Local Development Plan 2030 - Addendum to draft Equality (Section 75) Screening Report

Local Development Plan 2030

Draft Plan Strategy Addendum to draft Equality (Section 75) Screening Report

January 2021

Executive Summary A draft Equality (Section 75) Screening Report was prepared by Mid and East Antrim Borough Council and published along with the Council’s draft Plan Strategy (dPS) and other associated assessment documents on 17 September 2019.

A formal public consultation period on the dPS ran from 16 October 2019 to 11 December 2019.

Following consideration of the representations received, the Council has suggested a number of 'proposed modifications' to the published dPS, and these are contained within the Schedule of Proposed Modifications to the dPS. This Addendum to the draft Equality (Section 75) Screening Report (September 2019) of the dPS has been prepared alongside the Schedule of Proposed Modifications to the dPS and both documents will be subject to an eight-week period of formal consultation from 8 January 2021 to 5 March 2021.

This addendum considers the proposed modifications to the dPS in the context of the statutory requirement to have due regard to the need to promote equality of opportunity, promote good relations and to promote positive attitudes towards disabled people as well as encouraging their participation in public life and comprises the following stages: • •

Screening the proposed modifications within the dPS to determine whether further assessment is required; and If necessary, to undertake an assessment of the proposed modifications that have not been screened out.

The findings of this screening exercise are contained within the Section 75 Policy Screening Form and Appendix 1.

Following consideration of the proposed modifications to the dPS in the context of the statutory requirements, it has been concluded that the proposed modifications do not alter the outcomes of the original draft Equality (Section 75) Screening (September 2019) of the dPS.

1.0 Introduction 1.1. A draft Equality (Section 75) Screening Report of the draft Plan Strategy was prepared by Mid and East Antrim Borough Council and published along with the Council’s draft Plan Strategy (dPS) and other associated assessment documents on 17 September 2019.

1.2. A formal public consultation period on the dPS ran from 16 October 2019 to 11 December 2019 and Council has considered the representations received. In response to these representations, Council has suggested a number of 'proposed modifications' to the dPS. These proposed changes and the rationale for them are contained within the Schedule of Proposed Modifications to the dPS. 1.3. Given the statutory requirement to have due regard to the need to promote equality of opportunity, promote good relations and to promote positive attitudes towards disabled people as well as encouraging their participation in public life, it is imperative for Council to re screen the proposed policies in order to identify if the proposed modifications will alter the impact that the that the dPS was predicted to have on these matters.

1.4. This document, which is an addendum to the draft Equality (Section 75) Screening Report (September 2019), has been prepared alongside the Schedule of Proposed Modifications to the dPS, and identifies whether the outcomes of the original screening should be amended as a result of the proposed modifications to the dPS. Therefore, this addendum should be read in conjunction with the draft Equality (Section 75) Screening Report (September 2019).

2.0 Statutory Requirements 2.1. The Council has a statutory duty under Section 75 of the Northern Ireland Act 1998 as a public authority, in carrying out its functions, relating to Northern Ireland, to have due regard to the need to promote equality of opportunity: • • • •

Between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; Between men and women generally; Between persons with a disability and persons without; and Between persons with dependants and persons without.

Functions include the “powers and duties” of a public authority.

2.2. Without prejudice to the above obligations, public authorities are also required to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or race.

2.3. In addition, the Disability Discrimination (NI) Order 2006 introduced new duties requiring all public authorities in carrying out their function relating to Northern Ireland to have due regard to the need to: • •

Promote positive attitudes towards disabled people; and Encourage participation of disabled people in public life.

3.0 Consideration of Representations Received 3.1. The draft Plan Strategy and along with its associated assessment documents were published on the 17 September 2019, with the formal consultation period running from 16 October 2019 to 11 December 2019. During the consultation period the plan team held a series of events to promote consultation and encourage engagement with the draft Plan Strategy. 80 representations were received, and these were available for inspection from the 31 January to 27 March 2020. A further 10 counter representations were submitted. All representations received remain available

to view on the Council website. No respondents commented directly on the Draft Equality (Section 75) Screening Report.

3.2. Following detailed consideration of the representations received and the issues raised, the Council is proposing a number of changes to the dPS. All the proposed changes are set out in the Schedule of Proposed Modifications to the dPS. The proposed changes vary in nature and include minor editing corrections to address typographical errors along with corrections to ensure factual accuracy. Other amendments have been included as logical changes to a strategy or policy and/or associated text in order to provide, or increase, clarification and transparency.

4.0 Equality Screening of Proposed Modifications 4.1. In bringing forward the LDP, the Council is committed to ensuring that the needs of Section 75 groups are considered. Therefore, we will carry out an Equality Screening at each of the three main stages in the process to establish if an Equality Impact Assessment is required. A Draft Equality (Section 75) Screening Report was published alongside the draft Plan Strategy and concluded that an Equality Impact Assessment was not required at that stage.

