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Statement of Community Involvement Involving the community in the preparation of minerals and waste policy documents and dealing with planning applications for minerals, waste and County Council developments in Hampshire A guide for elected members, local communities, other local planning authorities, developers and other interested parties November 2016 (Consultation Draft)

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Page 1: Statement of Community Involvement - Hampshire · 1.2. What this Statement of Community Involvement covers 1.2.1. 1.2.2. 1.2.3. This SCI describes how HCC will: • meet legal requirements

Statement of Community Involvement

Involving the community in the preparation of minerals and waste policy documentsand dealing with planning applications for minerals, waste and County Council

developments in Hampshire

A guide for elected members, local communities, other local planning authorities,developers and other interested parties

November 2016 (Consultation Draft)

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ContentsHave YOUR Say on the revised Statement of Community Involvement (2016) .................... 1How to get involved in planning at Hampshire County Council ............................................. 21. Introduction to the Hampshire Statement of Community Involvement ............................... 3

1.1. Why does Hampshire County Council need to prepare a Statement ofCommunity Involvement? ..................................................................................... 3

1.2. What this Statement of Community Involvement covers .................................... 51.3. What this Statement of Community Involvement does not cover ....................... 61.4. Meeting the Duty to Co-operate .......................................................................... 61.5. How does the Statement of Community Involvement link to other Corporate

strategies, policies and procedures? .................................................................... 7Community Strategy ...................................................................................... 7E-Government ................................................................................................ 7Equalities ....................................................................................................... 8Privacy and Data Protection .......................................................................... 9Plain English .................................................................................................. 9

2. Who needs to be involved in the planning process in Hampshire? ................................. 103. How will communities be engaged in the development of a Minerals and Waste Local

Plan or Supplementary Planning Documents in Hampshire? ........................................ 143.1. Preparation and adoption of a Minerals and Waste Local Plan ........................ 153.2. Preparation and adoption of Supplementary Planning Documents .................. 25

4. How will communities be engaged in Development management in Hampshire - minerals,waste and County Council development planning applications? ................................... 30

4.1. Pre application discussions .............................................................................. 314.2. Publicity and consultation on planning applications being considered by

Hampshire County Council ................................................................................. 324.3. How to comment on a planning application being considered by Hampshire

County Council ................................................................................................... 384.4. How notification will take place for planning applications determined by

Hampshire County Council ................................................................................. 404.5. Planning Appeals - publicity and notification .................................................... 434.6. How can communities and interested parties stay involved after planning

permission is granted or on other planning matters? ......................................... 455. Neighbourhood Planning in Hampshire ........................................................................... 476. Monitoring the implementation of the Hampshire Statement of Community Involvement 487. Where can I find out more information on planning issues and the Hampshire Statement

of Community Involvement? ........................................................................................... 49Glossary ............................................................................................................................... 50Appendices .......................................................................................................................... 54

Appendix 1: Options for community involvement in minerals and waste plan-making............................................................................................................................. 55

Appendix 2: Options for community engagement in development management .... 60

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Have YOUR Say on the revised Statement of CommunityInvolvement (2016)

The current Hampshire Statement of Community Involvement (SCI) was adopted byHampshire County Council (HCC) in 20141. This incorporated changes to various changespieces of legislation such as the Planning Act 20082, the Localism Act 20113 and Town andCountry Planning Local Planning Regulations (2012)4.

As communities and interested parties are fundamental to the planning process, HampshireCounty Council (HCC) is seeking views on the revisions to the Statement of CommunityInvolvement (SCI). HCC welcome any comments on the contents of the draft. This revisedSCI includes:

• improved procedures;• reflects changes to national planning practice guidance; and• reflects changes to HCC strategies, policies and guidance.

Local communities and interested parties are asked for their views on the content of the draftHampshire SCI through a consultation which will run from 7 November 2016 to 19 December2016.

Copies of this draft SCI are available to view at the following locations:

• on the HCC website at www3.hants.gov.uk/mineralsandwaste/sciconsultation2016; or

• electronically at Hampshire's libraries, Discovery Centres and InformationCentres; and at

• HCC offices in Winchester (by appointment and during normal office hours).

The associated response form is available to download at the following location:www3.hants.gov.uk/mineralsandwaste/sciconsultation2016.

A summary report of the outcomes of the consultation will be produced following thecompletion of the consultation and will be available to view on the HCC website (as above)once published.

The outcomes of the consultation will be taken into account through the finalisation of theSCI, as appropriate before it is considered for adoption by the Council in 2017.

If adopted SCI will replace the SCI which was adopted by HCC in May 20145.

1. Hampshire Statement of Community Involvement (2014): http://documents.hants.gov.uk/HampshireSCIAdoptedFinalMay2014.pdf

2. Planning Act 2008: www.legislation.gov.uk/ukpga/2008/29/contents3. The Localism Act (2011): www.legislation.gov.uk/ukpga/2011/20/contents/enacted sets out a series of measures

which sought to achieve a substantial and lasting shift in power away from central government and towards localpeople. The Act has resulted in a streamlining of plan preparation as well as a number of other relevant changes.

4. Town and Country Planning (Local Planning (England) Regulations 2012: www.legislation.gov.uk/uksi/2012/767/contents/made

5. Currently adopted Hampshire Statement of Community Involvement (2014): http://documents.hants.gov.uk/HampshireSCIAdoptedFinalMay2014.pdf

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How to get involved in planning at Hampshire County Council

If it is important to you how Hampshire develops in the future, you can contribute to decisionsshaping its development. Everyone in Hampshire uses minerals and discards waste.Everyone in Hampshire is therefore an interested party in these industries. HampshireCounty Council (HCC) is also responsible for the provision of important community facilitiessuch as schools, social service infrastructure and libraries which are important to all ofHampshire's residents in one way or another. This means that local communities, interestedparties and consultees will be affected by proposals or site allocations for minerals or wastesites as well as County Council developments in Hampshire.

HCC is committed to encouraging and improving participation from all sections of thecommunity. The Hampshire Statement of Community Involvement (SCI) is a statement ofpolicy for involving local communities, consultees and interested parties in matters relating tominerals, waste and County Council developments within their local area.

There are many other ways in which you can get involved in planning in Hampshire. Thismay include:

• commenting on Minerals and Waste Development Local Plans and associateddocumentation as they are published for consultation;

• checking HCC's website for details of minerals, waste or County Councilproposals and submitting your views;

• reading site notices, newspaper announcements, parish newsletters/noticeboards to find out more about local proposals and reading newsletterson planning policy work;

• visiting HCC or your local District or Borough Council offices to look atplanning application documentation for local minerals, waste or CountyCouncil development proposals;

• responding with your comments on proposals if you get a direct neighbournotification letter about proposals that you have any other interest and andsubmitting your views;

• getting involved in emerging neighbourhood plans for your area; and• attending public meetings and exhibitions about minerals, waste and County

Council development proposals for your area.

If you’re short of time remember you can:

• access HCC's website at www.hants.gov.uk/mineralsandwaste; or• email the planning team at HCC at [email protected]

IT facilities are available for use, for free, in all local libraries, including some evenings andweekends if you don't have access to a computer.

If you need help to view or understand documents or plans produced by HCC, the councilcan make information available in alternative formats or languages.

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1. Introduction to the Hampshire Statement of CommunityInvolvement

1.1. Why does Hampshire County Council need to prepare a Statement ofCommunity Involvement?

1.1.

1.2.

1.3.

1.4.

1.5.

Involving the local community (consultees and interested parties) in the planningprocess is seen as a priority by the Government, who want Local Planning Authorities(LPA) like Hampshire County Council (HCC) to make it easier for everyone to beinvolved in planning decisions in their local area.

