Local Plan Legal Compliance Checklist Barnsley Local Plan ... · The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been

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Local Plan Legal Compliance Checklist Barnsley Local Plan Submission 2016

This document follows the checklist prepared for PAS by SNR Denton in April 2013, based on Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2012. Glossary: "Act" means the Planning and Compulsory Purchase Act 2004 (as amended) "NPPF" means the National Planning Policy Framework published March 2012 "Regulations" means the Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2012 LDS means Local Development Scheme SCI means Statement of Community Involvement DPD means Development Plan Document Stage one: The beginning

Activity Legal requirement Guidance reference Evidence provided

1. Is the DPD identified in the adopted LDS? Have you recorded the timetable for its production?

The Act section 15(2) and section 19(1)

NPPF para 153

The initial Local Development Scheme (LDS) (SD21) was approved by Cabinet 2nd January 2008, this referred to the Local Development Framework (LDF).

Subsequently the decision was taken to move from preparing an LDF to preparing a composite Local Plan. A revision to the timetable for preparation of the Local Plan was approved by Cabinet on 9th April 2014 (SD20). Real time information on the timescales for the plan making progress was provided on our website during this time.

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The current LDS (SD19) which includes the Local Plan was approved by the Council’s Cabinet meeting on the 15th July 2015 and made available on our website.

The Submission of the Local Plan was intended for Autumn 2016, but was slightly delayed to December 2016 due to the scale of representations received. This is likely to impact the proposed Examination date. The LDS will be updated once the hearing dates have been confirmed.

2. How will community engagement be programmed into the preparation of the DPD?

The Act section 19(3)

Regulation 18

NPPF paras 150, 155 and 157

Details of the community engagement programme are included within the Statement of Community Involvement 2006 (SD13), which has subsequently been updated in 2015 (SD14).

3. Have you considered the appropriate bodies you should consult?

Regulation 18 NPPF paras 4.25 -4.26

The Statement of Community Involvement 2006 (SD13) and the subsequent 2015 update (SD14) set out the appropriate bodies to consult. Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9).

The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been identified with those bodies with which we have a Duty to Cooperate.

4. How you will co-operate with other local planning authorities, including counties, and prescribed

The Act section 33A(1)(a) and (b), section 33A(3)(d) (e) & (4)

NPPF paras 178 to 181 (which comprise the guidance referred to in the Act section 33A(7))


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bodies, to identify and address any issues or strategic priorities that will have a significant impact on at least two planning areas?

The Act Section 20(5)(c)

Regulation 4

Under NPPF Para 182, to be 'Effective' a plan should be based on effective joint working on cross-boundary strategic priorities.

Strategic priorities are listed at NPPF Para 156

5. How you will co-operate with any local enterprise partnerships (LEP) or local nature partnerships (LNP) to identify and address any issues or strategic priorities that will have a significant impact on at least two planning areas?

The Act section 33A(1)(c) and section 33A(9), section 33A(3)(d) and (e)

The Act section 20(5)(c).

Regulation 4

NPPF paras 178 to 181 The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been identified with those bodies with which we have a Duty to Cooperate.

6. Is baseline information being collected and evidence being gathered to keep the matters which affect the development of the area under review?

The Act section13

NPPF paras 158 - 177

Baseline information has been collected throughout the preparation of the Local Plan and has been updated as appropriate. Some of the reports have been prepared by the Council and others by external consultants or specialists as appropriate.

Housing supply and completions have been monitored on an annual basis and reported in the 5 year housing supply notes (EB58 – EB61). The current 2016 AMR sets out the current monitoring position (SD25).

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The relevant documents are included within the evidence base.

7. Is baseline information being collected and evidence being gathered to set the framework for the sustainability appraisal?