4.2. However, in line with our statutory obligations in relation to Section 75 groups, good relations and disabled people and in light of the proposed modification to the draft Plan Strategy further screening is required.

4.3. A screening of the proposed amended strategies and policies has therefore been undertaken to identify if any of the proposed modifications are likely to have a negative impact on equality of opportunity and/or on good relations. This document forms an addendum to the original Draft Equality (Section 75) Screening Report (September 2019) and as such should be read in conjunction with it.

4.4. Given the number of proposed modifications, Appendix A: Table 1 below sets out the following: • • •

A summary of the modifications to a number of individual strategies and policies as set out in the Schedule of Modifications; An assessment of whether the proposed modification/modifications impact on the overall aim/purpose of the policy as originally assessed; and An assessment of the likely impact on equality of opportunity for Section 75 groups as a result of the proposed modification/modifications.

4.5. Appendix A: Table 1 has been used as the basis for the completion of the Section 75 Policy Screening Form below. Whilst the Schedule of Proposed Modifications provides a detailed inventory of each proposed modifications to the draft Plan Strategy, for the purposes of this document it was considered more appropriate to provide an overall summary of the proposed modifications to allow for consideration of the impact of cumulative changes to a strategy or policy.

Section 75 Policy Screening Form Part 1: Policy Scoping- Information about the policy All information provided on pages 7-20 of the Draft Equality (Section 75) Screening Report remains relevant.

Part 2: Screening Questions A detailed assessment of the likely impact on equality of opportunity is included in Appendix A: Table 1.

What is the likely impact on equality of opportunity for those affected by this policy, for each of the Section 75 equality categories?

Appendix A: Table 1 demonstrates that the proposed modifications do not change the aim/purpose of any of the proposed strategies or policies from that previously assessed. As such, the Council’s original assessment of the proposed impact of policies on equality of opportunity for each of the Section 75 equality categories remains unchanged from that stated on pages 22-25 of the draft Equality (Section 75) Screening Report, with the exception of an additional very minor positive impact for all groups as result of modifications to SGS9 and HOU16.

Are there opportunities to better promote equality of opportunity for people within the Section 75 equalities categories?

As a result of the proposed modifications, no opportunities to better promote equality of opportunity are apparent at this stage. However, any Section 75 issues raised during consultation or later in the LDP process will be considered in a proportionate way.

To what extent is the policy likely to impact on good relations between people of different religious belief, political opinion or racial group?

Appendix A: Table 1 demonstrates that the proposed modifications do not change the aim/purpose of any of the proposed strategies or policies from that previously assessed. As such, the Council’s original assessment of the proposed impact of policies on good relations between people of different religious belief, political opinion or racial group remains unchanged from that stated on page 27 of the draft Equality (Section 75) Screening Report.

Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group?

As a result of the proposed modifications, no further opportunities to better promote good relations between people of different religious belief, political opinion or racial group have been identified over and above those originally stated on page 28 of the draft Equality (Section 75) Screening Report.

Additional Considerations Multiple Identity Further to the proposed modifications and as previously assessed no negative differential impacts have been identified. The overall outworking of the strategic policies and proposals is likely to promote equality of opportunity for people with multiple identities.

Disability Does the policy promote positive attitudes towards disabled people and encourage participation of disabled people in public life?

Appendix A: Table 1 demonstrates that the proposed modifications do not change the aim/purpose of any of the proposed strategies or policies from that previously assessed. As such, the Council’s original

assessment the ability of the proposed draft Plan Strategy to promote positive attitudes towards disabled people and encourage participation of disabled people in public life remains unchanged from that stated on page 29 of the draft Equality (Section 75) Screening Report.

Part 3: Screening Decision If the decision is not to conduct an equality impact assessment, please provide details of the reasons.

Further to the proposed modifications to a number of the individual draft Plan Strategy strategies and policies no significant adverse impacts on equality of opportunity have been identified on Section 75 groups either individually or cumulatively, therefore the decision has been taken not to conduct an Equality Impact Assessment.

It is anticipated the Draft Plan Strategy will be of benefit to our citizens including Section 75 groups as it seeks to improve the quality of life for all as set out in our vision. At this stage it has been identified that many of the policies within the draft Plan Strategy will, in fact, be of particular benefit to a number of the Section 75 groups. It is recognised that the LDP Spatial Growth Strategy has spatial implications that may have some potential for differential impacts on the grounds of Religious Belief/Political Opinion.

However, the Spatial Growth Strategy is aligned with the regional direction and to significantly depart from this would likely render the LDP unsound. Overall, the Spatial Growth Strategy will be of benefit to everyone.

