Local Development Plan 2030 Draft Plan Strategy Self-Assessment of Soundness - March 2021

Local Development Plan 2030

Draft Plan Strategy Self-Assessment of Soundness

March 2021 www.midandeastantrim.gov.uk/planning

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DPS-401

Contents 1.0 Introduction 2.0 LDP Regulations Requirements 2.1 The Planning Act (Northern Ireland) 2011 2.2 The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 3.0 Tests of Soundness 3.1 Procedural Tests 3.2 Consistency Tests 3.3 Coherence and Effectiveness Tests 4.0 Conclusion

3 3 3 5 16 16 19 21 23

Appendices Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Appendix 10 Appendix 11 Appendix 12 Appendix 13 Appendix 14 Appendix 15 Appendix 16 Appendix 17 Appendix 18 Appendix 19 Appendix 20

Tests of Soundness Summary of requirements relating to LDP’s in Planning Legislation Consultation with Planning Appeals Commission regarding preparation of original timetable Correspondence to and from Department for Infrastructure regarding LDP timetables Examples of local advertisement of LDP Timetables Example letter sent to consultation bodies prior to publication of the POP Record of Pre POP stakeholder evidence gathering meetings ‘Have your say’ section within POP and accompanying postcard detailing when and where to make representations to POP consultation Example letter sent to consultation bodies regarding the POP Example of local advertisement regarding the POP Council website during POP consultation ‘Have your say’ section within the draft Plan Strategy and accompanying leaflet detailing when and where to make representations to the draft Plan Strategy consultation Example letter sent to consultation bodies regarding the draft Plan Strategy Examples of advance and formal local advertisement and notice in the Belfast Gazette regarding the draft Plan Strategy Council website during the draft Plan Strategy consultation Availability of draft Plan Strategy representations on Council website Example of local advertisement and notice in the Belfast Gazette regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations Example letter sent to consultation bodies regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations Example letter sent to those people who made a representation to draft Plan Strategy regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations Publication of draft Plan Strategy counter representations on Council website

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1.0 Introduction The purpose of an Independent Examination (IE) in respect of a Development Plan Document (DPD) is to determine whether it satisfies certain legislative requirements and whether it is sound. This document demonstrates how Council considers it has satisfied both of these requirements. Whilst it is not a legislative requirement to produce such a document, Development Plan Practice Note 6 highlights it is good practice to do so and will assist the IE. Where reference is made in this document to advertisements having been placed in local papers, this includes the Ballymena Guardian, Ballymena Times, Larne Times, Carrick Times and Newtownabbey Times.

2.0 LDP Regulations Requirements In terms of the legislative requirements, Part 2 of The Planning Act (Northern Ireland) 2011 sets out the general requirements for local development plans and The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 set out the sequence and detailed requirements of each stage of the LDP preparation.

2.1 The Planning Act (Northern Ireland) 2011, Part 2 Local Development Plans Section

Requirement

Comments

7(1)

A Council must prepare, and keep under review a timetable for the preparation and adoption of the Council’s Local Development Plan.

Council first published a LDP timetable in August 2016. The timetable was subsequently revised and updated in 2017, 2019 and again in 2020.

7(2)

The Council and the Department must attempt to agree the terms of the timetable.

Council consulted the Department for Infrastructure (DfI) with the original timetable and all subsequent revisions. Correspondence was received from DfI agreeing to the original timetable and all subsequent revisions.

Preparation of timetable

Plan Strategy 8(1)

A council must prepare a plan for its district (to be known as a plan strategy).

Council published its draft Plan Strategy in September 2019.

8(2)

A plan strategy must set out— (a) the council's objectives in relation to the development and use of land in its district; (b) its strategic policies for the implementation of those objectives; and (c) such other matters as may be prescribed.

A plan strategy must be prepared in accordance with— (a) the timetable set out in section 7(1); (b) the council's statement of community involvement.

The draft Plan Strategy complies with these requirements within Section 4.0 containing the Vision and Strategic Objectives and Sections 5.0 to 11.0 containing Strategic Policies to help implement those Objectives.

8(4)

The draft Plan Strategy was prepared in accordance with the LDP timetable, which is outlined below under Tests of Soundness, 3.1 Procedural Tests, P1 (page 16). The draft Plan Strategy was also prepared in accordance with the Council’s Statement of Community Involvement; see Statement of Community Involvement Compliance report, see DPS-405.

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8(5)

8(6)

In preparing a plan strategy, the council must take account of— (a) the regional development strategy; (aa) the council's current community plan; (b) any policy or advice contained in guidance issued by the Department; and (c) such other matters as the Department may prescribe or, in a particular case, direct, and may have regard to such other information and considerations as appear to the council to be relevant.

The council must also— (a) carry out an appraisal of the sustainability of the plan strategy; and (b) prepare a report of the findings of the appraisal.

The Council took account of all of these documents in preparing the draft Plan Strategy, which is outlined below under Tests of Soundness, 3.2 Consistency Tests, C1 – C4 (pages 19-20).

A Sustainability Appraisal, incorporating Strategic Environmental Assessment were carried out in conjunction with the draft Plan Strategy and reports on the findings of this were prepared and made publicly available, see DPS-106 and DPS-107.

Independent Examination 10(1)

The council must submit every development plan document to the Department for independent examination.

The draft Plan Strategy was submitted to DfI in March 2021.

10(2)

The council must not submit such a document unless: (a) it has complied with any relevant requirements contained in regulations under this Part, and (b) it thinks the document is ready for independent examination.

Council considers it has complied with the relevant regulations and that the LDP documents are ready for independent examination.

10(3)

The council must also send to the Department (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed.

Copies of all documents associated with the draft Plan Strategy were submitted to DfI In March 2021.

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2.2 The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 PART 2: Timetable Regulation

Requirement

Comments

Evidence

The council must, in the preparation of the timetable, consult the planning appeals commission and such of the consultation bodies as the council considers appropriate.

The Planning Appeals Commission (PAC) were consulted with the original timetable on 14 April 2016.

Appendix 3

The timetable must include indicative dates for each stage of the preparation of the local development plan including indicative dates for:  publication of the preferred options paper;  publication of the plan strategy and publication of the local policies plan;  adoption of the plan strategy and adoption of the local policies plan; and  the carrying out of the appraisal under sections 8(6)(a) and 9(7)(a) and the preparation of the report on the findings of the appraisal under sections 8(6)(b) and 9(7)(b).

The LDP Timetable sets out the key stages and indicative timescales in the process to produce the LDP. Its purpose it to help ensure that the plan process is managed efficiently and that key stakeholders including the consultation bodies and the PAC, are kept informed and can manage their own resources.

Timetable Preparation 5

6 (2) (a&b)

7 (1) (a)

The timetable must be approved by resolution of the council prior to submission to the Department for its agreement.

The for:    

original timetable and three subsequent revisions include indicative dates

 

Original - The initial timetable was approved by full Council on 3 May 2016.

1st Revision - This revised timetable was approved by full Council on 2 May 2017.

2nd Revision - This revised timetable was approved by full Council on 4 March 2019.

3rd Revision - This revised timetable was approved by full Council on 2 November 2020.

 

7 (1) (b)

The timetable must be submitted to the Department.

   

See DPS-406 - DPS-409

Publication of the Preferred Options Paper; Publication of the draft Plan Strategy and draft Local Policies Plan; Adoption of the Plan Strategy and Local Policies Plan; and Carrying out the Sustainability Appraisal and publication of reports.

Original - The initial timetable was submitted to DfI on 4 May 2016.

1st Revision - This timetable was submitted to DfI on 17 May 2017.

2nd Revision - This timetable was submitted to DfI on 7 March 2019.

3rd Revision - This timetable was submitted to DfI on 6 November 2020.

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N/A

Appendix 4

7 (4)

8 (1) (a)

Until such time as the Department agrees the timetable, the council must not, in the preparation of a local development plan, advertise its preferred options paper.

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Where a timetable is agreed, the council make a copy available for inspection at its principal office and any other places within the district considered appropriate

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

 



8 (1) (b)

The council must give notice by local advertisement that the timetable is available for inspection and the place and times at which it can be inspected.

