DOCUMENT: CONWY COUNTY BOROUGH COUNCIL S POSITION STATEMENT

Transcription

1 CONWY LOCAL DEVELOPMENT PLAN EXAMINATION HEARING SESSION 7B: CULTURAL HERITAGE WEDNESDAY 27 MARCH, 2013: 2.00 PM DOCUMENT: CONWY COUNTY BOROUGH COUNCIL S POSITION STATEMENT DOCUMENT DATED: 19 TH FEBRUARY 2013 Question: 1a.i Does Policy CTH/5 make appropriate provision for the Welsh language, taking into account current and emerging national guidance? (Issue 12a.i) CCBC Response to the above: Introduction CCBC accepts that if it proposes further changes as the examination proceeds, these should be scheduled in numerical order as Matters Arising Changes (MACs). Subject to consideration in the Examination, these can be recommended or endorsed in the binding Report along with the focussed changes. National Policy Section 4.13 Planning Policy Wales (PPW) covers planning and the Welsh language. Para states that the land use planning system should take account of the needs and interests of the Welsh language and in so doing can contribute to its wellbeing. Para states that all local planning authorities should include in the reasoned justifications to their development plans a statement on how they have taken the needs and interests of the Welsh language into account in plan preparation, and how any policies relating to the Welsh language interact with other plan policies. Para adds that appropriate development plan policies about the broad scale, location and phasing of new development could assist in achieving this aim. However, policies should not seek to introduce any element of discrimination between individuals on the basis of their linguistic ability, and should not seek to control housing occupancy on linguistic grounds. National Guidance Technical Advice Note (TAN) 20: The Welsh Language (2000) provides guidance to PPW on considering the Welsh language in preparing development plans. The TAN reiterates that appropriate housing (including affordable housing) and employment distribution and phasing policies can help meet housing needs while not eroding the position of the Welsh language.

2 In the absence of more detailed national guidance, a group of local planning authorities, along with the then Welsh Language Board (now Welsh Language Commission), the Welsh Assembly Government (now Welsh Government) and House Builders Federation, produced a document Planning and the Welsh Language The Way Ahead (2005). A number of recommendations were made (please refer to examination library reference EB033 for further information); however, they have not been transferred to national planning policy or guidance. In the absence of detailed guidance, a number of Welsh local planning authorities have used the recommendations in producing their development plan policies and Supplementary Planning Guidance (SPG). Recent examples include the adopted Eryri and emerging Denbighshire Local Development Plans (LDP); both plans make reference to language statements and language impact assessments to be used when assessing certain planning applications. In 2011, a revised draft TAN 20 was issued for public consultation by the Welsh Government. The main changes proposed include integrating a Welsh Language Impact Assessment with the Sustainability Appraisal and Site Assessment work involved in producing an LDP; considering the impacts on the Welsh language when identifying alternative development sites in the LDP; suggesting monitoring arrangements for impact on the Welsh language; ways to mitigate impact on the Welsh language; and, the role of Community Infrastructure Levy (CIL) in proposing charges which could contribute to the provision of Welsh language infrastructure. Conwy LDP and the Welsh Language The Council has produced a background paper (BP/33; examination library reference EB033) which provides evidence and justification for the policy approach in the LDP relating to the Welsh language and the requirements of the policy. The background evidence for the Council s Welsh language planning policy has been prepared with the guidance and assistance of the Welsh Government, the Welsh Language Board (now Welsh Language Commission), Menter Iaith Conwy and the Council s Welsh Language Development Officer. The Council also liaised with Snowdonia National Park Authority and Anglesey and Gwynedd Councils to assist in the preparation of this work. In April 2012 the Council attended a Welsh Government seminar on draft TAN 20 to discuss the consultation results and submitted additional comments at the Government s request to detail its work to date in plan preparation. A copy of the Council s letter is included in Appendix 1. The Council s approach has been to use the approaches advocated in both Planning and the Welsh Language: The Way Ahead and the draft TAN 20. The Council has collected a wide range of data from Censuses and surveys, including undertaking a Housing Occupancy Survey of new housing completions. A full account of the research work undertaken, including the language impact assessment of the LDP against the criteria included in Planning and the Welsh Language: The Way Ahead and the way the LDP has considered the Welsh language through the plan preparation process, is contained in sections 5 and appendix 1 of BP/33. The LDP, including Welsh language policy, has been subject to Sustainability Appraisal / Strategic Environmental Assessment (see Background Paper 10; EB010 and the updated appendix - EB042). Policy CTH/5 and BP/33 were amended during the plan preparation stages following comments received from the Welsh Government and discussion with the Welsh Language Board and Menter Iaith Conwy. The changes built on work already

