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									                                                                            Report for:     DECISION
                                                                            Item Number:

  Contains Private and                                NO
  Confidential Information

  Title                                               Local Development Framework: Community
                                                      Involvement and Monitoring
  Responsible Officer(s)                              Service Director, Built Environment
                                                      Dick Johns, Head of Planning Policy
  Author(s)                                           Tel: 020 8825 8446
                                                      Email: johnsr@ealing.gov.uk

  Portfolio(s)                                        Transport & Planning
  For Consideration By                                Cabinet
  Date to be Considered                               7th June 2005
  Implementation date if not
  called in
                                                      22nd June 2005

  Affected Wards                                      All
  Area Committees                                     All
  Keywords/Index                                      Local Development Framework, Plan for the Environment ,
                                                      Unitary Development Plan (UDP), Supplementary Planning
                                                      Guidance (SPG), Local Development Scheme, Annual
                                                      Monitoring Report, Statement of Community Involvement.
  Purpose of Report
  Members are asked to note the continuing role of the UDP in a Local Development
  Framework for Ealing, and the forthcoming ‘interactive UDP’ on the Council’s web site. The
  Local Development Scheme (LDS) is now finally approved, as confirmed by the Government
  Office for London. Cabinet is asked to agree the first annual monitoring report on ‘delivering
  local development’ and a draft ‘Statement of Community Involvement’. The latter document
  requires approval by full Council before being published for public participation. Initial
  arrangements for community involvement in the LDF process are also proposed.

1. Recommendation

1.1         It is recommended that Cabinet:

            i)          Notes that the Ealing Local Development Scheme can be
                        formally brought into effect as from the 1st April 2005, following
                        the Secretary of State’s decision not to direct any changes to the
                        scheme approved by Council in March;

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            ii)         Recommends that full Council approve the draft Ealing
                        Statement of Community Involvement (SCI) set out at Appendix
                        One, as a basis for public participation;

            iii)        Agrees the first Annual Monitoring Report, ‘Delivering Local
                        Development’, as attached at Appendix Two;

            iv)         Authorises the Cabinet Member for Planning and Transport to
                        approve any editing changes required in respect of the above
                        documents following liaison with Government Office for London;

            v)          Notes the arrangements for an interactive UDP online this

            vi)         Agrees public participation on the Preparation of a Local
                        Development Framework for Ealing, commencing 24th June,
                        spanning the summer holiday period and ending 23rd

            vii)        Agrees to the establishment of a Cabinet UDP Committee at the
                        end of September to consider the community involvement and
                        other LDF matters.

2. Reason for Decision and Options Considered

2.1         If Cabinet and Council make a decision to approve the
            recommendations above, it will enable the Council to comply with the
            target dates for the first two planning policy documents produced in the
            context of the Planning and Compulsory Purchase Act. Meeting the
            target will contribute to forthcoming Planning Delivery Grant for plan

3.          Key-points

3.1         Policy Framework

3.1.1 Local authorities in London have been required to have unitary
      development plans (UDPs), which contain policies and proposals for
      the development and use of land. The Council has completed the
      statutory procedures for adoption of a replacement UDP, the 'New Plan
      for the Environment'. However, the government is currently introducing
      a new development plan system, and the Council is required to submit
      a project plan to the Government Office for London indicating how the
      replacement UDP and associated documents can be taken forward in a
      'local development framework' over a period of three years. Ultimately,
      the UDP will be superseded by development plan documents produced
      on the basis of the new legislation.

                                                              Page 2 of 7
3.2         Financial implications

3.2.1 The new work associated with the introduction of local development
      frameworks in Ealing is being undertaken using the agreed budget for
      the Planning Policy Team. The team successfully achieved the
      maximum available Planning Delivery Grant for Plan Making in 2004/5
      by completing the Local Development Scheme before the end of March
      2005. The Office of the Deputy Prime Minister (ODPM) will allocate
      Planning Delivery Grant for 2005/6 on the basis of the authority's
      performance in meeting the targets set out in the LDS.

3.3         Legal Implications

3.3.1 The ‘New Plan for the Environment’ was adopted in October 2004. This
      is the statutory unitary development plan (UDP) under the Town and
      Country Planning Act 1990. The new statutory adopted UDP guides the
      development of the borough for the period 2002 – 2017.

3.3.2 The above legislation has been superseded by the Planning and
      Compulsory Purchase Act (2004). This includes provisions for the
      introduction of new-style Local Development Frameworks. The
      commencement date of these provisions was the 28th September 2004.
      The unitary development plan and supplementary planning guidance
      remain in force, but the local authority is required to set out a
      programme - called a Local Development Scheme - for the production
      of the new-style plans. These will eventually supersede the UDP.