This Statement of Community Involvement (SCI) is a statutory planning documentwhich HCC is required to prepare by planning legislation6. It is a statement of policy forinvolving local communities in matters relating to development within the local area. Inrelation to HCC's planning role, the SCI relates to minerals, waste and County Councildevelopments.

HCC as Local Planning Authority has the following responsibilities in relation toplanning in Hampshire:

• prepare minerals and waste planning policy (minerals and waste plan's andassociated documents);

• determine planning applications for mineral and waste managementdevelopments and County Council proposals such as schools and libraries;

• monitor (and enforce when required) mineral and waste management sites toensure compliance with planning permissions granted; and

• enforce planning control on unauthorised minerals and waste developments.

Involvement in the preparation of Minerals and Waste Plans and in the planningapplication process are key areas where local communities and interested parties canbe involved in the planning process in Hampshire. There are various ways in whichthis can be achieved. The SCI describes how HCC will involve the local community inthese areas.

This SCI includes improved procedures for involving Hampshire's local communitiesthe planning duties undertaken by the County Council. It also reflects changes tonational planning practice guidance7corporate strategies, policies and guidance aswell as the councils involvement in neighbourhood plans.

1.1.1. HCC is committed to encouraging and improving participation from all sections of thecommunity in planning. It is important that local communities are involved in shapingtheir local area. There are many benefits to be gained from consulting with the localcommunities. These include benefits highlighted in the following diagram:

6. Planning and Compulsory Purchase Act 2004, section 18: www.legislation.gov.uk/ukpga/2004/5/contents7. National Planning Practice Guidance: http://planningguidance.communities.gov.uk/blog/guidance/consultation-and-

pre-decision-matters/public-consultation/],

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1.1.2.

1.1.3.

1.1.4.

1.1.5.

Figure 1: Benefits associated with consultation with local communities on planning issues

The introduction of the Planning and Compulsory Purchase Act 20048 was intended tomake the planning system more efficient and relevant to local people. The Act9 setsout the requirement for a Local Planning Authority to: 'prepare a statement ofcommunity involvement as a statement of the authority's policy to the involvement inthe exercise of the authority's functions of persons who appear to the authority to havean interest in matters relating to development in their area'.

Section 18 of the Act also defines a local planning authority’s SCI as: 'a statement oftheir policy for involving interested parties in matters relating to development in theirarea'.

The SCI is a Local Development Document and not a Development Plan Document(i.e. it is not a spatial plan and has not been subject to a Public Examination by anindependent Planning Inspector).

HCC will have a duty to comply with its SCI once it has been adopted10.

8. Planning and Compulsory Purchase Act 2004, section 18: www.legislation.gov.uk/ukpga/2004/5/contents9. Planning and Compulsory Purchase Act 2004, Part 2 sections 18, 19, 26 and 28 and Part 3: www.legislation.gov.uk/

ukpga/2004/5/contents10. Planning and Compulsory Purchase Act 2004, Part 2 section 19: www.legislation.gov.uk/ukpga/2004/5/contents -

'Once the authority have adopted their statement of community involvement they must comply with it in preparing anylocal development document'

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1.2. What this Statement of Community Involvement covers

1.2.1.

1.2.2.

1.2.3.

This SCI describes how HCC will:

• meet legal requirements to ensure community involvement in the planningprocess, who should get involved, when, and how (see Who needs to beinvolved in the planning process in Hampshire? [See page 10]);

• involve the local communities and interested parties at each stage of plan-making for Minerals and Waste Plan's or associated planning documents e.g.Supplementary Planning Documents – (see Planning Policy - Preparation of aMinerals and Waste Plan or Supplementary Planning Documents) [See page14];

• involve the local communities and interested parties in coming to decisionson planning applications for minerals, waste and County Councildevelopments (see Development management - minerals, waste and CountyCouncil development planning applications); [See page 30] and

• provide feedback to local communities and interested parties.

The SCI covers the administrative area of HCC only, as set out in the following map:

Figure 2: The area this Statement of Community Involvement covers - Hampshire CountyCouncil

With regards to plan-making, HCC has worked in partnership with other Minerals andWaste Planning Authorities to produce joint minerals and waste development plans.Most recently this has included the adopted HMWP (2013)11.

11. Hampshire Minerals and Waste Plan (2013): www3.hants.gov.uk/mineralsandwaste/planning-policy-home.htm

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1.3. What this Statement of Community Involvement does not cover

1.4. Meeting the Duty to Co-operate

1.2.4. Further information on how to contact the HCC Strategic Planning team can be foundin Where can I find out more information on planning issues and the HampshireStatement of Community Involvement? [See page 49].

1.3.1.

1.3.2.

What this Statement of Community Involvement covers [See page 5] shows theadministrative area covered by this SCI. The SCI does not cover the administrativeareas of Hampshire’s other Minerals and Waste Planning Authorities (SouthamptonCity Council (SCC), Portsmouth City Council (PCC), the New Forest National ParkAuthority (NFNPA) or the South Downs National Park Authority (SDNPA).Hampshire’s other Minerals and Waste Planning Authorities produced their ownSCIs12 13 14 15 describing how each Council will seek to get their own local communitiesinvolved in the most effective way. These SCIs may reference the Hampshire SCI withregards to minerals and waste plan-making and the involvement of local communitiesand interested parties in the implementation and monitoring of the relevant adoptedminerals and waste plan and any subsequent guidance documents produced as partof the plan-making partnership.

SCC, PCC, NFNPA and the SDNPA are also the determining authorities for other nonminerals and waste developments (e.g. housing, offices, industrial, retail units etc) aswell as Hampshire's District, and Borough Councils16. This SCI does not relate to othernon minerals, waste or County Council developments as HCC is not the determiningLocal Planning Authority for other such proposals. Like the City Councils and NationalPark Authorities, Hampshire's District and Borough Councils will also have their ownSCIs which describe how each Council will seek to get their own local communitiesinvolved in the planning process.

1.4.1. In particular, the Localism Act 201117 introduced the 'duty to co-operate' and set outthe requirements for consultation with key bodies and organisations on matters ofstrategic cross-boundary significance. The SCI meets the requirements for the duty byensuring co-operation18 with:

12. Southampton Statement of Community Involvement: www.southampton.gov.uk/s-environment/policy/developmentframework/communityinvolvement/

13. Portsmouth Statement of Community Involvement: www.portsmouth.gov.uk/yourcouncil/25280.html]14. New Forest National Park Statement of Community Involvement: www.newforestnpa.gov.uk/info/20040/planning

policy/106/community involvement]15. South Downs National Park Statement of Community Involvement: www.southdowns.gov.uk/planning/planning-policy/

local-plan/statement-of-community-involvement16. Hampshire's District and Borough Councils: www3.hants.gov.uk/index/council/localgov.htm17. Localism Act 2011: www.legislation.gov.uk/ukpga/2011/20/contents18. National Planning Policy Framework, paragraph 178 (DCLG, 2012): www.gov.uk/government/publications/national-

planning-policy-framework--2

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1.5. How does the Statement of Community Involvement link to otherCorporate strategies, policies and procedures?

Community Strategy

E-Government

1.4.2.

• Hampshire's District, Borough and Unitary Councils;• surrounding Minerals and Waste Planning Authorities such as the other

Hampshire Minerals and Waste Planning Authorities (Southampton CityCouncil, Portsmouth City Council, the New Forest National Park Authority andthe South Downs National Park Authority), Dorset County Council, WiltshireCouncil, West Sussex County Council, Isle of Wight Council, West BerkshireCouncil and Surrey County Council);

• other minerals and waste planning authorities with an interest in minerals andwaste activities in Hampshire; and

• those that have a related mineral or waste interest.

