IMPLEMENTATION
Introduction
15.1 The Local Plan sets out a clear and realistic vision and a balanced set of aims and objectives to take Wyre Forest forward to 2011. These are consistent with national and Regional Planning Guidance, the Worcestershire County Structure Plan and the notion of sustainable development. Appendix 12 sets out which objectives the individual policies seek to achieve.
15.2 It is envisaged that each policy will be implemented in a number of ways, including:
- Through the Development
Control Process
- Including use of Planning Conditions
- Requirements of the application form
- Entering into s.106 Obligations
- Preparation of Supplementary Planning Guidance
- Improvements associated with development
- Promotion of development sites
- Pre-application discussions/ negotiations
- Providing advice and information
- Consultation with other relevant agencies/ authorities
- Targeting funding mechanisms
- The Council's other strategies (housing, public art, town centres... etc.
- Partnership.
Appendix 13 sets out the implementation methods appropriate to each individual policy.
15.3 The Development Control function is normally performed by the District Council and it is through this process that the ideas set out in the Plan are realised. It is important that prospective applicants contact the District Council and seek pre-application discussions and advice. The Council has a Development Control Charter and a series of Development Control Practice Notes and leaflets, which provide further guidance on the Development Control Process.
Planning (Section 106) Obligations
Replaced 9/12/2010 by Adopted Core Strategy DPD
15.4 Section 106 of the Town and Country Planning Act 1990 (as amended) makes provision that "any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation:-
(a) Restricting the development
or use of the land in any specified way;
(b) Requiring specified operations or activities to be carried out in, on,
under or over the land;
(c) Requiring the land to be used in a specified way; or
(d) Requiring a sum or sums to be paid to the authority on a specified date
or dates periodically."
15.5 It is a fundamental legal principle that planning permissions should be neither bought or sold. If a developer passes money or some other benefit to the Local Planning Authority or local community when planning permission is granted, then that money or benefit must be related to the planning permission. In line with government policy, planning obligations will only be sought where they will meet the following tests:
(i) Necessary
(ii) Relevant to planning
(iii) Directly related to the proposed development
(iv) Fairly and reasonably related in scale and kind to the proposed development
(v) Reasonable in all other respects.
15.6 The policies of the Development Plan underpin the requirements for planning benefit and throughout the Plan a number of policies refer to s.106 Obligations as part of their implementation. This is particularly true where an individual proposal will have a significant impact on issues which lie outside the traditional scope of land-use planning such as public transport infrastructure or improvements to the pedestrian environment. Further information on 'Dealing with Planning Obligations' is provided through Development Control Practice Note No. 9.
Planning (Section 106) Obligations
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Policy IMP.1 Replaced 9/12/2010 by Adopted Core Strategy DPD - Policy CP07 In appropriate circumstances in connection with, or as a consequence of development taking place, the Council will seek to secure s.106 obligations to:
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Sustainability Appraisal
15.7 Working towards sustainable development is at the heart of the Wyre Forest District Local Plan and the review process. As part of the Local Plan monitoring and review process policies and proposals have been appraised against a set of sustainability criteria. This process, which is known as a "sustainability appraisal", is a new and evolving issue for consideration as part of the Local Plan Review. The methodology chosen for this process has been developed through consultation and seeks to reflect that of the Structure Plan.
15.8 The appraisal involves assessing the Local Plan policies against a set of 10 sustainability criteria containing 49 more detailed 'assessment criteria'. A detailed appraisal of the Local Plan policies is contained within the 'Sustainability Appraisal' document which is published separately.
15.9 The regular monitoring of Policy implementation, including an assessment of some of the key indicators, will enable the Sustainability Appraisal process to inform the Local Plan review process.
Monitoring, Review and Phasing
15.10 The Council continually monitors both residential and employment land availability through the production of regular monitoring reports. It is considered that this is fundamental to ensuring that the district meets the requirements of the Structure Plan, whilst informing regional monitoring and targets. For housing development, the monitoring will now reflect the revised PPG.3 and include an ongoing assessment of phasing and affordable housing targets.
15.11 Phasing the release of housing sites is considered in detail as part of the Housing Chapter and in particular Policy H.3 and Paragraphs 3.28 to 3.34. Paragraph 3.34 states that "monitoring will be used to keep under review the proposed phased release of housing sites".
15.12 It is also important to monitor other aspects during the implementation of the Local Plan, including the use of individual policies, retail monitoring and whether environmental benefits, aims and objectives set out in the Plan are being achieved. Regular monitoring reports will be compiled in order to inform further Local Plan reviews.
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Implementation Statement “The Council will produce regular monitoring reports in order to establish whether the Local Plan is achieving the aims and objectives set out in the Plan and to inform the phasing of land and the Local Plan review process.” |