Issue - meetings

The Council received a report on The Local Plan: Development Management Policies (‘the LPDMP’), which was the second part of Guildford’s Local Plan. Once adopted, it would supersede extant Local Plan 2003 policies and become part of the Council’s Development Plan. The LPDMP provided the more detailed policies to be used by Development Management in the determination of planning applications.

Following submission of the LPDMP by the Council to the Secretary of State in June 2022, the Plan was subject to Examination in Public. This included a set of written matters and questions from the Government appointed Planning Inspector, responses from the Council and consultees, and a series of hearing sessions into those issues that the Inspector considered necessary to explore further with all relevant parties.  Those sessions took place from 15 to 17 November 2022, following which, the Inspector proposed that several necessary main modifications be made for the plan in order for it to be found ‘sound’.  The proposed main modifications to the Plan underwent a formal consultation for a 7-week period from 15 December 2022 to 2 February 2023.  The consultation related only to the main modifications and not to additional/minor modifications, or the remainder of the plan.  On completion of the consultation, the Inspector considered the representations and prepared his report.

Following its receipt by the Council on 22 February 2023, the Inspector’s draft report was subject to a ‘fact check’.  This check allowed the Council the opportunity to review the accuracy of its contents, but it was not an opportunity to question the Inspector’s conclusions or findings. The Inspector’s final report, a copy of which was appended to the report submitted to the Council, was published by the Council on 3 March 2023.  The final report had confirmed the LPDMP to be sound, subject to several Main Modifications being made.

Following the Inspector’s recommended Main Modifications, the Council has also made several additional/minor modifications to the LPDMP, details of which were also appended to the report submitted to the Council.  These modifications were minor in nature, did not materially affect the plan’s policies, and were not matters of soundness.   They were designed to aid clarity, consistency, and accuracy.  During the examination, minor modifications were shared with the Inspector who agreed that they were correctly described as minor in nature and did not therefore need to be consulted upon.

Councillors noted that the report had also been considered by the Executive at its special meeting held on 20 March 2023.  At that meeting, the Executive had also considered and adopted, subject to the formal adoption by the Council of the LPDMP, “Parking Standards for New Development Supplementary Planning Document” (SPD), which linked to Policy ID10 on parking standards.

The Executive had commended the adoption of the LPDMP to the Council.

Upon the motion of the Deputy Leader of the Council, and Lead Councillor for Finance and Planning Policy, Councillor Joss Bigmore, seconded by the Leader of the Council and Lead Councillor for Housing and  ...  view the full minutes text for item 153

Decision:

1.    That subject to the adoption of the Local Plan: Development Management Policies, the Parking Standards for New Development Supplementary Planning Document (SPD) (at Appendix 6) be adopted.

2.    That the Lead Councillor with portfolio responsibility for Planning Policy be authorised, in consultation with the Joint Strategic Director of Place, to make such minor alterations to improve the clarity of the Parking Standards for New Development SPD as they may deem necessary.

3.    To note that Executive comments will be passed to the full Council meeting on 22 March 2023 via the Order Paper.

The Executive further

RECOMMEND (to Council):

(1)   That the Local Plan: Development Management Policies (as set out in Appendix 4 to the report), which incorporates the Inspector’s Main Modifications (at Appendix 2 to the report) and the Council’s Minor Modifications (at Appendix 3 to the report), be adopted.

(2)   That the Secretary of State be requested to exercise his powers to revoke the ‘residual’ policies of the 2003 Local Plan.

(3)   That updates to the Guildford Borough Policies Map be adopted in line with the Local Plan: Development Management Policies including additions proposed at Appendix A of the Local Plan: Development Management Policies, as amended by the Inspector’s main modification 6.

(4)   That the Lead Councillor with portfolio responsibility for Planning Policy be authorised, in consultation with the Joint Strategic Director of Place, to make such minor alterations to improve the clarity of the LPDMP as they may deem necessary.

Reason(s):

1.    To enable the adoption of the Parking Standards for New Development SPD to provide further guidance regarding the implementation of LPDMP Policy ID11 [now Policy ID10]: Parking Standards for New Development.

2.    To enable minor alterations to be made to the SPD should they be necessary prior to publication

3.    To enable the adoption of the LPDMP in line with the Council’s Local Development Scheme and for the plan to become part of the Council’s development plan, carrying full weight in the determination of planning applications.

