Introduction
Arun District Council is responsible for preparing a planning policy framework, for its area which will be used to guide development proposals and determine planning applications. This may include Strategic (including jointly with other authorities) and Local Plans as well as supplementary planning guidance.
Part of the process of preparing policy documents involves statutory stages of consultation that must be undertaken to allow stakeholders and the public to have the opportunity to comment on the proposals.
The council is committed to encouraging early and meaningful engagement. Whilst the formal consultation process is necessary and can add some value, we will focus on early and meaningful engagement, ensuring that proposals do their best for Arun. We understand that people will still have positive and sometimes negative views at a consultation stage but welcome their valuable input. By engaging communities and other interested parties, the council gains valuable local knowledge and expertise, along with community commitment to the future development of Arun.
Engagement is a two-way process of openly sharing and exchanging information, understanding different views, listening and responding to suggestions and developing trust and dialogue to support effective working relationships to the mutual benefit of all involved.
This section sets out the type of policy documents Arun District Council is likely to prepare, and how people can get involved.
Statement of Community Involvement
Consultations on all Development Plan Documents must comply with the methods set out in the adopted Statement of Community Involvement (SCI). This SCI is Arun District Council’s formal policy to:
- identify how and when local communities and stakeholders will be involved in the preparation of the documents for Arun’s Local Plan or a Strategic Plan
- set out community involvement in the consideration of planning applications, both minor and major. Arun District Council is using the Government’s definition for ‘major’ development (as defined in the GDPO 1995 as amended - see Development Management Procedure Order 2015 ) which includes applications for planning permission relating to: ‘residential development comprising 10 or more dwellings, or a site area of 0.5 hectares and other uses where the proposed floor space exceeds 1,000m2 or the site area exceeds 1 hectare’
The Development Plan Process
The Arun Development Plan
A number of documents will be prepared as part of the Development Plan. These documents can be divided into two broad categories as follows;
Table 1 - documents that form part of the Development Plan
Table 1 - Documents that form part of the development plan
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Development Plan Documents (including the Strategic/Local Plan)
Neighbourhood Development Plans
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- strategic policies
- local policies
- spatial portrait
- site allocations (if appropriate)
- development management policies
- policies map
- area action plans (if appropriate)
- single-issue documents
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Supplementary Planning Documents (SPD’s)
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SPD’s build on policies contained within the Plan.
The types of SPD’s required will be determined during the Plan process.
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There will be different preparation and consultation stages to undertake dependant on whether the council is working to produce a Development Plan Document or a Supplementary Planning Document.
A timetable has been prepared which sets out the timescale for the production of any Development Plan Documents (DPD) considered necessary by the Local Planning Authority. This is referred to as the Local Development Scheme (LDS) and is available for viewing on the councils website. The LDS covers a three-year period and is reviewed on a regular basis to ensure that it is kept up to date.
A Sustainability Appraisal (SA), Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA) must also be undertaken although HRA assessment may not be required where there are unlikely to be significant effects on national/international designations. These documents are prepared in parallel with the DPD’s and continuously inform and shape plan policies.
Development Plan document production:
For each Development Plan document there are seven preparation stages. These are explained in Table 2, below.
Table 2 - the stages involved in the preparation of a Development Plan document
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Stage
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Brief explanation of process:
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1. Evidence gathering
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Obtaining relevant information and producing studies that will form part of the evidence base.
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2. Sustainability Appraisal (SA), Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA) – Scoping Report
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Consulting the statutory bodies on the SA, SEA and HRA which appraises the social, economic and environmental effects of the document. These are a key part of the evidence base and will help with the evaluation of reasonable alternatives. The scoping report is the first stage in the preparation of the SA, SEA and HRA.
The appraisal and assessments are subject to consultation and take place alongside the preparation of the Development Plan Documents (DPD).
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3. Regulation 18* Consultation.
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When preparing a Development Plan Document (DPD) the council must notify certain stakeholders and individuals that they are producing the document whilst also inviting them to make representations on what the DPD should include.
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4. Publication of a Local Plan (Reg 19*)
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Before submitting a Strategic or Local Plan to the Secretary of State, the council will make a copy of each of the proposed submission documents and a statement of representations procedure available for inspection at various times and places.