Consequently, in preparing minerals and waste plans and in circumstances wheredevelopment in Hampshire may impact other areas, it is important to involveneighbouring LPAs and other consultees and interested parties. As a result, the dutyto co-operate is also an important consideration and is reflected in this SCI.

1.5.1. Consultation and public engagement on planning matters will take place in line withthe Council's Corporate strategies, policies and guidance.

1.5.2.

1.5.3.

1.5.4.

The Government has indicated that it would like to see greater integration betweencommunity strategies and planning documents. In 2000, the Local Government Act19

gave local authorities increased responsibility for promoting the economic, social andenvironmental well-being of their area. Hampshire’s current community strategy – theHampshire Sustainable Community Strategy (HSCS)20, was published in 2008 andcovers 2008-2018 to reflect this.

The statutory duty for the County Council to prepare a community strategy hasrecently been revoked. The HSCS is currently still referenced in the Council's policyframework as set out in the constitution21. The County Council is working on a revisedCorporate Strategy which will replace the provisions of the HSCS in due course.

Minerals and waste plan-making and the determination of minerals, waste or CountyCouncil planning applications, both have a role to play in supporting the delivery of theHSCS and any replacement put in place in the future.

1.5.5. Electronic communication provides a way to disseminate large amounts of information.This is especially important for the more rural areas of the county where it can bedifficult for some residents to get to the council offices. The HCC SuperfastBroadband22 initiative will help to ensure Hampshire’s communities find it easier to

19. Local Government Act 2000: www.legislation.gov.uk/ukpga/2000/22/contents20. Hampshire Sustainable Community Strategy (Hampshire County Council and Hampshire Strategic Partnership, 2008):

www.hants.gov.uk/localareaagreement/hampshirescs.htm21. Hampshire County Council Constitution: www3.hants.gov.uk/constitution.htm

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Equalities

1.5.6.

1.5.7.

1.5.8.

1.5.9.

access information on planning applications, minerals and planning policy documentsand make representations to the Council.

The County Council is committed to making the most appropriate use of electroniccommunication when undertaking consultation and notification activities. As a result,this SCI outlines several areas where email or use of the internet will be the primarymethod of communication when engaging communities during the plan makingprocess or consulting on planning applications. Nevertheless, reliance on electroniccommunication will not always be appropriate and we will still use site notices andletters where these are necessary to ensure effective communication.

HCC has a dedicated website for its Strategic Planning section23. This provides theopportunity for consultees and other interested parties to view:

• relevant minerals and waste policies (e.g. the adopted Minerals & Waste Plan)and associated documentation;

• planning applications (minerals, waste or County Council developmentplanning applications) and their associated documentation:

• consultation responses;• representations received by HCC on proposals being considered by

the authority;• supporting documentation;• associated reports and recommendations;• decision Notices (for minerals, waste and County Council development

planning applications); and• associated Article 27 decisions (Discharge of planning condition).

It is possible for applicants to download planning application forms and to submitplanning applications online through the HCC website24.

The website also provides information on how local communities, consultees andinterested parties to make representations on planning applications being consideredby HCC.

1.5.10.

1.5.11.

1.5.12.

The Councils website include information on equalities25. The Council also has anumber of equalities objectives26.

In order to show due regard to the Equality Act 201027, all minerals and waste planmaking work will be subject to an Equalities Impact Assessment (EQIA) as part of planpreparation, in order to identify and eliminate any discrimination.

As a minimum standard, all documents and information produced will be available, onrequest, in a variety of other languages and in other formats such as Braille, large print

22. Hampshire Superfast Broadband: www.hampshiresuperfastbroadband.com23. Hampshire County Council website (planning section): www.hants.gov.uk/mineralsandwaste24. Hampshire County Council link to planning portal: www.hants.gov.uk/make-an-application.htm25. Equalities and HCC: www3.hants.gov.uk/equality.htm26. HCC Equalities objectives: www3.hants.gov.uk/equality/equality-objectives.htm]27. Equality Act 2010: www.legislation.gov.uk/ukpga/2010/15/contents

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Privacy and Data Protection

Plain English

1.5.13.

and audio media versions. Relevant voluntary and community groups will be involvedwhere appropriate.

For planning applications taken to the Regulatory Committee, issues such as safetyand security, well-being and quality of places are addressed in relation to equalities inany associated Committee Decision Report.

1.5.14.

1.5.15.

1.5.16.

1.5.17.

1.5.18.

The County Council complies with the provisions and principles of the Data ProtectionAct 199828.

As part of the planning process, we need to display representations received onplanning applications. The Council's planning application webpages includeinformation on the display of names and addresses of applicants, and those makingcomments and representations on planning applications. We will remove sensitiveinformation from any responses received from members of the communities prior todocuments being uploaded to the website. The Council cannot accept anonymous,private or confidential representations for planning applications.

Written correspondences associated with the Council's planning duties may alsoinclude a reference to the handling of your information following representations beingmade on planning matters.

The County Councils website includes more information on the handling of data29.

In the event that national policy or guidance on data protection or privacy is changed,the discharge of the Council's planning duties will meet any new or amendedrequirements.

1.5.19.

1.5.20.

1.5.21.

HCC will ensure that all written communications are written in Plain English.

Where appropriate, written communications associated with planning work will besubject to a Plain English audit.

Non-technical summaries of evidence base documents produced as part of mineralsand waste plan-making will be produced, as appropriate. These will be prepared andmade available alongside the main documents.

28. Data Protection Act 1998: http://www.legislation.gov.uk/ukpga/1998/29/contents29. HCC and data handling: www.hants.gov.uk/aboutthecouncil/strategiesplansandpolicies/dataprotection

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2. Who needs to be involved in the planning process inHampshire?

2.1.

2.2.

2.3.

Hampshire County Council (HCC) is committed to ensuring local communities(consultees and interested parties) have an opportunity to be involved in planningdecisions and matters that affect them. This section of the Statement of CommunityInvolvement (SCI) considers who needs to be involved in the minerals and waste plan-making process and planning application process (minerals, waste and CountyCouncil developments) in Hampshire.

Since they may be affected by planning decisions and plan making or have specificknowledge to contribute, consultees (organisations and individuals who are consultedon plan-making and /or planning applications) and interested parties need anopportunity to make their views known. To do this effectively, it is necessary to firstidentify the relevant consultees and interested parties for those developments theCounty Council deals with.

Since most people who live or work in Hampshire rely on minerals and produce waste,the local community, therefore includes most of the people, groups and organisationswho live, work or spend time in Hampshire. Likewise, a large proportion of Hampshiremay have an interest in County Council developments. Together, they may all beaffected by minerals and waste plan-making or impacted by minerals, waste or CountyCouncil developments and therefore all have a ‘stake’ or an interest in the planningprocess. The local community may also include Hampshire's neighbouring areas.Therefore, for minerals and waste planning (plan-making and planning applications)and county council developments in Hampshire, it is suggested that the localcommunity includes anyone who is identified in the following diagram:

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2.4.

Figure 3: The Local Community for minerals, waste and County Council developments

The following diagram provides some examples of consultees and interested partieswho may have any interest in minerals and waste plan-making and planningapplications in Hampshire. They are divided into the following categories:

• statutory consultees (those bodies which are automatically consulted on minerals andwaste plan-making or all minerals, waste or County Council planning applications);

• other consultees and interested parties; and• marginalised communities and groups.

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2.5.

2.6.

Figure 4: Examples of consultees and interested parties for minerals and waste plan-making andplanning applications (minerals, waste and County Council developments) in Hampshire

The diagram gives examples of the range of groups which could be involved in theplanning decisions and plan-making undertaken by the council. It sets out thoseinterested parties and consultees who may need to be involved in plan-making or inthe planning application process as they have a known interest and/or who haveexpressed an interest in getting involved.