The Act section19(5)

NPPF paras 165 and 167

Strategic Environmental Assessment Guide, chapter 5

As part of the preparation of the Local Plan we reviewed the Sustainability Appraisal Scoping Report. This document sets out the scope and level of detail of the information to be included in the Sustainability Appraisal. It was available for comment between 14th April and 19th May 2014. The final report is the Sustainability Appraisal Scoping Report 2014 (SD5).

8. Have you consulted the statutory environment consultation bodies for five weeks on the scope and level of detail of the environmental information to be included in the sustainability appraisal report?

Regulations 9 and 13 of The Environmental Assessment of Plans and Programmes Regulations 2004 No 1633.


SEA Guide chapter 3

Details of the bodies consulted are set out in the Sustainability Appraisal Scoping Report 2014 (SD5). The report was available for comment between 14th April and 19th May 2014.

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Stage two: Plan preparation

Activity Legal requirement Guidance reference Evidence Provided

1. Have you notified:

the specific consultation bodies?

the general consultation bodies that have an interest in the subject of the DPD and invited them to make representations about its contents?

Regulation 18(1) and (2)(a) (b)

NPPF paras 159 – 173

The Statement of Community Involvement 2006 (SD13) and the subsequent 2015 (SD14) update set out the appropriate bodies to consult. Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9). Examples of the consultation letters sent to the specific and general consultation bodies at each stage of the process are included in the evidence base (SD26).

We have a database of over 5000 contacts that includes people who have written to us about the local plan, specific and general consultees.


Representations made at Regulation consultation stage are available to view on our online portal at:

Local Plan Consultation Draft 2014

http://consult.barnsley.gov.uk/portal

/development/planning/lpcd/lpcd2012?

Local Plan Additional Consultation 2015


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http://consult.barnsley.gov.uk/portal/

development/planning/lpac/lpac2015

2. Are you inviting representations from people resident or carrying out business in your area about the content of the DPD?

Regulation 18(1) and (2)(c) NPPF paras 159 – 173

The Statement of Community Involvement 2006 (SD13) and the subsequent 2015 update (SD14) set out the approach to consultation. Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9). Examples of the consultation letters sent to the specific and general consultation bodies at each stage of the process are included in the evidence base (SD26). People resident or carrying business in the area were sent a copy of the general consultation letter.








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3. Are you engaging with stakeholders responsible for delivery of the strategy?

Regulation 18 NPPF para 155

See answer to 1 above. The infrastructure delivery plan (SD24) has also been prepared in consultation with the relevant delivery providers as detailed.

4. Are you taking into account representations made?

Regulation 18(3) NPPF para 155

We have prepared a summary report of representations made following the end of each consultation. These documents are the Development Sites and Places Consultation Draft 2012 – Summary of representations received September 2013 (EB1) and the Regulation 19 Statement of Representations (SD9).

Alternative spatial strategies have been considered previously and the preferred settlement hierarchy set out in the Local Plan was confirmed as the most appropriate spatial strategy for Barnsley.

The Strategy Background Paper explains the rationale for the strategy and signposts to the relevant underpinning evidence base (BP1).

The Sustainability Appraisal process assesses


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policy options and sites. (Sustainability Appraisal Local Plan Consultation 2014 (EB4), Sustainability Appraisal Additional Consultation 2015 (EB6) and Sustainability Appraisal Local Plan Publication 2016 (SD4).

All submitted sites have been considered through the appropriate site selection process.

5. Does the consultation contribute to the development and sustainability appraisal of alternatives?


Regulations 12 and 13 of The Environmental Assessment of Plans and Programmes Regulations 2004 No 1633

NPPF paras 165 – 168

SEA Guide, chapter 3

See answer to 4 above.

6. Is the participation:

following the principles set out in your SCI?

integrating involvement with the sustainable community strategy?

proportionate to the scale of issues involved in the DPD?

The Act section19(3) NPPF para 155

Prior to the 2015 update of the Statement of Community Involvement consultation has been carried out in the spirit of the Statement of Community Involvement 2006 (SD13) where possible, taking into account changes in national legislation and changes to internal governance arrangements. Subsequent consultation has been carried out in line with the updated Statement of Community Involvement 2015 (SD14).

Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9).

Following the review of governance and ways of

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working of the local strategic partnership (LSP), One Barnsley, key elements of the Community Strategy for Barnsley, 2011-15 have now been embedded into two main strategies; the Barnsley Jobs and Business Plan (EB31) and the Health and Wellbeing Strategy (EB10). Both of which take their lead from the three key outcomes set out in the corporate plan (EB7) which are:

1. Growing the Economy 2. Improving people’s potential and

achievement 3. Changing the relationship between the

council and the community

7. Are you keeping a record of:

the individuals or bodies invited to make representations?

how this was done?

the main issues raised?


Regulation 17


The Statement of Community Involvement 2006 (SD13) and the subsequent 2015 update (SD14) set out the approach to consultation. Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9). Examples of the consultation letters sent to the specific and general consultation bodies at each stage of the process are included in the evidence base (SD26). People resident or carrying business in the area were sent a copy of the general consultation letter.


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8. Are you inviting representations on issues that would have significant impacts on both your areas from another local planning authority? Or county issues from an affected county council that is not a planning authority? Or significant cross-boundary issues and strategic priorities of a body prescribed under Section 33A(1)(c)?

The Act section 33A(1)(a) (b) and (c), section 33A(3)(d) & (e)

section 33A(4)

section 33A(9)

The Act section 20 (5)(c)

NPPF paras 178 to 181 The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been identified with those bodies with which we have a Duty to Cooperate, including our neighbouring authorities and the Peak District National Park Authority whose planning responsibility includes part of the Barnsley Borough.


9. Are you inviting The Act section 33A(1)(c) NPPF paras 178 to 181 See answer to 8 above.



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representations on cross-boundary issues and strategic priorities from a local enterprise partnership (LEP) or a local nature partnership (LNP)?

and Section 33A(9).

The Act section 20(5) (c).

Regulation 4

10. Are you developing a framework for monitoring the effects of the DPD?

The Act section 35

Regulation 34

Regulation 17 of The Environmental Assessment of Plans and Programmes Regulations 2004 No1363


SEA Guide, Chapter 5

Further information concerning development of the monitoring framework are included in the

Annual Monitoring report 2016 (SD25)

Sustainability Appraisal Scoping Report 2014 (SD5)

Sustainability Appraisal Local Plan Consultation 2014 (EB4)

Sustainability Appraisal Additional Consultation 2015 (EB6)

Sustainability Appraisal Local Plan Publication 2016 (SD4)

Barnsley Local Plan Publication Draft 2016 (SD2)

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Stage three: Plan preparation – writing the plan

Activity Statutory requirement Guidance reference Evidence Provided

1. Are you preparing reasonable alternatives for evaluation during the preparation of the DPD?

Regulation 12 (2) of The Environmental Assessment of Plans and Programmes Regulations 2004 No. 1633



Development Sites and Places Consultation Draft 2012 – Summary of representations received September 2013

Regulation 19 Statement of Representations


The Strategy Background Paper explains the rationale for the strategy and signposts to the relevant underpinning evidence base.

The Sustainability Appraisal process assesses policy options and sites. (Sustainability Appraisal Local Plan Consultation 2014, Sustainability Appraisal Additional Consultation 2015 and Sustainability Appraisal Local Plan Publication 2016)

All submitted sites have been considered through the appropriate (housing or employment) site selection process.

2. Have you assessed alternatives against:

consistency with

The Act section19 (2), section 24

NPPF para 151

The Strategy Background Paper explains the rationale for the strategy and signposts to the relevant underpinning evidence base.

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national policy?

general conformity with the regional spatial strategy where still in force?

The Regional Spatial Strategy for the Yorkshire and Humber was revoked in July 2010.