3 undertaken for the Welsh language as part of the LDP and clarified how the Welsh language, as a plan objective, has been taken into account at all decision stages in plan preparation, aligning the work more closely with guidance in Planning and the Welsh Language: The Way Ahead (2005) and the draft revision to TAN 20: Planning and the Welsh Language. As a result of these amendments, policy CTH/5 has also been revised to make clear that the principle of development is not a matter for subsequent assessment at application stage. Policy might, however, more reasonably refer to unanticipated types of development requiring special assessment or to assessment needed to determine details of any mitigation. Matters Arising Changes Matters Arising Changes are proposed to policy CTH/5 following representations received at submission (Focussed Changes) consultation stage; the Council do not consider that the policy is inappropriate in its requirements, however, clarification is required to state where further assessment would be required over and above that already undertaken in BP/33 for the plan strategy (including Sustainability Appraisal / Strategic Environmental Assessment) and policies and site allocations. The Matters Arising Changes have been incorporated into policy CTH/5 as follows: POLICY CTH/5 THE WELSH LANGUAGE 1. The Council will ensure that development supports and sustains the long term well-being of the Welsh language, and will resist development which, because of its size, scale or location, will significantly harm the character and linguistic balance of a community. The LDP strategy has been assessed for Welsh language impact and the following requirements identified: a) Allocated housing sites in Abergele and Llanrwst and the allocated mixed use site in Dolgarrog will require Mitigation Statements in line with the results of the Welsh Language Impact Assessment; b) A Community Linguistic Statement should accompany: Housing applications on windfall sites of ten units or more in the Urban Development Strategy Area and five units or more in the Rural Development Strategy area; A commercial, industrial or tourist development on unallocated sites with an area of 1,000 square metres or more in the Plan area; and Development which is likely to lead to the loss of community facilities as defined in Policy CFS/6; c) Once housing windfall delivery is met for a spatial strategy area in line 144 with figures in table HOU1a, this will trigger a review which would introduce assessment of all housing windfall applications against the Welsh language; d) A more detailed assessment in the form of a Community and Linguistic Impact Assessment should accompany applications in the Plan area on unallocated sites of a larger scale, substantially over all of the above thresholds, including large scale residential, commercial, industrial, tourism and infrastructure developments. 2. The Council will encourage throughout the Plan area both the provision of bilingual signs and the retention of traditional Welsh names for new developments and streets.

4 Mitigation Measures Policy CTH/5 states that the LDP strategy and proposed site allocations have been assessed for Welsh language impact. As a result of this assessment it is considered that further detail on mitigation measures (the list referred to in draft TAN 20) should be applied to the housing site proposals in both Abergele and Llanrwst. Assessment to determine the mitigation measures does not mean that the principle of development is also under question; this has been determined through the LDP process and should not be an issue at application stage based on Welsh language considerations. The mixed use housing and tourism site at Dolgarrog Aluminium Works requires a Mitigation Statement to determine the mitigation for the housing and tourism uses against the Welsh language, based on the scale of the development. Details of how policy CTH/5 will be assessed are provided in the supporting text to CTH/5 and in Supplementary Planning Guidance (SPG). BP/33, in line with draft TAN 20, makes reference to potential to include the provision of Welsh language infrastructure in a Community Infrastructure charging schedule in line with the Community Infrastructure Levy Regulations (2010) (Amendment 2011). This may, for example, be used to obtain a financial contribution from developers towards Welsh language courses for adults and intensive Welsh language tuition for non Welsh speaking children entering Welsh medium education (para 4.2.2, draft TAN 20). In the Conwy LDP context, this would tie in with the Mitigation Statements as detailed in policy CTH/5 and the SPG. Question: 1a.ii Are the requirements for Community Linguistic Statements and Community and Linguistic Impact Assessments sufficiently defined in the LDP? (Issue 12a.ii) CCBC Response to the above: The Council proposes to use Community Linguistic Statements (CLS) and Community Linguistic Impact Assessments (CLIA) to assess certain proposals where it is considered they could impact on the character and linguistic balance of the community. Policy CTH/5, points b-d, detail scenarios where either a CLS or CLIA would be required based on the development type, scale and relationship with the LDP spatial strategy. An important factor in preparing this policy has been to ensure that any statement or impact assessment required is proportionate to the scale of an application. The supporting text, paras , provides justification on the use of CLS and CLIA. The Council responded in INS002(R) that the thresholds referred to in policy CTH/5, as amended by Focussed Change CH013, indicate when a CLS is required. In certain circumstances it will be necessary to screen applications/proposals that are of a larger scale and where the cumulative impacts of such a development are likely to impact greater on communities and the Welsh language. It is important that a degree of flexibility is applied in the transition from a CLS to a CLIA because the cumulative impact can be measured differently from one community to the next based on available evidence. The proposed approach, where an impact assessment would apply to proposals substantially over all of the above thresholds, is similar to Development Policy 18 in the adopted Eryri Local

