Local Plan Main Modifications Consultation
Policy 22: Protecting Employment Uses
| Local Plan page number | Policy or paragraph Local Plan | Proposed Change | Justification |
|---|---|---|---|
| 103 | Policy 22: Criteria 1 & 2 |
1. The site is no longer viable for employment purposes as demonstrated by an active and robust marketing extending to be at least 12 months, and [added]
2. The applicant has demonstrated that redevelopment of the site is not viable for continued employment uses, [removed]
|
Effective |
| 104 | Policy 22: Paragraph 9.19 |
The safeguarding of the borough’s employment land and buildings for employment uses is vital to support a growing and diverse economy. It is also important to strike the right balance between this and having the flexibility to allow alternative uses where this is appropriate. Policy 22 sets out the [removed] criteria against which proposals for alternative uses will be assessed, including in relation to the viability of the site. [added] for when a site is considered to no longer have a reasonable prospect of coming into use for employment purposes. [removed] In particular, the Council wishes to ensure that premises are not deliberately run down or neglected with the intention of demonstrating that they are not viable for continued employment uses and where the first part of criterion 1 requires further evidence, beyond the marketing report / viability appraisal, to demonstrate that the owner has taken all reasonable steps to ensure that the site is well-maintained and has not been deliberately run down or neglected. [added] The Council will continue to monitor employment land supply in terms of take up and review the existing portfolio of employment land to ensure it remains fit for purpose. |
Effective |
| 104 | Policy 22: supporting text (new paragraph) |
Compliance with criterion 2 will need to be agreed with the Council’s Environmental Protection team [added] |
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.