4.    To enable the revocation of the ‘residual’ Local Plan 2003 policies that are not superseded by policies contained in the LPDMP.

5.    To ensure that changes are brought about to the policies map in line with the adoption of the LPDMP.

6.    To enable minor alterations to be made to the LPDMP should they be necessary prior to publication

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Local Plan: Development Management Policies (hereafter referred to as ‘the LPDMP’) was the second part of Guildford’s Local Plan. If adopted by full Council on 22 March 2023 it would supersede the extant Local Plan 2003 policies and become part of the Council’s Development Plan. The LPDMP provided the more detailed policies to be used by Development Management in the determination of planning applications. The Lead Council for Finance and Planning Policy introduced the report.

The intention of the policies was to provide the Council with the tools to secure good development across the borough covering a wide range of environmental, design, heritage and infrastructure matters. The policies would provide robust testing through the application process to obtain sustainable and attractive development. The policies would provide guidance to applicants for what the Council would like to see coming forward or reasons for refusal if applications did not meet the standards. The existing policies were nearly 20 years old and no longer fit for purpose.

The Executive noted the extensive consultation undertaken for the Regulation 18 and 19 process during the previous two years. Much work had been undertaken by councillors and officers to reach the point of submission to the Government appointed Planning Inspectorate in the summer of 2022. A series of public hearings had been heard with the inspector arriving at a number of recommendations for the Council concerning both minor and main modifications. The main modifications were subject to further public consultation concluding in early February 2023. The inspectors final report was received at the end of February and was published and circulated to all councillors. The final report found the Council’s policies sound, subject to the main modifications being implemented.

The main modification for biodiversity net gain was highlighted to the Executive. The Council’s draft policy set out a requirement for 20% across all developments. However, even if adopted by the Council, this could not be implemented until the Government policy of 10% was adopted. It was anticipated that would be in November 2023.

The draft polices were described by the Deputy Leader of the Council as robust having been through strenuous testing by officers, councillors and the public consultation process. It was acknowledged that not every suggestion submitted could have been included in the final drafts but that all suggestions had been considered through the consultation processes. The policies were commended to the Executive to recommend to full Council.

The Executive was also asked to consider and adopt a new Parking Policy Supplementary Planning Document (SPD). Whilst Policy ID10 did consider parking standards, it was considered preferable to retain a separate SPD which could be easily updated and was consequently more flexible and responsive. This had been approved by the inspector who required no main modifications to ID10 and had agreed to the split of guidance and policy. The adoption of the SPD was a matter for the Executive but that adoption remained dependent upon the overall adoption of the LPDMP by full Council because  ...  view the full minutes text for item 108

The Council considered a report which sought approval to submit the Local Plan: Development Management Policies to the Secretary of State for Examination by an independent Planning Inspector.  The Submission Local Plan was the second part of Guildford’s Local Plan. Once adopted it would, together with the adopted Local Plan: Strategy and Sites document (LPSS), fully supersede the existing Local Plan 2003 and become part of the Council’s Development Plan. The Submission Local Plan provided the more detailed policies to be used by Development Management in the determination of planning applications.   The report noted that the LPSS included a small number of development management policies where these were necessary in implementing the strategic policies, for examples in relation to Green Belt, employment and retail.

The structure of the Submission Local Plan was consistent with that contained in the LPSS. The chapters therefore consisted of: Housing, Protecting, Economy, Design, and Infrastructure and Delivery.

A Regulation 18 consultation on ‘issues, options and preferred options’ had been carried out in June/July 2020. This was followed by a ‘Regulation 19 ‘proposed submission’ consultation in January/February 2022. All the responses to that consultation had been analysed and no ‘main modifications’ were considered necessary.

It was proposed that the Regulation 19 version of the Submission Local Plan would be submitted alongside another version containing minor corrections and suggested minor amendments as tracked changes to enable the Inspector to consider these as part of the Examination process.  In examining the plan, the Inspector would be requested to recommend any main modifications that were considered necessary to make the plan sound. This would be subject to further consultation.

This matter had been considered by both the Joint Executive Advisory Board (JEAB) at its meeting on 10 May 2022, and the Executive on 26 May 2022.  The JEAB’s comments had been summarised in an appendix to the report submitted to the Council.  The Executive had endorsed the recommendation in the report.

