Comment

Initial Consultation document

Representation ID: 92107

Received: 10/08/2018

Respondent: Broadland District Council

Representation Summary:

WP4, WP5, WP7 etc. - a number of policies refer back to WP3 stating that proposals 'may be acceptable on land within the identified uses in', the Policy would be more effective as 'will not be acceptable outside of land identified in'.

Full text:

General point - it is not necessary or desirable for policies to cross-reference to general policy MW2. There is a danger that if you just refer to MW2 this implies that other policies are not relevant, and other policies (e.g. MW 3 and MW4) that might be equally applicable across a range of specific development types may be overlooked .

MW1 - Presumption in favour of sustainable development. This largely duplicates policy contained in the NPPF. As such it is not necessary and conflicts with plan-making guidelines about duplication. It is suggested that it is deleted, and perhaps reworded into appropriate supporting explanatory text.

MW4 - Climate change mitigation and adaption. The wording of this policy is a little unspecific, through the use of "should" and "minimise" and "endeavour", and potentially conflicts with other regimes such as Building Regulations. It is suggested that it is made clear at the beginning of the policy that measures will be encouraged, or expected, to go beyond normal "national" standards if at all feasible, but that this is not a requirement.

MW6 - Agricultural soils. The policy should seek to guide development to the lowest grade of land available, and not lump 3b, 4 and 5 together.

WP2 - Spatial Strategy for waste management facilities. The meaning of the first sentence is unclear. It is unlikely that anywhere will be within five miles of more than one urban area or main town, and the reference to "at least one" implies that encouragement is being given to serving more than one area which could put the focus on a mid-point that poorly serves all areas.

WP3 - Land uses potentially suitable for waste management facilities
The list of potentially suitable land uses, 'within or adjacent to agriculture and forestry buildings' would appear to open up a wide range of sites to possible consideration, although it is understood that sites would need to meet the requirements of the general policies too. Permitted Development also opens up the scope for new build agricultural buildings, with relatively little input from the local planning authority. Consequently, it is suggested that clause d) be caveated 'appropriately located' and 'in established use'.

WP4, WP5, WP7 etc. - a number of policies refer back to WP3 stating that proposals 'may be acceptable on land within the identified uses in', the Policy would be more effective as 'will not be acceptable outside of land identified in'.

WP7 - Household Waste Recycling Centres. The reference to an "appropriate level of developer contributions from new developments will be sought" goes beyond the remit of the Minerals and Waste Local Plan by seeking to be applied to non - mineral or waste development. As such it would make the plan fail the test of legal soundness. Such a policy might be appropriately located within the local Plan of a local planning authority such as a District Council. An example is policy CSU4 in BDC's Development Management DPD 2015.
It would also be difficult to 'retro-fit' new Household Waste Recycling Centres into identified growth locations, if it was not a requirement when those locations were identified. Consideration could be given to allocating sites in the Minerals and Waste Local Plan which have good access to the growth locations.

WP15 - Whitlingham Water Recycling Centre. The majority of this policy is not worded as policy for land use and development, and would appear to be requests, for example Anglian Water being strongly encouraged to develop a long-term vision, and suggestions for the local liaison group and working relationships. Reference to these matters could perhaps be included in the supporting text with, possibly, the policy requiring the demonstration of how any improvement proposals fit into a long-term vision eg 'Any proposals for the improvement of WWRC must to be accompanied by a longer-term vision, produced in collaboration with ...' as this would likely be a consideration in the determination of any proposals.
As regards the Local Liaison Group, it might be worthwhile inviting other nearby Parish Councils in addition to the ones listed (eg Postwick and Thorpe St Andrew).

WP16 - Design of Waste Management facilities. This overlaps with MW2 and MW3. Therefore, this policy might be better placed in the General Policies part of the Plan, and used to cover waste and minerals proposals.