INSPECTOR’S REPORT DORSET COUNTY COUNCIL STATEMENT OF COMMUNITY INVOLVEMENT

INSPECTOR’S REPORT
DORSET COUNTY COUNCIL
STATEMENT OF COMMUNITY INVOLVEMENT
Inspector: David Robins BA PhD FRTPI
Date:
22nd January 2007
Dorset County Council Statement of Community Involvement
(November 2006)
INSPECTOR’S REPORT
Introduction
1.1
An independent examination of the Dorset County Council’s
Statement of Community Involvement (SCI) has been carried out in
accordance with Section 20 of the Planning and Compulsory
Purchase Act 2004 (the Act), as applied by s18(4) of the Act.
1.2
Section 20(5) indicates the two purposes of the independent
examination in parts (a) and (b). With regard to part (a) I am
satisfied that the SCI satisfies the requirements of the relevant
sections of the Act, in particular that its preparation has accorded
with the Local Development Scheme as required by s19(1) of the
Act.
1.3
Part (b) is whether the SCI is sound. Following paragraph 3.10 of
Planning Policy Statement 12: Local Development Frameworks, the
examination has been based on the 9 tests set out (see Appendix
A). The starting point for the assessment is that the SCI is sound.
Accordingly changes are made in this binding report only where
there is clear need in the light of tests in PPS12.
1.4
A total of 65 representations were received, all of which have been
considered. The Council proposed a number of amendments to the
SCI in response to representations received, and these have been
taken into account in the preparation of this report. Further
information was requested from the Council in relation to Test v
and this information is contained in Appendix B to this Report.
Test 1
2.1
The Council has undertaken the consultation required under
Regulations 25, 26 and 28 of the Town and Country Planning (Local
Development) (England) Regulations 2004.
2.2
This test is met.
Test 2
3.1
Paragraphs 2.5 – 2.15 acknowledge that the Minerals and Waste
Development Framework (MWDF) is a way of delivering the aims of
the Dorset Community Strategy, and states that the Council will
work with the Dorset Strategic Partnership, the Local Strategic
Partnership, to make sure that the content of the two documents
complement each other and to avoid duplicating consultation
exercises. The SCI also makes reference to other community
strategies (Paragraphs 2.9 – 2.15), such as the Corporate Plan,
‘Our role in Dorset’ (Paragraph 2.9) and the Council’s
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Communication Strategy, ‘Connecting with our Community’
(Paragraph 2.12) and states that consideration will be given to how
these will be linked in terms of objectives and consultation.
3.2
The SCI also makes it clear in Paragraph 2.8 that the County
Council will have regard to the Community Strategies produced by
other authorities in Dorset.
3.2
This test is met.
Test 3
4.1
The Council has set out in Appendix 2 of the SCI those groups
which will be consulted. This list includes the statutory bodies from
PPS12 Annex E. It is stated at Paragraph 3.4 of the SCI that the
Council will hold a database of consultee details and that this will be
updated as necessary. Details of how to be added to the database
are provided. Furthermore, the Council state in Paragraph 3.5 that
they will consult with additional local stakeholders where
appropriate.
4.3
The re-organisation of certain consultation bodies, such as the
Strategic Rail Authority, should be acknowledged in the SCI and I
recommend an additional sentence be added to this effect.
(R1) Insert the following to the beginning of Appendix 2:
"Please note, this list is not exhaustive and also relates to successor
bodies where re-organisations occur."
Additionally as the re-organisation of the Countryside Agency and
English Nature has now taken place, remove the italic text relating
to this re-organisation from Appendix 2, and additionally remove
the references to the Countryside Agency and English Nature and
replace with “Natural England”.
4.4
Subject to the recommendation above, this test is met.