The Leader of the Council, Councillor Joss Bigmore proposed, and the Deputy Leader of the Council, Councillor Julia McShane seconded the adoption of the following motion:

  (1)  That the Submission Local Plan: Development Management Policies, attached as Appendix 1 to the report submitted to the Council, together with all relevant associated documentation referred to in Appendix 2 to the report, be approved for submission to the Secretary of State for the purpose of proceeding to and through the Examination in Public process.

(2)   That the Lead Councillor with portfolio responsibility for Strategic Planning be authorised, in consultation with the Strategic Services Director, to make such minor alterations to improve the clarity of the submission documents as they may deem necessary.

Following the debate on the motion, Councillor Susan Parker proposed, and Councillor Ramsey Nagaty seconded, the following amendment:

After “Appendix 2 to the report, be approved” in paragraph (1) of the motion, substitute the following in place of the remaining text and omit paragraph (2):

“..subject to a cross-party emergency committee revising the document to strengthen its  ...  view the full minutes text for item 25

The Local Plan: Development Management Policies was the second part of Guildford’s Local Plan. Together with the adopted Local Plan: Strategy and Sites document (LPSS), it would fully supersede the existing Local Plan 2003 and become part of the Council’s Development Plan. The Submission Local Plan (SLP) enabled more detailed policies to be used by Development Management in the determination of planning applications, to test those applications and to ensure good development in the borough was sustainable and attractive.

The Chairman introduced a report that sought Executive approval to submit the SLP to Full Council and then subsequently to the Secretary of State for Examination by an independent Planning Inspector.

The report had been considered by the Joint Executive Advisory Board on 10 May 2022 and the comments arising from that meeting were set out in the supplementary agenda.

A ‘Regulation 19 ‘proposed submission’ consultation had been undertaken in January/February 2022, all of the comments and responses had been analysed and some ‘minor modifications’ had been made. No ‘main modifications’ were considered necessary. Of those responses it was noted that generally a two-way split could be observed of respondents who considered the proposals were too exacting and those who felt that the proposals did not go far enough. It was hoped that a balance had been presented and the Council’s own viability study showed the plan to be sound. Density levels had been a topic of many respondents and had been a feature of in-house discussions between councillors; however it had been agreed at Full Council prior to the ‘Regulation 19’ consultation that policies should not become so prescriptive as to encumber fair evaluations of individual applications.

It was explained that Supplementary Planning Documents (SPDs) were usually adopted by the Council itself. The Parking SPD was unusual case as it might be argued that parking standards was actually policy. The council had taken legal advice and considered that the Parking SPD should be submitted to the Inspector along with the SLP for a final decision. If the Inspector agreed that the parking standard was policy then it would be possible to turn the Parking SPD into an appendix of the SLP. If the Inspector did not agree and considered it should remain an SPD this would be preferable and be more flexible for the council in future.

The Planning Inspector would only review those comments and responses received during the ‘Regulation 19’ consultation and predominantly those responses about matters that were repeated many times and identified by the council as common concerns. The Inspector would consider if the council had fully addressed those matters or if there should be further study to reach a conclusion. If any matter had not been raised during the ‘Regulation 19’ consultation it would not be possible for the council to raise it with the Inspector following submission.

If the recommendation was approved by the Executive to submit to Full Council, it was proposed to submit the plan to the Secretary of State within two  ...  view the full minutes text for item 6

The Council considered a report on The Local Plan: Development Management Policies (hereafter referred to as ‘the draft Local Plan’), which was the second part of Guildford’s Local Plan. Once adopted it would, together with the adopted Local Plan: Strategy and Sites document (LPSS), fully supersede the existing Local Plan 2003 and become part of the Council’s Development Plan. The draft Local Plan provided the more detailed policies to be used by Development Management in the determination of planning applications.  Councillors noted that the LPSS included a small number of development management policies where these were necessary in implementing the strategic policies, for examples in relation to Green Belt, employment and retail.

The structure of the draft Local Plan was consistent with that contained in the LPSS. The chapters therefore consisted of: Housing, Protecting, Economy, Design, and Infrastructure and Delivery. A list of all the proposed policies and a brief summary of any changes in the policy approach compared to the Regulation 18 version was contained in Appendix 1 to the report. 

The Regulation 18 consultation had included both ‘issues and options’ and went on to suggest a ‘preferred option’ for each policy.  This approach was designed to generate meaningful comments and concerns, which it did and now enabled the Council to move straight to a Regulation 19 ‘proposed submission’ document.   This in turn would increase the possibility of being able to progress the plan to Examination without the need for main modifications and a further round of consultation.