If the decision is not to conduct an equality impact assessment the public authority should consider if the policy should be mitigated or an alternative policy be introduced.

No mitigation is considered necessary at this stage.

Mitigation When the public authority concludes that the likely impact is ‘minor’ and an equality impact assessment is not to be conducted, the public authority may consider mitigation to lessen the severity of any equality impact, or the introduction of an alternative policy to better promote equality of opportunity or good relations.

Can the policy/decision be amended or changed or an alternative policy introduced to better promote equality of opportunity and/or good relations? No If so, give the reasons to support your decision, together with the proposed changes/amendments or alternative policy.

Further to the proposed modifications, the Councils previous reasoning provided on page 30 of the draft Equality (Section 75) Screening Report remains relevant.

Part 4: Monitoring Public authorities should consider the guidance contained in the Commission’s Monitoring Guidance for Use by Public Authorities (July 2007). The Commission recommends that where the policy has been amended or an alternative policy introduced, the public authority should monitor more broadly than for adverse impact (See Benefits, P.9-10, paras 2.13 – 2.20 of the Monitoring Guidance). Effective monitoring will help the public authority identify any future adverse impact arising from the policy which may lead the public authority to conduct an equality impact assessment, as well as help with future planning and policy development.

As noted above the draft Plan Strategy and its associated assessments were subject to public consultation. 80 responses were received and as a result of this process a number of modifications to individual strategies and policies within the plan are proposed. The amended policies have therefore been screened to help the Council identify any future adverse impact arising from the policy which may lead to the need to conduct an equality impact assessment. As detailed above it has been determined that it is not necessary at this stage.

The Schedule of Proposed Modifications along with this addendum to the original screening as well as an updated draft SA, HRA and Rural Needs Impact Assessment, will be subject to a further 8 weeks public consultation and will include specific consultation with a variety of Section 75 groups.

Any issues raised during this consultation will be considered prior to finalising the Plan Strategy through the Independent Examination. The LDP will also be subject to further equality screening at Local Policies Plan stage. Monitoring and review of the LDP is an integral part of the plan making process.

The draft Plan Strategy includes a Monitoring and Review Framework (see Technical Supplement 1) which highlights that a five year review of the LDP will be carried out subsequent to adoption to ensure the policies and proposals are achieving their objectives. There will be further scope for any impacts on Section 75 groups to be considered through this review.

Appendix A Table 1: Assessment of Impact of Proposed Modifications on Equality of Opportunity of Section 75 Groups

Topic

Housing Allocation Strategy

Proposed Modification Reference Number PM-005

Policy or Section

Proposed changes

SGS3 Strategic Allocation of Housing to Settlements – justification and amplification paragraph 5.3.8

Include footnote to justification and amplification to provide clarity between the time period used in Social Objective c) and SGS3.

PM-006 PM-007 PM-008 PM-009

SGS5 Protection of Zoned Housing Land and justification and amplification paragraph 5.3.31

Economic Development Strategy

PM-010

5.4 Introduction text paragraph 5.4.7

Addition of text to the Strategy to clarify the relationship between policies HOU1 and SGS5, to clarify when phase 2 housing land will be released and to clarify how housing supply will be managed in villages and small settlements.

Addition of text to justification and amplification to demonstrate the types of local need.

Amend reference to Belfast Region City Deal.

Retail Strategy

PM-011

SGS7 Retail Hierarchy – justification and amplification paragraph 5.5.7

Addition of text to clarify the difference in Portglenone’s position as a village in the Settlement Hierarchy and a small town in the Retail Hierarchy.

Tourism Strategy

PM-012

SGS8 Tourism Strategy justification and amplification new paragraph after 5.6.11

Addition of text to justification and amplification as recommended in the draft HRA Report (September 2019), pages 16-20 to conform with and meet the legal requirements of the Conservation (Natural Habitats,

Will the proposed change impact on the aim of the policy?

Likely impacts of the proposed changes

No Minor modification for clarification purposes that does not change the aim/purpose of the Strategy from that originally assessed.

No Minor modifications to the Strategy and its associated justification and amplification for clarification purposes that do not change the aim/purpose of the Strategy from that originally assessed.

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

No Minor modification to text for clarification purposes that does not change the aim/purpose of the Strategy from that originally assessed.

No Minor modification to the justification and amplification for clarification purposes that does not change the aim/purpose of the Strategy from that originally assessed.

No Modification to the justification and amplification for clarification purposes, it does not change the aim of the

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the Strategy will have no differential impact than the original in

etc.) Regulations (NI) 1995 (as amended).

Transport Strategy

PM-013

5.7 Transport Strategy paragraph 5.7.3

Amend wording to reflect wording in the updated draft Local Transport Study (DfI).