3. Are you having regard to (where relevant):

adjoining regional spatial strategies?

the spatial development strategy for London?

Planning Policy for Wales?

the National Planning Framework for Scotland?

The Act sections19 (2) and 24 (1) and (4)

Regulation 10 and 21


4. Are you co-operating with other local planning authorities including counties, to address significant cross boundary issues?

Have you discussed doing joint local development documents?

The Act section 33A(2)(a)

Section 33A(6)(a)(b)

Section 20(5) (c)


The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been identified with those bodies with which we have a Duty to Cooperate, including our neighbouring authorities and the Peak District National Park Authority whose planning responsibility includes part of the Barnsley Borough.

The three metropolitan borough councils of Barnsley, Doncaster and Rotherham have prepared and in March 2012, adopted a Joint Waste Plan (EB13). There is a commitment to continue joint working and review the Joint Waste Plan on a

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South Yorkshire wide basis.

5. Are you cooperating with a person prescribed for the purposes of Regulation 33A(1)(c) to address significant cross boundary issues including preparing joint approaches?

The Act section 33A(2)(a), section 33A(6)(a)

The Act section 20 (5) (c)

Regulation 4



6. Are you cooperating with having regard to the activities of the LEP and LNP?

The Act section 33A(2)(b) and section 33A(9).

Regulation 4 (2)

NPPF para 181 and 182 The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been identified with those bodies with which we have a Duty to Cooperate, including our neighbouring authorities and the Peak District National Park Authority whose planning responsibility includes part of the Barnsley Borough.

7. Are you having regard to:

your sustainable community strategy or of other authorities whose area comprises part of the area of the council?

any other local development documents adopted by the council?



Following the review of governance and ways of working of the local strategic partnership (LSP), One Barnsley, key elements of the Community

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Strategy for Barnsley, 2011-15 have now been embedded into two main strategies; the Barnsley Jobs and Business Plan (EB31) and the Health and Wellbeing Strategy (EB10). Both of which take their lead from the three key outcomes set out in the corporate plan (EB7) which are:

1. Growing the Economy 2. Improving people’s potential and achievement 3. Changing the relationship between the council

and the community

The Local Plan consultation document (SD2) together with the Joint Waste Plan (EB13) adopted in March 2012 prepared with Doncaster and Rotherham, will be our Local Plan, and once adopted will become the statutory development plan for Barnsley.

8. Do you have regard to other matters and relevant strategies relating to:

resources

the local/regional economy

the local transport plan and transport facilities and services

waste strategies

hazardous substances


Regulation 10

The Local Plan Publication Draft 2016 (SD2) has regard to the issues identified. The following chapters/policies are of particular relevance

Chapter 4 Relationship to other plans and strategies.

Policy LG1 City Regions

Chapter 8 Economy

Chapter 12 Transport

Policy GI1 Green infrastructure

Chapter 21 Waste and recycling

This Local Plan does not contain policies or text regarding waste and recycling. These issues are covered by a separate Joint Waste Plan prepared

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by the three metropolitan borough councils of Barnsley, Doncaster and Rotherham (EB13). This document was adopted in March 2012 and sets the strategic direction for the future of waste management across the three boroughs.

Further information is available within the

Duty to Cooperate Statement 2016 (SD15)

Strategy Paper (BP1)

Housing Background Paper (BP3 and BP4)

Employment Background Paper (BP6)

Transport Background Paper (BP7)

Joint Waste Plan 2012 (EB13)

Representations made are available to view on our online portal at:







9. Are you having regard to the need to include policies on mitigating and adapting to climate change?

The Act section19(1A) NPPF paras 93 -108 This is evidenced in the

Local Plan Publication Draft 2016 (SD2), Chapters 19 Climate Change and 20 Renewables.



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Sustainability Appraisal accompanying Local Plan Consultation 2014 (SD4)

10. Have you undertaken the sustainability appraisal of alternatives, including consultation on the sustainability appraisal report?