There had been limited significant changes in the policy approaches set out in the Regulation 18 version; however, there were some notable changes, and these had been categorised in the following ways: refinement of policy approach, presentational/ structural changes, new policies, deleted policies and changes in policy approach from the preferred Regulation 18 approach to an alternative option.

The Regulation 19 consultation period would run for six weeks from early January to mid-February 2022.

The report had also sought permission to consult upon a Parking Supplementary Planning Document (SPD) for a four-week period.  This document would be consulted upon, but not adopted.  The issue of whether its content should form part of the DPD or be a standalone SPD would be put to the Inspector at the Examination in Public.  

Councillors noted that this matter was considered by the Executive at its meeting held on 23 November 2021.  The Executive had endorsed the recommendation in the report, subject to further investigation as to the merits of extending the requirement for design codes to all housing sites allocated in the Development Plan.  Details of the outcome of that investigation were set out in Order Paper circulated at the meeting.

The Lead Councillor for Regeneration, Councillor John Rigg proposed, and Councillor Liz Hogger seconded the motion set out in the Order Paper.  During the debate, whilst there was an acceptance that the Council should proceed to the Regulation 19 consultation without further delay, there were still ongoing concerns over the need for  ...  view the full minutes text for item 78

Decision:

The Executive agreed to recommend to Council at its meeting on 7 December 2021:

(1)    That the draft Local Plan: Development Management Policies document, subject to further investigation as to the merits of extending the requirement for design codes to all housing sites allocated in the Development Plan, be put before Full Council for approval for Regulation 19 public consultation and to approve a six-week period of consultation beginning in early January 2022.

(2)    That the draft Parking Supplementary Planning Document, incorporating any changes recommended by the Executive, be put before Full Council for approval for public consultation for a four-week period beginning in January 2022.

(3)    That the Lead Councillor with portfolio responsibility for Planning Policy be authorised, in consultation with the Director of Strategic Services, to make such minor alterations to improve the clarity of the documents referred to in paragraphs (1) and (2) above, as they may deem necessary.

Reasons:

The recommendations above are made to encourage the Council to:

(1)   Enable the draft Local Plan: Development Management Policies document to be published for public consultation.

(2)   Allow officers to undertake public consultation in line with the Town and Country Planning (Local Planning) (England) Regulations 2012, the Planning and Compulsory Purchase Act 2004, the National Planning Policy Framework 2021, Planning Policy for Traveller Sites 2015, the National Planning Practice Guidance, and the Council’s Statement of Community Involvement 2020.

(3)   Undertaking a public consultation on the draft Local Plan is a statutory requirement placed on Local Planning Authorities under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (‘Local Planning Regulations’) and will enable the Council to move closer to adopting the second part of the Local Plan as required by law and policy.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Executive considered a report concerning the second part of Guildford’s draft Local Plan. If adopted, the Development Management Policies (DMP) would, together with the adopted Local Plan: Strategy and Sites document (LPSS), supersede the existing Local Plan 2003 and become part of the Council’s Development Plan. The report provided the more detailed policies to be used by Development Management in the determination of planning applications.

The Leader of the Council introduced the report and noted that although there had been much detailed debate about the draft Local Plan policies, it was important to remember that the primary function of development management was to secure good development management for the future of the borough. The report set out a wide range of policies on environmental, heritage, design and more detailed infrastructure matters. The intention of the draft policies was to test planning applications and to deliver to exacting, sustainable and attractive standards. The draft policies would set the standard expected from development and also provide a reason to refuse planning applications should those standards not be met. The draft policies had been drawn up in line with the National Planning Policy Framework (NPPF) and other national standards, but were specific to Guildford.

The report had been considered by the Joint EAB on 20 September 2021 and the recommendations of the Board were set out in Appendix 8. Councillor Ruth Brothwell had chaired the meeting of the Board and submitted some additional written comments that were read to the meeting by the Democratic Services and Elections Manager. The Board had proposed some 71 amendments to 26 policies and a small group of cross-party councillors had met to prioritise those which were of greatest concern. Officers had thereafter made some amendments to the report that was presented to the Executive. The Joint EAB was eager that Regulation 19 was carried forward and the final DMP for Guildford published to enable a proper review of the Local Plan and to continue with all the right emphases. The Joint EAB had commended the DMP to the Executive for submission to Council.