It is important to note that this SCI does not set out an exhaustive list ofconsultees or interested parties. HCC will comply with Regulation 2 of the Townand Country Planning (Local Development) (England) Regulations 200430 31 inidentifying consultees at all times. HCC will only consult with bodies where the subjectmatter of the Plan or planning application affects them or where a specific request hasbeen made to be consulted. Relevant 'other consultees and interested parties' and'marginalised communities and groups' groups will be identified and contacted asappropriate, depending on the nature of the issue. More detailed information onconsultees and interested parties is provided the council’s website32.

30. Local Planning Regulations (March 2012) – replaced and consolidated all previous regulations:www.legislation.gov.uk/uksi/2012/767/contents/made

31. The Town and Country Planning (Local Planning) (England) Regulations 2012: www.legislation.gov.uk/uksi/2012/767/contents/made

32. Engaging communities and interested parties in planning: www3.hants.gov.uk/mineralsandwaste/sci-2.htm

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2.7. For some people it may be difficult to get involved in planning matters and decisionsfor all sorts of reasons. These bodies are sometimes called ‘marginalised communitiesand groups'. Such groups may change over time. The following methods will be usedto facilitate the involvement of these groups in the planning process:

• Officers will assess the involvement of hard to reach groups or individualsduring the production of planning policy documents and the consideration ofplanning applications and how best to contact and involve them;

• Use of ‘Plain English’ in documents and other published material (see PlainEnglish [See page 9] and Equalities [See page 8]);

• Documents can be produced in other formats on request (including Braille,large print and documents in languages other than English); and

• Where the demand is significant and resources allow documents will beavailable to be accessed electronically at the nearest Library, DiscoveryCentre of Information Centre.

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3. How will communities be engaged in the development of aMinerals and Waste Local Plan or Supplementary PlanningDocuments in Hampshire?

3.1.

3.2.

3.3.

3.4.

3.5.

This section of the Statement of Community Involvement (SCI) considershow Hampshire County Council (HCC) will:

• publicise and consult on the Local Plans produced for minerals and waste inHampshire;

• publicise and consult on any supplementary minerals and waste plan work inHampshire, produced to support the implementation of the adopted Mineralsand Waste Local Plan;

• manage responses received as part of consultation on plan-making; and• outline how the local community, consultees and interested parties will be

involved in the development of Minerals and Waste Local Plans andassociated documentation in Hampshire.

The Hampshire Minerals & Waste Plan (HMWP) (2013)33 was prepared by HCC inpartnership with Portsmouth and Southampton City Councils and the New Forest andSouth Downs National Park Authorities. It was adopted in 2013 and is thedevelopment plan for minerals and waste matters for the whole of Hampshire.

When preparing a Minerals and Waste Plan, HCC will prepare a Minerals and WasteDevelopment Scheme (HMWDS). This sets out a project timetable which givesinformation and detail about the preparation and review of minerals and wastedevelopment documents in Hampshire. The HMWDS provides information on whenformal consultation will take place within the timetable.

The HMWDS will not cover any of the administrative areas covered by otherauthorities who may be working in partnership with HCC on minerals and waste plan-making. The other authorities will be responsible for preparing their own LocalDevelopment Schemes (LDS) but may signpost the HMWDS in relation to preparationof minerals and waste plans and associated work (where this work is part of the plan-making partnership).

The SCI sits alongside the adopted minerals and waste plan as well as and otherplanning documents. This is highlighted in the following diagram:

33. Hampshire Minerals and Waste Plan (2013): www3.hants.gov.uk/mineralsandwaste/planning-policy-home.htm

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3.1. Preparation and adoption of a Minerals and Waste Local Plan

3.6.

3.7.

Figure 5: How the Statement of Community Involvement relates to other Minerals and Wastepolicy documents

The HMWDS will be available online on the HCC website34. Further information canalso be obtained from HCC (see Where can I find out more information on planningissues and the Hampshire Statement of Community Involvement? [See page 49]).

The HMWDS will be monitored and updated if new minerals and waste plans orassociated planning documents need to be produced, or changes to the publishedtimetable are required. Any updates to the HMWDS will also be made available on theHCC website.

3.1.1.

3.1.2.

It is important that community involvement begins at the start of plan preparation sothat there are opportunities to raise relevant issues, considerations or concerns whichlocal communities (consultees and interested parties) wish the plan to take on board,and to ensure any options are considered early on. HCC considers it vital to keep localcommunities informed about the progress of plans and the outcome of consultations.

The stages that each planning document has to go through during its preparation,together with the community involvement and consultation is required at each stage, isset out in the Town and Country Planning (Local Planning) (England) Regulations201235. The following diagram sets out the key stages of plan-making and explainshow HCC's commits to consult and inform interested parties at each of these stages.

34. Hampshire County Council website (planning section): www.hants.gov.uk/county-planning35. Town and Country Planning (Local Planning) (England) Regulations 2012: www.legislation.gov.uk/uksi/2012/767/pdfs/

uksi 20120767 en.pdf

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Figure 6: Stages of plan-making as set out in the Town and Country Planning (Local Planning)(England) Regulations 2012

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3.1.3.

3.1.4.

3.1.5.

3.1.6.

Further information on each of the stages in the preparation of Local Plans is availablefrom the Planning Advisory Service36.

How will Hampshire County Council meet the requirements of the StrategicEnvironmental Assessment Directive and the Habitats Regulations?

HCC will prepare an environmental report, as required under the StrategicEnvironmental Assessment (SEA) Directive37 to support any minerals and waste plan-making. HCC combines this with Sustainability Appraisal in a process known asIntegrated Sustainability Appraisal (ISA). ISA work to be undertaken is noted in Stages1 to 4 of figure 9.

HCC also has a duty to ensure that any Plan (and associated documentation)prepared is in accordance with the Conservation of Habitats and Species Regulations2010 (the Habitats Regulations)38. This assessment examines the impact that a Planwould have on the integrity of the sites designated under the EU Habitats Directive. Allminerals and waste plan-making will be undertaken in accordance with therequirements of the 2010 Regulations as appropriate. Relevant statutory consultees(e.g. Natural England) will be consulted in relation to this issue as HRA work emerges

HCC will ensure that relevant statutory consultees. other consultess and interestedparties have an opportunity to comment on the ISA and HRA throughout itsdevelopment to allow the findings to inform the development of any Plan andassociated documentation being produced.

36. Planning Advisory Service website: www.pas.gov.uk/plan-making37. Strategic Environmental Assessment (SEA) Directive: ec.europa.eu/environment/eia/sea-legalcontext.htm38. Conservation of Habitats and Species Regulations 2010: www.legislation.gov.uk/uksi/2010/490/contents/made]

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3.1.7.

3.1.8.

3.1.9.

3.1.10.

3.1.11.

3.1.12.

Consultation on plan-making

Planning legislation39 sets out specific consultation groups that HCC must contact forplan-making including:

• statutory agencies;• organisations; and• government departments.

It also identifies General Consultation Bodies who may be contacted. The consulteelist which sits alongside this SCI40 provides more information on the members orpotential members of these ‘consultation bodies’.

An extensive database of consultees and interested parties thought likely to have aninterest in mineral and waste planning policy in Hampshire is maintained and updatedas required by HCC. This database has been built up by those who have previouslycontributed to consultations on Hampshire's minerals and waste plan-making workover the years and have requested to be kept informed. Everyone on this databasehas been contacted to confirm their continuing interest and in community involvementas part of the preparation of plan-making work and this SCI.

