief Planning Officer reported that the purpose of the report is to raise awareness of the development of the Supplementary Planning Guidance: Maintaining and creating distinctive and sustainable communities amongst members of the Scrutiny Committee and to ensure that it is scrutinized prior to the Joint Planning Policy Committee making a decision regarding its suitability for adoption at its meeting on 23 May, 2019.  It was noted that the Communities Scrutiny Committee (Gwynedd Council) has discussed the report on 4 April, 2019. He expressed that once the SPG’s are approved they are relevant planning considerations when dealing with planning applications and the Planning and Orders Committee will be required to follow the guidance within the SPG.   Welsh Government and the Planning Inspectorate also gives weight to the SPG’s that are consistent with local development plans. 

The Supplementary Planning Guidance seeks to ensure that the following Policies regarding sustainable development are integrated within the development process:-

·      PS1 – Welsh Language and Welsh Culture;

·      PS5 -  Sustainable Development;

·      PS6 - Mitigation of Climate Change effects.

The SPG before this Committee is to provide detailed guidance on specific policies to ensure that they are effectively and consistently implemented across the area covered by the Joint Local Development Plan.  Guidance cannot change policies or proposals set out in the Local Development Plan and new policies can’t be introduced through Supplementary Planning Guidance.  

The Chief Planning Officer reported that Appendix 1 of the report refers to the public consultation which was undertaken with regard to the SPG from 3th December 2018 to 31st January 2019.  It was noted that 88 representations were received from 8 representatives/organisations; most representations were accepted apart from matters received which entailed changing planning policies or were for matters already addressed in the SPG.  Appendix 2 attached to the report, is a draft copy of the SPG, however some editorial work still needs to be undertaken to incorporate all the recommended changes. 

The Guidance is divided into 3 Sections.  Section 1 provides guidance on policies within the Plan that permit developments that are necessary to create distinctive and sustainable places.  Section 2 (and the majority of the Appendices to the Guidance) deals specifically with how to apply Policy PS1, The Welsh Language and Welsh Culture. Appendix 6 provides examples of actions/activities that could be incorporated in developments and/or requested in order to make a development acceptable (in terms of planning land use).  Appendices 7 and 8 provide methodologies to undertake relevant assessments of effects.  Section 3 identifies the surveys and documents that must be submitted with the planning application, depending on the nature, scale and location of the proposed developments. 

The Officer outlined the next steps and timetable as regard to the SPG and noted that the Joint Planning Policy Committee will consider, at its meeting to be held on 23 May, 2019 the comments received by the Communities Scrutiny Committee and the Partnership and Regeneration Scrutiny Committee; the feedback received during the public consultation; final draft copy of the Supplementary Planning Guidance in order to decide if the Guidance is suitable for adoption (and therefore replaces the existing Supplementary Planning Guidance covering this subject). 

The Committee considered the report and raised the following main matters:-

·      Reference was made that 88 representations were received with regard to the SPG.  Questioned raised whether the service was disappointed as to the amount of representations received and reference was made that no representations was received by the Community Councils’ on Anglesey.  The Chief Planning Officer responded that all the Community Councils have been approached but noted that it is important to note that it is the substance of representations received that is paramount to the SPG; the representations received have been constructive;

·      Questions raised as to whether the SPG could in time change planning policies.  The Chief Planning Officer responded that there are monitoring steps undertaken on a continued basis and performance indicators will be undertaken as part of that process which could amend planning policies;

·      Clarification was sought as to whether the process within the planning process is robust enough to protect the Welsh language and culture within rural communities when a large planning application is submitted.  The Chief Planning Officer responded that at present the previous SPG’s (adopted under the previous development plan) which is currently been used does not give up to date guidance in terms of methodology as regards to language assessments.  The draft SPG before this Committee will give guidance to developers as to the procedures required and will ensure that core information as regards to the Welsh language and culture is submitted with planning applications and to allow developers as to how to define the requirements of the SPG within its context;

·      Reference was made that decisions by both Planning Committees may be subject to challenge and an appeal will be submitted to Welsh Government.  Questions were raised as to whether the SPG before this Committee was robust enough to be able to challenge appeal decisions.  The Chief Planning Officer responded that Welsh Government has placed a lot of emphasis on SPG’s which are consistent with adopted Local Development Plan;

·      Reference was made that large potential development on the Island i.e. Bluestone and Newry Beach development, could have potential effects on the Welsh language.  The Portfolio Holder for Planning and Waste Management responded that the guidance within the SPG is to protect and strengthen the Welsh language.  The Joint Planning Policy Committee has been discussing the guidance since September 2017;

·      Reference was made that even small development could affect the ethos of the Welsh language within a rural area.  Questions were raised as to how the SPG could protect such development in rural areas.  The Chief Planning Officer responded that the SPG addresses developments within larger towns within both local authorities when planning applications of more than 10 dwellings are proposed, a Welsh language impact assessment needs to be attached to the application thereafter.  However, if a rural area is designated as a development area an additional application to the minimum set out within the Joint Local Development Plan is exceeded then a Welsh language impact assessment would be required.  Developers will need to seek professional individuals to produce a Welsh language and Culture impact assessment.

It was RESOLVED to accept the Supplementary Planning Guidance: Maintaining and creating distinctive and sustainable communities as presented in Appendix 1 of the report.

ACTION: To inform the Joint Planning Policy Committee that the Isle of Anglesey County Council has accepted the Supplementary Planning Guidance: Maintaining and creating distinctive and sustainable communities.