Test 4
5.1
Paragraphs 3.10 -3.14 and Appendix 5 of the SCI show that the
Council will involve and inform people from the early stages of Local
Development Document (LDD) preparation and Appendix 3 sets out
the range of methods the Council will employ to do this. The
Council clarify in Appendix 5 the stages at which consultatio n will
take place and who will be consulted at those stages. It shows that
consultation will take place with the key stakeholders during the
issues and options stage of LDD production in accordance with
Regulation 25.
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5.2
I am satisfied that providing these stages are followed the
consultation proposed will be undertaken in a timely and accessible
manner.
5.3
This test is met.
Test 5
6.1
Appendix 3 of the SCI sets out the methods that the Council
propose to use to involve the community and stakeholders. These
cover a range of recognised consultation techniques that will
present information via a range of different media. The Council
acknowledge the benefits and disadvantages of the different
methods and indicate through Appendix 5 at what stages of LDD
preparation the various methods might be employed.
6.2
The SCI acknowledges at Paragraph 3.8 that the Council may have
to provide extra support to facilitate consultation with certain
groups or individuals, and identifies some methods utilised to
attempt engagement with these groups.
6.3
The SCI should provide details on how the Council will make their
information accessible to all members of society, and should also
set out how they will meet requirements of the Race Relations Act
2000 and the Disability Discrimination Act 1995. The Council were
asked to provide this information and also to provide an
advertisement of the availability of the SCI in alternative formats,
on request and lastly for a generic statement of intent with regard
to the availability of all MWDF documentation in alternative formats.
The Council’s response is given below and I recommend that the
following amendments be made to the SCI.
(R2) Insert a new paragraph, Paragraph 2.16 subtitled “Equality and
Diversity Scheme.”
“Dorset County Council has a Comprehensive Equality and Diversity
Scheme explaining the action to be taken to promote equality and
diversity for all people in Dorset and explaining how the legal duties
under the Race Relations Act (Amendment) 2000 and the Disability
Discrimination Act 1995 and 2005 will be met. The scheme covers
the six equality dimensions of age, disability, race, faith or belief,
gender, sexual orientation. All development plan documents will
comply with the standards set out in this statement.”
Insert a new paragraph after Paragraph 5.8 – subtitled “Availability
of documents in alternative formats.”
“All documents that make up the Minerals and Waste Development
Framework will be made available, on request, in large print,
Braille, audio tape or another language or any other format by
contacting the planning policy team.”
3
Insert on the inside front cover of the SCI:
“If you wish to receive this document in large print, another
language, Braille, audio tape or any other format please contact the
Planning Policy Team on 01305 228585.”
6.4
I am, however, satisfied that the methods of consultation proposed
in the SCI are suitable for the intended audiences and for the
different stages in LDD preparation.
6.5
Subject to the recommendation above, this test is met.
Test 6
7.1
Paragraphs 5.2 – 5.6 of the SCI explains how the Council will seek
to ensure that sufficient resources are put in place to achieve the
scale of consultation envisaged. I am satisfied that the Council is
alert to the resource implications of the SCI.
7.2
This test is met.
Test 7
8.1
Paragraph 3.16 of the SCI and also details given in Appendix 5
explains how the results of community involvement will be taken
into account by the Council and used to inform decisions. The
Council also propose to prepare reports at the end of the
consultation period explaining how views have been considered and
documents changed in light of the community involvement. The SCI
explains in Appendix 5 where these will be made publicly available.
8.2
This test is met.
Test 8
9.1
Paragraph 5.1 of the SCI explains that the Council continuously
monitors and reviews all consultation documents and that the SCI
will be formally reviewed as part of this process and reported on
through the Annual Monitoring Report.
9.2
I am satisfied that the Council has mechanisms for reviewing the
SCI and have identified potential triggers for the review of the SCI.
9.3
This test is met.
Test 9
10.1
Chapter 4 and Appendix 4 of the SCI describe the Council’s policy
for consultation on planning applications. Appendix 4 and Paragraph
4.5 meet the minimum requirements and Appendix 4 and
Paragraph 4.8 provide details of additional methods of consultation.
