Agenda item - Toad's Hole Valley Supplementary Planning Document

Report of the Executive Director, Economy Environment & Culture (copy attached).

(1) That the Committee notes the results of the public consultation (Appendix 1) on the draft Toad’s Hole Valley SPD and accompanying Consultation Statement (Appendix 2) and Strategic Environmental Assessment (Appendix 3) and endorses the changes made to the document; and

            (2) Adopts the SPD15 “Toad’s Hole Valley” (Appendix 4) as an SPD subject to any minor grammatical and non-material text and illustrative alterations agreed by the Head of Planning prior to publication.

19.1    The Committee considered a report of the Executive Director, Economy, Environment and Culture setting out the results of the consultation undertaken on the “draft” Toad’s Hole Valley Supplementary Planning Document (SPD) and seeking approval for the changes made and adoption of the SPD.

19.2    It was noted that once adopted the SPD would assist in the delivery of the City Plan Part One by providing guidance, illustrations and examples to aid the preparation of detailed development proposals and to support the successful delivery of a new neighbourhood for the city at Toads Hole Valley.

19.3    Councillor Mears welcomed the report but expressed concern  that the full document had not been made available to members stating that it would  have been useful if Members had all of the relevant background information at their disposal when considering the report. The Executive Director, Nick Hibberd acknowledged all that had been said but explained that  this document would provide guidance which would sit alongside the Council’s policies.

19.4    Councillor Druitt had similar concerns and queried whether it would be appropriate to defer consideration of the report until the Committee had the opportunity to consider all of the relevant  background documents.

19.5    The Legal Adviser to the Committee, Hilary Woodward, explained that  the Supplementary Planning Document (SPD), now had considerable weight  although not as much as if it had been fully adopted. This document was not policy but was intended to provide guidance.

19.6    Councillor Mac Cafferty stated that he was aware that work on this document had been ongoing for some time and sat alongside the infrastructure documents and the overarching  masterplan. Councillor Mac Cafferty noted that reference was made in the report to a transport assessment taking place in future  but that no mention appeared to have been made to on-site infrastructure, seeking confirmation in respect of that matter. Councillor Mac Cafferty was concerned that its omission could result in a document which was not sufficiently robust.

19.7    It was explained that this document was intended to build to in essential safeguards although it was not possible to require a masterplan for this site there was case law which could be invoked.

19.8    In answer to comments raised regarding the language used in the document, the Legal Adviser to the Committee, Hilary Woodward explained that Counsel’s advice had been given regarding the language used in order that it did not expose the authority to challenge.

19.9    Councillor Morris stated that notwithstanding that he wished for the word “encouraged” to be re-inserted into the text and it was agreed that this could  be done without compromising the document overall.

19.10  RESOLVED – (1) That the Committee notes the results of the public consultation (Appendix 1) on the draft Toad’s Hole Valley SPD and accompanying Consultation Statement (Appendix 2) and Strategic Environmental Assessment (Appendix 3) and endorses the changes made to the document; and

            (2) Adopts the SPD15 “Toad’s Hole Valley” (Appendix 4) as an SPD subject to any minor grammatical and non-material text and illustrative alterations agreed by the Head of Planning prior to publication.