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5. Representations relating to a Local Plan (Reg 20*)
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Any person may make representations to the council about a Local Plan. Any representations must be received by a specified date.
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6. Submission of the Development Plan Document (Reg 22*)
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The Development Plan Document is submitted to the Secretary of State along with a statement of representations procedure, summary of representations and how they were taken into account at Regulation 18 and summary of key issues arising from any representations at Regulation 19.
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7. Independent examination (Reg 24*)
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An independent inspector will be appointed by the Secretary of State to consider the representations and the ‘soundness’ of the document. The Inspector will then prepare a report which may include any changes (Main Modifications) to be made to the Development Plan Document in order to make it ‘sound’.
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8. Adoption (Reg 26*)
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The council may adopt the plan with the Inspector’s Modifications or choose not to.
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These Regulations (any with a *) refer to ‘The Town and Country Planning (Local Planning) (England) Regulations 2012’ that came into force on 6 April 2012.
Duty to Co-operate
The Government has introduced a ‘Duty to Co-operate’ through the Localism Act. The council will work with neighbouring councils and other relevant organisations across authority boundaries on strategic planning issues that affect them all. They will engage constructively, actively and on an ongoing basis in the planning process.
The council is required to demonstrate compliance with the ‘Duty to Co-operate’ as part of the examination of Local Plans. If a local council cannot demonstrate that it has complied with the duty, its local plan will not pass the independent examination.
Who is consulted
The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended by the Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017) sets out the legal requirements for consultation and public participation during the preparation of any planning policy documents.
Anyone who may have a role or interest in shaping the planning of Arun including residents, businesses, community groups, landowners, developers, and public sector organisations should have the opportunity to be involved in the preparation of documents that form part of the Arun Development Plan.
As part of the consultation process, the following groups will be consulted at various stages, in various forms:
(i) general consultees
(ii) specific consultees
(iii) local consultees
(iv) hard-to-reach groups
(v) other Stakeholders
With respect to both the 'general & specific consultees', the legal requirements for such consultation are set out in 'The Town and Country Planning (Local Planning) (England) Regulations 2012'.
The council recognises that a significant number of groups will have an interest in the Local Plan generally and this Statement of Community Involvement in particular. For this reason ‘local groups’ have been identified as a single entity in this document.
The council aims to ensure that all sections of the community are involved in the Plan process, treated with fairness and respect and that their views are taken into account. The Equalities Act 2010 bans unfair treatment of people on the grounds of protected characteristics they may have or are alleged to have. It also introduces a ‘Public Sector ‘Equality Duty’ (section 149) which requires the council to consider how different people will be affected by its decisions and activities and ‘specific duties’, including to monitor and publish relevant information on fulfilling its duty.
Most plans policies and programmes are required to be subject to a Sustainability Appraisal (SA) which includes socio-economic impacts and mitigation. The council’s Equalities Impact Assessment is used to assess equalities impacts of its policies and programmes and any necessary mitigation. A health impact assessment (HIA) helps ensure that health and wellbeing are being properly considered in planning policies and proposals. All Plans will be screened to see if these assessments are required. Where possible, these assessments will be integrated in to the SA process.
Appendix 1 identifies who the council will involve in the various planning policy documents (Local Development Documents) that it may prepare.
Throughout the Arun District, there are wide differences in standards of living, with some of the most affluent but also some of the most deprived people in the country living here. Arun also has some of the best-educated people in England and some in the bottom 10%. The district also has residents with the longest life expectancy in the Southeast, while others have the shortest. The council will, therefore, aim to use appropriate methods to engage with all sections of the community.
The council maintains a database of all its ‘consultees’ which it reviews and updates. Any individual or organisation can request to be added to the database and notified of future consultations. This will be held in accordance with the UK General Data Protection Regulation (UK GDPR).
When we will undertake the consultation
The regulations set out the various stages in the preparation process for each of the types of planning documents and when we must formally publish the document for comment and for how long. These requirements will be met. However, we consider that there should be a significant effort to engage people at the early stages of preparing planning documents, where there is the greatest opportunity to influence policies and strategies.