Regulation 12 and 13 of The Environmental Assessment of Plans and Programmes Regulations 2004 No 1633

NPPF para 182


Information is provided in the following Sustainability Appraisal reports


Sustainability Appraisal accompanying Local Plan Consultation 2014 (EB4)

Sustainability Appraisal Addendum to accompany Additional Consultation 2015 (EB6)

11. Are you setting out reasons for any preferences between alternatives?

Regulation 8(2) NPPF para 182


The Strategy Background Paper (BP1) explains the rationale for the strategy and signposts to the relevant underpinning evidence base.

12. Have you taken into account any representations made on the content of the DPD and the sustainability appraisal?

Are you keeping a record?

Regulations 17, 18(3) and 22 (1) (c) (iv)

Regulation 13(4) of The Environmental Assessment of Plans and Programmes Regulations 2004 No 1633

NPPF paras 150, 155, 157 and 159-171

We have prepared a summary report of representations made following the end of each consultation. These documents are the Development Sites and Places Consultation Draft 2012 – Summary of representations received September 2013 (EB1) and the Regulation 19 Statement of Representations (SD9).

The Sustainability Appraisal has been prepared iteratively throughout the process taking into

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account comments made. The Habitats Regulation Assessment (SD16) has also been prepared iteratively throughout plan preparation and in consultation with Natural England.


Representations made are available to view on our online portal at:







13. Where sites are to be identified or areas for the application of policy in the DPD, are you preparing sufficient illustrative material to:

Regulations 5 (1)(b) and 9 NPPF para 157

The current adopted Unitary Development Plan Maps (EB16 – EB25, EB116 and EB117) are available to purchase in paper form and can also be viewed online

https://www.barnsley.gov.uk/services/planning-and-buildings/local-planning-and-development/our-



https://www.barnsley.gov.uk/services/planning-and-buildings/local-planning-and-development/our-current-statutory-development-plan/the-unitary-development-plan/


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enable you to amend the currently adopted policies map?

inform the community about the location of proposals?

current-statutory-development-plan/the-unitary-development-plan/

We produced a set of Policies Maps to accompany the Local Plan 2014 consultation (EB3). These are available in paper form and can also can be viewed online

https://www.barnsley.gov.uk/barnsley-maps/local-plan-maps-2014/

The Local Plan Additional Consultation 2015 document (EB5), included individual sites plans of each of the additional sites being considered.

14. Are the participation arrangements compliant with the SCI?

The Act, section 19(3)

Regulation 18








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Stage four: Publication


1. Have you prepared the sustainability appraisal report?


Regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004 No 1633


SEA Guide Chapter 5

The Sustainability Appraisal has been prepared iteratively throughout the process. The final report is the Sustainability Appraisal Local Plan Publication 2016 (SD4).

Earlier reports are




2. Have you made clear where and within what period representations must be made?

Regulation 17, 19, 20 and 35

Paper copies of the statement of representations procedure (SD12) were available in Barnsley Central Library, branch libraries and also our Website. The extension to the deadline for comments was advertised by press release, open mail and daily news, on the website and through community groups.

Further details about how and where the consultation were advertised, including details of where and within what period representations should be made are included within the Statement of Consultation 2016 (SD8).

3. Have you made copies of the following available for

Regulation 19(a) Paper copies of the statement of representations procedure (SD12) and the proposed submission

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inspection:

the proposed submission documents?

the statement of the representations procedure?

documents were available in Barnsley Central Library, branch libraries and also our Website as set out in the Statement of Consultation 2016 (SD8).

The Publication website can be viewed here, but please note the text has been amended to reflect the fact that the Publication period is now complete. All the documents are still available.

https://www.barnsley.gov.uk/services/planning-and-buildings/local-planning-and-development/our-new-local-plan/local-plan-publication-consultation-2016/

4. Have you published on your website:

the proposed submission documents?


statement and details of where and when documents can be inspected?

