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Local Plan Partial ReviewPublication PoliciesConsultation Response FormFebruary 2017

This consultation is open for 6 weeks fromThursday 2 February to 11:59 pm on Thursday 16 March 2017

The Council prefers to receive your consultation responses on-line,however, you may also respond by email or post using the details below.

On-line (preferred)

https://planningconsult.rbkc.gov.ukor via www.rbkc.gov.uk/planningpolicy

[email protected] state ‘Consultation Response – Local Plan Partial Review Publication Policies’ in the subject line

Post

Planning Policy TeamPlanning and Borough DevelopmentRoyal Borough of Kensington and ChelseaKensington Town HallHornton StreetLondon W8 7NX

Consultation responses, will be made public as part of subsequent stages of the Local Plan Partial Review. Please clearly identify any information provided which is

commercially sensitive and/or you would like to be kept confidential.

Following this ‘Publication Policies’ consultation, the next stage of the Local Plan Partial Review involves ‘Submission’ of the documents by the Council to the Planning Inspectorate which acts on behalf of the Secretary of State to undertake

an independent examination of the policies.

There will not normally be a subsequent opportunity to make further representations based on the original representation at this ‘Publication Policies’ stage. After this ‘Publication Policies’ stage, further submissions will only be

at the request of the Inspector, based on the matters he/she identifies for examination.

Where there are groups who share a common view on how they wish to see a plan modified, the Planning Inspectorate advises it would be very helpful for that group to

send a single representation which represents the view, rather than for a large number of individuals to send in separate representations which repeat the same

points. In such cases the group should indicate how many people it is representing and how the representation has been authorised.

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mailto:[email protected]

http://www.rbkc.gov.uk/planningpolicy

https://planningconsult.rbkc.gov.uk/

Contact detailsName Click here to enter text.

Organisation(if applicable)

Click here to enter text.

Representing(e.g. self or client)

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Email Address Click here to enter text.

Postal Address Click here to enter text.

Telephone Number Click here to enter text.

Advice on the ‘tests of soundness’This ‘Publication Policies’ stage of the Local Plan Partial Review is largely concerned with whether the policies satisfy the “tests of soundness”.

To be “sound” the contents of a Local Plan should be positively prepared, justified, effective and consistent with national policy, as set out in paragraph 182 of the National Planning Policy Framework (NPPF):

“Positively prepared” means that the Local Plan needs to:

be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.

“Justified” means that the Local Plan must be:

the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence

“Effective” means that the Local Plan must be:

deliverable over its period and based on effective joint working on cross-boundary strategic priorities

“Consistent with National Policy” means that the Local Plan should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework

It must also be legally compliant which means that the Local Plan has been prepared in accordance with legal and procedural requirements.

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http://planningguidance.communities.gov.uk/blog/policy/

The Planning Inspectorate advises that if you think the content of the plan is not sound because it does not include a policy where it should do, you should go through the following steps before making representations:

Is the issue with which you are concerned already covered specifically by national planning policy (or the London Plan)? If so it does not need to be included?

Is what you are concerned with covered by any other policies in the plan on which you are seeking to make representations or in any other plan?

If the policy is not covered elsewhere, in what way is the plan unsound without the policy?

If the plan is unsound without the policy, what should the policy say?

Advice on legal complianceThe Planning Inspectorate advises you should consider the following before making a representation on legal compliance:

The plan in question should be included in the current Local Development Scheme (LDS) and the key stages should have been followed. The LDS is effectively a programme of work prepared by the Council, setting out the Local Development Documents (LDDs) it proposes to produce. It will set out the key stages in the production of any plans which the LPA proposes to bring forward for independent examination. If the plan is not in the current LDS it should not have been published for representations. The LDS should be on the LPA’s website and available at its main offices.

The process of community involvement for the plan in question should be in general accordance with the Council’s Statement of Community Involvement (SCI) (where one exists). The SCI sets out the Council’s strategy for involving the community in the preparation and revision of LDDs (including plans) and the consideration of planning applications.