Open Space Strategy

PM-014

5.8 Implementation paragraph 5.8.5

Correction of a typographical error – change ‘These’ to ‘There’.

PM-015

SGS9 Open Space Strategy

Amend text in point seven of the Open Space Strategy to include reference to need identified by Council or other public bodies.

PM-016 PM-017

5.9 Countryside Strategy Introduction and proposal/policy aims paragraph 5.9.2 and paragraph 5.9.6

Correct typographical error and amend to clarify that the LDP aims to facilitate development that contributes to a sustainable rural community.

PM-018

CS2 Special Countryside Areas - justification and amplification paragraph 5.9.12

Add the words ‘and character’ to the third sentence of paragraph 5.9.12.

Countryside Strategy

Strategy from that originally assessed, as it has always been the case that other policies and provisions of the LDP would also be applicable. Additional text is for purposes of transparency.

No Minor modification to the text for clarification purposes that does not change the aim/purpose of the Strategy from that originally assessed.

No Minor modification to correct a typing error that does not change the aim/purpose of the Strategy from that originally assessed.

Yes The proposed modifications is a minor widening of the scope of the Strategy.

No Minor modifications to correct a typographical error and to clarify rather than change the aim of the LDP in relation to development in the countryside.

No Modification to the justification and amplification for clarification

terms of its impact on S75 groups.

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

The modification widens the scope of the Strategy in terms of the delivery of public playing pitches therefore increasing the potential for benefit. No differential impact on S75 groups identified as a result of this modification.

Further to modification, the Strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the Strategy will have no differential impact

PM-019 PM-020 PM-021 PM-022 PM-023 PM-024 PM-025 PM-026 PM-028 PM-029 PM-030 PM-034

CS3 Areas of Constraint on High Structures (ACHS) and justification and amplification paragraph 5.9.20

Amend policy wording and justification and amplification to standardise numbering and terminology thorough each height category. Clarify which criteria apply to which height restrictions.

Clarify that policy purpose is to protect these areas from inappropriate obtrusive development as well as high structures which don’t meet criteria and to move away from highlighting energy infrastructure as only possible type of high structure or obtrusive development.

Amend policy and justification and amplification wording from regional ‘significance’ to ‘importance’ in keeping with CS2 wording.

PM-027

CS3 Areas of Constraint on High Structures (ACHS) and justification and amplification paragraph 5.2.26

PM-031

CS3 Areas of Constraint on High Structures (ACHS) and justification and amplification paragraph 5.9.20

Add new wording after paragraph 5.9.20 of the justification and amplification, to indicate it is anticipated that most development proposals within an ACHS will be required to be accompanied by an objective impact assessment.

PM-032 PM-033 PM-034

CS3 Areas of Constraint on High Structures (ACHS) justification and amplification paragraph 5.9.25 and 5.9.26

Amend justification and amplification paragraphs to reflect proposed policy title and policy detail change to Policy TOC1.

purposes that does not change the aim of the Strategy from that originally assessed.

No Modification to the policy and justification and amplification for clarification purposes that does not change the aim of the strategy from that originally assessed.

than the original in terms of its impact on S75 groups.

No Modification to the policy and justification and amplification to ensure consistency with the other Countryside policy, it does not change the aim of the policy from that originally assessed.

No Modification to the justification and amplification text for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modification to justification and amplification to ensure consistency with the other policy amendment, it does not change the aim of the policy from that originally assessed.

Further to modification, the strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the strategy will have no differential impact than the original in terms of its impact on S75 groups.

General Policy for all Development

PM-035

CS5 Antrim Coast and Glens Area of Outstanding Natural Beauty

Amend to replace the words ‘closely interlinked’ in criterion (f) with ‘visual link’.

PM-036

CS8 Protection of Main River Corridors – justification and amplification paragraph 5.9.50

Replace ‘ecology’ with ‘biodiversity’.

PM-037

CS9 Development at Risk from Land Instability or Coastal Erosion

Add new paragraph to clarify relationship with marine policy documents.

PM-038 PM-039 PM-040

GP1 General Policy for all Development and justification and amplification paragraph 6.1.8, paragraph 6.1.10

Amend policy section (d) and its associated section in the justification and amplification to ensure sufficient regard given to the issue of contamination.

Amend justification and amplification to remove reference to DCAN’s withdrawn by DfI.

Economic Development

PM-041

7.1 Introduction footnote

Amend footnote to address ECD4 (f) ‘Agricultural and Forestry Development’ not being a Class B Use.

PM-042

ECD1 Economic Development in Settlements

Clarify what is to be included under ‘Industrial Uses’.

No Modification to the policy to clarify that the consideration of the development’s visual relationship with the AONB is imperative, it does not change the aim of the policy from that originally assessed.

