Local Plan Main Modifications Consultation
Policy 7: Flood Risk and Waste Management
| Local Plan page number | Policy or paragraph Local Plan | Proposed Change | Justification |
|---|---|---|---|
| 76 |
Policy 7: Criterion 6 |
Not culvert or build over watercourses except where access may be required for development. These proposals shall be in agreement with the Lead Local Flood Authority (LLFA). [added] |
Effective Justified |
| 77 |
Policy 7: Criterion 9 |
Where appropriate, make [added] Make [removed] greater use of nature-based solutions that take a catchment led approach to managing the flow of water to improve resilience to both floods and droughts. |
Effective |
| 77 |
Policy 7: Supporting text, new paragraph |
To reduce flood risk, development proposals will be expected to follow a sequential approach and requirements as set out in Policy 7 to ensure that flood risk is not exacerbated by development. [added] Widespread culverting within any development proposal will not be accepted in accordance with the Planning Practice Guidance, however we accept there may be instances where access may be required. These culvert proposals shall be submitted to the LPA and the LLFA for approval and will consider current relevant design standards with regards to culverting (e.g. CIRIA culvert design and operation guide) and be recognised within the SuDS maintenance plan for the lifetime of the development. [added] |
Justified Effective |
What to consider when making a representation
What are the tests of soundness and legal compliance?
The purpose of the examination is to consider whether the local plan complies with relevant legal requirements for producing local plans, including the duty to cooperate, and meets the national tests of ‘soundness’ for local plans set out in the National Planning Policy Framework (NPPF).
Therefore, representations submitted at this stage must only be made on these grounds and, where relevant, be supported with evidence to demonstrate why these tests have not been met.
Legal compliance
To be legally compliant the plan has to be prepared in accordance with the duty to cooperate and legal and procedural requirements, including the 2011 Localism Act and Town and County Planning (Local Planning) (England) Regulations 2012 (as amended).
Soundness
The inspector conducting the examination in public has to be satisfied that the local plan is ‘sound’; namely that it is:
• Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
• Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence.
• Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities, and
• Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.