Regulations 19 and 35 Please see answer to question 3 above.

The Publication website can be viewed here, but please note the text has been amended to reflect the fact that the Publication period is now complete. All the documents are still available.


5. Have you sent to each of the specific consultation bodies invited to make representations under Regulation 18(1):

Regulation 19(b) The specific consultation bodies were sent a letter which included the statement of representations procedure and a link to the proposed submission documents which can be accessed from our website. A copy of the letter is included within the







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A copy of each of the proposed submission documents

The statement of the representations procedure?

Statement of Consultation 2016 (SD8) and contained within SD26 Consultation letter templates.

6. Have you sent to each of the general consultation bodies invited to make representations under Regulation 18(1):


where and when the documents can be inspected?

Regulation 19(b) The general consultation bodies were sent a letter which included the statement of representations procedure and a link to the proposed submission documents which can be accessed from our website. A copy of the letter is included within the Statement of Consultation 2016 (SD8) and contained within SD26 Consultation letter templates.

7. Have you requested the opinion of the Mayor of London (if a London Borough or Mayoral DC) on the general conformity of the DPD spatial development strategy?

The Act section 24

Regulation 21

Not applicable

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Stage five: Submission

Activity Legal requirement Guidance reference

Evidence Provided

1. Has the DPD been prepared in accordance with the LDS? Does the DPD’s listing and description in the LDS match the document? Have the timescales set out in the LDS been met?


The initial Local Development Scheme (LDS) (SD21) was approved by Cabinet 2nd January 2008, this referred to the Local Development Framework (LDF).

Subsequently the decision was taken to move from preparing an LDF to preparing a composite Local Plan. A revision to the timetable for preparation of the Local Plan was approved by Cabinet amended timetable to Cabinet on 9th April 2014 (SD20). Real time information on the timescales for the plan making progress was provided on our website during this time.

The current LDS (SD19) which includes the Local Plan was approved by the Council’s Cabinet meeting on the 15th July 2015 and made available on our website.

The Submission of the Local Plan was intended for Autumn 2016, but was slightly delayed to December 2016 due to the scale of representations received. This is likely to impact the proposed Examination date. The LDS will be updated once the hearing dates have been confirmed.

2. Has the DPD had regard to any sustainable community strategy for its area (like a county and district)?


NPPF para 182

Following the review of governance and ways of working of the local strategic partnership (LSP), One Barnsley, key elements of the Community Strategy for Barnsley, 2011-15 have now been embedded into two main strategies; the Barnsley Jobs and Business Plan (EB31) and the Health and Wellbeing Strategy (EB10). Both of which take their lead from the three key outcomes

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Evidence Provided

set out in the corporate plan (EB7) which are:

1. Growing the Economy 2. Improving people’s potential and achievement 3. Changing the relationship between the council and the

community

The relationship with these strategies is detailed in section the Local Plan Publication Draft 2016 (SD2), with particular reference to chapter 4, relationship to other plans and strategies and chapter 8, economy. Further detail is included in the Economy Background paper (BP6). A Health Impact Assessment Screening has also been produced (SD18).

3. Is the DPD in compliance with the SCI (where one exists)? Has the council carried out consultation as described in the SCI?


Regulation 22(1)(c)


Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9). Further information on the Publication consultation is included within the Statement of Consultation 2016 (SD8).

4. Have you identified and addressed any issues which are likely to have a significant impact on at least two planning areas. In doing so, have

The Act section 33A(1) and section 20(5)



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Evidence Provided

you co-operated with other local planning authorities, county councils where they are not a planning authority, LEPs, LNPs and the prescribed bodies in identifying and addressing any strategic cross-boundary issues

If you have not agreed on the approach is there a justification?

5. Has the DPD been subject to sustainability appraisal?

Has the council provided a final report of the findings of the appraisal?