This distinguishes between procedures appropriate to different
4
types and scale of application and Paragraphs 4.10 – 4.11 include
information on how the consultation results will inform decisions.
10.2
The SCI does not address the longer statutory time period for
consultation that may be applicable in certain circumstances, and I
recommend a change to acknowledge this.
(R3) Insert the following at after the first sentence of Paragraph 4.5:
“Bodies such as Natural England will be allowed a longer period of
time to comment on applications where this is prescribed by
legislation.”
10.3
Subject to the recommendation above, this test is met.
Conclusions
11.1
The Council have set out in their Regulation 31 Statement a
number of proposed changes to the SCI in response to
representations received on the submission document. These
suggested amendments, which are given in Appendix C to this
report, do not affect the substance of the SCI but they do improve
the clarity and transparency of the submission SCI. I therefore
agree that they be included.
(R4) Implement the changes to the SCI proposed in Appendix C to this
report.
11.2
Details of the Minerals and Waste Development Scheme (MWDS)
are given in Paragraph 1.11 of the SCI. So that it is possible to
access the latest version of the scheme the following should be
added to the end of Paragraph 1.11.
(R5) Amend the first sentence of Paragraph 1.11 to read:
“The latest version of the Development Scheme can be viewed at
www.dorsetforyou.com”
11.3
In the event of any doubt, please note that I am content for such
matters such as any minor spelling, grammatical or factual matters
to be amended by the Council, so long as this does not affect the
substance of the SCI.
11.4
Subject to the implementation of the recommendations set out in
this Report, the Dorset County Council SCI (November 2006) is
sound.
INSPECTOR
David Robins
David Robins BA PhD FRTPI
5
6
APPENDIX A
TESTS OF SOUNDNESS
Examination of the soundness of the statement of community involvement
3.10 The purpose of the examination is to consider the soundness of the statement of
community involvement. The presumption will be that the statement of community
involvement is sound unless it is shown to be otherwise as a result of evidence considered at
the examination. A hearing will only be necessary where one or more of those making
representations wish to be heard (see Annex D). In assessing whether the statement of
community involvement is sound, the inspector will determine whether the:
i. local planning authority has complied with the minimum requirements for consultation as
1
set out in Regulations;
ii. local planning authority's strategy for community involvement links with other community
involvement initiatives e.g. the community strategy;
iii. statement identifies in general terms which local community groups and other bodies will
be consulted;
iv. statement identifies how the community and other bodies can be involved in a timely
and accessible manner;
v. methods of consultation to be employed are suitable for the intended audience and for
the different stages in the preparation of local development documents;
vi. resources are available to manage community involvement effectively;
vii. statement shows how the results of community involvement will be fed into the
preparation of development plan documents and supplementary planning documents;
viii. authority has mechanisms for reviewing the statement of community involvement; and
ix. statement clearly describes the planning authority's policy for consultation on planning
applications.
From: Planning Policy Statement 12: Local Development Frameworks
1
The Town and Country Planning (Local Development) (England) Regulations, 2004.
INSPECTOR’S REPORT
DORSET COUNTY COUNCIL
APPENDIX B – CORRESPONDENCE
The Planning Inspectorate
Room 3/25 Hawk Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Emma MacDonald
Planning Division
Dorset County Council
County Hall
Colliton Park
Dorchester
Dorset DT11XJ
Direct Line
Switchboard
Fax No
GTN
0117-372 8771
0117-372 8000
0117-372
1371-8771
e-mail: Tanya.clinton@pins.gsi.gov.uk
http://www.planning-inspectorate.gov.uk
Your Ref:
Our Ref: PINS/C1245/429/3
Date: 16 TH January 2007
DORSET COUNTY COUNCIL - STATEMENT OF COMMUNITY
INVOLVEMENT
Dear Ms.MacDonald,
As the appointed Inspector for your Authority’s Statement of Community
Involvement I am requesting comments from the Authority on the following
points in order to assist in assessing the soundness of Dorset County’s
Statement of Community Involvement.