The Local Development Scheme sets out the programme for plan preparation and provides a starting point for members of the public and stakeholders to find out which documents are being produced and the timetable for their production. The Local Development Scheme operates over a three-year period and is available on the council's website.
Methods of consultation
Arun District Council wishes to engage as many individuals and groups as possible in the plan-making process. Table 3 below identifies a series of consultation methods that the council will consider using in this regard. The tables included in Appendix 2 clearly set out how the council intends to undertake consultation, in an attempt to engage as many sections of society as possible in the plan-making process. Additional survey methods may also be used, depending on the type of Development Plan Document being prepared.
Table 3 - Consultation methods
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Advertising
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- Newspapers and newsletters: The council will advertise the various stages of the Development Plan Documents produced, in local newspapers and newsletters.
- Posters: Posters shall also be used at suitable locations e.g. community notice boards, local shops, supermarkets, train stations, bus stations and leisure centres.
- Press Releases: As a further advertising method, Arun District Council may inform the public of key stages in the planning process through press releases, either on local radio or in printed form.
- Arun Times: The council magazine, ‘Arun Times’, is delivered to households in the district on a regular basis. It is used to inform the community of issues being discussed, as well as document production, and to raise the overall profile of the Local Plan. In the past, this has proven extremely useful in alerting the community to any forthcoming publications and updating individuals and groups of the results of consultation and involvement exercises.
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Table 3 consultation methods
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Web
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Websites and social media are a popular and efficient way of communicating planning issues to individuals and groups. The planning pages of the Arun District Council website will be regularly updated with all the latest planning developments and with opportunities for online consultation. Social media sites will also be used as appropriate.
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Table 3 consultation methods
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‘Objective’ consultation-software
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This is a tool that provides the user with a unique username and password which allows them to access and comment on ‘live’ consultation documents online. The user is able to provide comments on a specific paragraph or policy text being consulted on.
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Table 3 consultation methods
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Letters and emails
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Letters and emails shall be sent out to particular people and groups at particular stages of the Plan making process to advise of the publication of a consultation document. An overview of the document shall be provided and the locations at which any consultation documents can be viewed will be identified.
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Table 3 consultation methods
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Presentations and public meetings
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When planning public meetings the council will always make sure that the venues are accessible, not only in terms of public transport but also in terms of access to the building itself. Timing can be difficult because different groups have different needs. The council will try to ensure that meetings are held at a time when it is considered most people will be able to attend.
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Table 3 consultation methods
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Stakeholder engagement (including Town and Parish Councils)
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The council may consider it necessary to hold meetings/ workshops with particular individuals or groups of people, where it is considered that further information in relation to a particular topic could be gathered to better inform the plan-making process.
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Table 3 consultation methods
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Community representatives
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As part of the consultation process, the council will consider using community representatives and community networks including neighbourhood planning groups.
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Table 3 consultation methods
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Unstaffed displays
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This method is less resource-intensive than some forms of consultation but will be limited to those individuals visiting the particular location. Displays will stay in each location for a number of days so that the largest number of people have the opportunity to view them. The display will then move on to other parts of the district. Publicity will be the key to getting a good attendance and there will be opportunities for individuals to respond, e.g. digital method of consultation.
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Table 3 consultation methods
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School councils and youth council
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School councils and the Arun youth council mirror the council’s own democratic processes. Arun youth councillors have a standing item on the agenda if they wish to report to full council meetings. In presenting Development Plan Documents to the school councils and youth council it is hoped that the council will be able to make the planning process interesting enough to encourage younger people particularly, to take an active part in Development Plan Document production
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Table 3 consultation methods
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Survey Methods
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- Wavelength - this panel contains a representative sample of 1200 residents whom the council may involve in certain consultation exercises.
- One-to-one interviews - the council will undertake one-to-one interviews at particular locations where it is considered that a particular category of society would otherwise perhaps not engage in the Plan making process. Such locations could include leisure centres, train stations, bus stations and shopping centres.
