Minutes of Parish Briefing 240223

Town and Parish Council Briefing
24th February 2023

Purpose of the meeting:

  • To ensure continued liaison with Parish and Town Councils.
  • To provide an update on the Local Plan.
  • To explain the upcoming CIL consultation and its content.
  • To discuss the National Planning Policy Framework consultation and its implications. The NPPF consultation ends on 2nd March 2023.

Below is the agenda for reference followed by a summary of the discussions and questions that arose from the meeting. The meeting notes have also been made available online at Parish briefings | Arun District Council


  1. Introductions/Apologies
  2. Local Plan update – Pause and Studies/Headlines
  3. Levelling Up & Regeneration Bill (LURB) / NPPF consultation - Headlines
  4. CIL Infrastructure Investment Plan (IIP) ‘Light Touch’ Update
  5. Town and Parish CIL Payments
  6. Questions and Answers

Meeting Notes

1. Introductions/Apologies:

No apologies

2. Local Plan update – Pause and Studies/Headlines

Local Plan update - Pause

  • Pause Local Plan in October 2021 – maintained in June 2022
  • However, some committed work completed and some continuing
  • Local Elections 1st May – new administration?
  • Levelling Up & Regeneration Bill + NPPF consultation
  • Will raise the matter of lifting the pause again in June PPC
  • Gypsy & Traveller DPD – Reg 19 summer 2023
  • Local Development Scheme March FC

Local Plan update – Studies

i. Visitor & Tourism Accommodation

Visitor and Tourism study (on the evidence page of ADC website)

7 June 2022 Planning Policy Committee Recommendations

  • ADC take a Pro active approach working with stakeholders to identify suitable sites opportunities, including examining the Council’s own estate*;
  • Support a new large scale holiday site either through an allocation in the Local Plan Update, or through the use of an appropriately worded policy
  • Local Plan update encourage the forms and range of hotel and visitor accommodation identified under section 1.10
  • Call for sites – LP update (NDP may also consider?)
  • Economic actions – active delivery partner organisation*; public realm improvements; active travel
  • Pages 37 – 44 of the study (see Table 40-41)
  • Provider interest (page 40-41)

ii. Biodiversity Net Gain Study

Recommendations: –

iii. Strategic Flood Risk Assessment (Part 1)

  • Environment Agency Climate change allowances including coastal, fluvial in 2020/22
  • Planning Practice Guidance update on flooding; climate change – future flood risk; Sequential and exceptions tests; Functional Flood Plain (3a); Definition Minor development (HH extensions) – non major up to 10 dwellings
  • Study update modelling and mapping will inform
  • DM decisions (developments in Flood Zones 1, 2, 3a 3b)
  • LP update – Stage 2 Sequential test of sites
  • ttps://www.gov.uk/guidance/flood-risk-and-coastal-change

Further Studies:

  • Secondary School Study 2023 (using the 2019 Study methodology - in House)
  • LEGA - West Bank Study 2023 – coastal protection (West Bank) and flood alleviation (Climping)
  • Gypsy and Traveller Delivery Study2023 - See LDS timetable January PPC

3. LURB/NPPF consultation – 2 March 2023

In December 2022, the Department for Levelling Up, Housing and Communities published their proposed revisions to the National Planning Policy Framework (NPPF) through a consultation period that will end on 2 March 2023.

Levelling Up & Regeneration Bill – planning reform

  • NPPF para 1: “sufficient housing...sustainable manner”…having an up-to-date LP is a priority and para 7: “homes and infrastructure …sustainable manner…”
  • Para 11 (presumption) Plan making
  • Meet OAN unless conflicts with NPPF/as a whole – and subject to added clauses b) ii densities and character; b) iii or evidence of over-delivery – discount in next LP
  • Decision making NPPF paragraph 11d (i.e. the ‘presumption’)
  • 11d applies if the authority is unable demonstrate 5 year Housing Land Supply (HLS) and Local Plan policies are less than 5yrs old (unless those policies have been reviewed and don’t need updating) but the requirement for a buffer is removed e.g. 20%
  • 11 d applies where authorities fail the Housing Delivery Test and have delivered less than 75% of the housing requirement measured over the preceding 3 yrs – unless authorities can show the level of commitments or planning permissions over the 3 years has achieved 115% of the requirement measured over the preceding 3 yrs (this is to be called the ‘permissions-based test’) Footnote 49 to the NPPF
  • Para 14 relates to Neighbourhood Development Plans (NDP) and explains that the application of paragraph 11d and the presumption to NDP is likely to conflict by significantly/demonstrably outweighing the benefits, provided following apply;-
    • a) the NDP is up-to-date i.e. no older than 5 years old at time of any decision – previously this was 2 years
    • b) The requirement to for the local authority to demonstrate a 3 yr HLS including any HDT buffer is removed;
    • c) The requirement for the local authority to demonstrate at least 45% delivery of HLS against the housing requirement is also removed