Any organisation or individual can be added to this list at any time by emailing, writingto or telephoning the Strategic Planning (minerals and waste policy) at HCC with theirdetails (see Where can I find out more information on planning issues and theHampshire Statement of Community Involvement? [See page 49]).

The involvement of organisations and individuals on the list of consultees may betailored by HCC officers to particular interests or circumstances for plan-making. Forexample, some consultees and interested parties may:

• be concerned only with mineral planning issues whereas others may wish tobe consulted on waste matters; and

• only be concerned with development in certain geographical locations.

As already indicated, the Localism Act 201141 introduced a 'duty to cooperate' onplanning issues that cross administrative boundaries42. This co-operation must bedone ‘constructively, actively and on an on-going basis’. This may in some casesinvolve consulting with authorities who are not geographically adjacent. For thepurposes of the minerals and waste plan-making, the duty is taken to apply to theauthorities and bodies who are impacted by the minerals and waste provision orrequirements for Hampshire. Various stages of plan-making can include consultationperiods as noted in the diagram earlier in this section.

39. Town and Country Planning (Local Planning) (England) Regulations 2012 replaced and consolidated all previousregulations: www.legislation.gov.uk/uksi/2012/767/contents/made

40. Engaging communities and interested parties in planning: www3.hants.gov.uk/mineralsandwaste/sci-2.htm41. Localism Act 2011: www.legislation.gov.uk/ukpga/2011/20/contents/enacted42. Localism Act 2011, section 110: www.legislation.gov.uk/ukpga/2011/20/contents/enacted

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3.1.13.

3.1.14.

3.1.15.

In the event of a consultation, consultees and interested parties will be invited to makecomments on:

• consultation documents produced as part of plan preparation;• evidence base documents that are produced to sit alongside the various

stages of plan-making (as appropriate);• draft Plans; and• proposed modifications to the submission Plan (as required).

Consultation will take place for a minimum of six weeks (or period set by the otherplan-making partner SCIs above six weeks).

A variety of approaches will be used by HCC to involve the local community inpreparing any further or future minerals and waste plans and associateddocumentation. Appendix 1: Options for community involvement in minerals and wasteplan-making [See page 55] links the techniques outlined in this section of the SCI aswell as other techniques to the specific stages of preparing the HMWP and anysubsequent minerals or waste plans or associated documentation which may beprepared. The following diagram sets out the types of consultation methods whichHCC will use to consult on minerals and waste plan-making in Hampshire.

Figure 7: Consultation methods for minerals and waste plan-making

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3.1.16.

3.1.17.

3.1.18.

Important information relevant to the previous diagram:

• The Hampshire County Council Statutory Notices List is available online:www.hants.gov.uk/publicnotices

• Viewing documents:• The Hampshire County Council website (planning section):

www.hants.gov.uk/county-planning / www.hants.gov.uk/mineralsandwaste/planning-policy-home.htm

• Information on Hampshire's Discovery Centres and Libraries isavailable online: www.hants.gov.uk/discoverycentres /www.hants.gov.uk/library

• Hampshire has one Information Centre at New Milton• The Hampshire Independent is a free local newspaper. It can be viewed

on-line at: www.hantsdirect.com. Copies are also available in a numberof locations across the county including local supermarkets.

• Neighbourhood notification: The distances of 50 metres or 100 metres fromthe proposed site boundary, as shown on GIS mapping provided by OrdnanceSurvey. All address points within these distances will be notified.

Commenting on plan-making

Anyone can comment during the preparation of a Minerals and Waste Plan bysubmitting comments to HCC for consideration.

The plan-making process offers stages in which local communities (consultees andinterested parties) will be asked for their views (as identified in the stage of plan-making diagram). Guidance on how to respond to consultations on plan-making will beissued at the time of the consultation.

The HCC website provides the opportunity to comment on the plan-making process inthe following ways:

[email protected]

see Where can I find out more information on planning issues and theHampshire Statement of Community Involvement? [See page 49]

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3.1.19.

3.1.20.

What will happen to the comments received?

The following will occur when comments are received in relation to plan-making:

Figure 8: What will happen with the comments received on plan-making?

Reporting back on the outcomes of plan-making consultations

The following diagram outlines how HCC will report back on the results ofconsultations on plan-making:

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3.1.21.

Figure 9: Reporting back on the outcomes of consultation

Notification of adoption of a Minerals and Waste Plan

Once a public examination of a Minerals and Waste Plan has been completed, HCCwill receive an Inspector's Report from the Planning Inspectorate. This will detail thefindings of the public examination and will set out whether the Plan is suitable foradoption. The following will then occur:

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3.1.22.

3.1.23.

Figure 10: How will notification of the adoption of a Minerals and Waste Local Plan take place?

What will happen following the adoption of a Minerals and WastePlan?

Following the adoption of a Minerals and Waste Plan, HCC (and any relevant partnerswill implement and monitor the Plan. If further work is required following adoption thework will be developed in line with the provisions of this SCI.

HCC will produce a Monitoring Report (MR) to review how effective theimplementation of the adopted planning policies have been as well as providingstatistical information on minerals and waste planning permissions granted annually.This implements the commitment to monitor the Plan. The results of the monitoring willidentify if a review of the adopted Plan is required or if further work is required as partof the implementation of the Plan. The latest version of the MR will be available on theHCC website43so interested parties have an opportunity to view the report.

43. Hampshire County Council website (planning section): www.hants.gov.ukmineralsandwaste]

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3.2. Preparation and adoption of Supplementary Planning Documents

3.2.1.

3.2.2.

3.2.3.

3.2.4.

3.2.5.

3.2.6.

3.2.7.

There may be a need to prepare Supplementary Planning Documents (SPDs)following the adoption of a Minerals and Waste Local Plan. SPDs provide guidance onlocal planning matters or explain how adopted policies in Local Plans are to bedelivered. HCC may prepare SPDs to provide greater details on the implementation ofpolicies of its development plan documents if these are considered to be required.

There is no requirement for SPDs to be listed in a development scheme. However,HCC will ensure that the Hampshire Minerals and Waste Development Scheme(HMWDS), will include information on the timescales for the delivery of supplementarydocumentation, this will be presented in any updates to the HMWDS.

How will Hampshire County Council meet the requirements of the StrategicEnvironmental Assessment Directive and Habitats Regulations?

In the event that a SPD is prepared, HCC will carry out an Integrated SustainabilityAppraisal (ISA) during the preparation of a SPD and publish the findings for commentat relevant stages of the SPD preparation.

HCC will carry also out Habitats Regulation Assessment (HRA) work during thepreparation of a SPD and publish the findings, as appropriate.

Consultation on Supplementary Planning Document preparation

Unlike Local Plans, SPDs are not examined by a Planning Inspector. However, thepreparation of a SPD is still subject to consultation and engagement with relevantconsultees and interested parties. The preparation of any SPD will adhere to thefollowing minimum level of public participation, in accordance with the Town andCountry Planning (Local Planning) (England) Regulations 201244.

Consultees and interested parties will be invited to make comments on the draft SPDfor a minimum of six weeks (or period set by the other plan-making partner SCIsabove six weeks). This is over and above the minimum requirements for consultationon SPDs as set out in the Town and Country Planning (Local Planning) (England)Regulations 2012 of 4 weeks.

The following diagram sets out the consultation methods for SPD preparation:

44. Town and Country Planning (Local Planning) (England) Regulations 2012: www.legislation.gov.uk/uksi/2012/767/contents/made

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Figure 11: Consultation methods for SPD preparation

Important information relevant to the above diagram:

Viewing documents:

• The Hampshire County Council website (planning section):www.hants.gov.uk/county-planning / www.hants.gov.uk/mineralsandwaste/planning-policy-home.htm

• Information on Hampshire's Discovery Centres and Libraries is availableonline: www.hants.gov.uk/discoverycentres / www.hants.gov.uk/library

• Hampshire has one Information Centre at New Milton• The Hampshire Independent is a free local newspaper. It can be viewed on-

line at: www.hantsdirect.com. Copies are also available in a number oflocations across the county including local supermarkets.

