16.1. Justification of Part 1 Policy
16.1.1. There are clear circumstances in which certain
types of benefit can reasonably be sought in connection with a grant of
planning permission. Briefly, they are where the benefit sought is related
to the development, and necessary to the grant of the planning permission.
16.1.2. In this sense, unacceptable development should
never be permitted because of unrelated benefits offered by the applicant,
nor should an acceptable development be refused simply because the applicant
is unwilling to offer such unrelated benefits.
16.1.3. Government policy, in WO Circular 13/97:
Planning Obligations, therefore, states that benefits should be "fairly
and reasonably related in scale and kind to the proposed development".
16.1.4. Thus a developer may reasonably be expected to
pay for, or contribute to, the cost of infrastructure which would not have
been necessary but for his development. So, for example, a developer may
reach agreement with an infrastructure undertaker to bring forward a project
which is already programmed but is some years from implementation. It may
also be reasonable in certain circumstances for a developer to pay for
mitigation measures.
16.1.5. Recent Case Law has widened the scope of what a
local planning authority can legitimately obtain as benefit. The term
"fairly and reasonably related" is not now seen as a strict legal
requirement. The law offers the interpretation that if the benefit has some
connection with the proposed development which is not de minimis, regard
must be had to it by the local planning authority or any other
decision-maker such as the National Assembly for Wales. Legally, therefore,
all that is, needed is that the obligation/planning gain/benefit must be
"material" and hence relevant to the decision.
16.1.6.
Policy 22 takes both the policy and the
strict legal requirement into account in dealing with the issue of planning
gain/community benefit. The County Borough Council will, therefore, expect
all applications for built development to include material proposals which
deal with the fair and reasonable direct and indirect infrastructural
requirements of the development and which ensure that there are not
consequential and significant environmental, social and economic impacts on
the existing community.
16.1.7. It is also recognised that proposals for planning
gain/community benefits can vary according to the impact of the proposed
development and that the effects may need to be assessed in combination with
those from other related proposals. In this respect, it is not just the
large scale, prestige type developments which impinge adversely on existing
infrastructure. Every new development that occurs will in some small way
affect the existing situation. The cumulative effect over a period of time
can be quite significant, particularly at a time of severe financial
constraint in terms of public sector expenditure.
16.1.8. The Unitary Development Plan is required to be
both realistic in relation to the resources likely to be available, and to
be kept under review. These requirements are linked in that resource
availability, especially financial resources, influences the speed with
which the aims and objectives can be achieved and specific policies and
proposals implemented.
16.1.9. The preferred land use strategy is robust in that
it does not assume nor depend on particular levels of investment, from
either the public or private sector, within a specific timescale. There
should, however, be measurable progress towards achieving key objectives.
The absence of such progress would call into question not just the adequacy
of financial resources but also the effectiveness of the policies and
proposals in addressing the issues.
16.1.10. Regular monitoring of all aspects of the UDP
will identify progress, or lack of it, and the need for policy review.
Part 2
16.2. Introduction
16.2.1. This Chapter briefly identifies some of the
mechanisms for policy implementation, and the Council’s approach to UDP
monitoring and review.
16.3. Implementation and Resources
16.3.1. The UDP is concerned with the process of change
within the County Borough and how this can be managed. The Guiding
Principles set out at the beginning provide the overall direction of how
change will be managed over the Plan period. The Plan policies and proposals
provide, as far as possible, clear guidance to help in decision-making by
the many implementing agencies.
16.3.2. There are a number of ways and means by which
development takes place and policies are implemented. There are three main
factors which influence the implementation of the UDP:-
16.4. Type of Policy or Proposal
16.4.1. There are three types of policy within the UDP
and each achieves things in different ways. The different types of policy
are often mutually supportive so that for example, a policy controlling
development may also be linked to a policy promoting a particular approach
and requiring that it be monitored. Basically, no policy will be applied
in isolation; account will be taken of all relevant policies.
Promotional Policies
16.4.2. This category of policy has probably the greatest
emphasis within the Plan. The fundamental aims of such policies are the
improvement of the general environment and the economic and social
regeneration of the County Borough. Promotional policies do not necessarily
require additional resources. They may even attract new resources.
16.4.3. The form of promotional policies varies
considerably from those that merely allow, through to those which advocate,
enable, facilitate and propose action. For example,
Policy RC4 favours
recreation proposals which result in the wider community use of those
facilities, whilst
Policy RC6 goes further in specifically allocating sites
for new playing field provision.
Control Policies
16.4.4. There are many policies in the UDP which are
concerned with controlling development. This does not mean that such
policies are simply negative in approach and seek to prevent things taking
place, although this will often be the effect. In many cases, they also
indicate what will be allowed and supported in advance. They are concerned
with ensuring that development takes place in a particular way to the
overall benefit of the community. For example, control over the type of
development in a particular area may seek to protect the character or
amenity of that area. In this regard,
Policy EV11 controls new development
in areas defined as green wedges.
16.4.5. Other policies, or parts of policies, set out
criteria for making decisions on planning applications. These criteria are
included to provide more information as to how planning decisions will
generally be made. For example,
Policy H5 establishes the criteria by which
applications for the restoration or conversion of existing buildings in
urban areas will be judged.
Information Policies
16.4.6. One fundamental purpose of the UDP is to advise
on the current and likely future situation in the County Borough with regard
to a wide range of matters. Many policies refer to information which is of
direct benefit and guidance to many implementing agencies. For example,
Part 1 Policy 4 refers to housing provision during the plan period and
in so doing provides important information not only to the private house
builders but also to the utility industry.