3.3.3 New regulations on plan making are now in place - the Town and
      Country Planning (Local Development) (England) Regulations 2004.
      These prescribe the statutory procedures required. This includes, at
      regulation 48, the requirement for an Annual Monitoring Report to
      assess the implementation of the local development scheme, and the
      extent to which policies in local development documents are being
      achieved. The annual monitoring report must be based on the period
      1st April to 31st March and submitted to the Secretary of State no later
      than the end of the following December. Regulation 48 specifically
      requires information on net additional dwellings.

3.4         Environmental Implications

3.4.1 Sustainable development is of key importance in the government’s
      proposals for a new development planning system. Taking this report
      forward will improve the authority’s performance on sustainability.

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4.          Detailed Section

4.1         The Local Development Scheme for Ealing

4.1.1 The Planning and Compulsory Purchase Act requires authorities to
      produce a Local Development Scheme (LDS), setting out its
      programme and timetable for the preparation and resourcing of the
      various component documents that will make up the borough's Local
      Development Framework (LDF). Cabinet and full Council agreed the
      LDS for Ealing in February and March respectively. The Government
      Office for London has since confirmed that the Secretary of State does
      not wish to direct any changes. The LDS can therefore be operative
      from the 1st April 2005. Indeed, as indicated in this report, work on the
      projects set out in the LDS is well underway. A service agreement with
      the Planning Inspectorate has been entered into in respect of the
      examination of development plan documents.

4.1.2 The LDF is made up of Local Development Documents (LDD), the
      Local Development Scheme, and Annual Monitoring Reports. The
      subject matter and geographical areas to which each LDD relates must
      be set out in the Local Development Scheme. Local Development
      Documents include 'Development Plan Documents' (i.e. those which
      will be subject to formal examination by the Planning Inspectorate) and
      Supplementary Planning Documents, and a Statement of Community
      Involvement. The LDF will include the 'saved' UDP until the policies in
      the UDP are superseded by the new documents.

4.1.3 The approved LDS prioritises the following key planning outcomes -
       Consistent with national policy, a new Core Strategy is to be
         produced, embodying a unique vision for Ealing and well related to
         the Local Strategic Partnership’s Community Strategy and action
       A development plan document on Site Allocations will be
         produced, adding sites for housing, business, retail and community
         and open space facilities.
       A Waste Development Plan Document based on joint work with
         other West London boroughs, to improve performance in the
         achievement of government and metropolitan targets for waste
         reduction and recycling.
       A Proposals Map to indicate the boundaries of the sites and areas
         indicated in the above development plan documents.
       Supplementary Planning Documents reflecting the Council’s
         existing commitments to work in the context of the adopted UDP,
         and to provide more detail on the emerging development plan
       A Statement of Community Involvement (SCI), as required by the
         new Act, setting out arrangements for involving the community in all
         parts of the LDF and in development control decisions.
       An Annual Monitoring Report to provide information on
         performance in achieving the programme set out in the LDS, the

                                                              Page 4 of 7
                  extent to which planning policies are being achieved (including a
                  housing trajectory), and other relevant matters (see 4.2 below).
                 The LDS contains a clear commitment to the resources available
                  for implementation of the local development scheme, and includes
                  a risk assessment.

4.2         Statement of Community Involvement

4.2.1 The Statement of Community Involvement (SCI) sets the standards
      by which Ealing Council will involve the community in the preparation,
      alteration and continuing review of all local development documents -
      and all development control decisions. It will be a clear public
      statement informing people when and how they can be involved in the
      preparation of local development documents.

4.2.3 Clearly, it Is important that the SCI is prepared early in the LDF
      process. A draft version is attached at Appendix One for approval. The
      regulations require that full Council considers this document before it
      published for public participation. The Statement of Community
      Involvement is not only subject to local public participation, but also to
      independent examination by the Planning Inspectorate.

4.2.4 It is proposed to undertake public participation following Council
      approval. This would commence on 24th June, would span the summer
      period, and end on the 23rd September. It would provide plenty of time
      for people to give their views, including at least three weeks either side
      of the school holidays. The public participation, to be meaningful, would
      necessarily include discussion of all aspects of the local development
      framework and how agencies, organisations and individuals can be
      involved in the process.

4.2.5 The SCI will be the first document in Ealing’s Local Development
      Framework to be adopted following examination. Subject to approval
      by Cabinet and full Council this month, the process for producing
      Ealing's statement should be complete by March 2006.

