Agenda item

The purpose of this report is to provide details of Supplementary Planning Documents (SPDs) referred to in the Local Plan and to prioritise their production to aid development management decisions. This report asks Members to consider the SPDs to be produced and recommend to Executive the SPDs to deliver as a priority.

Members considered a report which provided details of supplementary planning documents (SPDs) referred to in the Local plan, and asked them to consider the SPDs to be produced and confirm which should be recommended to the Executive to be delivered as a priority.

Officers advised that the submitted Local Plan had stated an intention to produce 12 SPDs to add further detail to a number of policy areas as well as individual SPDs for each of the Strategic Sites set out in the plan and a review of 3 existing interim SPDs regarding Houses in multiple occupation, sub-division of dwellings and household extensions. They had identified those SPDs focussing on Affordable Housing and Green Infrastructure as being of the highest priority to progress. The production of these SPDs would enable a more consistent framework for planning, both for applicants and Development Management. Furthermore these topics had both previously been highlighted as key priorities in order to support the Local Plan policy position. Their recommendation for progressing two SPDs balanced their expedient production against progressing the Local Plan examination, Neighbourhood Planning and the Joint Waste and Minerals Local Plan with current resources. They advised that if Members chose a higher number of SPDs to progress, this may increase the timescale for production or require further staff resources to progress all work streams concurrently.

Officers explained that SPDs followed a statutory process set out in the Town and Country Planning Regulations in order to become adopted planning policy which included a statutory public consultation.  Each SPD would be prepared in line with the regulations but until such time as the Local Plan was adopted, any prepared SPDs in accordance with the Regulations would remain as interim planning guidance. This interim guidance would be a material planning consideration, although the weight attached would be more limited than a fully adopted SPD. The intention would be to bring each draft SPD back to Local Plan Working Group and Executive prior to the consultation stage.

Discussion took place and further information was provided by officers in relation to the following issues:

·        Concern regarding challenges to consideration of interim SPDs in development management decisions [Skipton Properties Ltd v Craven District Council] – Officers advised that York’s position was different to that of Craven District Council. Officers agreed to provide an update to Executive as to whether there were any subsequent cases which had cited Skipton Properties Ltd v Craven District Council

·        Request that the SPD on HMOs (Houses in Multiple Occupation) be prioritised and  progressed  after the 2 currently put forward as priorities.

·        Reasons for choosing Affordable Housing and Green Infrastructure as the 2 SPDs to prioritise – These were two of most used policy documents for planning decisions and currently interim guidance was not in line with the evidence base submitted with the Local Plan.  Updating these 2 SPDs would provide clarity to the local plan policies and for applicants and Development Management. Furthermore these were areas raised by Members recently as key priorities.

·        Why sustainable transport had not been considered as a priority –Officers confirmed that it was their intention to  produce an SPD for sustainable transport and to update York’s Local Transport Plan at the same time so they align. It was considered that this was not considered as high a priority as the Local Transport Plan currently runs until 2030 and there are strategic transport policies within the submitted Local Plan.

·        Sustainable Transport SPD in terms of the detailed design guide approved for York Central and whether this would set a precedent for the SPD and the city as a whole. Officers said that the adopted priorities in the Local Transport Plan were valid until 2030 and that the strategic transport policies in the Plan set the overall strategic framework for the provision of sustainable transport. There would always be individual applications which can come forward incrementally but that there was an overall strategic framework provided by the current LTP and submitted Local Plan.

·        Process for prioritising future SPDs – officers confirmed that these would come back to the Members for agreement.

·        Protection of public houses – it was previously agreed that this would be included in the list of other community facilities under Policy HW1. Protection of public houses would therefore be included in an SPD for Health and Wellbeing

·        Update on review into interim SPD for controlling the concentration of HMOs in York. Officers confirmed that a review of this interim SPD has been commenced but had halted in order to prioritise the Local Plan submission although the database continued to be updated with planning decisions. Officers had consulted with housing colleagues regarding Government changes to HMO Licensing which were due to come into force in October. Officers confirmed that they were happy for this to be considered as one of the next priorities once the impact of the changes to HMO licensing were clear.

Councillor Warters proposed, and Cllr Pavlovic seconded, a motion to prioritise the affordable housing SPD but not take forward the green infrastructure SPD in favour of progressing the review of the interim SPD for HMOs. On being put to the vote this motion fell. 

After a full and thorough debate it was,

Resolved: That the Local Plan Working Group recommends to Executive to approve option 1, to progress interim SPDs to inform development management decisions in advance of the adoption of the York Local Plan prioritising two SPDs regarding Affordable Housing and Green Infrastructure.

Reason:     So that work on interim draft Supplementary Planning Documents can be progressed prior to adoption of the York Local Plan