   

Original - The initial timetable was agreed by DfI on 26 May 2016, prior to the statutory advertisement of the week commencing 5 June 2017.

1st Revision - This revised timetable was agreed by DfI on 2 June 2017, prior to the statutory advertisement of the Preferred Options Paper week commencing 5 June 2017.

Original - The initial timetable was available for inspection at Mid and East Antrim Planning Department, County Hall, 182 Galgorm Road, Ballymena, BT42 1QF. 1st Revision - This revised timetable was available for inspection at Mid and East Antrim Planning Department, County Hall, 182 Galgorm Road, Ballymena, BT42 1QF. 2nd Revision - This revised timetable was available for inspection at Mid and East Antrim Planning Department, County Hall, 182 Galgorm Road, Ballymena, BT42 1QF. Further to the relocation of the Council’s principal planning office, copies were also made available at Silverwood Business Park, 190 Raceview Rd, Ballymena, BT42 4HZ. 3rd Revision - The revised timetable is available for inspection by appointment at Mid and East Antrim Planning Department, Silverwood Business Park, 190 Raceview Rd, Ballymena, BT42 4HZ. Original – This initial timetable was advertised in local papers from week commencing 8 August 2016.

1st Revision - This revised timetable was advertised in local papers from week commencing 26 June 2017.

2nd Revision - This revised timetable was advertised in local papers from week commencing 8 April 2019.

3rd Revision - The revised timetable was advertised in local papers from week commencing 14 December 2020.

Appendix 4 and 10

N/A

Appendix 5

8 (1) (c)

The council must publish the timetable on its website.

The original timetable and all subsequent revisions were published on the Mid and East Antrim Borough Council website.

https://www.mid andeastantrim.g ov.uk/business/ planning/localdevelopmentplan/localdevelopmentplan-ldptimetable/

7&8

All revisions of the timetable must be in accordance with the requirements of Regulations 7 & 8.

As indicated above all revisions to the timetable were made in accordance with regulations 7 and 8.

As outlined above

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PART 3: Preferred Options Paper Regulation

Requirement

Comments

Evidence

Preparation of the Preferred Option Paper 9 (1)

9 (2)

The Council, for the purpose of generating alternative strategies and options, must engage with the consultation bodies prior to publication of the Preferred Options Paper.

Council contacted the consultation bodies in the summer of 2016 advising them that work had formally commenced on the LDP and inviting them to: review the LDP Position Papers relevant to their area of responsibility, advise of any strategic issues or concerns, advise on the appropriateness of the existing suite of PPS’s and to identify if any other stakeholders should be consulted. Council subsequently engaged throughout 2016 with consultation bodies as well as other relevant consultees and stakeholders through a series of meetings based on broad topics prior to publishing the Preferred Options Paper. These meetings explored alternative strategies and options and helped informed the Preferred Options Paper key issues and preferred options.

In preparing the preferred options paper the council must take into account any representation received from the consultation bodies.

The council has taken account of all comments received from the consultation bodies arising during the pre-Preferred Options Paper engagement.

Appendix 6 and 7

N/A

Availability of the Preferred Option Paper 10 (a) & (b)

10 (c)

The Council must make the following documents available for inspection at the Council’s principal offices and other such places within the Council district as the Council considers appropriate:  A copy of the Preferred Options Paper;  A copy of any relevant supporting documents;  A document which indicates dates within which representations on the Preferred Options Paper may be made; and  Notice of the address to which representations are to be sent.

A copy of the Preferred Options Paper and supporting documents were made available for inspection at the Mid and East Antrim Planning Department plus three other Council offices (Ballymena town, Larne town and Carrickfergus town) during normal office hours.

The council must send the consultation bodies the Preferred Options Paper; supporting documents, details of when representations can be made and the address for submitting representations.

The council notified the consultation bodies on 14 June 2017 regarding the availability of the Preferred Options Paper and supporting documents; details of where they could be inspected; the date when representations should be made by and the postal address for representations to be sent.

The ‘Have Your Say’ section within the Preferred Options Paper stated the dates within representations should be made and the postal address for representations to be sent. In addition, ‘Have your say’ postcards were made available at the above locations and at Community Centres throughout the Borough which stated the dates within representations should be made and how to respond, including the postal address for representations to be sent.

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Appendix 8

Appendix 9

10 (d)

10 (e)

The Council must give notice by local advertisement of the following:  The title of the Local Development Plan;  A statement that the Preferred Options Paper is available for inspection and the places and times at which it can be inspected;  A brief description of the content and purpose of the Preferred Options Paper; and  Details of how further information on the Preferred Options Paper may be obtained.

The Preferred Options Paper was advertised in local papers from week commencing 5 June 2017 and these public notices included:  The title of the LDP – “Local Development Plan 2030 – Preferred Options Paper”;  Details as to availability of the document within Council offices including their locations and opening times;  Broad details in regard to the scope and purpose of the Preferred Options Paper; and  Details of public and drop in events and the availability of planning staff during normal office hours as part of the public consultation.

The Council must publish the following on its website:  The Preferred Options Paper;  Supporting documents considered relevant to the Preferred Options Paper; and  A document indicating dates within which representations on the Preferred Options Paper may be made and the notice of the address to which representations are to be sent.

Council published on its website:  The Preferred Options Paper;  Supporting documents;  The dates within representations on the Preferred Options Paper may be made; and  Details of how to make a representation, including the postal address for submitting representations.

In addition to a notice on the website giving details of the consultation period along with how and where to send representations, these details were also included within the ‘Have your say’ section within both the Preferred Options Paper and the Preferred Options Paper summary, which were published on the Council website.

Appendix 10

Appendix 11

Public Consultation on the Preferred Option Paper 11 (3)

11 (4)

The public consultation period for the Preferred Options Paper must be between 8 and 12 weeks, starting on the day the Council complies with regulation 10(a).

The public consultation period for the Preferred Options Paper was from Wednesday 14 June 2017 until 5pm on Wednesday 6 September 2017 (12 weeks).

The Council must take account of any representations to the Preferred Options Paper before preparing a Development Plan Document.

Council fully considered all representations received to the Preferred Options Paper public consultation. Council has prepared a Preferred Options Paper Public Consultation Report, which provides an overview of the main findings of the Preferred Options Paper public consultation and provides a summary of the key issues raised in the responses and the Council’s initial consideration of these. This report was published prior to preparing the draft Plan Strategy.

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Appendix 10

See DPS-506

PART 4: Form and Content of development plan document Regulation

Requirement

Comments

Evidence

The development Plan document must contain a title which indicates the name of the district Council for which the development plan is prepared and indicates whether it is a plan strategy or local policies plan.

The title of the development plan document is as follows: ‘Mid and East Antrim Borough Council – Local Development Plan 2030 – Draft Plan Strategy’.

DPS-101

The development plan document must contain a subtitle which indicates the date of the adoption of the development plan document.

The plan has not yet been adopted and therefore no adoption date has been finalised.

The development plan document must contain a reasoned justification of the policies contained within it.

Each of the Strategic Spatial Proposals and the Strategic Subject Policies are accompanied with a reasoned justification and amplification text within the document.

The development plan document must contain those parts which comprise polices of the LDP and those parts which comprise the reasoned justification which must be readily distinguishable.

Every policy is comprised within a separate coloured box as per the corresponding theme.

The justification and amplification is noticeably distinguishable from this and is located directly below each policy box with a clear heading.

Form and Content of a development plan document 12 (1) (a)

12 (1) (b)

12 (2)

12 (3)

N/A

DPS-101

DPS-101

Proposals Map 13 (1)

13 (2)

A development plan document must contain a map or maps (proposals map) describing the policies and proposals set out in the development plan document so far as practicable to illustrate such policies and proposals spatially.

There are three maps which accompany the draft Plan Strategy which illustrate the policies at a level deemed to be acceptable for a strategic document. As the LDP will be produced in two stages, more detailed maps describing the policies will be provided at Local Policies Plan stage.

DPS-102 – DPS-104

The proposals map is to be sufficiently detailed so as to enable the location of proposals for the development and use of land to be identified.