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Table 3 consultation methods
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Consultation Documents (which may include Summary Leaflets)
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The council will produce consultation documents and make them available at various locations (including the Arun Civic Centre, Bognor Regis Town Hall and libraries within the district). Additionally, paper copies of the document, for which the council reserves the right to charge, will be made available on request from the Arun Civic Centre’s Reception. Where it is considered that the preparation of a summary document would assist, these may be made available. In addition, the following practice will be used as appropriate;
- using a font size of at least 12 point, preferably 14 point
- using plain English
- using clear fonts such as Arial
- avoiding the use of italicised fonts
- using an even type spacing
- only justifying the left margins
- avoiding the use of a background image
- using diagrams that add to the clarity of the document
Summary leaflets may also be provided which can provide a useful ‘quick step’ approach to obtaining information on the relevant Development Plan Document.
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Supplementary Planning Document (SPD) production will follow a slightly different process. This is highlighted in Table 4 below.
Table 4 - consultation methods involved at the various stages of the SPD production
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Stage
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Informal consultation
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Formal
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Consultation on draft SPD document
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Report to full council
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Adopted
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SPDs
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Discussions with Town and Parish councils and Parish meetings, and consultation with other stakeholders as appropriate.
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Report to Planning Policy Sub-Committee
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Document sent to
statutory and any general consultees
the council thinks
will be affected by the document, the general public and Town and Parish councils.
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Report to full council
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Adopted
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Specific consultation information
Consultation database:
The policy team maintains a consultation database which it uses to inform all interested individuals or organisations when a consultation is taking place provided that they have given their express consent for necessary details to be added and used for the purposes described and, on the terms, set out in a Privacy Notice, in accordance with the UK General Data Protection Regulation (UK GDPR). Such information will only be retained in so far as to comply with the council's data retention policies.
Consultation documents:
During periods of public consultation, documents will be made available for viewing at the following locations between 9am to 4pm (weekdays) with the exception of Wednesdays (when the receptions open at 11am).
- Arun Civic Centre, Maltravers Road, Littlehampton
- Bognor Regis Town Hall, Clarence Road, Bognor Regis
Paper versions of consultation documents will also be made available in all libraries throughout the district (during their normal opening hours), and electronic copies published on the Arun District Council website.
Consultation comments :
The council uses a piece of electronic consultation software (Objective) which enables any interested party to provide their representation online. This is the council's preferred method of receiving representations and representors are strongly encouraged to use this method because it will greatly speed up, and increase accuracy in capturing people’s representations, thus saving time in processing. Anyone can provide comments on a planning policy document however, we cannot accept confidential or anonymous comments.
Hard copy response forms will also be provided in an electronic format so that copies can be emailed or printed off and posted to the council.
The council will also accept letters/emails which have been received by the close of the relevant consultation period although submitting comments via the Objective consultation portal will be encouraged.
All representations submitted via the consultation software and by email will automatically receive an acknowledgement.
Consultation duration:
As a general rule, consultation shall take place for a minimum of six weeks for Development Plan Documents and four to six weeks for Supplementary Planning Documents.
The timescales involved for receipt of representations with respect to the various Development Plan Documents will be clearly advertised using the following media sources:
- West Sussex Gazette
- The Littlehampton Gazette
- The Bognor Regis Observer
- The council’s own magazine ‘Arun Times’ (if timetabling permits)
- www.arun.gov.uk
The closing dates and times for receipt of representations shall be strictly adhered to and no representation will normally be accepted after the deadline has passed.
Consultation analysis:
At the end of each period of consultation in accordance with plan-making regulations, a schedule summarising any representations will be made, and any actions that the council proposes to take or where required a summary of the key issues. This will be reported and considered by the council and made available for inspection on the council’s website (when available) together with the full consultation representations accessible online in the Objective database.
Except in very exceptional circumstances, responses will be open to the public. Therefore respondents will be advised not to include material that they do not wish to be in the public domain.
How to get involved:
Any person or group, who would like to get involved in the Plan making process as outlined above, can enter their details directly onto the consultation software (Objective), or request that their details be added to the Policy consultation database (in accordance with the UK GDPR requirements) by contacting the Planning Policy and Conservation Team.