4.3         Monitoring the Local Development Scheme for Ealing

4.3.1 The first document to be finalised in the context of an approved Local
      Development Scheme will be the Annual Monitoring Report (AMR).
      This is to monitor the local planning authority’s performance in meeting
      the targets for plan production set out in the Local Development
      Scheme. It will also have more wide-ranging monitoring functions. The
      importance of the AMR and the role of monitoring is highlighted in
      PPS1 ‘Delivering Sustainable Development’ para 10 -

                  Under the Planning and Compulsory Purchase Act 2004, every local
                  planning authority now has a responsibility for reporting, on an annual
                  basis, the extent to which policies set out in local development plans are
                  being achieved. Their role, therefore, is not restricted to plan making and
                  development control, but involves facilitating and promoting the

                                                              Page 5 of 7
                  implementation of good quality development. They should therefore aim
                  to provide a good quality service for managing the development of their
                  area: making plans, dealing with development consents and assisting
                  implementation, striving for continuous improvement with regard to
                  matters such as openness, customer service and stakeholder

4.3.2 The Annual Monitoring Report is now ready for consideration by
      Cabinet. It is entitled 'Delivering Local Development' and covers the
      period April 2004 to March 2005. The report is set out in five chapters -

            Chapter 1               Introduction

            Chapter 2 This is Ealing - comprising a regional context and
            descriptions of the people (population figures), the place (geography),
            and projected future change in the borough.

            Chapter 3 Delivering Local Development 2004/5. This provides
            information on each planning policy topic, ie the context at national and
            regional level and relevant contextual indicators, the range of policies
            and how useful they have been in promoting and controlling
            development, the amount of development permitted and completed,
            and other performance indicators.

            Chapter 4 Creating the Framework for Future Development -
            March 05. This sets out the documents and production deadlines from
            the Local Development Scheme approved in March. The Council's
            performance in achieving the target deadlines will be tested in future

            Chapter 5 Issues and Actions for Future Planning. This provides
            conclusions arising from the report.

4.3.3 The Annual Monitoring Report is set out in full at Appendix 2. The
      regulations (see para 3.3.3 above) require the Report to be published
      by December. In Ealing, it was planned to publish the AMR by June, so
      that in the event that problems are identified, there will be time to take
      remedial action, and in addition, there will be time to reflect on any
      possible changes which might be needed in an update of the Local
      Development Scheme by March of next year.

4.4         The adopted UDP available online

4.4.1 Since adoption of the Plan for the Environment, Ealing's UDP,
      consideration has been given to enhancing access to the document
      electronically. All the policies in volume 1 of the written statement and
      the schedules and maps in volume 2 of the plan are already on the
      Council's web site at www.ealing.gov.uk/planpol. At present however,
      there is no search facility. Consequently, in addition to editing the
      written statement and producing new proposals maps, a contract has
      been let for the provision of an 'interactive UDP'. This should be ready

                                                              Page 6 of 7
            by the end of the month. It will enable anyone interested in a site or a
            subject, to focus in on the relevant parts of the UDP. This complies with
            best practice guidance on e-government, and will improve the
            prospects for Planning Delivery Grant from the Office of the Deputy
            Prime Minister.

4.3         Conclusion

4.3.1 Careful consideration has been given to the new statutory
      requirements arising from the Planning and Compulsory Purchase Act
      2004. This report introduces a Statement of Community Involvement
      for public participation and the first Annual Monitoring Report (set out in
      full at Appendices One and Two overleaf). These documents, together
      with proposed arrangements for public participation in the LDF process
      over the Summer, are put forward on target and in line with ongoing
      advice from the Government Office for London. Members are also
      asked to note the work on improving access to the adopted UDP on the
      Council's web site.

5.          Background Documents

5.1        The following documents are relevant to this report, and can be
           inspected on the Council’s web site at www.ealing.gov.uk/planpol or
           the web site of the Office of the Deputy Prime Minister at
           www.odpm.gov.uk/planning or by contacting the author of this report.
                Plan for the Environment – Ealing’s adopted unitary
                 development plan (UDP), October 2004;
                Cabinet UDP Committee Reports - UDP and the draft local
                 development scheme, 19th April and 8th September 2004;
                Planning Policy Note for LSP Sustainability Forum on UDP
                 Performance Indicators and the Community Strategy Quality of
                 Life Indicators, LBE January 2005;
                Planning Policy: Housing Delivery Action Plan and Trajectory,
                 submitted to Government Office for London, LBE 2004;
                PPS 12 and companion guide, ODPM, 2004;
                Town and Country Planning (Development Plans) (England)
                 Regulations 2004;
                Sustainability Appraisal and Strategic Environmental
                 Assessment - Draft Guidance ODPM 2004;.
                PPS 1 Delivering Sustainable Development, ODPM, Feb 2005.

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