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3.2.8.

3.2.9.

3.2.10.

3.2.11.

3.2.12.

Commenting on Supplementary Planning Documents

Anyone can comment during the preparation of a SPD by submitting comments toHCC for consideration.

The HCC website provides the opportunity to comment on the SPD preparation in thefollowing ways:

[email protected]

see Where can I find out more information on planning issues and theHampshire Statement of Community Involvement? [See page 49]

Guidance on how to respond to consultations on an SPD will be issued at the time ofthe consultation.

All comments received will be available for viewing at HCC offices in Winchester (byappointment and during normal office hours).

What happens with the comments received?

The following will occur for any comments received:

Figure 12: What will happen with the comments received on Supplementary PlanningDocuments?

Reporting back on the outcomes of consultations

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3.2.13.

3.2.14.

3.2.15.

3.2.16.

3.2.17.

The following table considers how HCC will report back on the results of consultationson SPDs.

Figure 13: Reporting back on the outcomes of consultation on a SPD

Notification of adoption of a Supplementary Planning Document

HCC will be responsible for adopting any SPD it prepares.

An Adoption Statement, together with the adopted SPD and associateddocumentation, will be placed on HCC's website and will be available to view in theHCC offices in Winchester (by appointment and during normal office hours) as well asthe offices of the other relevant partner authorities involved in document preparation.

HCC will prepare and publish a consultation statement at the time of adoption. Thiswill set out the following:

• who was consulted during the preparation of the SPD;• what the main issues raised were; and• how these issues have been taken into account in the adopted SPD.

Once adopted, the following will then occur:

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3.2.18.

3.2.19.

Figure 14: How will notification of the adoption of a SPD take place?

What will happen following the adoption of a SupplementaryPlanning Document?

Following the adoption of a SPD, HCC (and any relevant partners) will implement andmonitor the SPD alongside its accompanying Minerals and Waste Local Plan.

HCC will produce a Monitoring Report (MR) to review how effective theimplementation of the adopted minerals and waste planning policies and associatedguidance have been as well as providing statistical information on minerals and wasteplanning permissions granted annually. This implements the commitment to monitorthe Plan. The MR will be available to view on the HCC website45.

45. Hampshire County Council website (planning section): www.hants.gov.uk/mineralsandwaste

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4. How will communities be engaged in Developmentmanagement in Hampshire - minerals, waste and County Councildevelopment planning applications?

4.1.

4.2.

4.3.

4.4.

4.5.

4.6.

4.7.

This section of the Statement of Community Involvement (SCI) considers howHampshire County Council (HCC) will:

• publicise and consult on the minerals, waste and County Councildevelopment planning applications it deals with; and

• show how the local community (consultees and interested parties) will beinvolved in the consideration of these planning applications; and

• show how communities can be involved in the longer term following planningpermission being granted.

The planning applications which HCC deal with are ‘County Matters’ and 'CountyCouncil' developments. Hampshire's District, Borough, City Council's and NationalPark Authorities are the Local Planning Authorities (LPA) which deal with otherplanning applications. This includes proposals for housing, offices, industrial, retail etc.

There are three types of ‘County Matters'. These are planning applications for:

• mineral working; and the• treating, storing, processing, recovery of energy and the disposal of waste;

and• ancillary and minor developments associated with minerals and waste sites.

'County Council' developments are those related to HCC's own developmentproposals including:

• schools;• libraries, information centres, museums and discovery centres;• social services facilities; and• highway schemes (Local Highway Authority only).

Minerals and waste planning applications within the administrative areas ofPortsmouth and Southampton City Councils and the New Forest and South DownsNational Park Authorities will be dealt with by those Authorities and HCC is not theLocal Planning Authority within those areas.

Any County Council developments which may fall within the National Parkadministrative boundaries will also be considered by the relevant National ParkAuthority and not HCC.

The planning process is summarised on the HCC website46.

46. Hampshire County Council website (summary of planning process): www.hants.gov.uk/planning-process-flowchart.pdf]

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4.1. Pre application discussions

4.8. A Development Management Charter is available on the HCC website47setting out thestandards of service the HCC aims to provide.

4.1.1.

4.1.2.

4.1.3.

4.1.4.

4.1.5.

The National Planning Policy Framework (NPPF)48 encourages pre-applicationdiscussions and states that: 'early engagement has significant potential to improve theefficiency and effectiveness of the planning application system for all parties' and‘good quality pre-application discussion enables better coordination between publicand private resources and improved outcomes for the community'.

HCC as local Minerals and Waste Planning Authority (MWPA) has a key role to play inencouraging other parties to take maximum advantage of the pre-application stage.HCC encourages developers to enter into pre-application discussions with the Councilto:

• establish the information that will be required at the planning applicationstage;

• identify key issues associated with any potential planning application; and• identify key planning policies associated with any potential planning

application.

The Council offers a pre application service49and welcomes and encouragesdiscussions before a planning application is submitted. The County Council chargesfor such advice, as this enables the Strategic Planning team to sustain and improvecurrent levels of service. The fees paid for pre-application advice are in addition to thefees payable for the submission of planning applications and the chargeablemonitoring of mineral and landfill sites.

Pre-application discussions mainly take place between the developer and the relevantMWPA as they are largely technical exercises. However, they can in some instancesprovide an opportunity for local communities to be engaged in the planning applicationprocess. HCC encourages developers to talk to local communities about proposals, atthe earliest stage, to inform them of their plans and to ensure that a link with the localcommunity is established at an early stage in the planning application process. Thismay take place through the relevant Parish or Town Council or could involve thedeveloper setting up an independent event for the local community to attend.

HCC cannot require a developer to engage with the authority before submitting aplanning application. HCC can only encourage the take-up of any pre-applicationservices which are offered.

47. Hampshire County Council website (planning section - development management charter): www3.hants.gov.uk/mineralsandwaste/planning-application-information.htm]

48. National Planning Policy Framework, paragraph 188 (DCLG, 2012): www.gov.uk/government/publications/national-planning-policy-framework--2

49. Hampshire Pre application service: http://documents.hants.gov.uk/mineralsandwaste/guidance/pre-application-guidance.pdf]

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4.2. Publicity and consultation on planning applications being consideredby Hampshire County Council

4.2.1.

4.2.2.

4.2.3.

Before any planning application is submitted, the applicant is required to serve noticeon any owner or agricultural tenant of land within the planning application site or totake other steps if the owner is not known. Hampshire County Council as a LocalPlanning Authority is statutorily required to publicise all the planning applications that itdetermines.

Once a planning application (minerals, waste or County Council developments) hasbeen submitted, validated, and entered onto the Public Planning Register50, thestatutory consultation will begin. At that point, representations will be invited inaccordance with the timescales set out in the legislation from local communities andother consultees. Publicity will take place in accordance with the Town and CountryPlanning (Development Management Procedures) (England) Order 201051. Thelegislation does not precisely prescribe the publicity. The type of publicity will varydepending upon the nature and scale of the development proposed.

Publicity and consultation for planning applications

HCC already exceeds the minimum requirements in publicising planning applications,in particular by carrying out neighbour notification in the vicinity of the application siteover and above the minimum requirements. The following diagram outlines whatpublicity is undertaken when a valid planning application is received by HCC.

50. The Public Register is held by the relevant District or Borough Council51. Town and Country Planning (Development Management Procedures) (England) Order 2015: www.legislation.gov.uk/

uksi/2015/595/article/15/made

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Figure 15: Publicity and consultation for planning applications

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4.2.4.