Each map is sufficiently detailed with a title and key illustrating the location and extent of strategic designations, appropriate to this strategic stage of the LDP process.

DPS-102 – DPS-104

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Additional matters to be taken into account 14 (1) (a)

14 (1) (b) (i)

The council must take into account when preparing the LDP the objectives of preventing major accidents and limiting the consequence of such accidents.

The objectives of preventing major accidents and limiting the consequences of such accidents is included in Policy GP1 ‘The General Policy for all Development’. This policy will ensure that new development is not located in unacceptable locations in the vicinity of COMAH sites, under the criteria relating to safety and the safeguarding of human health/well-being. Council will continue to consult the relevant authorities in regards development in the vicinity of COMAH sites.

The council must take into account when preparing the LDP the long-term objective to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas of particular natural sensitivity or interest.

The objective of maintaining appropriate distances between establishments covered by the Directive (i.e. Council Directive 96/82/EC on COMAH involving dangerous substances) is incorporated into Policy GP1 ‘The General Policy for all Development’, under the criteria relating to safety and the safeguarding of human health/well-being.

DPS-101, pages 112 119

DPS-101, pages 112 119

Council will continue to consult the relevant authorities in regards development in the vicinity of COMAH sites.

Maintaining appropriate distances will also be an importance consideration at Local Policies Plan stage when zoning land for particular uses.

14 (1) (b) (ii)

The council must take into account when preparing the LDP, in the case of existing establishments, for additional measures in accordance with Article 5 of the Directive so as not to increase the risks to people.

The objective of not increasing risks to people arising from existing establishments in accordance with the Directive (i.e. Council Directive 96/82/EC on COMAH involving dangerous substances) is incorporated into Policy GP1 ‘The General Policy for all Development’, under the criteria relating to safety and the safeguarding of human health/wellbeing.

Council will continue to consult the relevant authorities in regards development in the vicinity of COMAH sites. Not increasing risks to people arising from existing establishments will also be an important consideration at Local Policies Plan stage when zoning land for particular uses.

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DPS-101, pages 112 119

PART 5: Development Plan document procedure Regulation

Requirement

Comments

Evidence

Availability of a development plan document 15 (a) & (b)

The Council must make the following documents available for inspection at the Council’s principal offices and other such places within the Council district as the Council considers appropriate:  A copy of the development plan document;  A copy of the sustainability appraisal report;  A copy of any relevant supporting documents;  A document which indicates dates within which representations on the development plan document may be made; and  Notice of the address to which representations are to be sent.

Copies of the following were made available for inspection at the Mid and East Antrim Planning Department plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours:  Draft Plan Strategy and accompanying district proposal maps;  Draft Equality (Section 75) Screening Report;  Sustainability Appraisal Report;  Sustainability Appraisal Non-Technical Summary;  Sustainability Appraisal Scoping Report;  Draft Habitats Regulations Assessment Report; and  Rural Needs Impact Assessment of the Draft Plan Strategy

Appendix 12

The ‘Have Your Say’ section within the draft Plan Strategy stated the dates within representations should be made and the postal address for representations to be sent. In addition, the ‘Have your say’ leaflet which stated the dates within representations should be made and how to respond, including the postal address for representations to be sent were made available at the above locations and libraries and leisure centres throughout the Borough.

15 (c)

15 (d)

The council must send the consultation bodies the draft Plan Strategy, Sustainability Appraisal report, any relevant supporting documents, details of when representations can be made and the address for submitting representations.

The council notified the consultation bodies on 3 October 2019, giving details of the consultation period, the availability of all documents and how/when to make a submission.

Notice must have been given in the Belfast Gazette and by local advertisement which includes the title of the development plan document and a statement that the development plan document is available for inspection and the places and times at which it can be inspected.

Belfast Gazette Advance public notice of the draft Plan Strategy was published in the Belfast Gazette week commencing 2 September 2019. Further public notice of the draft Plan Strategy was published in the Belfast Gazette week commencing 7 October 2019 to coincide with the commencement of the formal consultation period. These notices stated:  The title of the document – ‘Mid and East Antrim Local Development Plan 2030 – publication of draft Plan Strategy’; and

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Appendix 13

Appendix 14



Where and when the draft Plan Strategy could be inspected.

Local Advertisement Advance public notice of the draft Plan Strategy was advertised in local papers week commencing 9 September 2019. Further public notice of the draft Plan Strategy was advertised in local papers from week commencing 7 October 2019 to coincide with the commencement of the formal consultation period.

These notices stated:  The title of the document – ‘Mid and East Antrim Local Development Plan 2030 – publication of draft Plan Strategy’; and  Where and when the draft Plan Strategy could be inspected.

15 (e)

The development plan document, any supporting documentation and the notice stating when a representation can be made must be published on the council website.

The following documents were published on the Mid and East Antrim Borough Council website:  Draft Plan Strategy and accompanying district proposal maps;  Draft Equality (Section 75) Screening Report;  Sustainability Appraisal Report;  Sustainability Appraisal Non-Technical Summary;  Sustainability Appraisal Scoping Report;  Draft Habitats Regulations Assessment Report;  Rural Needs Impact Assessment of the Draft Plan Strategy;  13 Technical Supplements; and  ‘Have your say’ leaflet.

Appendix 15

In addition to a notice on the website giving details of the consultation period along with how and where to send representations, these details were also included within the ‘Have your say’ leaflet and ‘Have your say’ section within the draft Plan Strategy.

Public Consultation on a development plan document 16 (2) (a) and (b)

Representations must be made within a period of eight weeks starting on the day the council gives notice in the Belfast Gazette and by local advertisement, and must be sent to the address specified.

The period of public consultation for the draft Plan Strategy was for 8 weeks from 16 October 2019 to 5pm on 11 December 2019.

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N/A

Availability of representations on a development plan document 17 (1) (a) and (b)

17 (c)

17 (d)

The council must (as soon as reasonable practicable after the statutory eight week consultation period) have made the following available for inspection, at the Council’s principal offices and other such places within the Council district as the Council considers appropriate, after the statutory eight weeks consultation period:  A copy of the representations;  A Document with the dates within which counter representations may be made; and  Notice of the address to which counter representations can be sent.

The statutory consultation period ended on the 11 December 2019.

The Council must publish the representations in its website.

All representations were made available on the Council’s website from the 31 January 2020, along with details of when and where to submit representations.

The Council must have given notice in the Belfast Gazette and by local advertisement of the fact that representations are available for inspection and the places and times at which they can be inspected.

Copies of all representations were made available for inspection from 31 January 2020 at the Mid and East Antrim Planning Department plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours:

N/A

A notice advising that counter representations could be made between 31 January 2020 to the 27 March 2020 along with details of the address to which they should be sent accompanied those available in the Council offices.

Appendix 16

Belfast Gazette Public notice that the draft Plan Strategy representations were available for inspection, along with the places and times at which they could be inspected was published in the Belfast Gazette week commencing 20 January 2020.

Appendix 17 Local Advertisement Public notice that the draft Plan Strategy representations were available for inspection, along with the places and times at which they could be inspected was published in local papers from week commencing 20 January 2020.

17 (e)

17 (f)

The Council must have notified consultation bodies of the fact that representations are available for inspections and the places and times at which they can be inspected.

Consultation bodies were contacted on 30 January 2020 to advise that representations were available for inspection from the 31 January 2020 to the 27 March 2020 at the Mid and East Antrim Planning Department, plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours, and on the Councils website.

The council must have notified any person who has made (and not withdrawn) a representation in accordance with regulation 16(2).

All those who made a representation to the draft Plan Strategy were contacted on 30 January 2020 to advise that representations to the draft Plan Strategy were available for inspection from the 31 January 2020 to the 27 March 2020, at the Mid and East Antrim Planning Department, plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours, and on the Councils website.

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Appendix 18

Appendix 19

Public consultation on site specific policy representations 18 (2)

The counter representations must have been made within the dates of the eight week consultation period and sent to the address specified in the public notice.

All counter representations were received during the eight week consultation period, and were sent to the address specified within the public notice.