The plan should comply with the Town and County Planning (Local Planning) (England) Regulations 2012 (the Regulations). On publication, the LPA must publish the documents prescribed in the Regulations, and make them available at its principal offices and on its website. The LPA must also notify the various persons and organisations set out in the Regulations and any persons who have requested to be notified.

The LPA is required to provide a Sustainability Appraisal Report when it publishes a plan. This should identify the process by which the Sustainability Appraisal has been carried out, and the baseline information used to inform the process and the outcomes of that process. Sustainability Appraisal is a tool for appraising policies to ensure they reflect social, environmental, and economic factors.

In London, the plan should be in general conformity with the London Plan (the Spatial Development Strategy).

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https://www.rbkc.gov.uk/planning-and-building-control/planning-policy/involving-people-planning-ipip

https://www.rbkc.gov.uk/planning-and-building-control/planning-policy/involving-people-planning-ipip

https://www.rbkc.gov.uk/planning-and-building-control/planning-policy/local-development-scheme

https://www.rbkc.gov.uk/planning-and-building-control/planning-policy/local-development-scheme

Advice on the Duty to CooperateThe Planning Inspectorate advises you should consider the following before making a representation on the Duty to Cooperate:

The Duty to Cooperate came into force on 15 November 2011 and any plan submitted for examination on or after this date will be examined for compliance. Councils will be expected to provide evidence of how they have complied with any requirements arising from the Duty.

The Planning and Compulsory Purchase Act 2004 establishes that non-compliance with the Duty to Cooperate cannot be rectified after the submission of the plan. Therefore the Inspector has no power to recommend modifications in this regard. Where the Duty has not been complied with, the Inspector has no choice but to recommend non-adoption of the plan.

The Council advises that the Duty to Cooperate relates only to the following organisations:

Environment Agency Historic England Natural England Mayor of London / Homes and Communities Agency (HCA) Civil Aviation Authority (CAA) West London Clinical Commissioning Group (WL CCG) NHS England Office of Rail Regulation (ORR) Transport for London (TfL) Integrated Transport Authorities Highway Authorities Marine Management Organisation (MMO) London Enterprise Panel (LEP) / London Economic Action Partnership (LEAP) Local Nature Partnership Neighbouring and other Local Planning Authorities (LPAs)

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Chapter 3: Building on Success: Our Vision and Strategic Objectives3.1 Vision

CV1 Vision for the Royal Borough: Building on Success

Question CV1

Do you consider this policy to be…

Sound UnsoundPositively prepared?

Justified?

Effective?

Consistent with national policy?

Yes No

Legally compliant?

In accordance with the Duty to Cooperate?

What are your reasons for this? What changes would you like made to address this? (Please be as precise as possible, with reference to paragraph and policy numbers)

3.2 Strategic Objectives

CO1 Keeping Life Local

Question CO1



Justified?

Effective?

5


Yes No

Legally compliant?



CO2 Fostering Vitality

Question CO2



Justified?

Effective?


Yes No

Legally compliant?



CO3 Better Travel Choices

Question CO3



6

Justified?

Effective?


Yes No

Legally compliant?



CO4 An Engaging Public Realm

Question CO4



Justified?

Effective?


Yes No

Legally compliant?



CO5 Renewing the Legacy

Question CO5

7



Justified?

Effective?


Yes No

Legally compliant?



CO6 Diversity of Housing

Question CO6



Justified?

Effective?


Yes No

Legally compliant?



CO7 Respecting Environmental Limits 8

Question CO7



Justified?

Effective?


Yes No

Legally compliant?



Chapter 4: Delivering Success: Our Spatial Strategy

4.2 Broad Quanta of Development CP1 Core Policy: Quanta of Development

Question CP1



Justified?

Effective?


Yes No

Legally compliant?



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4.5 Place shaping CP2 Places

Question CP2



Justified?

Effective?


Yes No

Legally compliant?



Chapter 5: Kensal

Kensal Place

CV5 Vision for Kensal

Question CV5



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Justified?

Effective?


Yes No

Legally compliant?