4.2.5.

4.2.6.

4.2.7.

4.2.8.

4.2.9.

All publicity identified above shall normally be carried out within 5 working days of theregistration of a planning application.

Press notices

A press notice will be placed in a relevant local newspaper (designated by theCouncil), allowing at least 21 days for comments to be made.

Relevant local newspapers outside of Hampshire will be used, as appropriate, formatters which may impact areas beyond the Hampshire administrative boundary.

All press notices will be available to view on the HCC Statutory Notices List52.

Site notices

HCC is will place a minimum of 1 site notice will be displayed on or near the land towhich a planning application relates53. In some instances, depending on the size of thesite and its location, more than one site notice will be issued.

Sites notices will be displayed for a minimum of 21 days. They will invite comments tobe submitted to HCC within a relevant timescale in relation to the type of developmentbeing considered.

52. Hampshire County Council Public Notices: www3.hants.gov.uk/publicnotices/public-notice-publication.htm53. Town and Country Planning (Development Management Procedure) (England) Order 2015: ww.legislation.gov.uk/

uksi/2015/595/article/15/made

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4.2.10.

4.2.11.

4.2.12.

4.2.13.

4.2.14.

4.2.15.

Where a site notice, without any fault or intention of HCC, is removed, obscured ordefaced before the 21 days is completed, HCC shall be treated as having compliedwith its requirements if reasonable steps have been taken for the protection of thenotice, and if needs be its replacement54.

A copy (or copies) of all site notices associated with major minerals or wastedevelopment will be available to view on the HCC website55 under the relevant pagesfor the planning application. The site notices can also be viewed or downloaded fromthe website. A record of the location of where all site notice(s) were displayed will beplaced on the application file.

Neighbourhood notification

Neighbour notification is undertaken for minerals, waste and County Councildevelopment planning applications within certain distances of the proposeddevelopment site. This is undertaken by sending a letter addressed to 'the occupier' ofall properties which adjoin or are within 50 metres of the application site in urban areasor 100 metres from the application site in rural areas. The distances of 50 metres or100 metres from the proposed site boundary. This will be based on GIS mappingprovided by Ordnance Survey. All address points within these distances will benotified. Officers may consider an extension of these notification boundaries on acase-by-case basis based on specific local circumstances.

For Environmental Impact Assessment (EIA) applications, the area in which neighbournotification will be carried out will be extended from the standard neighbourhoodnotification and will include the area identified by the accompanying EnvironmentalStatement as being directly impacted upon by the proposal. If the area covered by theEIA is less than the 50 metres urban or 100 metres rural areas, then neighbournotification will be extended to cover the standard neighbourhood notification area aspreviously noted.

Those who have responded to a planning application of a similar nature at theproposed development site and within the previous 2 calendar years will be consultedon the proposal if they have given permission for their details to be maintained in ourplanning database for this purpose.

Publicity for amendments to planning applications

There is no statutory obligation on Local Authorities to publicise changes to planningapplications that do not require Environmental Impact Assessment (EIA) and all thosenotified will be made aware of how they can keep up to date with the progress of anapplication. Where, in the opinion of the case officer, significant amendments are to bemade to a proposal during the course of its determination, further publicity/notificationshall be undertaken and a minimum of 14 days shall be given (21 days for EIAdevelopments). All amendments to EIA proposals will be subject to further publicity.The following table highlights how the council publicise amendments to non EIAplanning applications.

54. Town and Country Planning (Development Management Procedure) (England) Order 2012 (as amended), part 3,section 16 (3) (b): www.legislation.gov.uk/uksi/2015/595/pdfs/uksi_20150595_en.pdf

55. Hampshire County Council website (planning section): www.hants.gov.uk/mineralsandwaste

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4.2.16.

4.2.17.

4.2.18.

4.2.19.

4.2.20.

4.2.21.

With regard to consulting consultees with non EIA planning applications, only thoseconsultees with an interest in the proposed amendment will be notified. It is down tothe case officer’s discretion which consultees have an interest.

Details of all amendments to planning applications will be placed on the CountyCouncil’s register of planning applications, decisions and appeals and sent to therelevant District and Borough Council so the Planning Register can be updated.

The following apply for publicising amendments to planning applications:

Figure 16: Publicising amendments to planning applications

Consultation on planning applications with statutory and non statutory consultees

The views of specific consultees (e.g. Highway Authority, Environment Agency,District Council, Environmental Health Officer, Natural England, Historic England,airfield operators) are requested as appropriate.

HCC is required to consult on planning applications for a minimum of 21 days as setout in Town and Country Planning (Development Management Procedure) (England)Order 201256 HCC applies this minimum requirement but extends it to a minimum of28 days.

Consultees and interested parties will have 28 days to respond to the consultationunless longer periods have previously been agreed. Statutory consultees such as

56. Town and Country Planning (Development Management Procedure) (England) Order 2015: www.legislation.gov.uk/uksi/2015/595/contents/made].

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4.2.22.

4.2.23.

4.2.24.

4.2.25.

4.2.26.

Natural England will be allowed a longer period of time to comment on planningapplications where this is prescribed by legislation (e.g. E.I.A) and this is required andhas been agreed with the LPA. Where requested (e.g. by Historic England)consultation will take place via email. Where possible all other consultation will alsotake place via email.

The involvement of organisations and individuals on the list of consultees andinterested parties may be tailored to particular interests or circumstances for planningapplications. For example, some may be concerned only with mineral planning issueswhereas others may wish to be consulted on waste matters. In addition, someconsultees and interested parties may only be concerned with development in certaingeographical locations.

The Localism Act 201157 introduced a duty to co-operate on planning issues that crossadministrative boundaries. This co-operation must be done ‘constructively, activelyand on an on-going basis’58. This may in some cases involve consulting withauthorities who are not located in Hampshire, but are impacted by development withinthe County based on the type, nature and scale of development.

How to view a planning application

All planning applications and supporting information for minerals, waste and CountyCouncil developments will be available to view on the HCC website59. The website willinclude the following information:

• the address and location of the proposed development;• a description of the proposed development;• the date by which representations should be received;• where the application can be inspected; and• how representations may be made about the planning application.

The planning application and all supporting information will also available for publicinspection at HCC's offices in Winchester (by appointment and during normal officehours) (see Where can I find out more information on planning issues and theHampshire Statement of Community Involvement? [See page 49]).

Electronic copies of the application are sent to the relevant District or BoroughCouncil60 offices where they will be registered by the Council, placed on the publicregister, allocated a specific application number and will be available for the public toexamine at the District or Borough Council offices (by appointment and during normaloffice hours).

57. Localism Act 2011: www.legislation.gov.uk/ukpga/2011/20/contents/enacted58. Localism Act 2011, Section 110: www.legislation.gov.uk/ukpga/2011/20/contents/enacted59. Hampshire County Council website (planning section): www.hants.gov.uk/mineralsandwaste60. Hampshire's district and borough councils: www3.hants.gov.uk/index/council/localgov.htm

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4.3. How to comment on a planning application being considered byHampshire County Council

4.3.1.

4.3.2.

4.3.3.

4.3.4.

4.3.5.

4.3.6.

4.3.7.

How to comment on a planning application

Anyone can comment on a minerals, waste or County Council development planningapplication submitted to HCC for determination.

The HCC provides the opportunity to comment on any applications directly to HCC in:

[email protected]

see Where can I find out more information on planning issues and theHampshire Statement of Community Involvement? [See page 49]

What should the comments cover?

Comments can be made on the following areas:

• to support the proposal;• to object to the proposal; or• to make a general observation about the proposal.

