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Local Plan - Chapter 1: Background

Structure of the Document
Local Plan Strategy and Aims
Planning Policies & Proposals
The Proposals Map
The Inset Maps
What Other Planning Policies Have Influenced the Local Plan?
Why Do We Need a Local Plan?
What Status do Local Plans Have?
The Local Plan Adoption Process
Environmental Appraisal
Conclusions of the Environmental Appraisal

Introduction

1.1 - This Local Plan sets out the Council's Planning Strategy for the future development of the Borough of Oswestry. It contains planning Policies and Proposals which will guide and control new development in the Borough into the next Century. The Local Plan was adopted by the Borough Council on 26th July 1999.

1.2 - The Plan Area covered by the Local Plan is the whole of the Borough of Oswestry, as shown on Map 1.  The Plan Period covered by the Local Plan is 1996 to 2006.

1.3 - Under Section 54a of the Town and Country Planning Act 1990, planning applications should be determined in accordance with the Plan unless material considerations indicate otherwise.

Structure of the Document

1.4 - The Local Plan includes:

• A statement of the Local Plan Strategy and Aims (Chapter 2)
• A set of Planning Policies & Proposals (Chapters 3 to 12)
• A Proposals Map of the Borough, and
• 31 Inset Maps of individual settlements.

Local Plan Strategy and Aims

1.5 - Chapter 2 of the Local Plan sets out the Borough Council's Local Plan Strategy and Aims for the Borough of Oswestry. This summarises what the Borough Council hopes to achieve through its role as the Local Planning Authority.

Planning Policy and Proposals

1.6 - Chapters 3 to 12 set out detailed planning policies which will be operated by the Borough Council in order to implement the Planning Strategy, and will form the basis of the Council's decisions on planning applications.

1.7 - These planning policies and proposals cover the following topics:

• Housing Development (Chapter 3)
• Transport (Chapter 4)
• The Local Economy (Chapter 5)
• Tourism Development (Chapter 6)
• Shopping (Chapter 7)
• Open Space (Chapter 8)
• The Countryside and The Natural Environment (Chapter 9)
• The Historic Environment (Chapter 10)
• Regeneration (Chapter 11)
• Community Development (Chapter 12)

1.8 - In each chapter, there is an introduction followed by the detailed planning policies and proposals in bold type. The policies are supported by reasoned justification, which further explains their purpose and how they will be applied.

The Proposals Map

1.9 - The Proposals Map can be found in the pocket inside the back cover of this document. It shows:

• The Plan Area, (which in this case is the whole of the Borough of Oswestry)
• The settlements covered by the Inset Maps
• The areas of the Borough covered by special planning designations (such as the Areas of Special Landscape Character)
• Those planning policies which apply to the whole of the Plan Area.

The Inset Maps

1.10 - The Inset Maps are included after Chapter 12. The A4-size inset   maps are included first, followed by the A3-size maps, both sets in alphabetical order.  The inset maps for Oswestry Town and Oswestry Town Centre are included in the pocket inside the back cover.

1.11 - The Inset Maps define the boundaries of settlements for development purposes, and within these boundaries actually identify (or 'allocate') sites for a number of uses. For example, they allocate sites for housing or employment development, for new schools, or sites for redevelopment.

1.12 - They also show other proposed land-uses such as areas of Public Open Space, and identify other special planning designations which apply within settlements, such as Conservation Areas.

1.13 - By actually allocating sites for development, the Inset Maps show how each settlement is likely to change or grow over the plan period.

1.14 - By identifying sites for other land-uses, areas where special Planning controls apply and by defining the development boundaries of settlements, the Inset Maps also show which areas within or around settlements will be protected from development, or where development can only proceed in certain circumstances.

1.15 - In total there are 31 Inset Maps, covering the following settlements or areas within the Borough of Oswestry:

Babbinswood, Bank Top Industrial Estate, Chirk Bank, Dovaston, Gledrid, Gobowen, Ifton Industrial Estate, Kinnerley, Knockin, Llanyblodwel, Llanymynech, Maesbrook, Maesbury Marsh, Morda, Oswestry Industrial Estate, Oswestry Town, Oswestry Town Centre, Pant, Park Hall, Porthywaen, Rednal Industrial Estate, Rhoswiel, Ruyton-XI-Towns, St. Martins, St. Martins Moor, Selattyn, Treflach, Trefonen, West Felton, Weston Rhyn, Whittington.