5 Development Plan and follows the suggested transition from a Statement to Impact Assessment advocated in Planning and the Welsh Language: The Way Ahead (2005). The details of information required in a CLS and CLIA are best set out in SPG rather than in the LDP. The Council is mindful of the Inspectors comments in INS002 regarding the length of the LDP and it is considered that SPG, which in this case has already been prepared and consulted upon at deposit and submission (focussed changes) stage to which no objections were received -, is the most appropriate place for the detailed guidance. Again, this follows the approach in the adopted LDP where SPG accompanies the Welsh language policy Question: 1a.iii Should criterion c) require an assessment being submitted for a single windfall dwelling? (Issue 12a.iii) CCBC Response to the above: Housing Windfall The delivery of housing windfall schemes are expected to be spread over the Plan period in line with table HOU1a and the LDP monitoring framework and should predominantly cover schemes of ten units or less. Applications over ten units in the Urban Development Strategy Area and five units in the Rural Development Strategy Area will require Welsh language assessment in the form of a Community Linguistic Statement. A single windfall dwelling, subject to other national and local planning policies, should not be subject to assessment through either a Community Linguistic Statement or Community Linguistic Impact Assessment. Housing windfall schemes above certain thresholds would require assessment because windfall should be delivered on small scale sites over the Plan period, not on larger sites in a shorter time frame. The Council considers that the thresholds used are appropriate and in line with the housing need requirements over the Plan period. Once the housing windfall target is met for a spatial strategy area as per the figures in table HOU1a, this would trigger a review of the LDP with the requirement to assess future windfall housing applications for Welsh language impact. A single dwelling on a windfall site could require assessment but other sources of housing supply would still need reviewing at the same time to ensure that the housing requirements are being met. Welsh Government Representations A representation was received from the Welsh Government (reference 26500) at submission stage stating that windfall development should not be subject to individual assessments as the policy suggests because the plan relies on windfall and therefore larger scale development in urban areas must be part of the strategy and the policy should not impinge on delivery. The Council responds that whilst the LDP housing land supply relies on an element of windfall, Background Paper 4 (EB004) shows that most of the windfall delivery is projected to be on sites of 10 units or below (see table 5 in EB004) and there are not many anticipated scenarios in which sites of 10 units or above are likely to come

6 forward as sources of supply. Where proposals are submitted that trigger the threshold in bullet point 1, it is considered reasonable to assess against Welsh language having considered other development plan policies. The requirements of a Community Linguistic Statement are not onerous, should not impinge on delivery, and the thresholds used in bullet points 1 and 2 are similar to those used in the adopted Eryri LDP and emerging Denbighshire LDP.

7 Appendix 1 Copy of the Council s response following the Welsh Government s TAN 20 forum in Aberystwyth, 18 th April 2012 Gwasanaeth Datblygiad Cymunedol / Community Development Service Pennaeth Gwasanaeth / Head Of Service - Marianne Jackson Gwasanaeth Polisi Cynllunio / Planning Policy Service Rheolwr Polisi Cynllunio / Planning Policy Manager James Harland MSc, BA (Hons), MRTPI 26 Stryd y Castell, Conwy LL32 8AY 26 Castle Street, Conwy, LL32 8AY FAO: Stacey Pritchard Planning Division Welsh Government Cathays Park Cardiff CF10 3NQ Gofynnwch am / Please ask for: Ian Stevens Ian.stevens@conwy.gov.uk Ein Cyf / Our Ref: P-1-1 Eich Cyf / Your Ref: Dyddiad / Date: 1 st June 2012 Dear Ms Pritchard TAN 20 Forum Thank you for your letter dated 11 th May 2012, inviting the submission of examples from Local Planning Authorities. Below I summarise how the Council has taken Welsh language issues into account in preparation of its LDP. Community Involvement Scheme The Community Involvement Scheme forms part of the Council s LDP Delivery Agreement and sets out methods to be used during the LDP process for consultation and engagement. Para 3.9 states in accordance with the Council s Welsh Language Scheme, both Welsh and English will be used in public consultation exercises. Participants are able to respond in either language. Further to this point, the Council s online consultation system provided acknowledgement responses in Welsh if comments were made in Welsh. LDP Vision and Objectives The LDP vision Conwy in 2022 states that By 2022, the communities of Conwy will be more sustainable, offer a higher quality of life and be supported by a more balanced age structure Within these communities, development will have supported and sustained the long-term wellbeing of the Welsh Language. Sixteen spatial objectives (SO) have been formulated as a means of realising the vision and tackling the priority issues within the Plan Area. SO16 states the Plan will ensure