Regulation 22(1)(a)

NPPF para 165

SEA Practical Guide, chapter 5

The Sustainability Appraisal has been prepared iteratively throughout the process. The final report is the Sustainability Appraisal Local Plan Publication 2016 (SD4).

Earlier reports are




6. Is the DPD to be submitted consistent with national policy?

The Act section 19(2) and Schedule 8

NPPF para 151 Further detail concerning how the DPD is consistent with national policy is contained within the associated PAS soundness self-assessment checklist (SD29).

7. Does the DPD contain any policies or proposals that are not in

The Act section 24(1)(a) and 24(4)

NPPF para 218 footnote 41


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Evidence Provided

general conformity with the regional strategy where it still exists?

If yes, is there local justification?

If the LPA is a London borough or a mayoral development corporation has it requested an opinion from the Mayor of London on the general conformity of the plan with the spatial development strategy?

Regulation 21

8. Has the council published the prescribed documents, and made them available at their principal offices and their website?

Has the council notified the relevant statutory and non-statutory bodies, and all persons invited to make representations on the plan?

The Act section 20(2), 20(3) and 20(5)(b)

Regulations 8 and 19

NPPF para 182

Paper copies of the statement of representations procedure (SD12) and the proposed submission documents were available in Barnsley Central Library (which serves as Barnsley Council’s principal contact point), branch libraries and also our website as set out in the Statement of Consultation 2016 (SD8). Details of how the relevant statutory and non-statutory bodies, and all persons invited to make representations on the plan were notified about the Publication are included within the Statement of Community Involvement 2015 (SD14) and Statement of Consultation 2016 (SD8).


The Publication website can be viewed here, but please note the text

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Evidence Provided

Does the DPD contain a list of superseded saved policies?

has been amended to reflect the fact that the Publication period is now complete. All the documents are still available.


The Local Plan Publication Draft 2016 (SD2) is clear that once adopted the Local Plan will, alongside the Joint Waste Plan, be the statutory development plan for the borough. However, for clarity, a minor modification is proposed to add a sentence to the introduction as follows:

“Add a sentence to paragraph 3.4 to clarify that the Local Plan once adopted will supersede the Core Strategy policies and UDP saved policies” (SD30)

9. Are there any policies applying to sites or areas by reference to an Ordnance Survey map or to amend an adopted policies map?

If yes, have you prepared a submission policies map?

Regulations 5(1) (b), 9 (1), 17 & 22(1)

A set of Policies Maps were prepared to accompany the Local Plan 2014 consultation (SD3). These are available in paper form and can also can be viewed online


Where minor amendments are identified these are included within the minor modifications table (SD30).

10. Is the DPD consistent with any other adopted DPDs for the area? If

Regulation 8(3) and (4)

The Local Plan Publication Draft 2016 (SD2) states that once adopted the policies in this Local Plan will supersede the saved UDP policies, Education Sites DPD and Core Strategy. However, for







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Evidence Provided

the DPD is intended to supersede any adopted development plan policies, does it state that fact and identify the superseded policies?

Regulation 8(5) clarity, a minor modification is proposed to add a sentence to the introduction as follows:

“Add a sentence to paragraph 3.4 to clarify that the Local Plan once adopted will supersede the Core Strategy policies and UDP saved policies” (SD30)

11. Have you prepared a statement setting out:

Which bodies and persons were invited to make representations under Regulation 18?

How they were invited?

A summary of the main issues raised?

How the representations have been taken into account?

The Act section 20 (3)

Regulation 22(1)(c)

We have prepared a summary report of representations made following the end of each consultation. These documents are the Development Sites and Places Consultation Draft 2012 – Summary of representations received September 2013 (EB1) and the Regulation 19 Statement of Representations (SD9). Further information concerning the pre-publication consultation is included in the Regulation 19 Statement of Representations 2016 (SD9). Examples of the consultation letters sent to the specific and general consultation bodies at each stage of the process are also included in the evidence base (SD26).

