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 1 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. 2 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: [email protected] 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 [email protected] 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
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