AGENDA ITEM NO.

REPORT TO: / Executive Board
REPORT NO. / CPLO/28/04
DATE: / 18 May 2004
REPORTING OFFICER: / Chief Planning Officer
CONTACT OFFICER: / Clive Nicholas (Ext 2511)
SUBJECT: / Wrexham Unitary Development Plan – Proposed Modifications
WARD: / All

Note : Members are asked to bring to the meeting their copies of the Chief Planning Officer’s Report to the Planning Committee (Item 5, Appendix 1) on 10 May 2004.

1PURPOSE OF THE REPORT

To consider the representations received and the suggested responses to modifications to the Wrexham Unitary Development Plan.

2INFORMATION

2.1Policy Framework

The proposed modifications represent an advanced stage in the preparation and eventual statutory adoption of the strategic Wrexham Unitary Development Plan. The Plan contributes significantly to most of the Council’s visions and strategic aims. In addition, the Plan plays an important role in improving the quality of the economy and quality of life, both of which are identified as policy priorities in the Corporate Strategy Statement for 2003/04.

2.2Budget

No implications unless a further public inquiry is held.

2.3Consultation

The proposed modifications to the Plan were subject to public consultation between 30 July and 12 September 2003. The publicity and consultations undertaken, the representations received and the suggested Council responses to representations received are contained in the “Statement of Public Deposit Consultation on Proposed Modifications to the Plan : May 2004” which was included as an appendix to Item 5 of my report to the Planning Committee on 10 May 2004. The statement also contains a summary of the Planning Policy Panel’s views on the proposed modifications arising from the Panel’s meetings on 14 November 2003 and 2 April 2004.

It is important to note that, at this stage in the Plan’s preparation, Welsh Assembly Government regulations dictate that objections cannot relate to the contents of the original public deposit edition of the Plan or matters already considered at the Plan’s public local inquiry (held between April and July 2002). The Council may publish and consult upon further proposed modifications to the Plan. The Council also has discretion as to whether to hold a further public local inquiry into objections to the further proposed modifications to the Plan.

The vast majority of representations received on the proposed modifications to the Plan were supportive of the changes. Most other representations concerned minor objections and/or “not duly made” objections which are not sufficiently significant or strategic to warrant holding another public local inquiry. However, strong objections were made by the Welsh Assembly Government to:

Proposed Modification 240 re: para 11.1 – minerals buffer zones around minerals sites.

Proposed Modification 241 re: waste management, and

Proposed Modification 257 re: Policy MW9 – protection of mineral resources.

Procedurally, the Council could, with justification, not accept these objections. However, the Welsh Assembly Government, due to its strong position and breadth of discretion under Section 17 of the Town and Country Planning Act, would be likely to issue a direction not to adopt the Plan (as has been issued to Caerphilly County Borough Council). An unadopted Plan, something we are not used to locally, would carry a reduced usefulness and status for development control purposes in the medium term.

Alternative ways of addressing these Welsh Assembly Government objections through interim and non-statutory supplementary planning guidance have been dismissed as unsatisfactory. Unfortunately, accepting the Welsh Assembly Government objections and publishing further proposed modifications to the Unitary Development Plan could extend the preparation programme by anything between five months (assuming no further public local inquiry) and 18 months (assuming a further public local inquiry) together with accompanying budget implications.

Given the overall project time period for preparing the Unitary Development Plan, the significant benefit of progressing an adopted Plan far outweighs the relatively minor irritation of extending the Plan preparation period.

2.4Overview and Scrutiny Committee(s) Comments

The Planning Policy Panel considered the modifications to the Unitary Development Plan on 14 November 2003 and 2 April 2004 and proposed the recommendations set out below. The Planning Committee considered the modifications on 10 May 2004 and supported the same recommendations.

2.5Further Information

Not applicable.

3RECOMMENDATIONS

That the Executive Board approves the Planning Policy Panel and Planning Committee’s recommendations with respect to:-

a)Confirming the responses to the representations made to proposed modifications to the Wrexham Unitary Development Plan as indicated in the “Statement of Public Consultation on proposed Modifications to the Plan : May 2004.”

b)The need to publish and consult upon further proposed modifications ( re proposed modifications 240, 241 and 257).

c)Approving the Unitary Development Plan and making it operational for development control purposes with the exception of policies affected by item (b) above.

4REASONS FOR RECOMMENDATION

To progress this stage of the Plan’s preparation.

5BACKGROUND PAPERS

None.

6WEBSITE INFORMATION

None.

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