12. Have you prepared a statement giving:

the number of representations made under Regulation 22?

a summary of the


Regulation 22(1)(c)

The Statement of Consultation 2016 (SD8) sets out the number of representations made under Regulation 22, a summary of the main issues raised and the Council’s response where appropriate.

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Evidence Provided

main issues raised?

OR

that no representations were made?

13. Have you collected together all the representations made under Regulation 28?


Regulation 22(1)(e)

Electronic copies of the representations received have been submitted to the Secretary of State (The Planning Inspectorate).

Two paper copies of the representations made pursuant to Regulation 20 have been submitted to the Secretary of State (The Planning Inspectorate), one in plan order and one in representor ID order.

Comments can also be viewed on the Councils website at

http://consult.barnsley.gov.uk/portal/development/planning/lppd2016/

Although please note that the process of uploading the representations to the consultation system is ongoing and will be fully completed and available to view as soon as is practically possible.

14. Have you assembled the relevant supporting documents?


Regulation 22(1)(g)

The relevant supporting documents have been assembled submitted to the Planning Inspectorate. They will be available on the Examination webpage as soon as is practically possible.

15. Has your council approved the DPD for submission?

On 26TH May 2016 Barnsley Metropolitan Borough Council formally resolved to submit the Barnsley Local Plan to the Secretary of State, subject to no significant amendments being required following the Publication consultation (SD27).

http://consult.barnsley.gov.uk/portal/development/planning/lppd2016/

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Evidence Provided

16. Have you sent the Secretary of State (the Planning Inspectorate) both a paper copy and an email of the following:

the DPD?

the submission policies map (unless there are no site allocation policies)?

the documents prescribed in Regulation 22(1)?

The Act section 20(1) and 20(3)

Regulations 22(1) and 22(2)

The Secretary of State (the Planning Inspectorate) has been sent an electronic and paper copy of

The Local Plan Publication Draft 2016 (SD2) and associated Policies Map 2016 (SD3)

the main submission documents (SD4 to SD30) including those described in Regulation 22(1)

17. Have you made the following available at the same places where the proposed submission documents were to be seen:

The DPD?

The documents prescribed in Regulation 22(1)?

Regulation 22(3) The documents will be made available at Barnsley Central Library and on our website as soon as practicably possible.

18. On your website, have you published the:

DPD?

submission policies map?

Regulation 22(3) and 35(1)(b)

The documents will be published as soon as practically possible.

31


Evidence Provided

sustainability appraisal report?

Regulation 22(1)(c) statement?

supporting documents (where practicable) ?

representations made under Regulation 20 (where practicable) ?

statement as to where and when the DPD and the documents are available?

19. For each general consultation body invited to make representations under Regulation 18(1), have you sent:

notification that the documents prescribed in Regulation 22(3)(a)(i)-(iii) are available for inspection

Regulation 22(3)(b) We will notify the specific and general consultation bodies and all consultees on our database (which includes everyone that has submitted a comment to the Local Plan Consultation process) as soon as reasonably practicable after Submission in accordance with regulation 22(3)(b) and our SCI. A notice will be placed in the local press.

32


Evidence Provided

where and when they can be inspected?

20. Have you given notice to persons who have requested to be notified that submission has taken place?

Regulation 22(3)(c) Please see answer to 19 above.

21. If an examination is being held, at least six weeks before its opening has the Programme Officer:

published the time and place of the examination and the name of the person appointed to carry out the examination on your website?

notified those who have made representations on the published DPD which have not been withdrawn of these details?

The Act section 20

Regulations 24 and 35

The examination hearings have not yet been programmed. The relevant details will be published when they are available.

Local Plan Legal Compliance Checklist Barnsley Local Plan ... · The Duty to Cooperate Statement Submission 2016 (SD15) sets out the processes, actions and outcomes that have been

Documents