N/A

The council (as soon as reasonable practicable after the statutory eight week consultation period) must have made a copy of the counter representations available for inspection at its principal offices and other such places within the district of the Council as the Council considers appropriate.

Copies of all counter representations were made available for inspection from 10 December 2020 at the Council’s Planning Office, Silverwood Business Park, 190 Raceview Rd, Ballymena, BT42 4HZ.

N/A

The Council must have published counter representations on its website.

Copies of all counter representations were made available for inspection on the Council website from 10 December 2020.

Appendix 20

Availability of representations on site specific policy representations 19 (a) (i) & (ii)

19 (b)

Submission of documents for Independent Examination 20 (1)

20 (2) (a-i)

The Council must have considered representations made under Regulation 16 and, as the case may be, Regulation 18.

The council must submit the following prescribed documents to the department:  The sustainability appraisal report under section 8(6) (b) or, as the case may be, section 9 (7) (b);  The statement of community involvement;  Evidence that the council has complied with the statement of community involvement;  Copies of the notices (Preferred Options Paper, draft Plan Strategy & reps stages);

The Council has fully considered all representations and counter representations received in accordance with Regulations 16 and 18 to the draft Plan Strategy. The Council has prepared a draft Plan Strategy Public Consultation Report (See DPS-142), which provides an overview of the main issues of the public consultation exercise on the Council’s draft Plan Strategy. The report provides a summary of the main issues raised in the responses and the Council’s consideration of these. Following consideration of the draft Plan Strategy representations, Council has also prepared a draft Plan Strategy Schedule of Proposed Modifications (See DPS-143) which was subject to 8 weeks of public consultation.

See DPS-142 and DPS-143

Council sent a copy of all these documents to DfI in March 2021.

N/A

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

 

20 (3)

The timetable; A statement setting out: A summary of the main issues raised in representations in accordance with regulation 11(2); How those main issues have been taken into account in the preparation of the development plan document; A statement setting out: If representations were made in accordance with regulation 16(2), the number of representation made and a summary of the main issues raised on those representations, or That no such representation were made; Copies of any representations made in accordance with regulation 16(2) or 18(2); and Any additional documents the council consider relevant to the preparation of the development plan document

The Council must send a copy of the Plan Strategy to the Department

Council sent a copy of the draft Plan Strategy to DfI in March 2021

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N/A

3.0 Tests of Soundness A key feature of the local development plan system is soundness, which requires the development plan to be tested in terms of content, conformity and the process by which it was produced.

Whilst the term ‘sound’ is not defined in the 2011 Act, it may be considered in this context within its ordinary meaning of showing good judgement and able to be trusted within the context of fulfilling the expectations of legislation.

Although the tests of soundness are based upon three categories – procedural, consistency, coherence and effectiveness, there is a degree of overlap in terms of the criteria used for each test.

In addition to the table below, Technical Supplements 2 – 13 each contain a table of the consideration of soundness.

3.1 Procedural Tests Test P1: Has the plan been prepared in accordance with the Council’s timetable and the Statement of Community Involvement?

Comments Timetable: As outlined above under the LDP Regulations, Council published its original timetable in 2016 and it has been subsequently revised three times (2017, 2019 and 2020). To date, the key stages of the LDP have been prepared in accordance with these timetables, as demonstrated below: Key Stage Indicative Date Actual Date Publication of Preferred Options Paper June 2017 June 2017 (as per 2017 timetable revision) Publication of draft Plan Strategy 3rd Quarter 2019 September 2019 (as per 2019 timetable revision) Publication of consultation report and 1st Quarter 2021 March 2021 submission of draft Plan Strategy to DfI (as per 2020 timetable revision) for Independent Examination Statement of Community Involvement (SCI): The SCI sets out how Council intends to engage with the community in the delivery of planning functions, and describes who, how and when the community will be involved in the different stages of the preparation of the LDP (as well other planning functions). The Council published its Statement of Community Involvement in August 2016, having been approved by DfI on 14 June 2016. The SCI was subsequently revised in 2019 and again in 2020. The LDP has been prepared in accordance with the SCI(s) as demonstrated in the Statement of Community Involvement Compliance report.

P2: Has the Council prepared its Preferred Options Paper and taken into account any representations made?

Evidence

Council prepared and published its Preferred Options Paper in June 2017. Council has fully considered all representations made to the Preferred Options Paper. Council has prepared a Preferred Options Paper Public Consultation Report, which provides an overview of the main findings of the public consultation exercise on the Council’s LDP Preferred Options Paper. The report provides a summary of the key issues raised in the responses and the Council’s initial consideration of these.

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See DPS-405

See DPS-506

P3: Has the plan been subject to sustainability appraisal including Strategic Environmental Assessment?

Sustainability Appraisal (SA) can be distinguished from Strategic Environmental Assessment (SEA) by virtue of its wider scope as it covers the social and economic effects of plans, as well as the more environmental implications. Whilst the requirement to carry out both assessments are distinct, it is possible to carry out both assessments through a combined appraisal process i.e. SA incorporating SEA and this combined approach was taken for the SA/SEA for both the Preferred Options Paper and draft Plan Strategy.

Preferred Options Paper: Sustainability appraisal interim and scoping reports that incorporated strategic environmental assessment were published alongside the Preferred Options Paper.

.

See DPS-503 and DPS-504

 Interim Report This report documented the appraisal of options and alternatives against a sustainability framework consisting of fourteen objectives, which helped to determine the preferred options. This process identified where there are significant effects of a preferred option, and where these are negative effects, identifies how these could be addressed.  Scoping Report The scoping report presents information about the topics assessed under the Sustainability Appraisal that incorporates Strategic Environmental Assessment. It outlines the assessment methodology and approach for future Sustainability Appraisal reports. draft Plan Strategy: SA and scoping reports were published alongside the draft Plan Strategy.  SA Report The Draft Plan Strategy SA Report contains the findings of the assessment on the ‘likely significant effects on the environment’ of the implementation of the draft Plan Strategy. The SA Report built upon and updated the Council’s SA Interim Report, which was prepared alongside the Preferred Options Paper. The SA is underpinned by the SA Scoping Report, which presents the evidence base to inform the appraisals of each policy. The SA Scoping Report also establishes the SA Framework for undertaking the appraisal.  Scoping Report The scoping report published alongside the draft Plan Strategy updates and builds on the scoping report for the Preferred Options Paper, to reflect current evidence and to take account of the representations received in the Preferred Options Paper consultation.

17

See DPS-106 and DPS-107

P4: Did the Council comply with the regulations on the form and content of its plan and on the procedure for preparing the plan?

Form and Content of the DPD: Section 8(2) of The Planning Act (Northern Ireland) 2011 sets out general requirements for the content of the Plan Strategy, and Part 4 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 sets out the detailed requirements regarding the form and content of the DPD. Council considers the draft Plan Strategy complies with the requirements for the form and contents as set out in these regulations as outlined above on pages 3 and 9 - 10.

N/A Procedure for Preparing the DPD: Part 5 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 sets out the detailed requirements regarding the procedure for the preparation of the DPD. Regulations 15 to 23 set out detailed requirements in relation to the availability of the DPD, public consultation, representations, site specific policy representations, independent examination and procedures for withdrawal. Council considers the draft Plan Strategy complies with the requirements for the procedures for the preparation of the DPD, as outlined above on pages 11 - 15.

18

3.2 Consistency Tests Test

Comments

C1: Did the Council take account of the Regional Development Strategy?

The RDS is the government’s overarching spatial strategy for Northern Ireland up to 2035. The RDS seeks to influence the future distribution of development throughout the Region with a view to achieving sustainable development and social cohesion.

C2: Did the Council take account of its Community Plan?

Preferred Options Paper The Preferred Options Paper highlights that the LDP vision and strategic objectives have been shaped by a number of factors, particularly the aspirations of Council’s Community Plan. In addition, the Spatial Growth Strategy in the Preferred Options Paper aligns with the thrust of the Council’s Community Plan.

The RDS Spatial Framework and Spatial Framework Guidance has been one of the main building blocks in developing the LDP Spatial Growth Strategy. The LDP Spatial Growth Strategy will help to achieve the RDS objectives of promoting growth and economic development opportunities in the ‘main hubs’ of Ballymena and Larne and support the role of Carrickfergus within the Belfast Metropolitan Urban Area, whilst sustaining rural communities living in smaller settlements and the open countryside.

