Broads Authority

Local Development Framework

 

 

 

Core Strategy

Issues and Options Report

 

 

 

 

 

 

 

5 SEPTEMBER 2005

 

 

 

 

 

 

 


 

 

Broads Authority Local Development Framework

Core Strategy: Issues and Options Report

 

CONTENTS

                                                                                                                       

Part 1:  The Core Strategy for the Broads LDF                                 

 
Page No

 

 

Introduction

1

The new planning system

1

The LDF and the consultation process on the Core Strategy

1

Next stages

2

The Context

3

The Broads

3

The national context

3

The regional context

5

The current development plan

5

The Broads as a National Park

7

The Broads Plan

8

Other spatial plans and policies covering the Broads

9

            Community strategies

9

            Local Transport Plans

10

            The Water Framework Directive 2000

10

            Countryside and Rights of Way (CROW) Act 2000

11

 

Part 2:  Issues and Options for the Core Strategy

 

Visions, Goals and Objectives

12

Consultation

13

Flood Alleviation and Climate Change

16

Policy context

16

Consultation

19

The Broads as a Living, Working Landscape

22

Policy context

22

Consultation

24

The Historic and Cultural Environment

28

Policy context

28

Consultation

30

Natural Resources

34

Policy context

34

Consultation

36

Development, the Economy and Sustainable Communities

42

Policy context

42

Consultation

45

Tourism and Recreation

50

Policy context

50

Consultation

53

Housing

58

Policy context

58

Consultation

60

Access and Transport

63

Policy context

63

Consultation

65

 


Core Strategy:  Issues and Options Report

 

Part 1:  The Core Strategy for the Broads LDF



Introduction



This section explains why the Broads Authority is reviewing the Broads Local Plan and gives details of the new planning system and how the Core Strategy will be prepared.

 

New planning system

 

The Government has introduced changes to the planning system for England in the Planning and Compulsory Purchase Act 2004.  These changes include the replacement of Structure Plans and Local Plans with a number of new documents which now form the Development Plan.  These documents are Local Development Documents (LDDs) and form a framework, or portfolio, called the Local Development Framework (LDF).

 

The Broads Authority is required under the legislation to review the Broads Local Plan, which was adopted in 1997, and replace it with an LDF which will set out the policies and proposals for the development and use of land in the Broads.

 

Some of the LDDs will be subject to statutory requirements and formal testing through independent procedure at an Examination by Government Inspector and these will be called Development Plan Documents (DPDs).  The policies in such documents will be the first consideration when assessing planning applications.  There will also be scope for the preparation of less formal non-statutory documents offering guidance and interpretation of the DPDs; these will be called Supplementary Planning Documents (SPDs).

 

Details of the programme for the preparation of the LDDs is set out in the Local Development Scheme (LDS) which can be viewed at www.broads-authority.gov.uk by following the links to planning policy.

 

Details of the LDF system are set out in Planning Policy Statement 12 (PPS12) ‘Local Development Frameworks’ or can be found on the website for the Office of the Deputy Prime Minister (ODPM) at www.odpm.gov.uk.

 

The LDF and consultation process on the Core Strategy

 

The LDDs will form a portfolio of documents, which together will set out the vision and policies for the Broads.  The first LDD to be prepared is the Core Strategy.  The purpose of the Core Strategy is to set out the vision for the Broads for the next 15 years, including environmental, social and economic objectives and the primary policies for achieving that vision.  All other LDDs will need to be in conformity with the Core Strategy.  Central to all the policies is the theme of sustainable development which is about meeting the needs of the present without compromising the ability of future generations to meet their own needs and thereby ensuring a better quality of life for everyone, now and for generations to come.  This means that it is important to plan for new development, as well as protecting the environment for the future.

 

The LDF system for preparing the development plan is different from the previous system in a number of ways and one of the key differences is the increased emphasis on participation and consensus-building with stakeholders and communities throughout the process.  This is achieved through ‘front-loading’ the process, which means involving stakeholders and communities in the identification of the key issues that the policies must address and in developing the options for achieving this.

 

To do this, the Authority prepared a questionnaire setting out the key issues that arose as part of the preparation of the Broads Plan, the strategic management document for the Broads, and asked stakeholders and local communities whether or nor they agreed that these were the issues that would need to be addressed in the Core Strategy.  It also asked whether there had been any changes of which the Authority should take account and whether new issues had arisen.