[Note : While Arun may satisfy any revised HDT based on the proposed ‘permissions test’ (having a high number of planning permissions granted) but after July 2023 will be still unable to demonstrate a 5 year HLS and the Local Plan will be 5 years old]

Soundness tests

  • ‘Positively prepared’ –having a strategy to meet the OAN “as a minimum” is removed while consistent with NPPF polices is added – requiring unmet need to be secured via agreements (e.g. Statements of common ground or Memoranda of Understanding) - is to be deleted
  • ‘Justified’ – an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence; is to be removed
  • ‘Standard Housing Methodology unchanged till 2024 (Census 2021 based HH projections)
  • SHM – clarification that SHM is an ‘advisory’ starting point (para 61) no real change?
  • Exceptional circumstances to depart from the SHM – may include certain characteristics e.g. a local authority’s above average older population age profile – the consultation asks are there any other criteria?
  • Duty to Cooperate – to be removed and replace with a ‘soundness test’ - “alignment policy”.
  • National Development Management policies to be introduced.
  • Beauty a key design requirement
  • Sustainable energy – extsnd the life of existing renewables; existing buildings? Subject to Net Zero Bill Future Homes Standard etc.
  • Planning Policy Committee (PPC) report 21 February 2023

4. CIL Infrastructure Investment Plan (IIP) ‘Light Touch’ Update 2023

The Infrastructure Investment Plan (IIP 2022-2024) approved by FC on 9 March 2022

  • 3-year programme 2022 to 2024
  • 5 priority ‘Shortlist’ projects and 20 odd RAG projects on baseline/longlist - once agreed minimal change
  • However, CIL Governance process (Full Council on 25/01/21) on how CIL infrastructure proposals will be prioritised, allows for a ‘light touch’ update (2023)
  • Full IIP update in 2024
  • 3 March 2023 - Providers and Parishes will be asked for any updates or new projects (existing - pro forma - web site);
  • Existing and new project - must meet the definition of Infrastructure;
  • Share up to date information on existing or new project with any joint infrastructure provider to help prioritise infrastructure project for funding;
  • New project - must carry out consultation/engagement with the public and community;
  • Return pro forma to ADC;
  • Town and Parish Councils should use their own Neighbourhood CIL, where possible, for projects within their towns or parishes, especially smaller projects.

What is Infrastructure?

For ADC CIL monies, CIL Regulations are more restrictive:-

  • Infrastructure which can be funded by the levy includes schools and other educational facilities, road and other transport facilities, flood defences, hospitals, community facilities and other health and social care facilities.
  • The Levy can be used to increase the capacity of existing infrastructure or to repair failing infrastructure if that is necessary to support development

For CIL Income – Town & Parish Apportionment infrastructure CIL regs wider definition:-

  • CIL is passed to local councils to support the development of the local council’s area, or any part of that area by funding:
  • ✓ The provision, improvement, replacement, operation or maintenance of infrastructure
  • OR
  • ✓ Anything else that is concerned with addressing the demands that development places on an area.
  • ✓ CIL cannot be used to fund solutions to existing problems i.e. traffic calming/management or on repairs to existing infrastructure in an area that hasn’t experienced housing growth
  • CIL receipts received by local councils (Town and Parish) must be spent within 5 years.
  • This is a requirement of Regulation 59e of the CIL regulations. Arun District Council may serve a notice on the town or parish council to repay some or all of neighbourhood CIL receipts that are not spent in accordance with the regulations.