The RDS has also informed the strategic spatial proposals and the strategic subject policies. The Technical Supplements highlight how the RDS has been taken account of in the formulation of the proposals and policies.

draft Plan Strategy The strategic priorities of the Council’s Community Plan were taken into consideration in the preparation of the draft Plan Strategy. The Technical Supplements which accompanied the publication of the draft Plan Strategy highlight how the proposals and policies align with the Council’s Community Plan.

C3: Did the Council take account of policy and guidance issued by the Department?

The draft Plan Strategy proposals and policies are in accordance with the SPPS. In addition, the draft Plan Strategy has taken full account of extant planning policies contained in the suite of PPSs and the policy approach is consistent with these. The LDP has also been prepared in accordance with the guidance issued and published by the DfI (and DoE), including the Development Plan Practice Notes.

19

Evidence

See ‘Regional Policy Context’ section of DPS-117 – DPS-141

See ‘Local Policy Context’ section within DPS-117 – DPS-141

See ‘Policy Context’ and ‘Evolution of draft Plan Strategy Policy’ sections within DPS117 – DPS-141

C4: Has the plan had regard to other relevant plans, policies and strategies relating to the Council’s district or to any adjoining Council districts?

Extant Area Plans An important consideration in the preparation of the draft Plan Strategy was the existing strategies and policies of extant Area Plans within the Borough, and regard was given to:  Ballymena Area Plan 1986-2001;  Larne Area Plan 2010; and  Carrickfergus Area Plan 2001.

Whilst the Carrickfergus Area Plan remains the extant statutory plan for this area, the draft Belfast Metropolitan Area Plan (2004) as the most recent expression of local planning policy was also taken into account in developing the draft Plan Strategy.

Council Strategies  Amplify – The Integrated Economic Development Strategy for Mid and East Antrim 2018 -2030 (May 2018)  Mid and East Antrim Car Parking Strategy (November 2018)  Draft Outdoor Recreation Strategy and 10 Year Action Plan for Mid and East Antrim Borough Council (April 2019)  Draft Mid and East Antrim Borough Council Out to Play Strategy (July 2018)  Mid and East Antrim Borough Council Draft Cycling Routes Masterplan (February 2018)  Arc21 Waste Management Plan (September 2015)  Mid and East Antrim Local Biodiversity Plan Adjoining Councils In developing the LDP, account has been taken of the local policy context as it relates to the emerging LDP’s of the three neighbouring Councils:  Mid Ulster District Council published its draft Plan Strategy in February 2019.  Antrim and Newtownabbey Borough Council published its draft Plan Strategy in June 2019.  Causeway Coast and Glens Borough Council published its Preferred Options Paper in June 2018.

20

See ‘Local Policy context’ and ‘Cross boundary context’ sections within DPS-117 – DPS-141

3.3 Coherence and Effectiveness Tests Test

Comments

CE1: The plan sets out a coherent strategy from which its policies and allocations logically flow and where cross boundary issues are relevant is it in conflict with the plans of neighbouring Councils.

The draft Plan Strategy is clearly set out and comprises two parts, Part 1 sets out the Strategic Spatial Policies and association policies and Part 2, which sets out the General Policy and the Strategic Subject Policies. Page 21 of the draft Plan Strategy outlines the structure of the document, and illustrates how it flows from the vision, to the strategic objectives, to the Spatial Growth Strategy, to the Strategic Spatial Proposals, through to the General Policy and the Strategic Subject Policies.

The vision was based upon that of the Council’s Community Plan, in that it aspires to improve the quality of life for everyone, and the strategic objectives were designed to assist in the delivery of the visions of both the LDP and Community Plan. The LDP Spatial Growth Strategy will help support the realisation of the strategic objectives by broadly setting out where growth should be directed in terms of housing, employment and commercial development over the plan period. In turn, the Spatial Growth Strategy will be primarily delivered through the Strategic Spatial Proposals and Strategic Subject Policies.

The LDP Spatial Growth Strategy is a balanced approach which takes account of the evidence base and will help achieve the RDS objectives of promoting growth and economic development opportunities in the ‘main hubs’ of Ballymena and Larne and support the role of Carrickfergus within the Belfast Metropolitan Urban Area, whilst sustaining rural communities living in smaller settlements and the open countryside allowing them to maximise their potential.

Evidence

See DPS-117 – DPS-141

The LDP Spatial Growth Strategy has informed both the allocation for housing through SGS3 Strategic Housing Allocation Strategy and the allocation for economic development through SGS6 Strategic Allocation of Land for Economic Development, both of which have the principal focus for development within Ballymena, Larne and Carrickfergus.

The Technical Supplements illustrate a clear logical flow of consideration of each stage of the LDP process, and how this has informed the formulation of the policies within the draft Plan Strategy.

As part of the consideration of potential cross boundary issues Council has taken account of the plans from the three neighbouring Councils, which are at varying stages of the LDP process. Council has considered cross boundary issues throughout the LDP process and this is documented within the ‘Cross Boundary Policy Context’ within the Technical Supplements, which included meetings with officials from adjoining Councils prior to the publication of the draft Plan Strategy to discuss our strategic proposals and policies to enable them to consider any implications for the emerging draft Plan Strategy. Council does not consider the draft Plan Strategy to be in conflict with the plans of neighbouring Councils. In their responses to the draft Plan Strategy consultation the neighbouring Councils did not raise any conflicts with their own plans.

CE2: The strategy, policies and allocations are realistic and appropriate having considered the relevant alternatives

Prior to publication of the Preferred Options Paper, Council gathered an evidence base that included information and data on the social, economic and environmental characteristics of the Borough and engagement with a range of statutory consultees, council officials and Elected Members. Generally, the strategic planning issues identified in the Preferred Options Paper either emerged from the evidence base or engagement. The evidence base was published alongside the Preferred Options Paper in a series of position papers.

21

See DPS-508 – DPS-529

and are founded on a robust evidence base.

The process of gathering and updating evidence and engagement continued during preparation of the draft Plan Strategy, and a series of topic based Technical Supplements were published for the formal consultation of the draft Plan Strategy. The Technical Supplements build upon and update the previously published position papers, and illustrate how the various strands of the evidence base were considered in the formulation of strategic proposals and subject policies, including responses to the Preferred Options Paper and the ongoing consultee and councillor engagement.

Alternatives to Preferred Options were presented in the Preferred Options Paper, and the draft Plan Strategy Technical Supplements outline how proposals and policies evolved including where alternative approaches were considered. In addition, reasonable alternatives were considered as part of the SA/SEA carried out for the Preferred Options Paper and the draft Plan Strategy.

CE3: There are clear mechanisms for implementation and monitoring.

See DPS-117 – DPS-141

See DPS-106, DPS107, DPS-503 and DPS-504

The Planning Act (Northern Ireland) 2011 requires Council to submit an annual monitoring report (AMR) to DfI to indicate the extent to which the objectives set out in the LDP are being achieved. Technical Supplement 1 sets out Council’s approach to the AMR, which focuses on the LDP objectives and assesses the extent to which they are being achieved through the policies and proposals set out in the LDP. See DPS-116 The AMR will be flexible to include new or revised indicators to allow for better monitoring in circumstances where new data and information becomes available. Trends emerging from successive AMR’s will indicate whether the LDP policies and proposals are achieving their objectives and if it becomes apparent this is not the case Council will consider potential corrective actions, before initiating a formal review of the LDP. To inform the AMR, Council will continue to carry out its annual Housing Land Availability (housing monitor) and biennial Industrial and Economic Land Monitor.

CE4: The plan is reasonably flexible to enable it to deal with changing circumstances.

Ongoing monitoring as outlined above under CE3 will provide opportunities to deal with changing circumstances, which could include a revision to the LDP to replace or amend a policy. In addition to the AMR Council is required to carry out a plan review every 5 years following adoption of the Local Policies Plan that provides a further opportunity to make amendments to the LDP. Paragraph 1.7.1 of the draft Plan Strategy highlights whilst the LDP when adopted in full will assume primary importance in the determination of planning applications, that other material planning considerations may be afforded some degree of weight, depending on the circumstances of each case, which provides flexibility in the assessment of material planning considerations.