Neighbourhood Development Plans (NDP)
The Localism Act 2011 has reformed the planning system to give local people new rights to shape the development of the communities in which they live. There is no compulsion for parishes to prepare a Neighbourhood Development Plan (NDP), however, there are a number of benefits to having one:
- it will help a community play a greater role in shaping the future of its surrounding area
- it will bring together local residents, businesses, local groups, landowners and developers to share ideas and build consensus about what needs to be done within the local community. It can also build relationships between the local community and service providers
- neighbourhood planning offers communities the opportunity to set priorities for planning within their area
- areas with ‘made’ (adopted) Neighbourhood Development Plans will also be entitled to a larger share of any Community Infrastructure Levy to put towards infrastructure projects in the area
Neighbourhood Development Plans will set out the vision for an area and the planning policies for the use and development of land within a parish or neighbourhood area. The policies within a Neighbourhood Development Plan are intended to support the strategic policies within the Arun Local Plan and should focus on guiding development, rather than stopping it.
In a parished area like Arun District, it is usually the Parish or Town Council who is the qualifying body to prepare a Neighbourhood Development Plan. It can cover all or part of the parish and in some cases may involve a number of parishes. In some areas residents associations or other bodies e.g. businesses may be interested in drawing up a Neighbourhood Plan and act as a forum; however this will need to be carried out with the Parish/Town/City Council who initiate and support the project.
Plans will need to conform to planning policies and guidance at a local and national level and meet the Neighbourhood Planning Regulations. This will be tested in an independent examination. They will also need to demonstrate the involvement of the local community, including engagement and periods of statutory consultation. Those statutory consultation requirements are stipulated in the regulations.
The parish should publish the draft plan locally for a minimum period of six weeks (Reg.14) in order for any representations to be made. Consultation must also be made with specified consultees bringing it to the attention of anyone whom it may affect. When the final plan is submitted to Arun District Council, it will publish the plan for a minimum six-week consultation (Reg.16) period bringing it to the attention of all those consulted at Reg.14 plus any others it deems necessary. Following the conclusion of the consultation, the plan will progress to an independent examination.
The examiner makes a report which will recommend either:
- The plan can move to a referendum
- Following a few minor amendments the plan can move to a referendum
- The plan should be refused
Once a NDP has successfully passed referendum it will come into effect as a statutory plan (as set out in the Planning Practice Guidance (PPG) even though it remains to be made through a council decision.
A decision statement will be produced by Arun District Council, outlining its’ decision with reasons, identifying where the statement can be inspected and any modifications made to the plan. The examiner’s report and the council’s decision will be published on the website.
Once the plan is finalised and any amendments have been made, it will then be subject to a community referendum. Arun District Council will arrange and fund the referendum. This will include all those on the electoral roll within the designated Neighbourhood Development Plan area. This may also include those from neighbouring parishes if the Examiner has deemed it will also affect them directly.
If the referendum result returns in favour by 50% of responses or more, then the Neighbourhood Development Plan will move on to the final stage in the process to be ‘made’ (adopted).
Once a plan has been ‘made’ (adopted), it will become a Statutory Plan to be used by Arun District Council in making decisions on planning applications in the Neighbourhood Plan area.
‘Made’ (adopted) plans will be published on the council’s website and notification of the decision to ‘make’ (adopt) the plan will be sent to the parishes and any person asking to be notified.
The council will seek to provide support and advice on a range of issues, including consultation and the process of document production. Further information on this can be found on neighbourhood planning on the Arun District Council website.
Community Right to Build Order (CRBO)
The ‘Community Right to Build Order’ enables community organisations to progress new local developments without the need to go through the normal planning application process, as long as the proposals meet certain criteria and there is community backing in a local referendum. Communities may wish to build new homes or new community amenities, and providing they can demonstrate overwhelming local support, the ‘Community Right to Build Order’ will give communities the powers to deliver this directly. All profits derived from a Community Right to Build Order proposal must be used for the benefit of the community, for example, to provide and maintain local facilities such as village halls. The production process and bringing it into force is the same as it is for NDPs.
Neighbourhood Development Order
A Neighbourhood Development Order allows communities to grant planning permission for development they want to see go ahead in a neighbourhood. For example, it enables them to allow certain developments, such as extensions to houses, to be built without the need to apply for planning permission.