CA1 Kensal Canalside Opportunity Area

Question CA1



Justified?

Effective?


Yes No

Legally compliant?



CA2 Barlby-Treverton

Question CA2

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Justified?

Effective?


Yes No

Legally compliant?



Chapter 6: Golborne

Golborne Place

CV6 Vision for Golborne

Question CV6



Justified?

Effective?


Yes No

Legally compliant?


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CA3 Wornington Green

Question CA3



Justified?

Effective?


Yes No

Legally compliant?



CA4 Land adjacent to Trellick Tower

Question CA4



Justified?

Effective?

13


Yes No

Legally compliant?



Chapter 7: Latimer

Latimer Place

CV7 Vision for Latimer

Question CV7



Justified?

Effective?


Yes No

Legally compliant?



CA5 Silchester Estates

Question CA5

14



Justified?

Effective?


Yes No

Legally compliant?



Chapter 8: Earl’s Court

Earl’s Court Place

CV8 Earl’s Court

Question CV8



Justified?

Effective?


Yes No

Legally compliant?



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CA6 Earl’s Court Exhibition Centre

Question CA6



Justified?

Effective?


Yes No

Legally compliant?



CA7 Warwick Road Sites

Question CA7



Justified?

Effective?


Yes No

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Legally compliant?



CA8 Warwick Road Estate

Question CA8



Justified?

Effective?


Yes No

Legally compliant?



Chapter 9: Lots Road and World’s End

Lots Road and World’s End Place

CV9 Vision for Lots Road/World’s End

Question CV9


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Justified?

Effective?


Yes No

Legally compliant?



CA9 Lots Road Power Station

Question CA9



Justified?

Effective?


Yes No

Legally compliant?



CA10 Site at Lots Road

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Question CA10



Justified?

Effective?


Yes No

Legally compliant?



Chapter 10: Portobello/Notting Hill Gate

Portobello/Notting Hill Gate Place

CV10 Vision for Portobello Road/Notting Hill Gate

Question CV10



Justified?

Effective?


Yes No

Legally compliant?


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Chapter 11: Kensington High Street

Kensington High Street Place

CV11 Vision for Kensington High Street

Question CV11



Justified?

Effective?


Yes No

Legally compliant?



Chapter 12: Knightsbridge

Knightsbridge Place

CV12 Vision for Knightsbridge

Question CV12

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Justified?

Effective?


Yes No

Legally compliant?



Chapter 13: South Kensington

South Kensington Place

Vision CV13 Vision for South Kensington

Question CV13



Justified?

Effective?


Yes No

Legally compliant?



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CA11 Harrington Road

Question CA11



Justified?

Effective?


Yes No

Legally compliant?



Chapter 14: Sloane Square/King’s Road

Sloane Square/King’s Road Place

CV14 Vision for Sloane Square/King’s Road

Question CV14



Justified?

Effective?

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Yes No

Legally compliant?



CA12 Chelsea Farmers’ Market

Question CA12



Justified?

Effective?


Yes No

Legally compliant?



Chapter 28: Proposals MapQuestion Proposals Map

Do you consider the proposed changes in the Proposals Map to be…

Sound Unsound

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Positively prepared?

Justified?

Effective?


Yes No

Legally compliant?



Chapter 29: Policies and Actions

29.2 Infrastructure and Planning Contributions (Community Infrastructure Levy and s106)

C1 Infrastructure Delivery and Planning Contributions

Question C1



Justified?

Effective?


Yes No

Legally compliant?



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29.3 Planning Enforcement

C2 Planning Enforcement

Question C2



Justified?

Effective?


Yes No

Legally compliant?



Chapter 31: Fostering Vitality

Location of Town Centre Uses

CF1 Location of New Shop Uses

Question CF1



Justified?

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Effective?


Yes No

Legally compliant?



Character of Town Centres

CF2 Retail Development within Town Centres

Question CF2



Justified?

Effective?


Yes No

Legally compliant?



Delivery within Town Centres

CF3 Diversity of uses within Town Centres

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Question CF3



Justified?