Whilst planning policy cannot cater for every proposal or development, Policy GP1 The General Policy for all Development applies to all forms of development (except minor proposals) and provides operational policy for specific forms of development which are not specifically catered for through the strategic subject policies. This provides flexibility by providing a policy basis for the assessment of new types of development which may occur during the plan period.

22

See DPS-116

4.0 Conclusion Council considers that the draft Plan Strategy has been prepared in accordance with The Planning Act (Northern Ireland) 2011 and The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 and that it meets all the tests of soundness including in terms of procedures, consistency, coherence and effectiveness. It has been prepared in accordance with the aforementioned legislation and is consistent with the RDS, SPPS, the Mid and East Antrim Community Plan and all other relevant plans and strategies including those of neighbouring Council’s. Furthermore, it follows a coherent strategy and all alternatives have been thoroughly considered as part of the SA/SEA process. The monitoring framework and review process also ensures that the draft Plan Strategy is effective in terms of its delivery.

Mid and East Antrim Council are of the opinion that the draft Plan Strategy complies with Section 10 of the Planning Act (Northern Ireland) 2011 and Regulation 20 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 and is ready for submission for Independent Examination.

23

Appendices

24

Appendix 1 Tests of Soundness Tests of soundness as set out in Development Plan Practice Note 6 Soundness Procedural tests P1. Has the plan been prepared in accordance with the Council’s timetable and the Statement of Community Involvement?

P2. Has the Council prepared its Preferred Options Paper and taken into account any representations made?

P3. Has the plan been subject to sustainability appraisal including Strategic Environmental Assessment?

P4. Did the Council comply with the regulations on the form and content of its plan and on the procedure for preparing the plan?

Consistency tests C1. Did the Council take account of the Regional Development Strategy?

C2. Did the Council take account of its Community Plan?

C3. Did the Council take account of policy and guidance issued by the Department?

C4. Has the plan had regard to other relevant plans, policies and strategies relating to the Council’s district or to any adjoining Council districts?

Coherence and effectiveness tests CE1. The plan sets out a coherent strategy from which its policies and allocations logically flow and where cross boundary issues are relevant is it in conflict with the plans of neighbouring Councils.

CE2. The strategy, policies and allocations are realistic and appropriate having considered the relevant alternatives and are founded on a robust evidence base.

CE3. There are clear mechanisms for implementation and monitoring.

CE4. The plan is reasonably flexible to enable it to deal with changing circumstances.

25

Appendix 2 Summary of requirements relating to LDP in Planning Legislation Summary of requirements of The Planning Act (Northern Ireland) 2011, Part 2 Local Development Plans Section Preparation of the timetable

Plan Strategy

Independent Examination

Requirement

7(1)

Has the Council prepared, and kept under review a timetable for the preparation and adoption of the Council’s Local Development Plan?

7(2) 8(1)

Has the Council and the Department attempted to agree the terms of the timetable?

Has the Council prepared a plan for its district (to be known as a plan strategy)?

8(2)

Does the plan strategy set out— (a) the council's objectives in relation to the development and use of land in its district?; (b) its strategic policies for the implementation of those objectives?; and (c) such other matters as may be prescribed?

8(4)

Has the plan strategy been prepared in accordance with— (a) the timetable set out in section 7(1)?; (b) the council's statement of community involvement?

8(5)

In preparing a plan strategy, has the council taken account of— (a) the regional development strategy?; (aa) the council's current community plan?; (b) any policy or advice contained in guidance issued by the Department?; and (c) such other matters as the Department may prescribe or, in a particular case, direct, and may have regard to such other information and considerations as appear to the council to be relevant?

8(6)

Has the council also— (a) carried out an appraisal of the sustainability of the plan strategy?; and (b) prepared a report of the findings of the appraisal?

10(1)

Has the council submitted every development plan document to the Department for independent examination?

10(2)

Prior to submitting such a document has the council: (a) complied with any relevant requirements contained in regulations under this Part?; and (b) does the council consider the document is ready for independent examination?

10(3)

Has the council sent to the Department (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed?

26

Summary of the requirements of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 PART 2 Timetable Preparation of the timetable Content of the timetable

Agreement of the timetable

Regulation 5 6 (2) (a&b)

7 (1) (a) 7 (1) (b) 7 (4)

Availability of the timetable

8 (1) (a) 8 (1) (b) 8 (1) (c) 7&8

Requirement Were the Planning Appeals Commission (PAC) and any other consultation bodies the council considered appropriate consulted?

Does the timetable include indicative dates for each stage of the preparation of the POP including:  Publication of the preferred options paper (POP)?  Publication of the plan strategy (PS) and the local policies plan (LPP)?  Adoption of the PS and the LPP?  The carrying out of the sustainability appraisal under section 8(6) (a) and the preparation of the report on the findings of the appraisal?

Has the timetable been approved by resolution of the council prior to submission to the Department for its agreement?

Has the timetable been submitted to the Department?

Was the timetable agreed by the Department and was this before any advertisement of POP? Has the council made the agreed timetable available for inspection at it principal office and any other places within the district considered appropriate?

Has the council given notice by local advertisement that the timetable is available for inspection and the place and times at which it can be inspected?

Has the council published the timetable on its website?

Has any revision of the timetable been in accordance with the requirements of Regulations 7 & 8?

PART 3 Preferred Options Paper Regulation Requirement Preparation of 9 (1) Has the Council, for the purpose of generating alternative strategies and options, the preferred engaged with the consultation bodies prior to publication of the POP? options paper 9 (2) Has the council taken into account any representations received from the consultation bodies?

Availability of 10 (a) & (b) Has the Council made the following documents available for inspection at the Council’s the preferred principal offices and other such places within the Council district as the Council considers options paper appropriate:  A copy of the POP?  A copy of any relevant supporting documents?  A document which indicates dates within which representations on the POP may be made?  Notice of the address to which representations are to be sent?

10 (c) Has the council sent the information set out in paragraph (a) Regulation 10, to the consultation bodies?

10 (d) Has the Council given notice by local advertisement of the following:  The title of the Local Development Plan?  A statement that the POP is available for inspection and the places and times at which it can be inspected?  A brief description of the content and purpose of the POP?  Details of how further information on the POP may be obtained?

10 (e) Has the Council published the following on its website:  The POP?  Supporting documents considered relevant to the POP?  A document indicating dates within which representations on the POP may be made and the notice of the address to which representations are to be sent?

Public 11 (3) Was the public consultation period for the POP between 8 and 12 weeks? consultation on 11 (4) Has the Council taken account of any representations made in accordance with the preferred paragraph (2) Regulation 11 (i.e. submitted within the timeframe and to the address options paper specified) before preparing a Development Plan Document?

27

PART 4 Form and content of development plan document Regulation Requirement Form and 12 (1) (a) Does the development Plan document contain a title which indicates the name of the content of a district Council for which the development plan is prepared and indicates whether it is a development plan strategy or local policies plan? plan document 12 (1) (b) Does the development plan document contain a subtitle which indicates the date of the adoption of the development plan document?

12 (2) Does the development plan document contain a reasoned justification of the policies contained within it?

12 (3) Are those parts of a development plan document which comprise polices of the LDP and those parts which comprise the reasoned justification readily distinguishable?

Proposals map 13 (1) Does the development plan document contain a map or maps (proposals map) describing the policies and proposals set out in the development plan document so far as practicable to illustrate such policies and proposals spatially?

13 (2) Is the proposals map sufficiently detailed so as to enable the location of proposals for the development and use of land to be identified?

Additional 14 (1) (a) Has the council taken into account when preparing the LDP the objectives of preventing matters to be major accidents and limiting the consequence of such accidents? taken into 14 (1) (b) (i) Has the council taken into account when preparing the LDP the long term objective to account maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas of particular natural sensitivity or interest?

14 (1) (b) Has the council taken into account when preparing the LDP, in the case of existing (ii) establishments, for additional measures in accordance with Article 5 of the Directive so as not to increase the risks to people?