 

The questionnaire was distributed to over 400 stakeholders and interested parties, comprising statutory bodies, including the eight local authorities within the Authority’s area, Government bodies, parish and town councils, Local Strategic Partnerships, and bodies representing interests including navigation, boating, conservation, tourism and access across the area.  The Authority also sought the views of the Planning Committee and the Broads Forum and the views of the public at the Annual Public Meeting on 12 May.  The consultation ended on 24 June 2005.

 

Around 70 responses were received and this report sets out the key issues that were identified and the policy options for addressing them. 

 

Next stages

 

This report will be subject to a six week period of consultation with a specially chosen group of stakeholders and communities.  The Authority is seeking the views of the stakeholders and communities on the policy options suggested and would like to hear your views on them, including which policies you feel should be taken forward and developed in the planning for the Broads for the next 15 years.  The policy options suggested are not exhaustive, so please tell us if there are important options which have not been included.  The purpose of the Core Strategy is to set out the strategic vision for the Broads and there will be some specific issues which will be better dealt with in subsequent more detailed documents.

 

The consultation will end on
14 October.

 

Following the consultation the Authority will consider carefully all the views and comments that have been received.  They will be considered against national and regional planning guidance and other local policies and strategies, including the Broads Plan.  The Authority will then prepare a Preferred Options Report setting out the policy approach that the Authority proposes to take to address the key issues.  This will be the subject of a further statutory period of consultation at the end of 2005.

 

The context

 

This section sets out the key policy influences that will set the context for the development of the LDF.  It is not intended to be a comprehensive list of all the national, regional or local policies and strategies that the Core Strategy must have regard to.

 

The Broads

 

The Broads is Britain’s finest wetland and includes wetlands of international importance.  Its rivers, shallow lakes, marshes and fens make it a unique area, precious for its rich wildlife and landscapes.  It is an important member of the international family of wetlands, with large parts of the Broads recognised as among the best examples of wetland habitat in the world.

 

It is also a place where people live and work.  Agriculture is of great importance to the Broads, and so too is outdoor recreation and tourism.  The Broads is one of Europe’s most popular inland waterways, attracting more than 1 million visitors a year and providing a unique recreational waterway system, offering a wide range of boating activities.

 

In recognition of the national importance of the area for its landscape, nature conservation and recreational value the Broads was established as a member of the UK national parks family under the Norfolk and Suffolk Broads Act 1988.  This legislation includes the need to meet the specific additional interest of protecting navigation in the Broads.

 

The boundaries of the Broads are tightly drawn, encompassing an area of around 300 square kilometres.  While predominantly an open, undeveloped landscape, the Broads also includes built-up areas, particularly waterside villages, although in many cases only part of a settlement falls within the Broads Authority’s boundary.  Part of the Broads is in the county of Norfolk and part in Suffolk.  The area includes parts of the local authority districts of Broadland, Great Yarmouth, North Norfolk, Norwich, South Norfolk and Waveney.

 

The Broads Authority is the Local Planning Authority for the Broads, with responsibility for planning, conservation, development control and enforcement.

 

The national context

 

In developing the LDF, including the Core Strategy, for the Broads the Authority does not start with a ‘clean sheet’.  The LDF must be in accordance with national policy, which is set out in Planning Policy Guidance Notes (PPGs) and Planning Policy Statements (PPSs) which are progressively replacing PPGs.  There are currently 25 PPGs and PPSs covering different aspects of planning which local planning authorities must take into account when preparing LDDs unless there are local circumstances which justify otherwise.

 

The overall objectives of Government policy are set out in Planning Policy Statement 1 (PPS1).  This identifies sustainable development as the core principle underlying planning.  The four aims for sustainable development are identified as:

 

 

The guidance advises that these objectives should be

 

“ .. pursued in an integrated way through a sustainable, innovative and productive economy that delivers high levels of employment, and a just society that promotes social inclusion, sustainable communities and personal well-being, in ways that protect and enhance the physical environment and optimise resource and energy use” (para 4)

 

The theme of sustainability is developed in ‘Sustainable Communities: Building for the Future’ published in 2003, which sets out an action plan for delivering sustainable communities.  More recently in January 2005 the ODPM published the five year plan ‘Sustainable Communities:  People, Places and Prosperity’ setting out how the Government intends to promote prosperity for all and help people create communities they feel proud of, while the regional document ‘Creating Sustainable Communities in the East of England’ explains the action being taken at a regional level to support prosperous, sustainable communities.