No Modification to the justification and amplification to ensure consistency with the policy, it does not change the aim of the policy from that originally assessed.

No Modification for the purposes of transparency and clarification as it has always been the case that that other policies and provisions would also be applicable.

No Modification to the policy and the justification and amplification for clarification purposes and for purposes of factual correction that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to the text for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No

Further to modification, the strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the strategy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the

Retailing and Town Centres

PM-043 PM-044 PM-045 PM-046 PM-047 PM-048 PM-049 PM-050 PM-051 PM-052

ECD4 Economic Development in the Countryside and justification and amplification paragraph7.1.24 and paragraph 7.1.25

PM-053 PM-054 PM-055 PM-056 PM-057

RET2 Retail Impact Assessment (RIA) and justification and amplification paragraph 7.2.19 and paragraph 7.2.21

RET1 Retail in Town Centres and justification and amplification paragraph 7.2.17

Amend Title and text to clarify that this policy covers Agricultural and Forestry Development uses.

Amend text to clarify criteria i. in part d.

Also amend text to clarify criteria to be met for criteria iv. in part f.

Amend policy to include reference to alternative sequentially preferable sites within whole catchment, to clarify the definition of ‘edge of centre’ and amend justification and amplification to refer to town centres instead of city centres.

Amend policy to clarify that a RIA is required in relation to any town centre rather than the relevant town centre in the catchment.

Amend policy to clarify that points a) and b) refer to area between town centre boundary and same towns settlement limit boundary.

Amend justification and amplification to clarify RIA thresholds apply to combined sized of proposed extension and existing development Amend justification and amplification to list factors to be addressed in RIA rather than signpost to them in SPPS.

Minor modification to the text for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Minor modifications to the text for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modifications to the policy and the justification and amplification for factual corrections in line with SPPS and for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to the policy for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modifications, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Tourism

Amend justification and amplification to clarify under what circumstances permission would be refused.

Amend policy to reflect paragraph 6.276 of the SPPS to highlight circumstances whereby extensions are acceptable in local centres.

PM-058

RET3 Retail in Villages, Small Settlements and Local Centres

PM-059

RET4 Rural Shops and Roadside Service Facilities – justification and amplification paragraph 7.2.24

Typing error, remove the word ‘of’.

PM-060 PM-061

TOU2 Tourism Development in Settlements and Tourism Opportunity Zones and justification and amplification new paragraph after 7.3.11

Addition of text to policy and justification and amplification as recommended in the draft HRA Report (September 2019) pages 16-20 to conform with and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended).

PM-062 PM-063

TOU 3 All Tourism Development in the Countryside and justification and amplification new paragraph after 7.3.14

Addition of text to justification and amplification as recommended in the draft HRA Report (September 2019), pages 16-20 to conform with and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended).

No Modifications to the policy for factual corrections in line with SPPS and for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to correct a typing error that does not change the aim/purpose of the policy from that originally assessed.

No Modification for the purposes of transparency and clarification as it has always been the case that that other policies and provisions of the LDP would also be applicable.

The proposed modification does not change the aim/purpose of the policy from that originally assessed.

No Modification for the purposes of transparency and clarification as it has always been the case that that other policies and provisions of the LDP would also be applicable.

The proposed modification does not change the aim/purpose of the policy

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Minerals

PM-064

TOU4 Tourist Amenities in the Countryside – justification and amplification paragraph 7.3.18

Add footnote to allow proposals to be considered in the absence of a published Council tourism strategy.

PM-065 PM-066 PM-067

TOU5 Hotels, Guest Houses and Tourist Hostels in the Countryside and justification and amplification paragraph 7.3.19 and paragraph 7.3.20

Amend policy and justification and amplification to replace term ‘nonlisted’ with term ‘Unlisted’.

PM-068

TOU6 Self Catering Accommodation in the Countryside – justification and amplification paragraph 7.3.28

Amend justification and amplification to replace term ‘nonlisted’ with term ‘Unlisted’.

PM-069 PM-070 PM-071

7.4 Introduction – paragraph 7.4.1, paragraph 7.4.2, paragraph 7.4.7

PM-072 PM-073 PM-074 PM-075 PM-076 PM-077

MIN1 Mineral Development – Extraction an Processing of Hard Rock and Aggregates and justification and amplification paragraph 7.4.14, paragraph

Amend text to clarify that 84,000 people are employed in Geoscience jobs and not directly employed in the minerals industry.

Recognise value of industry after processing raw products and clarifying that existing ACMDs will be reviewed at Plan Review stage.

Amend text to clarify there is not a presumption in favour in European Designated Sites. Addition of text to policy as recommended in the draft HRA Report (September 2019), pages 16-20. Clarify

Amend justification and amplification to clarify the type of evidence needed and explanation of environmental benefit.

from that originally assessed.