Effective?


Yes No

Legally compliant?



Street Markets

CF4 Street Markets

Question CF4



Justified?

Effective?


Yes No

Legally compliant?



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Business uses

CF5 Business Uses

Question CF5



Justified?

Effective?


Yes No

Legally compliant?



Creative and Cultural Businesses

CF6 Creative and Cultural Businesses

Question CF6



Justified?

Effective?

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Yes No

Legally compliant?



Arts and Culture Uses

CF7 Arts and Cultural Uses

Question CF7



Justified?

Effective?


Yes No

Legally compliant?



Hotels

CF8 Hotels

Question CF8

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Justified?

Effective?


Yes No

Legally compliant?



South Kensington Strategic Cultural Area

CF11 The South Kensington Strategic Cultural Area

Question CF11



Justified?

Effective?


Yes No

Legally compliant?



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Chapter 32: Better Travel Choices

New and enhanced rail infrastructure

CT2 New and enhanced rail infrastructure

Question CT2



Justified?

Effective?


Yes No

Legally compliant?



Chapter 33: An Engaging Public Realm

Streetscape

CR4 Streetscape

Question CR4



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Justified?

Effective?


Yes No

Legally compliant?



Parks, Gardens, Open Spaces and Waterways

CR5 Parks, Gardens, Open Spaces and Waterways

Question CR5



Justified?

Effective?


Yes No

Legally compliant?



Chapter 34: Renewing the Legacy

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Heritage Assets – Listed Buildings, Scheduled Ancient Monuments and Archaeology

CL4 Heritage Assets-Listed Buildings Scheduled Ancient Monuments and Archaeology

Question CL4



Justified?

Effective?


Yes No

Legally compliant?



Chapter 35: Diversity of Housing

Housing Targets

CH1 Increasing Housing Supply

Question CH1



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Justified?

Effective?


Yes No

Legally compliant?



Affordable Housing

CH2 Affordable Housing

Question CH2



Justified?

Effective?


Yes No

Legally compliant?



Housing Size Mix and Standards 34

CH3 Housing Size Mix and Standards

Question CH3



Justified?

Effective?


Yes No

Legally compliant?



Specific Housing Needs

CH4 Specific Housing Needs

Question CH4



Justified?

Effective?


Yes No

Legally compliant?

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Estate Regeneration

CH5 Estate Regeneration

Question CH5



Justified?

Effective?


Yes No

Legally compliant?



Gypsy and Traveller Accommodation

CH6 Gypsy and Traveller Accommodation

Question CH6


Sound Unsound

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Positively prepared?

Justified?

Effective?


Yes No

Legally compliant?



Chapter 36: Respecting Environmental Limits

Climate Change

CE1 Climate Change

Question CE1



Justified?

Effective?


Yes No

Legally compliant?



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Flooding and drainage

CE2 Flooding

Question CE2



Justified?

Effective?


Yes No

Legally compliant?



Waste

CE3 Waste

Question CE3



Justified?

Effective?


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Yes No

Legally compliant?



Air Quality

CE5 Air Quality

Question CE5



Justified?

Effective?


Yes No

Legally compliant?



Integrated Impact Assessment Report

Question: IIA comments

Do you have any comments to make on the Integrated Impact Assessment Report?

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Other Comments

Question: Other Comments

Please provide any other comments you have.

Examination hearing

If your representation is seeking a modification to any of the policies, do you consider it necessary to participate at the oral part of the examination – the examination hearing?

☐ Yes

☐ No

Examination hearing reasons

If you wish to participate at the oral part of the examination, please outline why you consider this to be necessary

Please note the Inspector will determine the most appropriate procedure to adopt to hear those who have indicated that they wish to participate at the oral part of the examination.

Notifications

Please confirm whether you wish to be notified, using the contact details provided, of any of the following:

That the policies have been submitted for independent examination:

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☐ Yes

☐ No

The publication of the recommendations of the Inspector who carries out independent examination of the policies:

☐ Yes

☐ No

The adoption of the policies:

☐ Yes

☐ No

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