 

With respect to protection and enhancement of the environment, PPS 1 states:

 

“The Government is committed to protecting and enhancing the quality of the national and historic environment, in both rural and urban areas.  Planning policies should seek to protect and enhance the quality, character and amenity value of the countryside and urban areas as a whole.  A high level of protection should be given to the most valued townscapes and landscapes, wildlife habitats and natural resources.  Those with national and international designations should receive the highest level of protection” (para 17).

 

Guidance on the application of sustainability principles in rural areas is set out in Planning Policy Statement 7 (PPS7).

 

It identifies nationally designated areas such as the Broads as having the highest level of protection in relation to landscape and scenic beauty, with the conservation of wildlife and the cultural heritage being also identified as important considerations.  It advises that these factors should be given great weight in planning policies.

 

Sustainability encompasses appropriate growth as well as protection, so PPS 12 goes on to advise:

 

“As well as reflecting these priorities, planning policies in LDDs and where appropriate, RSS, should also support suitably located and designed development necessary to facilitate the economic and social well-being of these designated areas and their communities, including the provision of adequate housing to meet identified local needs” (para 22).

 

More specific and detailed guidance on particular topics for planning is given in topic based PPGs and PPSs covering issues ranging from flood protection (PPG25) to sports provision (PPG17) and housing (PPS3).  Details of the particular guidance is set out as appropriate under the relevant sections of this Report.

 

The regional context

 

The hierarchy of policies is continued at the regional level by the Regional Spatial Strategy (RSS) which is prepared by the Regional Planning Body (RPB).  The RSS develops national policy at a regional level and LDF policy must be in conformity with this.  The RSS is currently being prepared and will not be adopted until 2007, so in the meantime the LDF must take into account the policies as they develop.

 

The draft RSS sets out fourteen objectives for the region and whilst all must be considered in developing LDF policies, those most relevant to the Broads are:

 

·        9. Protect and enhance the built and historic environment and encourage good quality design and use of sustainable construction methods for all new development

 

·        10. protect and enhance the natural environment, including its biodiversity and landscape character

 

·        14. minimise the risk of flooding

 

The need for sustainability in development is central to the plan.  Policy SS1 ‘Achieving sustainable development’ states that this will include:

 

“… Conserving the region’s environment, quality of life, local character and natural resources, whilst adapting to climate change, together with tackling the problems of social inclusion and deprivation are also key strands in achieving sustainable development”.

 

The Broads is identified as a sub-area within the region, with the sub-area extending beyond the boundary of the Broads Authority Executive Area and including land within the areas of the neighbouring authorities; achieving the objectives for the sub-area will therefore require close co-operation with these authorities.

 

The specific policy for the Broads states:

 

The strategy for the wider Broads area is to:

 

·        Promote the area as the green heart to the north east of the region

·        Protect and enhance the landscape, waterways, wildlife and cultural heritage of the area

·        Balance the economic regeneration needs of Great Yarmouth and Lowestoft with the needs of the rural communities and the need to protect and enhance the environment

·        Accommodate the regeneration of the Broads boat hire industry

·        Promote sustainable tourism in the wider Broads area and developments that highlight the role of Norwich, Great Yarmouth and Lowestoft and surrounding market towns as gateways to the Broads

·        Manage sustainably the flood plain to alleviate flooding in the Broads, taking into account the impacts of climate change and rising sea levels.

 

The implications of this policy is set out in the relevant sections of this Report.

The current development plan

 

The current development plan comprises the strategic policies set out in the Norfolk Structure Plan (1999) and the Suffolk Structure Plan (2001) and the detailed development control policies in the Broads Local Plan (1997).

 

The Norfolk Structure Plan policy for the Broads sets an overall strategy of protection of the landscape and wildlife value, protection and enhancement of the built environment and careful siting of recreation and tourist development.  It gives precedence to the conservation and enhancement of the Broads landscape, wildlife and waterways, whilst taking into account the social and economic well-being of the area (ENV14).