Think about infrastructure projects – here are a few tips:-

  • Size of projects
  • Costs
  • Timescales for spending
  • Partnerships – for example any projects that could be delivered with the district e.g. improvements to a playground. Partnerships also includes WSCC and other infrastructure providers, as necessary
  • Emphasis: Town and Parish Councils should use their own Neighbourhood CIL, where possible, for projects within their towns or parishes, especially smaller projects.
  • Remember that we are available to discuss these matters with you.

5. Town and Parish CIL Payments

Total amount of CIL receipts sent to Town and Parish Councils to date (Circa £171k)
Town and Parish Council Totals up to October 2022
Aldingbourne £31,275.00
Aldwick £583.25
Angmering £8,639.40
Arundel £0.00
Bersted £3,050.00
Bognor Regis £1,934.38
Climping £11,386.52
East Preston £3,771.18
Felpham £2,075.00
Ferring £8,738.87
Ford £0.00
Kingston £0.00
Littlehampton £2,487.50
Lyminster £0.00
Middleton-On-Sea £570.00
Pagham £15,869.35
Rustington £2,975.00
Walberton £0.00
Yapton £32,500.00
Barnham & Eastergate £62,152.58
Poling £0.00

6. Questions and Answers/ Discussion

Notes have been made of the range of questions asked (not verbatim) at the meeting and the answers given below.

Q. Why has no one been to Climping Parish Council to talk about the SFRA?
A. The SFRA which was mentioned is a technical update, not a consultation document and will look at updating mapping to reflect national policy changes. During the Local Plan process, there will be opportunities for consultation to take place.

Q. Is the cost allocated for LEGA value for money?
A. LEGA is part of the housing delivery in the Local Plan and therefore the council is required to commission the appropriate evidence to support its delivery. The costs are based on the current cost levels nationally for this type of Study.

Q. Does a Neighbourhood Development Plan have to allocate housing?
A. The Planning Practice Guidance is very clear that the scope of an NDP is for the qualifying body (parish council) to decide.

The scope of neighbourhood plans is up to the neighbourhood planning body. Where strategic policies set out a housing requirement figure for a designated neighbourhood area, the neighbourhood planning body does not have to make specific provision for housing, or seek to allocate sites to accommodate the requirement (which may have already been done through the strategic policies or through non-strategic policies produced by the local planning authority). The strategic policies will, however, have established the scale of housing expected to take place in the neighbourhood area. Housing requirement figures for neighbourhood plan areas are not binding as neighbourhood planning groups are not required to plan for housing. However, there is an expectation that housing requirement figures will be set in strategic policies, or an indicative figure provided on request. Where the figure is set in strategic policies, this figure will not need retesting at examination of the neighbourhood plan. Where it is set as an indicative figure, it will need to be tested at examination.

Extract from Paragraph: 104 Neighbourhood planning - GOV.UK (www.gov.uk)

A neighbourhood plan should support the delivery of strategic policies set out in the local plan or spatial development strategy and should shape and direct development that is outside of those strategic policies (as outlined in paragraph 13 of the revised National Planning Policy Framework). Within this broad context, the specific planning topics that a neighbourhood plan covers is for the local community to determine.

Extract from Paragraph: 004 Neighbourhood planning - GOV.UK (www.gov.uk)

Q. Can the ADC response to the NPPF consultation be made available?
A. The ADC response to the consultation was taken to PPC on 21st February 2023 - Agenda item 688
Model report with explanatory text - August 2008 (arun.gov.uk)Appendix 1 - NPPF Consultation Response.pdf (arun.gov.uk)

Q. Yapton Parish Council has received a lot of CIL and has used some for the play area. Can ADC do an updated forecast for the money expected so we know what is expected.
A. ADC will provide an update forecast for this in due course.

Q. Disabled access is an issue for Middleton-On-Sea. Can CIL money be used to fund improvements to disabled access facilities for the village hall and children’s playground?
A. CIL gives Parish and Town Councils considerable freedom to spend their proportion of CIL on the things that address the impacts of development on their area. Therefore, careful consideration should be given as to whether proposals for disabled access addresses the extra demand on infrastructure and services that are caused by development within your area and be clear on the links between infrastructure and growth i.e. CIL should not be used just to fix problems that existed before the development.
MOSPC is able to spend CIL on disabled access as long as they can prove it is required due to growth in the area.