PART 5 Development plan document procedure Regulation Requirement Availability of a 15 (a) & (b) Has the Council made the following documents available for inspection at the Council’s development principal offices and other such places within the Council district as the Council considers plan document appropriate:  A copy of the development plan document?  A copy of the sustainability appraisal report?  A copy of any relevant supporting documents?  A document which indicates dates within which representations on the development plan document may be made?  Notice of the address to which representations are to be sent?

15 (c) Has the council sent the information set out in paragraph (a) Regulation 15, to the consultation bodies?

15 (d) Has notice been given in the Belfast Gazette and by local advertisement which includes the title of the development plan document and a statement that the development plan document is available for inspection and the places and times at which it can be inspected?

15 (e) Is the development plan document, any supporting documentation and the notice mentioned in paragraph regulation 15 (a) (iv) published on the council website?

Public 16 (2) (a) Were representations made within a period of 8 weeks and were they sent to the address consultation on and (b) specified? a development plan document Availability of 17 (1) (a) Has the council (as soon as reasonable practicable after the statutory 8 week representations and (b) consultation period) made the following available for inspection, at the Council’s principal on a offices and other such places within the Council district as the Council considers development appropriate, after the statutory 8 weeks consultation period: plan document  A copy of the representations?  A document with the dates within which counter representations may be made?  Notice of the address to which counter representations can be sent?

17 (c) Has the Council published the representations in its website?

17 (d) Has the Council given notice in the Belfast Gazette and by local advertisement of the fact that representations are available for inspection and the places and times at which they can be inspected?

17 (e) Has the Council notified consultation bodies of the fact that representations are available for inspections and the places and times at which they can be inspected?

28

Public consultation on site specific policy representations Availability of representations on site specific policy representations Submission of documents for independent examination

Availability of submission documents

17 (f)

Has the council notified any person who has made (and not withdrawn) a representation in accordance with regulation 16(2)?

18 (2)

Have the counter representations:  Been made within a period of 8 weeks starting on the day the council complies with regulation (17) (a)?  Sent to the address specified in regulation 17(1) (a) (iii)?

19 (a) (i) & (ii)

Has the council (as soon as reasonable practicable after the statutory 8 week consultation period) made a copy of the counter representations available for inspection at its principal offices and other such places within the district of the Council as the Council considers appropriate?

Has the Council published counter representations on its website?

Has the Council considered representations made under regulation 16 and, as the case may be, Regulation 18?

Has the council submitted the following prescribed documents to the department:  The sustainability appraisal report under section 8(6) (b) or, as the case may be, section 9 (7) (b)?  The statement of community involvement?  Evidence that the council has complied with the statement of community involvement?  Copies of the notices (POP, dPS & reps stages)?  The timetable?  A statement setting out: A summary of the main issues raised in representations in accordance with regulation 11(2)?

How those main issues have been taken into account in the preparation of the development plan document?  A statement setting out: If representations were made in accordance with regulation 16)2), the number of representation made and a summary of the main issues raised on those representations?, or That no such representation were made;  Copies of any representations made in accordance with regulation 16(2) or 18(2)?  Any additional documents the council consider relevant to the preparation of the development plan document?

Has the Council sent a copy of the Plan Strategy to the Department?

Has the Council as soon as reasonably practicable after submitting a development plan document to the Department;  Made the following documents available for inspection at the places referred to in paragraph (b) (i) a copy of the development plan document, (ii) the documents specified in regulation 20(2), and (iii) such other documents as in the opinion of the council are relevant to the preparation of the development plan document; The places referred to in paragraph (a) are(i) the council’s principal offices, and (ii) such other places in the district of the council as the council considers appropriate Has the Council notified the consultation bodies of the fact that the development plan document and the documents mentioned in paragraph (a) are available for inspection and the places and times at which they can be inspected; Has the Council notified any person who has made (and not withdrawn) a representation in accordance with regulation 16(2) or 18(2) of those matters; Has the Council given notice in the Belfast Gazette and by local advertisement of the fact that the development plan document has been submitted to the Department; Has the Council published the notice mentioned in paragraph (e) on its website.

Has the council (at least four weeks before the opening of an independent examination): notified the consultations bodies of the matters referred to in paragraph (2)?

Has the Council given notice in the Belfast Gazette and by local advertisement of those matters?

Has the Council published those matters on its website?

19 (b) 20 (1) 20 (2) (a-i)

20 (3) 21 (a) (i) – (iii)

21 (b)

21 (c)

21 (d) 21 (e)

Publicity of the independent examination

21 (f) 22 (1) (a) 22 (b) 22 (c)

29

22 (d) 22 (2) (a) 22 (b)

Has the Council notified any person who has made (and not withdrawn) a representation in accordance with regulation (16) (2) or 18(2) of those matters?

The matters referred to in paragraph (1) are; The time and place at which the examination is to be held?

Whether the planning appeals commission or the person appointed will carry out the independent examination and if the latter, the identity of that person?

30

Appendix 3 Consultation with Planning Appeals Commission regarding preparation of original timetable

31

Appendix 4 Correspondence to and from Department for Infrastructure regarding LDP timetables A. Copy of letter to DfI regarding the original timetable - 2016

32

B. Copy of letter from DfI agreeing to the original timetable - 2016

33

C. Copy of letter to DfI regarding the first revised timetable - 2017

34

D. Copy of letter from DfI agreeing to the first revised timetable - 2017

35

E. Copy of letter to DfI regarding the second revised timetable - 2019

36

F. Copy of letter from DfI agreeing to the second revised timetable – 2019

37

G. Copy of letter to DfI regarding the third revised timetable and follow up email – 2020

38

H. Copy of letter from DfI agreeing to the third revised timetable – 2020

39

Appendix 5 Examples of local advertisement of LDP Timetables Example of local advertisement from week commencing 8 August 2016 for the original LDP timetable:

Example of local advertisement from week commencing 26 June 2017 for the first revised LDP timetable:

40

Example of local advertisement from week commencing 8 April 2019 for the second revised LDP timetable:

Example of local advertisement from week commencing 14 December 2020 for the third revised LDP timetable:

41

Appendix 6 Copy of letter sent to consultation bodies prior to publication of the POP

42

Appendix 7 Record of Pre POP stakeholder evidence gathering meetings The following formal engagement took place with consultation bodies, consultees and Council officials prior to the publication of the POP, in addition to ongoing informal discussions:

Date

Consultation Meeting Topic

Consultee Representatives

3 August 2016

Natural Environm ent

          

Council For Nature Conservation and the Countryside DAERA: Air Quality DAERA: Countryside and Coast DAERA: Fisheries and Forest Service DAERA: Marine DAERA: NIEA MEABC: Countryside Officer MEABC: Environmental Health MEABC: Parks and Open Space Shared Environmental Service Waterways Ireland

9th August 2016

Minerals

    

MEABC: Environmental Health DfE: Minerals Branch DfE: GSNI DAERA: NIEA Shared Environmental Service

18 August 2016

Economic Development

  

DfC: Regional Development Office Invest NI MEABC: Economic and Community Development Manager MEABC: Investment and Funding Delivery Manager Shared Environmental Service

  22 August 2016

Sustainable Communities and Neighbourhoods

        

DAERA:NIEA DfC Education Authority MEABC: Countryside Officer MEABC: Leisure, Arts and Culture MEABC: Operations Department MEABC: Parks and Open Space NIHE Public Health Agency: Local Commissioning Group Shared Environmental Service

    



NIHE MEABC: Community Planning MEABC: Environmental Health National House Building Council Northern Ireland Federation of Housing Associations Shared Environmental Service

 26 August 2016

Housing

8 September 2016

Tourism

    

DAERA: Rural Development MEABC: Parks and Open Space MEABC: Head of Tourism Tourism NI Shared Environmental Service

13 September 2016

Sport NI



Sport NI

20 September 2016

Retail and Town Centre

  

DfC: Regional Development Office DfI: Transport NI MEABC: Carrickfergus Town Centre Project Manager

43



MEABC: Carrickfergus Townscape Heritage Initiative Project Manager MEABC: Economic Department MEABC: Larne Town Centre Project Manager MEABC: Marketing Department Shared Environmental Service