 

The Suffolk Structure Plan (2001) strategy is to sustain and enhance the health, quality and integrity of the built and natural environment, and to ensure that development does not result in material damage to critical environmental resources (Strategic Aim 1).  It identifies 21 aims of which those seeking to protect and enhance areas of recognised landscape quality, protect and enhance important wildlife habitats, maintain and increase bio-diversity, promote an increase in the management and area of wildlife quality, locate development in areas not at risk of flooding and to protect and enhance the quality of conservation areas and buildings listed as being of special architectural or historic interest are of particular relevance to the Broads.  The strategy for the Broads sets out a similar strategy of protection and conservation to that in the Norfolk Structure Plan (ENV21).

 

The detailed policies of the Broads Local Plan (1997) have been developed in accordance with nine guiding principles.  These are:

 

  1. To prevent development which causes significant damage to the wildlife habitats, or to the characteristic Broads landscapes including the rivers and broads, fens, carr woodland and grazing marshes;
  2. To seek to ensure that the nature and pattern of development which takes place in the Broads is sustainable, taking account of Government advice;
  3. To encourage small scale recreation and tourism schemes in appropriate places to promote people’s enjoyment of the Broads in ways which are sympathetic to the environment;
  4. To discourage development which is damaging to the waterways and their use;
  5. To discourage large-scale holiday, leisure or other development which would damage the character of the Broads and lead to over-intensive use of the broads and rivers;
  6. To encourage the upgrading, enhancement and appropriate redevelopment of the existing built environment where it is compatible with the overall policies of the Local Plan;
  7. To conserve and enhance the Broads built environment and, where development is appropriate, to ensure that it is of a scale, form and design which enhances the Broads;
  8. To consider favourably development which meets the social and economic needs of people living and working in the Broads;
  9. Not to make provision for a specified amount of housing, employment or commercial or other development, but to consider the effect of development proposals on the Broads environment.

 

Under the new legislation in the Planning and Compulsory Purchase Act 2004 these policies are ‘saved’ for a period of three years until September 2007 when they will be replaced by the policies in the LDF.  In the meantime they remain the basis for decision-making on planning applications.

 

The Broads as a National Park

 

The Broads was granted national park status in 1988 under the Norfolk and Suffolk Broads Act.  This applies a special duty to manage the Broads for the purposes of:

 

None of these three purposes takes precedence.

 

Under the Act, in discharging its functions, the Authority must also have regard to:

 

 

The purposes of the Broads are being amended under the Natural Environment and Rural Communities Bill to include ‘wildlife and cultural heritage’ in the first purpose and replace the original second purpose with ‘promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public’.  This follows a 2002 review of the national parks by the Department for Environment, Food and Rural Affairs (DEFRA) and will ensure consistency with the statutory purposes of the other national parks, which were amended under the 1995 Environment Act.

 

National planning policy regarding national parks is set out in Planning Policy Statement 7 (PPS 7) which states that:

 

 

A key role for the LDF will be to provide for change and development in a way which meets the needs of the area whilst respecting the special qualities for which the Broads is known.

 

The Broads Plan

 

Under the terms of the 1988 Act the Authority is required to prepare and publish a strategic management plan for the Broads which must be reviewed at least every five years.  This is the Broads Plan and sets out a vision and long-term 20 year aims for the future of the Broads.  It also specifies short-term priority objectives to address during the five year period of a supporting Action Plan.  It identifies a series of Guiding Principles to direct the decisions of the Authority and actions of others in its implementation.

 

The current Broads Plan was adopted in February 2004.

 

In setting the vision, aims and objectives the Broads Plan is guided by the statutory purposes of the Broads Authority.  The Broads Plan is prepared with the involvement and participation of everyone with a stake or interest in the future of the Broads and has been through an extensive process of public consultation, debate and consensus building as part of its preparation.

 

Whilst the Broads Plan is a management plan rather than a land-use plan, many of the aims and objectives have a land-use dimension. Furthermore, under the Planning and Compulsory Purchase Act 2004 the LDF is to be a spatial plan with a remit wider than simply land-use, which enables many of the economic, social and environmental objectives to be included.  These issues are set out in the relevant section in this Report.

 

The Broads Plan and the LDF will be complementary documents which, together, will oversee and guide the future development and management of the Broads.

 

The issues that arose as part of the consultation on and preparation of the Broads Plan have been taken as a starting point for the preparation of the Core Strategy of the LDF.  These issues were summarised and consultees were asked whether these were still the main issues to be addressed in the LDF and what subsequent changes should be included or taken into account.