What Other Policies Have Influenced the Local Plan?

1.16 - In drawing up a new Borough-wide Local Plan, the Borough Council must take into account other relevant planning policy documents produced at National, Regional and County level, plus any existing Local Plans which are still relevant.

1.17 - The Department of the Environment publishes a series of Planning Policy Guidance Notes (PPG's) which set out the Government's National Planning Policy, and which Local Authorities must take into account in carrying out their planning functions.

1.18 - Local Plans are assessed in terms of whether they comply with this Government guidance, as are any subsequent Planning Applications and Appeals.

1.19 - The Local Plan must also take account of Regional Planning Guidance (RPG) issued by the Secretary of State for the Environment. Based on advice from the Forum of Local Authorities in the Region, this Regional Planning Guidance lays down broad planning criteria to guide the future development of the region.

1.20 - Regional Planning Guidance for the West Midlands was published in 1997, and in the context of Oswestry Borough, promotes sustainable development, the viability and vitality of market towns, and the regeneration of rural areas. The Borough Council must ensure that the policies and proposals in this Local Plan take account of the strategy for the region as a whole.

1.21 - At a more local level, the Local Plan must also conform with the County Structure Plan which was adopted by Shropshire County Council in May 1991. The Structure Plan sets out Strategic planning policy for the whole of the County of Shropshire and provides the broad policy framework for planning and the control of development within the Districts.  The current adopted Structure Plan will be reviewed before the end of the Local Plan period.

1.22 - The Structure Plan therefore covers wider planning issues such as the amount of new housing or industrial development which should be provided for within the Shropshire districts, based on national and regional policies and on likely demographic changes which are anticipated within the County in the future. The Structure Plan also indicates, in broad terms, the areas where development should be avoided, leaving Local Plans to determine exactly where this development should occur.

1.23 - The Structure Plan also sets out strategic development control policies on The Countryside, The Historic Environment, Transportation, Housing, Industry & Commerce, Shopping, Tourism & Recreation, Minerals/Waste Disposal and Derelict Land, which  form the basis of more detailed policies and proposals in Local Plans.

1.24 - Before District Councils formally adopt their Local Plans, they must obtain a statement from the County Council to confirm that the Local Plan conforms with the Structure Plan.  The County Council resolved on 4th April 1996 that the Oswestry Borough Local Plan is in general conformity with the Structure Plan.

1.25 - Finally, any new Local Plan must take account of previous local plans which are still relevant. The Oswestry Rural Area Local Plan was adopted by the Council in 1991. Many of its policies, which have stood the test of time, have been reviewed and carried forward into this district-wide Local Plan. The Oswestry Rural Area Local Plan expired on 31st March 1996.

Why Do We Need a Local Plan?

1.26 - The preparation of a district-wide local Plan allows the Borough Council and the local community to take stock of the progress of development in the Borough, and to make choices about the future. Priorities change over time, and local communities are now more aware of the need to protect and conserve the natural and historic environment, and of the need to limit global pollution. Government planning policy has altered dramatically in recent years, and now gives a clear brief to the planning system to promote sustainable development and reduce reliance on the private car. Preparation of the Oswestry Borough Local Plan has provided an ideal opportunity to give a local expression to these changing priorities.

1.27 - Local Plans are an important guide for local residents, and especially for people buying or selling property who want to know what will be happening in the area in the next 10 years. This will apply to people buying houses who need to know if there is any further development planned nearby. It will also be of use to people setting up businesses or services in the area who need to know how the area will develop in order to plan their investment.

1.28 - Local Plans are a guide for other authorities and organisations which provide services or may be affected by the Local Plan's policies and proposals.

1.29 - The Water and Power Companies need to know where development will occur so they can plan their investment to provide these essential services.

1.30 - Other Authorities and Organisations responsible for providing a wide range of public services, for example Roads, Public Transport, Communications, Hospitals, Schools, Emergency Services, will use the Local Plan to determine the level of services required within an area.