    22 September 2016

Development Management and Enforcement



MEABC: Development Management and Enforcement Staff

27 September 2016

Northern Regional College



Northern Regional College

30 September 2016

Archaeology and Built Heritage

    

DAERA: Historic Environment Division MEABC: Museums MEABC: Carrickfergus Townscape Heritage Initiative Project Manager Ulster Architectural Heritage Society Shared Environmental Service

13 October 2016

Transportation

      

DfI: Transport NI DfI: Transport Planning and Modelling Unit DfI: Strategic Planning MEABC: Carpark Manager MEABC: Countryside and Access Translink Sustrans

21 October 2016

Public Utilities

        

ARC 21 BT DAERA: Rivers DAERA: Waste Management MEABC: Building Control NIHE NIRIG NI Water SONI

25 October 2016

Cemetery Provision



Mid and East Antrim Borough Council: Head of Open Space

31 October 2016

Northern Ireland Housing Executive



NIHE

44

Appendix 8 ‘Have your say’ section within POP and accompanying postcard detailing when and where to make representations to POP consultation Extract from POP ‘Have your say’ section:

Copy of POP ‘Have your say’ postcard:

45

Appendix 9 Example letter sent to consultation bodies regarding the POP

46

Appendix 10 Example of local advertisement regarding the POP Example of local advertisement from week commencing 5 June 2017 regarding the POP:

47

Appendix 11 Council website during POP consultation

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Appendix 12 ‘Have your say’ section within the draft Plan Strategy and accompanying leaflet detailing when and where to make representations to the draft Plan Strategy consultation Extract from the draft Plan Strategy ‘Have your say’ section:

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Copy of the draft Plan Strategy ‘Have your say’ leaflet:

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Appendix 13 Example letter sent to consultation bodies regarding the draft Plan Strategy (Letters were accompanied by ‘Have your say’ leaflets).

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Appendix 14 Examples of advance and formal local advertisement and notice in the Belfast Gazette regarding the draft Plan Strategy Example of advance local advertisement week commencing 9 September 2019 regarding the draft Plan Strategy:

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Advance notice in the Belfast Gazette week commencing 2 September 2019 regarding the draft Plan Strategy:

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Example of formal local advertisement from week commencing 7 October 2019 regarding the draft Plan Strategy:

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Formal notice in the Belfast Gazette week commencing 7 October 2019 regarding the draft Plan Strategy:

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Appendix 15 Council website during the draft Plan Strategy consultation

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Appendix 16 Availability of draft Plan Strategy representations on Council website

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Appendix 17 Example of local advertisement and notice in the Belfast Gazette regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations Example of local advertisement from week commencing 20 January 2020 regarding the availability of draft Plan Strategy representations and invitation to submit counter representations:

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Notice in the Belfast Gazette week commencing 20 January 2020 regarding the availability of draft Plan Strategy representations and invitation to submit counter representations:

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Appendix 18 Example letter sent to consultation bodies regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations

Date: 30/01/2020

Planning Office 182 Galgorm Road Galgorm Ballymena BT42 1QF Tel: 0300 200 7830 Email: planning@midandeastantrim.gov.uk

Dear Sir/Madam,

RE: Mid and East Antrim Local Development Plan 2030 - Draft Plan Strategy Public Inspection of Representations I am now writing to advise that the Council is making all representations received to its draft Plan Strategy available for public inspection from Friday 31 January 2020. This is in accordance with Regulation 17 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015.

The representations will be available for inspection at the Council’s Planning Department at County Hall, 182 Galgorm Road, Ballymena, BT42 1QF, during normal office hours. They are also available for inspection on the Council’s website at www.midandeastantrim.gov.uk/LDP and in the following Council Offices: The Braid, 1-29 Bridge Street, Ballymena, BT43 5EJ; Carrickfergus Museum and Civic Centre, 11 Antrim Street, Carrickfergus, BT38 7DG; Smiley Buildings, Victoria Road, Larne, BT40 1RU Please note that the Council accepts no liability in respect of copyright issues pertaining to information provided by third parties.

Counter-representation In accordance with Regulation 18 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015, the Council is also now undertaking an 8 week period of public consultation for counter-representation. This begins on Friday 31 January 2020 and closes at 12 noon on Friday 27 March 2020. Those received after this deadline will not be considered.

A counter-representation may be made on any site specific representation (defined as those that seek change by adding a site specific policy, or altering or deleting any site specific policy contained in the draft Plan Strategy). Each counter-representation must relate to a site specific representation and quote its reference number and must not in itself propose any change to the draft Plan Strategy document. The counter-representation period is an opportunity for interested parties to consider potential changes proposed by representations to the draft Plan Strategy and allow comments to be made on those representations.

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Counter-representations can be made using the response form available on the Council’s website (see above link) and emailed to the Council’s Planning Department at planning@midandeastantrim.gov.uk Alternatively counter-representations can be posted to or deposited at the Council’s Planning Department, at the address stated above.

All counter-representations received within the specified period will be made available for public inspection as soon as reasonably practicable after the expiry of the counter-representation period.

Yours faithfully,

for Paul Duffy Head of Planning

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Appendix 19 Example letter sent to those people who made a representation to draft Plan Strategy regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations

Date: 30/01/2020

Planning Office 182 Galgorm Road Galgorm Ballymena BT42 1QF Tel: 0300 200 7830 Email: planning@midandeastantrim.gov.uk

Dear Sir/Madam, RE: Mid and East Antrim Local Development Plan 2030 - Draft Plan Strategy Public Inspection of Representations Further to your representation made to the public consultation on the Mid and East Antrim Local Development Plan 2030 (LDP) draft Plan Strategy, I am now writing to advise that the Council is making all representations received to its draft Plan Strategy available for public inspection from Friday 31 January 2020. This is in accordance with Regulation 17 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015.

The representations will be available for inspection at the Council’s Planning Department at County Hall, 182 Galgorm Road, Ballymena, BT42 1QF, during normal office hours.

They are also available for inspection on the Council’s website at www.midandeastantrim.gov.uk/LDP and in the following Council Offices: The Braid, 1-29 Bridge Street, Ballymena, BT43 5EJ; Carrickfergus Museum and Civic Centre, 11 Antrim Street, Carrickfergus, BT38 7DG; Smiley Buildings, Victoria Road, Larne, BT40 1RU Please note that the Council accepts no liability in respect of copyright issues pertaining to information provided by third parties.

Counter-representation In accordance with Regulation 18 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015, the Council is now also undertaking an 8 week period of public consultation for counter-representation. This begins on Friday 31 January 2020 and closes at 12 noon on Friday 27 March 2020. Those received after this deadline will not be considered.

A counter-representation may be made on any site specific representation (defined as those that seek change by adding a site specific policy, or altering or deleting any site specific policy contained in the draft Plan Strategy). Each counter-representation must relate to a site specific representation and quote its reference number and must not in itself propose any change to the draft Plan Strategy document. The counter-representation period is an

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opportunity for interested parties to consider potential changes proposed by representations to the draft Plan Strategy and allow comments to be made on those representations.

Counter-representations can be made using the response form available on the Council’s website (see above link) and emailed to the Council’s Planning Department at planning@midandeastantrim.gov.uk Alternatively counter-representations can be posted to or deposited at the Council’s Planning Department, at the address stated above. All counter-representations received within the specified period will be made available for public inspection as soon as reasonably practicable after the expiry of the counter-representation period.

Independent Examination Finally, I would appreciated if you could confirm in writing (if you haven’t already indicated in your representation) if you wish to appear and be heard at the Independent Examination into the draft Plan Strategy. If no response is received, it will be assumed that you are content for your representation to be considered in written form only. Please quote your reference when replying.

Yours faithfully,

for Paul Duffy Head of Planning

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Appendix 20 Publication of draft Plan Strategy counter representations on Council website

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Local Development Plan Team Silverwood Business Park 190 Raceview Road Ballymena BT42 4HZ Tel: 028 2563 3500 planning@midandeastantrim.gov.uk 70 www.midandeastantrim.gov.uk/planning