Test v.
a) The SCI should contain a clear and unequivocal statement regarding the
Council’s compliance with the requirements of the Race Relations Act
2000 and the Disability Discrimination Act 1995. Could the Council please
provide such a statement for insertion into the SCI?
b) Could the Council please provide a statement that confirms that all MWDF
documentation will be made available, on request, in a variety of
alternative formats, such as Braille, translations into languages other that
English, large copy print etc?
c) Could the Council please provide an advertisement for the inside front
cover of the SCI that advertises the availability of the SCI in alternative
formats (as discussed above)? This statement should be accompanied by
details of how these alternative format documents can be accessed.
These answers are to assist in the production of a binding report. Once you have
submitted your response to these questions, the report will be produced as
quickly as possible. Please reply to Tanya Clinton whose details are given above.
Thank you for your assistance in this matter.
Yours sincerely,
Keith Holland
Keith Holland BA(Hons) Dip TP MRTPI ARICS
Planning Division
County Hall, Colliton Park
Dorchester
Dorset DT1 1XJ
Miss Tanya Clinton
LDF Team
The Planning Inspectorate
Room 3/25 Hawk Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
Telephone:
Fax:
Minicom:
Email:
DX:
Web site:
01305 or 01202 228585
01305 or 01202 224835
01305 267933
e.c.macdonald@dorsetcc.gov.uk
DX 8716 Dorchester
www.dorsetcc.gov.uk
Date:
17 January 2007
Your ref:
PINS/C1245/429/3
My ref:
ECM/SUBSCI/PINS2
Dear Tanya
Dorset Minerals and Waste Development Framework
Statement of Community Involvement
Following Inspector Keith Holland’s letter dated 16 January, I would like to respond to the points
raised to Test of Soundness number v.
a) The SCI should contain a clear and unequivocal statement regarding the Council’s
compliance with the requirements of the Race Relations Act 2000 and the Disability
Discrimination Act 1995. Could the Council please provide such a statement for insertion
into the SCI?
Insert new paragraph 2.16 subtitled “Equality and Diversity Scheme”
Dorset County Council has a Comprehensive Equality and Diversity Scheme explaining the
action to be taken to promote equality and diversity for all people in Dorset and explaining
how the legal duties under the Race Relations Act (Amendment) 2000 and the Disability
Discrimination Act 1995 and 2005 will be met. The scheme covers the six equality dimensions
of age, disability, race, faith or belief, gender, sexual orientation. All development plan
documents will comply with the standards set out in this statement.
b) Could the Council please provide a statement that confirms that all MWDF documentation
will be made available, on request, in a variety of alternative formats, such as Braille,
translations into languages other that English, large copy print etc?
Insert new paragraph after 5.8 – subtitled “Availability of documents in alternative formats”
All documents that make up the Minerals and Waste Development Framework will be made
available, on request, in large print, Braille, another language or any other format by
contacting the planning policy team.
c) Could the Council please provide an advertisement for the inside front cover of the SCI
that advertises the availability of the SCI in alternative formats (as discussed above)? This
statement should be accompanied by details of how these alternative format documents
can be accessed.
Insert on inside front cover
If you wish to receive this document in large print, another language or any other format
please contact the Planning Policy Team on 01305 228585.
Also whilst writing, I was hoping that when the SCI is formally adopted the list of consultees
contained in Appendix 2 will reflect the most up to date position. I would therefore like to be able
to make, if necessary, minor amendment to this list (such as adding additional consultees) up
until the SCI is adopted. Please could you confirm if this is acceptable with the Inspector?
I hope this will assist in the production of the binding report which I look forward to receiving
shortly. Please do not hesitate to contact me if you require any further information or clarification.
Yours sincerely
Emma Macdonald
Senior Planning Officer
Minerals and Waste Planning Policy