1.31 - Other organisations and interest groups will be keen to have an input into local plans to ensure that their specific interests are taken into account, including National organisations such as English Heritage, English Nature, The Countryside Commission and The Council for the Protection of Rural England, as well as local amenity groups such as Civic Societies and Wildlife Trusts.

1.32 - Parish Councils will have a keen interest to be involved in the future planning of their areas, not only as the elected representatives of their communities, but also because it may influence the services they provide.

1.33 - Housebuilders and other developers will also need to know which areas are likely to receive permission for development so that they can plan their land acquisition and development programmes. Developers also need to know how they will be expected to contribute to the provision of infrastructure and facilities which may be required as a result of new development, including road improvements, play areas and other facilities.

1.34 - Local Plans should ensure consistency in the Council's decisions on planning applications and assist people who submit them. Local Plan policies set out clearly what is required in order for a particular development to receive planning permission, thus helping landowners to properly prepare their planning applications.  These policies or 'standards' are the same for all people and should therefore result in a fair system for all.

1.35 - Finally, the procedure for adopting Local Plans has included opportunities for local people to have an input into planning the future development of their area. Specific periods were included in the adoption programme for consultation, including the opportunity to formally object to the plan at the Public Inquiry, and to any subsequent modifications to the Plan.

What Status do Local Plans Have?

1.36 - The Local Plan, together with the County Structure Plan and any other Local Plans covering Minerals Extraction or Waste Disposal, makes up the 'Development Plan' for an area. Section 54A of the Town and Country Planning Act, 1990, makes clear the importance which is attached to the Development Plan.

1.37 - All Planning Applications, and any subsequent Planning Appeals, must be determined in accordance with the Development Plan unless material considerations indicate otherwise.

1.38 - In effect, this means that there is a presumption in favour of development proposals which conform with the Development Plan. An applicant who proposes a development which is clearly in conflict with the Development Plan would need to produce convincing reasons to demonstrate why the policies of the Local Plan should not prevail.

1.39 - It can be seen therefore that an approved Local Plan will carry significant weight when the Borough Council makes its decisions on the many planning applications it will receive in the future.

The Local Plan Adoption Process

1.40 Below is a summary of the key dates in the adoption process of the Oswestry Borough Local Plan:

Environmental Appraisal

1.41 - As environmental issues have become more important at local, national and global levels, the environmental consequences, whether positive or negative, of planning decisions have become more widely recognised. Accordingly, it is now accepted that development plans have a key role to play in ensuring that development and growth are achieved in a sustainable way.

1.42 - This role is recognised in the general strategy of this Local Plan. This Strategy is to provide sufficient opportunities for development whilst at the same time creating a sustainable pattern of development which promotes community development, safeguards the environment and reduces the overall need to travel.

1.43 - The Town and Country Planning Regulations 1991 require authorities to have regard to environmental considerations in preparing their general policies in structure plans and Unitary Development Plan Part I's.  In turn, local plans should be in conformity with the relevant structure plan as is the case with this local plan.

1.44 - The deposit draft Local Plan and these Proposed Modifications have been subject to an environmental appraisal. Copies of these appraisals are available from the Borough Council but do not form part of the actual Local Plan. A brief summary of the appraisal and environmental considerations is given at the end of each chapter.

Conclusions of the Environmental Appraisal

1.45 - It is important to remember that the evaluation of environmental impacts will often be a subjective matter. This can be illustrated using the example of the allocation of a green field site for residential development, which could be seen to have a negative environmental impact. However, the allocation of this site should be viewed in a wider context including the need to provide sufficient opportunities for development (in accordance with the structure plan) and the Local Plans settlement hierarchy which has the positive environmental impact of reducing the need to travel and ensuring that a range of services are available.

1.46 - It is also necessary to accept that within a rural area dependence on the private car and the need to travel to reach services and facilities will be greater than in more urban areas.  The ability for a land use plan to influence such factors will therefore be affected by the character and nature of its plan area.

1.47 - Having taken account of these factors, the Council consider that the deposit draft Local Plan acknowledged its vital role in seeking to ensure that the development of the Borough is achieved in a sustainable way. It is also considered that the sustainability of the Local Plan has been further improved by the proposed modifications and that this is evident in the most recent environmental appraisal.