No Minor modification to the justification and amplification of the proposed policy for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modifications to the policy and the justification and amplification for factual corrections and for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to the justification and amplification for the purposes of factual correction that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to the text for clarification and factual correction that does not change the aim/purpose of the policy from that originally assessed.

No Modification to the policy and the justification and amplification for clarification purposes and for purposes of factual correction that

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in

PM-078 PM-079 PM-080 PM-081

7.4.15, paragraph 7.4.17, paragraph 7.4.18

PM-082 PM-083 PM-084 PM-085 PM-086

MIN2 Valuable Minerals

PM-087 PM-088

MIN3 Hydrocarbons

reasons for presumption against in SCAs. Replace or remove individual words to best suit available evidence, change emphasis from ‘can’ to ‘will’ in keeping with other policies and clarify which parts of this policy, exceptions under CS2 have to apply to.

Re-word policy to clarify there is not a presumption for development in European Designated Sites.

Remove reference to ‘cautious approach’. Clarify which parts of other minerals policies approvals under MIN2 have to comply with.

Addition of text to policy as recommended in the draft HRA Report (September 2019), pages 16-20.

Remove the term 'gases' as the term 'hydrocarbons' encompasses gases.

PM-089

MIN4 Areas of Constraint on Mineral Development – justification and amplification paragraph 7.4.28

PM-090 PM-091

MIN5 Area of Salt Reserve, Carrickfergus – justification and amplification paragraph 7.4.29 and paragraph 7.4.30

Remove reference to a ‘cautious approach’ in line with Policy MIN2 proposed amendment and amend text to clarify that proposals permitted under the exceptions in Policy MIN4 also have to comply with a-f of Policy MIN1 and Policy MIN8.

Amend text to a ‘valued’ mineral to avoid confusion with ‘Valuable minerals’ referred to in Policy MIN2 and to clarify that risk of subsidence

does not change the aim/purpose of the policy from that originally assessed.

terms of its impact on S75 groups.

No Modifications to the policy in line with wording in SPPS and for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modifications to policy text and justification and amplification for the purposes of transparency and clarification as it has always been the case that that other policies and provisions of the LDP would also be applicable.

The proposed modification does not change the aim/purpose of the policy from that originally assessed No Modification to the justification and amplification to ensure consistency with another policy, it does not change the aim of the policy from that originally assessed.

No Modification to justification and amplification for clarification purposes that does not change the

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in

could be from old and new shafts and old and new mining.

PM-092

MIN6 Development at Risk of Subsidence due to past or present underground mineral extraction

Typographical error– Add underscore to the hyperlink for the GSNI GeoIndex map viewer.

PM-093

MIN7 Peat Extraction – justification and amplification paragraph 7.4.36

Amend text to clarify that policy applies to new sites; extensions to existing sites and that extant permissions will not be renewed.

PM-094 PM-095 PM-096 PM-097 PM-098

MIN8 Restoration and Management of Mineral Sites and justification and amplification paragraph 7.4.39 and paragraph 7.4.41

Amend policy and justification and amplification to add an additional benefit to the list of benefits to be secured by restoration plans, to allow other sustainable options.

Amend policy to clarify that that commencement of restoration programmes is within an agreed timeframe from extraction ceases, either completely or in a particular phase, rather than date in time.

Amend text to accept that not all larger schemes can be restored in phases.

Housing in Settlements

PM-099

8.1 Introduction paragraph 8.1.5

Amend justification and amplification to explain requirements when phased restoration is not possible and to clarify that bonds will only be sought in exceptional circumstances.

Amend to replace term ‘non-listed’ with term ‘Unlisted’.

aim/purpose of the policy from that originally assessed.

No Minor modification to correct a typing error that does not change the aim/purpose of the policy from that originally assessed.

No Modification to the justification and amplification for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modification to policy for clarification purposes and to align with the justification and amplification that does not change the aim/purpose of the policy from that originally assessed.

terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

The modification potentially widens the choice of restoration plan options therefore increasing the potential for benefit.

No differential impact on S75 groups identified as a result of this modification.

Additional benefit widens options for restoration plans.

No Minor modification for the purposes of factual correction that does not

Further to modification, the policy will have no differential impact

PM-100

HOU1 Quality in New Residential Developments in Settlements – justification and amplification paragraph 8.1.15

Amend to clarify the relationship between policy HOU1 and SGS5.

PM-101

HOU3 Residential Extensions and Alterations – justification and amplification paragraph 8.1.29

Replace the word ‘house’ with the word ‘residential’ to be consistent with policy text.

PM-102

HOU5 Affordable Housing in Settlements – justification and amplification paragraph 8.1.38

Amend to require both the mix and ‘standard’ of affordable housing to be discussed with Housing Associations and NIHE.

