Support

Representation ID: 7450

Received: 03/09/2021

Respondent: Phillip C Bath Ltd

Agent: DLP Planning Limited

This representation has been prepared by DLP Planning Ltd (DLP) on behalf of Philip C Bath Ltd in response to the Bedford Borough Council Local Plan 2040 consultation.
This representation relates to High Barns Farm, Roxton and their potential to provide for increased employment development. A location plan identifying the site is provided at Appendix 1.
BACKGROUND TO THE LOCAL PLAN REVIEW AND ITS RELATIONSHIP WITH NATIONAL POLICY AND OTHER MATERIAL CONSIDERATIONS
Summary of Local Plan 2030 and Requirement for Immediate Review
The Bedford Local 2030 was adopted subject to the provisions of Policy 1 – ‘Reviewing the Local Plan 2030’. The Inspectors’ Report provides further clarification of the requirement for Modifications introducing the approach to this Policy and that it was considered essential for soundness.
Paragraph 1.1 of the Council’s Preferred Options Consultation Document affirms the significance of the ‘guillotine’ mechanism inserted within the review policy, which engages paragraph 11(d) of the NPPF2021 in the event that a new Plan is not submitted for Examination before January 2023. While the Borough Council is aware it cannot avoid the consequences for the statutory development plan of failing to adhere to these timescales the Preferred Options published for consultation must also address the reasons for first introducing Policy 1. Drawing from the Inspectors’ Report:
• Paragraph 17 emphasises the importance of considering longer-term requirements and thus together with other issues with the Plan a need for the review to be undertaken as quickly as possible with the three-year timeframe providing balance to allow work to be completed effectively
• Paragraphs 33-34 anticipate that the review will consider the balance between jobs and workers including any changes in the balance of net out-commuting and the implications of the Oxford-Cambridge Arc
Paragraph 18 of the Inspectors’ Report confirms that Policy 1 cannot set the parameters of the updated Local Plan. While there is a desire for alignment with the delivery of cross-boundary strategic priorities (including those related to the delivery of the Oxford-Cambridge Arc) the requirement for review is a result of the deficiencies with the approach put forward by the Council in the Local Plan 2030.
The appointed Inspectors determined (in the context of the 2012 Framework) it would not be effective for the policies of the Local Plan 2030 to look beyond that date. The findings of soundness are predicated on the context of a very narrow remit of addressing the area’s strategic priorities (and even then, only with the application of the three-year ‘guillotine’ following adoption).
It is not open to future Inspectors to reach the same conclusion. This emphasises the importance of the of the first paragraph of Policy 1 and the overriding objective of the aim of the review to secure levels of growth that accord with government policy. This establishes grounds for a Plan that must be fundamentally deliverable / developable over than plan period and cannot further defer relevant decisions relating to options to meet the area’s strategic priorities.
In not fully responding to the reasons and scope of requirements for the review and subsequent update of the Local Plan the Council risks rolling forward several of the same fundamental shortcomings in the Local Plan 2030. This is not only contrary to the objectives of sustainable development but in the context of the most recent policy and guidance simply fails to provide the basis for a sound Local Plan.
National Policy and Guidance
The most recent version of the National Planning Policy Framework was published in July 2021, following commencement of the Council’s Preferred Options consultation. The changes were published in draft format in January 2021 (including those relevant to the plan-making framework) and thus available for the Council to consider.
These representations highlight four important components of the 2021 Framework and the changes they necessitate for the scope of the review, relative to the 2012 version of the Framework against which the current Local Plan 2030 was assessed. Other specific provisions of the Framework and NPPG are referred to in comments relating to detailed elements of the consultation proposal.
Firstly, Paragraph 22 of the NPPF2021 confirms that strategic policies should look ahead over a minimum 15-year period from adoption and anticipate long-term development requirements. This is a significant change from paragraph 157 of the 2012 Framework that specified that policies should be drawn up over an appropriate timeframe and only preferably a 15-year horizon.
Secondly, the second paragraph of NPPF2021 Paragraph 22 is a significant addition following the most recent revisions. This requires that policies should the address a vision that looks further ahead (at least 30 years. The transitional arrangements for these provisions at Annex 1 confirm their application to the preparation of all Plans except those that have already undergone consultation on the Submission version Plan. The Oxford-Cambridge

Spatial Framework is also seeking to cover the period to 2050 (i.e., 30 years).
The Council’s Preferred Options clearly anticipate reliance on these approaches to growth and the associated implications in terms of extended timescales for development. None of the Council’s Preferred Options set out the proposed approach beyond a 20-year horizon. As a result, detailed policies for the scale and distribution of growth cannot be considered consistent with national policy without significantly extending their scope alongside provision for the other requirements of sustainable development.
Thirdly, the requirements of Policy 1 of the Local Plan 2030 accord with the circumstances outlined at Paragraph 33 of the NPPF2021.
Finally, Paragraph 35 of the NPPF2021 confirms that the criteria for the assessment of soundness have changed since the 2012 Framework. In order to provide for a justified approach the policies for the Plan must provide for ‘an appropriate strategy’ rather than the ‘most appropriate’ strategy when assessed against reasonable alternatives. Paragraph 32 of the NPPF2021 provides further detail on the basis for assessing the proposed strategy in terms of seeking net gains for sustainable development and ensuring that the Plan has addressed relevant economic, social, and environmental objectives.
In summary, there is no longer any support in national policy for the outcomes of the Local Plan 2030 Examination in terms of pursuing constraints to the plan period and overall level of growth and deferring decisions on key components of approaches to meet strategic priorities for the area (particularly in terms of overall housing need (including affordable housing) and the delivery of social and community infrastructure (including health and education).
DLP, on behalf of Philip C Bath Ltd, welcomes the Council’s decision to review and update the various elements of the extant development plan and provide for a new local plan document that will fully reflect the policies of the National Planning Policy Framework (the Framework) and provide for the up-to-date development needs of the Borough and its residents in a sustainable manner. DLP wishes to make a number of comments on the consultation document as part of the background context to the representations we are submitting on the site itself.
This Report addresses the Council’s consultation proposals and identifies in-principle support for those elements of Council’s Preferred Strategy Options that indicate growth in the ‘east’ transport corridor parishes, specifically at Roxton. Reservations are, however, expressed in the context that the inclusion (and resultant levels of development) of the ‘east’ corridor parishes is unconfirmed and contingent upon only Option 2d being selected. Furthermore, in the case of our client’s interests, this strategy option should reflect the ability to complement opportunities for economic development through the intensification and expansion of existing commercial floorspace.
DLP wishes to make a number of comments on the consultation document as part of the background context to the representations we are submitting on the site itself.
Section 2 provides a background to the Local Plan Review and its relationship to national policy and other material considerations
Section 3 addresses specific comments on the Council’s Preferred Strategy Options and Preferred Option Policy Proposals together with their supporting evidence.
Section 4 discusses the suitability of our client’s land for development following a review of the Council’s Site Assessment Proforma.