8 that development supports and sustains the long-term wellbeing of the Welsh language and the character and linguistic balance of communities within the Plan area. Strategic Options Background Paper 37 (BP/37) which accompanies the LDP summarises the six options for spatial distribution between the strategy areas. A Sustainability Appraisal of each option has been included in table 2 of BP/37 and the Welsh language has been considered under the Maintain and enhance community cohesion and identity objective. Option three, the preferred spatial option, scores a minor positive against this objective; no other option scores higher against the objective. Neither of the new settlement options or the rural growth option scored positively against the objective because of the likely detrimental impacts on the rural strategy area and the traditionally Welsh speaking communities. LDP Preparation and Deposit Policy CTH/5 of the 2009 Conwy Deposit LDP required proposals which were likely to have a significant effect (including cumulative impact) on the Welsh language to be accompanied by a language statement or, in some cases, language impact assessment. This policy was based on guidance contained in Planning and the Welsh Language: the Way Ahead (2005). The Council worked with the then Welsh Language Board to develop Supplementary Planning Guidance (SPG) detailing threshold levels for when proposals, whether allocations or windfall development, would require assessment at application stage. Minor amendments were made to policy CTH/5 and the SPG was issued alongside the revised Deposit LDP for public consultation last year. The Welsh Government commented on the policy approach, objecting to the proposed requirement for allocated sites to be accompanied by further linguistic assessment to establish the principle of development. Menter Iaith Conwy supported the aims of the policy but was concerned with the proposed growth levels and housing allocation numbers in Abergele and Llanrwst and the impacts on the Welsh language. In response to the above representations, the Council has liaised with the Welsh Government to determine in which circumstances assessment may be appropriate. It is acknowledged that for allocated and contingency sites, assessments may be required to determine the nature of any mitigation but not the principle of development. Unanticipated developments of a significant scale could be assessed on the basis of principle of development. The policy has been revised accordingly and the Council has updated its background evidence to show how the Welsh language has been taken into consideration at various stages as summarised above. The Council has also worked with the then Welsh Language Board to undertake a housing occupancy survey of new build housing from the last five years. The survey looked at where occupants had moved from, reasons for moving and Welsh language ability. The results of this survey have fed into the updated background evidence and a copy of the survey is enclosed. The background paper detailing the Welsh Language Impact Assessment will be available when the Council submits its LDP for examination in public in August. It is likely that assessments may be required to determine the nature of any mitigation measures for development proposals (including allocations, contingency and windfall development) in Abergele and Llanrwst. As a result of these

9 changes, the Council s monitoring indicators will be revised for the Welsh language and policy CTH/5, having regard for the monitoring framework for the adopted Snowdonia National Park LDP. Please note that the work detailed above builds on that already undertaken for the Welsh language as part of the LDP and demonstrates how the Welsh language, as a plan objective, has been taken into account at all decision stages in plan preparation and enhanced through discussions with Welsh Government, Welsh Language Board (now the Welsh Language Commission) and Menter Iaith Conwy. SA/SEA of the revised Deposit LDP Para of the SA/SEA states that the Welsh language is essential to the character of many of the communities of the County Borough. Therefore, it is important that development does not have a negative impact on this heritage. The SA of policies notes that it may be difficult to identify how development can have an impact on the Welsh language, and it may be that some objectives of economic growth may be in conflict with this. I trust that the above information is of assistance and hope that the enclosed documents give further detail of our approach. Should you wish to discuss any of the above, please do not hesitate to contact me. Yn ddiffuant/yours sincerely James Harland Rheolwr Polisi Cynllunio / Planning Policy Manager Gwasanaeth Polisi Cynllunio / Planning Policy Service