PM-103

HOU6 Housing Mix (Unit Types and Sizes)

Amend to clarify the need for sufficient provision for smaller homes in new residential developments.

PM-104

HOU7 Adaptable and Accessible Homes

Amend to clarify it applies to all residential development rather than just ‘a new dwelling’.

change the aim/purpose of the policy from that originally assessed.

No Minor modifications to the justification and amplification for clarification purposes that do not change the aim/purpose of the policy from that originally assessed.

No Minor modification to the justification and amplification to ensure consistency with policy text that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to the justification and amplification for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modification to policy for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modification to policy for clarification purposes and to align with the justification and amplification that does not change the aim/purpose of the policy from that originally assessed.

than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Housing in the Countryside

PM-105

HOU9 Replacement Dwelling

Amend to replace term ‘non-listed’ with term ‘Unlisted’.

PM-106 PM-107

HOU16 Affordable Housing in the Countryside and justification and amplification paragraph 8.1.76

Amend text to include NIHE as one of those permitted to make an application and state the onus is on developer to demonstrate that there are no alternative available sites in settlement limits.

No Minor modification to policy for the purposes of factual correction that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification to justification and amplification for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

Modification has the potential to increase delivery.

Open, Space, Sport and Leisure

Transportation

PM-108 PM-109 PM-110 PM-111 PM-112 PM-113

OSL5 Sport and Outdoor Recreation Facilities and justification and amplification new paragraph before 8.2.22

PM-114 PM-115

TR6 Parking and Servicing – Footnote and paragraph 9.1.40

PM-116

TR7 Provision of Car Parks

Addition of text to policy as recommended in the draft HRA Report (September 2019), pages 16-20 to conform with and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended) and include additional explanatory text in justification and amplification.

Amend policy text to clarify that the section in relation to ‘Development of Facilities Ancillary to Water Sports’ refers to inland water sports.

Amend footnote referenced in policy box to align with the footnote used in Policy GP1 c) iv and remove references to those DCANs which have been withdrawn by DfI.

Amend wording in the policy box to align with the text changes

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

The modification potentially widens the scope for delivery of affordable housing in the countryside therefore increasing the potential for benefit. No differential impact on S75 groups identified as a result of this modification.

No Modifications to policy text and justification and amplification for the purposes of transparency and clarification as it has always been the case that that other policies and provisions of the LDP would also be applicable.

The proposed modification does not change the aim/purpose of the policy from that originally assessed.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

No Minor modifications to the text for purposes of factual correction that does not change the aim/purpose of the policy from that originally assessed.

No

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the

Flood Risk and Drainage

Renewable Energy

Telecommunications and Overhead Cables

recommended in the Draft Habitats Regulations Assessment Report of the draft Plan Strategy (September 2019), pages 16-20, in order to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.).

Amend wording to clarify which SuDS can be adopted by NI Water.

PM-117

FRD4 Sustainable Drainage (SuDS) – justification and amplification paragraph 9.2.39

PM-118 PM-119

FRD6 Development in Proximity to Controlled Reservoirs – justification and amplification paragraph 9.2.49 and paragraph 9.2.50

Amend reference to reflect the unconfirmed status of reservoirs and the abandonment of a reservoir and amend typographical error – ‘ensue’ rather than ‘ensure’.

PM-120 PM-121

Section 9.3 Introduction – paragraph 9.3.1 and associated footnote

Amend renewables figures to latest available.

PM-122 PM-123 PM-124 PM-125 PM-126 PM-127 PM-128 PM-129 PM-130 PM-131

RE1 Renewable Energy Development and justification and amplification paragraph 9.3.10, paragraph 9.3.14, paragraph 9.3.18 and paragraph 9.3.19

PM-132 PM-133

TOC1 Telecommunications and Overhead Cables and

Amend policy wording to align with the wording of the SPPS. Amend criteria l) to avoid any ambiguity around definitions. Also, simplify policy wording by removing cross references to countryside designations and instead rely on ‘other provisions of the LDP’ wording. Remove section on solar development to enable assessment of solar against main criteria.

Amend Title and policy wording to include specific reference to

Modification to policy for the purposes of transparency and clarification as it has always been the case that that other policies and provisions in the LDP would also be applicable.

No Modification to policy text for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Minor modifications to the justification and amplification for the purposes of factual correction and to amend a typing error that do not change the aim/purpose of the policy from that originally assessed.

No Minor modifications to the text for purposes of factual corrections that do not change the aim/purpose of the policy from that originally assessed.

Yes Proposed modifications alter the scope of the policy but do not change the aim/purpose of the policy from that originally assessed.

policy will have no differential impact than the original in terms of its impact on S75 groups.