The Leader acknowledged the amount of work undertaken through interaction between officers, councillors and the public to reach the current point in the process. Following the Regulation 18 consultation there had been 16 two-hour meetings of the cross-party Local Plan Panel, other numerous councillor sessions and an additional period of time to fully review the recommendations of the Joint EAB. Although there had not always been consensus between everyone throughout the process, the Leader thanked all of those who had participated in the discussions.

In coordination with the Council’s new Corporate Plan the policies would protect the environment strengthening the standards for new buildings in terms of carbon reduction commitments and requiring net gains in biodiversity of 20% which was greater than that set by Central Government. There would be new policies relating to parking, encouraging low-car or no-car developments areas well-served by public transport in order to increase air quality and encourage  ...  view the full minutes text for item 43

Prior to the Executive meeting on 26 October 2021, councillors were informed that this matter had been withdrawn from the agenda due to the need for additional time to enable Executive Members to give full consideration to the feedback given by Members of the Joint Executive Advisory Board at their meeting on 20 September 2021, and that this matter, together with the Local Development Scheme, would be considered at the next earliest opportunity.

As the Local Plan was part of the policy framework of the Council, and it was a requirement that proposals contained within policy framework documents that were presented to the Council were approved by the Executive, this item had therefore been withdrawn from the agenda for this extraordinary meeting of the Council.

Item 9 was withdrawn from the agenda for this meeting due to the need for additional time to enable Executive Members to give full consideration to the feedback given by members of the Joint Executive Advisory Board at their meeting on 20 September 2021. The item would be considered at the next earliest opportunity.

Item 9 was withdrawn from the agenda for this meeting due to the need for additional time to enable Executive Members to give full consideration to the feedback given by members of the Joint Executive Advisory Board at their meeting on 20 September 2021. The item would be considered at the next earliest opportunity.

The draft Local Plan Development Management Policies (LPDMP) and the Draft Parking Supplementary Planning Document (SPD) 2021 were before the Joint Executive Advisory Board (EAB) for consideration.  The Planning Policy Lead gave a brief introductory presentation that identified which current policies, Development Plan Documents (DPDs) and SPDs in the 2003 Local Plan would be replaced by planned policies in the LPDMP.  The key stages in preparing the LPDMP document included research; preparation of issues and options; consultations; submission to the Secretary of State; independent examination by an Inspector; publication of the Inspector’s report and acceptance of the main modifications prior to adoption.  The EAB was advised of the timings associated with these stages and it was anticipated that these would culminate in the LPDMP being ready for adoption in Spring 2023.  The document would assist with the determination of planning applications and its two key themes related to protecting the environment and to securing high design standards.

Following the presentation, the EAB discussed the draft Local Plan documents on a chapter by chapter basis and made the ensuing comments for forwarding to the Executive.

Housing Chapter

Policy H4: Housing Density

·             EAB members repeatedly expressed the view that Policy H4 should be retained.

·             Further guidance in the form of a Local Residential Design Guide, Borough Character Study, Design Codes and various SPDs was sought.  It was clarified that SPDs would be developed when the LPDMP was adopted to elaborate on the policies.

Policy H5: Housing Extensions and Alterations including Annexes

·             A related Character Study and Green Belt SPD were required in this area.

·             Proportionality was raised as an issue requiring consideration, particularly in the Green Belt, due to the risk that homes could be extended and altered in an out of character manner in terms of size, scale, mass and height, with taller homes dwarfing smaller homes.  Using 1968 rather than 1948 as a measurement starting point was suggested.

·             Permitted Development Rights needed to be controlled, where possible, with a view to enabling rational extensions in the Green Belt and related guidance should be included in the Reasoned Justification section.

·             There was a need to differentiate between Green Belt, Countryside and Urban areas (as was the case with 2003 H8 and H9 Policies).

·             The provision of greater clarity in Policy D9 was sought.

Policy H6: Housing Conversion and Sub-division

·             There was a request to transfer the specific elements (character, proportion, amenity space, adequate parking) from Policy H7 back to Policy H6.

·             Sub-division of infill properties was seen as an issue and it was felt that it would be beneficial to cross-reference and strengthen wording in relevant Policies to prevent it.

·             There was a need for a Houses in Multiple Occupation SPD to provide guidance in respect of property conversions and sub-divisions in order to prevent loss of family homes and negative impact on the character and amenities of affected areas.

·             It was requested that this Policy be expanded to secure an element of affordable housing as part of the conversion of  ...  view the full minutes text for item 38