 

These issues are set out in the relevant sections in this Report.

 

Other spatial plans and policies covering the Broads

 

There are a wide range of plans and policies which impact on the Broads area and which need to be taken into account in the preparation of the LDF and a number of these are detailed below.  Others are referred to as appropriate under the relevant topic in Part 2 of this report.

 

Community Strategies

 

Under the Local Government Act 2000 all local authorities are required to convene a Local Strategic Partnership (LSP) made up of partners from the public, voluntary, business and community sectors to produce a Community Strategy setting out a vision for the area.  The Community Strategy aims to improve local services through better co-ordination between the organisations that provide them, as well as setting local priorities for the delivery of those services.

 

The Government’s Green Paper ‘Planning: Delivering a fundamental change’ (December 2001) summarises the purpose of the Community Strategy as being:

“ … (to) promote the economic, social and environmental well-being of their areas and contribute to the achievement of sustainable development”.

 

Planning Policy Statement 12 (PPS12) states that the LDF should be a key component in the delivery of the Community Strategy, setting out its spatial aspects where appropriate and providing a long-term spatial vision.  LDDs should express those elements of the Community Strategy that relate to development and use of land.

 

As a Special Statutory Authority established under the Norfolk and Suffolk Broads Act 1988, the Broads Authority does not prepare a Community Strategy; the Community Strategies are prepared by the adjacent local authorities for their own areas which are within the boundaries of the Broads Authority Executive Area.  The Authority, however, has a duty to take into account the objectives of the Community Strategies within its area.  These are prepared by the County authorities of Norfolk and Suffolk and the District authorities of Broadland, Great Yarmouth, North Norfolk, Norwich, South Norfolk and Waveney.

 

Details of the objectives and aims of the Community Strategies covering the Broads area, together with where and how the relevant issues will be addressed in the Core Strategy, will be set out in a supporting document to be available at the end of 2005.

 

Local Transport Plans

 

All Highway Authorities have, through the Transport Act 2000, a statutory requirement to produce and keep under review a Local Transport Plan (LTP).  Each Local Transport Plan covers a 5-year period and progress is reported to Government each year through the Annual Progress Report.  The Local Transport Plan has a long term transport strategy and a 5-year implementation programme.  As well as describing the transport strategy, it acts as a performance management tool through a set of targets and performance indicators which measure the extent to which the strategy is working and delivering real improvements for people on the ground.

 

The LTPs are prepared by Norfolk and Suffolk County Councils for their areas.  The first plans were submitted to Government in July 2000 covering the financial years from April 2001 to March 2006.  The second Local Transport Plans will cover the years April 2006 to March 2011.  The final versions will need to be submitted to Government in March 2006.

 

The specific policies for the Broads in Norfolk are developed through the Broads Area Transportation Strategy (BATS) which forms part of the LTP.  This is prepared by Norfolk County Council as Highway Authority, the Broads Authority and the local District and Borough Councils in whose areas the Broads lies and is consistent with the strategy being prepared by Suffolk County Council for their area of the Broads.

 

Water Framework Directive 2000

 

This European Directive establishes a framework for the protection of inland, coastal and ground waters by progressively:

 

 

This Directive was transformed into European law through the Water Framework Directive (Implementation) (England and Wales) Regulations 2003.  River basin management plans have to be published by December 2009 and waterbodies must achieve good status by December 2015.  Thereafter, plans must be reviewed every six years.

 

Countryside and Rights of Way (CROW) Act 2000

 

The CROW Act extends the public’s ability to enjoy the countryside while providing safeguards for landowners and occupiers.  It creates new statutory rights of access the open country and registered common land, gives greater protection to Sites of Special Scientific Interest (SSSIs), provides better management arrangements for Areas of Outstanding Natural Beauty (AONBs), and strengthens wildlife enforcement legislation.

 

The Act requires local authorities and National park Authorities to set up Local Access Forums to advise on improvements on access for purposes of open air recreation and enjoyment.  Improvements must take into account the needs of disabled people.

 

The Act also requires public bodies, such as the Authority, to further the conservation and enhancement of features of interest in SSSIs.

 

Particularly important to the Broads is Section 98 of the Act which places a special duty on relevant authorities (i.e. any public body or person holding public office) to have regard to the three statutory purposes of conservation, public enjoyment and navigation for which the Authority is responsible.