Yes

Further to modifications, the

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modifications, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Waste Management

Historic Environment

PM-134 PM-135 PM-136 PM-137

justification and amplification after paragraph 9.4.13, paragraph 9.4.14

electricity infrastructure. Also, simplify policy wording by removing cross references to countryside designations.

PM-138

WMT3 Waste Disposal Sites – justification and amplification paragraph 9.6.25

Amend 'environmental heritage assets' wording to 'natural environment and heritage assets'.

PM-139

WMT4 Development in the vicinity of a Waste Management Facility – justification and amplification paragraph 9.6.30

Insert reference to ‘NI Water Development Encroachment Odour Assessment Policy and Procedure’.

PM-140

10.1 Introduction

Amend text to replace term ‘NonListed’ with ‘Unlisted’.

PM-141

HE1 Archaeological Remains and their settings – justification and amplification new paragraph after 10.1.21

Insert new paragraph after 10.1.21 of the justification and amplification clarifying what developers are required to do if they discover archaeological remains when a development commences.

PM-142 PM-143 PM-144 PM-145

HE6 Conservation Areas

Amend policy text to align with the SPPS in relation to demolition of buildings in a Conservation Area, to replace term ‘Non-Listed’ with ‘Unlisted’ and to ensure policy test is consistent throughout with regards to preservation and enhancement.

Proposed modifications widen the scope of the policy to specifically reference electricity infrastructure but do not change the aim/purpose of the policy from that originally assessed.

No Minor modification for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Minor modification for clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

No Modifications to the introductory text for factual correction that does not change the aim/purpose of the policy from that originally assessed.

No Modification for clarification of other legislative requirements that does not change the aim/purpose of the policy from that originally assessed.

No Modifications to the policy for clarification purposes in line with SPPS, and for factual corrections, that does not change the aim/purpose of the policy from that originally assessed.

policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Advertisements

PM-146 PM-147

HE8 Non-listed Locally Important Building or Vernacular Building and justification and amplification paragraph 10.1.57, paragraph 10.1.59, paragraph 10.1.60 and paragraph 10.1.63

Amend policy title and policy to replace term ‘Non-Listed’ with ‘Unlisted’.

PM-148 PM-149

HE9 Enabling Development for the Conservation of Heritage Assets – justification and amplification paragraph 10.1.64 and paragraph 10.1.66

Amend justification and amplification text to replace ‘significant place’ with ‘heritage asset’ and to provide clarity to applicants of what information is required as part of any submission.

PM-150 PM-151

AD1 The Control of Advertisements and Appendix K

Amend policy to ensure that the assessment criteria listed as a) to f) also apply to the two policy subheadings; Advertisements and Heritage Assets and Digital Advertising Screens.

No Modifications to the policy and the justification and amplification for factual corrections that does not change the aim/purpose of the policy from that originally assessed.

No Modifications to the justification and amplification for clarification purposes and to ensure consistency of terminology that do not change the aim/purpose of the policy from that originally assessed.

No Modification for the clarification purposes that does not change the aim/purpose of the policy from that originally assessed.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

No Modification to the introductory text to ensure consistency of approach in referencing natural heritage designations that does not change the aim/purpose of the policy from that originally assessed.

No Modification to the justification and amplification for purposes of factual correction and to ensure consistency of approach in referencing

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Amend Appendix K to remove ambiguity between guidance and policy.

Natural Heritage

PM-152

NAT Intro paragraph 11.1.7

Amend to replace the term ‘Internationally’ to reference International and European.

PM-153

NAT1 European and Ramsar Sites – International justification and amplification paragraph 11.1.8

Amend justification and amplification to ensure correct reference to natural heritage designations, remove inference that Ramsar sites are designated under European law clarify how Ramsar sites are designated.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

PM-154

NAT2 Species Protected by Law – justification and amplification paragraph 11.1.11

Amend justification and amplification to include a link to the Priority Species list.

PM-155

NAT4 Sites of Nature Conservation Importance – Local – justification and amplification paragraph 11.1.13

Amend to remove reference to the fact that Ulster Wildlife Trust can establish a Local Nature Reserve and add an additional sentence to provide clarity on who has responsibility for their designation.

natural heritage designations that do not change the aim/purpose of the policy from that originally assessed.

No Minor modification to ensure consistency of approach in referencing relevant external sources of information that does not change the aim/purpose of the policy from that originally assessed.

No Minor modifications to the text for purposes of factual correction that do not change the aim/purpose of the policy from that originally assessed.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Further to modification, the policy will have no differential impact than the original in terms of its impact on S75 groups.

Mid and East Antrim Borough Council Planning Office Silverwood Business Park 190 Raceview Road Ballymena BT42 4HZ