16.4.7. An integral part of this type of policy is the
need to monitor and review information so that it is kept up-to-date.
16.5. Resource Availability
16.5.1. All policies ultimately require resources to
ensure successful implementation. Three categories of resource are relevant
to the UDP: land, financial and human resources.
16.5.2. The implementation of some policies require the
use of only one category of resource, while others, being more complex,
involve a mix of resources often at different stages.
Land Resources
16.5.3. Land is a finite resource which must be used very
carefully if the environment of the County Borough is to be protected and
enhanced. The use of land is the key mechanism by which the majority of UDP
policies are to be implemented. Some topics areas are more “land hungry”
than others. Therefore, the success in implementing many of the Housing and
Employment policies is particularly dependent upon the availability of
relatively large amounts of land.
16.5.4. Notwithstanding this, the County Borough Council
has more influence over the form and timing of development on land in its
ownership or control than on privately owned land. Where appropriate,
therefore, the Council may enter into partnership arrangements with private
developers/other agencies to ensure that sites are developed in a way which
accords with the policies of the Plan.
Financial Resources
16.5.5. The UDP must be realistic and not raise
aspirations which cannot be fulfilled. The policies and proposals must have
a realistic prospect of being implemented within the Plan period. One
important element of this is financial feasibility. However, the UDP also
offers the opportunity to stimulate and draw in investment and new sources
of finance by highlighting the need for the development of the
infrastructure of the County Borough.
16.5.6. Successful implementation of the UDP will
therefore involve the financial support of a wide variety of public and
private sector bodies, business interests and voluntary organisations, many
of which have already contributed to the plan preparation process.
16.5.7. The Council has an important role to play as an
enabler and coordinator of such bodies, as well as more direct action such
as:-
-
Through the use of its planning powers under the Town
and Country Planning Act, particularly in determining planning
applications and negotiating Section 106 agreements;
-
Through the priority it attaches to specific
regeneration programmes and other projects;
-
Through the targeted use of its own capital and
revenue budgets;
-
Through attracting external funding from central
government and the European Union; and,
-
Through the influence it can exert as a major
landowner in key areas.
16.5.8. External sources of funding that are particularly
significant for achieving the UDP’s objectives are the bids for housing and
transport investment which the Council submits annually to the Welsh
Assembly. These and other sources of finance can provide the matching funds
required to draw in additional support from EU Objective 1 resources, which
in some cases can add up to 50% to the funding available for projects.
16.5.9. Where the Council is wholly dependent upon
outside agencies, developers and landowners to bring forward development
proposals, its influence is less direct. Nevertheless, the UDP will still be
a means of coordinating and promoting development and of guiding decisions
on planning applications. Where relevant, developers will be expected to
contribute towards the cost or provision of any new social and community
infrastructure required, or other services or amenities, through appropriate
planning/highway agreements.
Human Resources
16.5.10. In addition to land and finance, there are other
less tangible resources which will be used to implement the UDP policies.
16.5.11. The use of people in implementation terms is as
variable as the amount of time they spend on a particular project. Clearly
this is tied to the attitude of the agencies involved and the types of
policies being implemented.
16.6. Implementing Agencies
16.6.1. In addition to the County Borough Council, many
other agencies are involved in the implementation of the UDP policies. For
example, nearly all of the housing development that has taken place in the
last 10 years has been undertaken by the private and voluntary sectors, with
the Council having an enabling role. Employment initiatives are, however,
much more of a shared responsibility.
16.6.2. The main agencies involved in the implementation
of the UDP will be:-
-
Bridgend County Borough Council;
-
Welsh Development Agency;
-
Countryside Council for Wales;
-
Environment Agency (Wales)
-
Utility Companies;
-
Other public agencies;
-
Private companies;
-
Housing associations;
-
Voluntary and community organisations; and
-
Private individuals.
16.6.3. Frequent recognition is given throughout the UDP
to the importance of involving local communities in decisions which shape
their lives. Local involvement is often the most fruitful way of
implementing policies and proposals effectively. People value what they have
achieved themselves.
16.6.4. It is readily apparent that the fulfilment of the
aims of the UDP and the implementation of its policies rest upon a wide
spectrum of interested parties.
16.7. Monitoring and Review
16.7.1. An important function of the UDP is that it
provides a single source of information on a wide variety of planning
matters. Long term planning to the year 2016 is necessary in order to
achieve clear directions for the development of Bridgend County Borough.
During times of rapid technological and other developments, it is accepted,
however, that a balance has to be struck between firm long-term planning
policies and short-term flexibility to meet changing circumstances.
16.7.2. Monitoring and review are vital if the Plan is to
remain relevant to modern needs. By the combination of those two procedures,
it is intended that the plan will remain an ongoing and up-to-date source of
planning advice, promotion, direction and control until 2016.
16.7.3. Information is a key resource in the making of
properly informed decisions on planning matters both for the local planning
authority and for other development agencies. Each Chapter of the Plan has
generated a number of items; for example, residential and industrial
landbanks, which require monitoring.
16.7.4. The monitoring of specific items within the
Unitary Development Plan will take place on a regular basis to ensure that
up-to-date information is available to assist in making planning and
development decisions.
16.7.5. The purpose of monitoring is to ensure that the
planning process becomes informed of changes and trends which would
otherwise not be noticed for a significant time. Formal review of the Plan
allows for this regular procedure to be built into the statutory development
plan process. In this way policies to guide development can be updated on a
systematic basis to ensure that the quality of planning decisions is
maintained.
16.7.6. Planning policies and proposals within the
Unitary Development Plan will be comprehensively reviewed at an appropriate
time during the plan period.
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