Responses should focus on 'material considerations' when responding to a proposal.Examples of what is and is not considered to be a 'material consideration' arehighlighted in the following table. More information on 'material considerations' can befound on the Planning Portal website61.

HCC can only take into account comments received by HCC. Comments andobjections collected or recorded elsewhere e.g. other organisations websites cannotbe taken into account. Responses have to be received by HCC directly within thedefined consultation period.

How long do communities and interested parties have to respond toa planning application?

HCC is required to determine planning applications within specific timescales. Thesetimescales are considered in more detail in How planning applications are determinedby Hampshire County Council. [See page 40] The timescales set include therequirements for public consultation on each planning application.

The length of time local communities and consultees have to comment on planningapplications is set out in Current publicity and consultation County Council and CountyMatter planning applications [See page 32].

61. Planning Portal website: www.planningportal.gov.uk

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4.3.8.

4.3.9.

4.3.10.

4.3.11.

4.3.12.

Responses received outside of the consultation period will only be taken into accountif prior agreement for late submissions has been made. If the proposal has beensubject to Environmental Impact Assessment (EIA), consultation will be extended tosix weeks62

In the event that additional information is submitted during the planning process andthis requires re- consultation, this will take place for 14 days (21 days for EIAdevelopments).

A name as well as a postal address must be provided for the comments to beaccepted on planning applications which are being considered by HCC. Anonymousrepresentations cannot be accepted. Officers will not normally enter into directcorrespondences on responses received to a planning application.

When responses are received by email, an automatic acknowledgement will be sentout by email. Written confirmation will only be sent if an email address is not provided.

What happens to the responses once received by HampshireCounty Council?

When comments are received, the following will take place:

Figure 17: What happens to comments received by HCC on planning applications?

62. Town and Country Planning (Environmental Impact Assessment) 2011: www.legislation.gov.uk/uksi/2011/1824/contents/made].

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4.4. How notification will take place for planning applications determinedby Hampshire County Council

4.4.1.

4.4.2.

HCC is required to determine planning applications within a specific timescales.

Figure 18: Determining planning applications by Hampshire County Council

Planning applications (Delegated)

The Hampshire Development Management Charter63 is available to view on the HCCwebsite and provides more information on delegated decisions. In the event that adecision is made under the Council's powers of delegation by the Director ofEconomy, Transport and Environment, the following will occur:

63. Hampshire Development Management Charter: www3.hants.gov.uk/mineralsandwaste/planning-application-information.htm

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4.4.3.

Figure 19: What happens after a delegated decision is made?

All other planning applications (not Delegated)

Planning applications submitted to HCC cannot be determined under delegation insome circumstances. The Hampshire Development Management Charter64 is availableto view on the HCC website and provides more information on non delegateddecisions which will be made by the Councils Regulatory Committee. The followingdiagram outlines such circumstances as well as other actions which will be undertakenfor non delegated decisions:

64. Hampshire Development Management Charter: www3.hants.gov.uk/mineralsandwaste/planning-application-information.htm

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4.4.4.

Figure 20: Non delegated decisions

What happens after a Decision has been made?

Once a delegated or committee decision has been made, the following will occur:

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4.5. Planning Appeals - publicity and notification

Figure 21: What happens after a Decision has been made?

4.5.1.

4.5.2.

4.5.3.

If an applicant is granted planning permission conditionally, or refused planningpermission, the planning system allows the applicant the opportunity to appeal againstthe decision.

A planning appeal is handled by the Planning Inspectorate on behalf of the Secretaryof State and can be dealt with by:

• a Public Inquiry;• a Hearing; or• Written Representations.

Publicity for Planning Appeals

The following diagram sets out the publicity which will be undertaken for planningappeals:

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4.5.4.

Figure 22: Publicity for Planning Appeals

What happens after an appeal has been heard?

Once the appeal has been heard by the Planning Inspectorate, and a decision hasbeen made the following will take place:

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4.6. How can communities and interested parties stay involved afterplanning permission is granted or on other planning matters?

Figure 23: Notification of Planning Appeal decisions

4.6.1.

4.6.2.

4.6.3.

4.6.4.

Helping us to monitor permitted minerals and waste developments

It is important that all developments which the Council has granted planningpermission for is undertaken in compliance with the permission which has beengranted. The Council's Planning Enforcement and Site Monitoring Plan65 providesmore information on the monitoring duties of Hampshire County Council (HCC) andhow to make a complaint in relation to developments permitted by the Council.

Get involved in a site Liaison Panel

HCC encourages the formation of local Liaison Panels for major or controversialminerals or waste sites. These provide a forum for discussing operational issuesbetween the operator, HCC (as Planning Authority), representatives of the localcommunity and other interested parties.

Hampshire already as a number of active Liaison Panels which are associated withexisting minerals or waste sites. A list of the current Liaison Panels is available on theHCC website66.

The specific makeup of Liaison Panels varies according to the local situation, butpotential members of a panel might include:

65. Planning Enforcement and Site Monitoring Plan (2016): http://documents.hants.gov.uk/planning-strategic/HampshireCountyCouncilPlanningEnforcementandSiteMonitoringPlanJuly2016.pdf

66. Hampshire County Council website (liaison panel section): www.hants.gov.uk/liaison-panels.htm

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4.6.5.

4.6.6.

4.6.7.

• the operator of the relevant facility;• Environment Agency;• representatives from the relevant District, Borough67, Parish or Town Councils68;• any relevant Residents Association representatives; and• residents or representatives of residents directly affected by the development; and

any other interested parties.

HCC expects that operators of major minerals and waste developments will run andmanage Liaison Panels at their sites. This is supported by the provisions of theadopted Hampshire Minerals & Waste Plan69 and supports local County Councillor'sacting to independently chair the panel.

Helping us to ensure development does not take place withoutplanning permission

Sometimes development takes place without thenecessary planning permission. Local knowledge ofwhat is taking place in an area is often essential toaddressing development which is taking place withoutthe benefit of planning permission.

The Council will investigate all complaints in relationto unauthorised minerals or waste developments.The Councils Planning Enforcement and SiteMonitoring Plan70 provides more information on the enforcement powers of HCC andhow to make a complaint.

67. Hampshire's district and borough councils: www.hants.gov.uk/localgov.htm68. Hampshire's parish and town councils: www.hants.gov.uk/index/council/localgov/parish.htm69. Hampshire Minerals and Waste Plan (2013), paragraph 5.59: http://documents.hants.gov.uk/mineralsandwaste/

HampshireMineralsWastePlanADOPTED.pdf]70. Planning Enforcement and Site Monitoring Plan (2016): http://documents.hants.gov.uk/planning-strategic/

HampshireCountyCouncilPlanningEnforcementandSiteMonitoringPlanJuly2016.pdf

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5. Neighbourhood Planning in Hampshire

5.1.

5.2.

5.3.

Hampshire County Council (HCC) is fully supportive of neighbourhood planning as away for local communities to have a greater say in where they live and work. Thecouncil will provide appropriate and timely support to Parish / Town Councils as wellas Neighbourhood Forums working on Neighbourhood Plans in their areas.

Given the wide range of duties and responsibilities the County Council performs it isimportant that the council engages in the preparation of Neighbourhood Plans from theoutset.

The Council has prepared a guide71 to help those interested in preparing aNeighbourhood Plan to quickly identify what information, guidance, help and supportcan be provided by the County Council. The guide:

• explains the main HCC services that may have to be considered when carrying outneighbourhood planning;

• provides links to the policy guidance and to the County Council teams that might beable to provide further advice and information; and

• explains the distinction between the role of HCC compared to that of the District,Borough, City Councils or National Parks in neighbourhood planning.

71. Neighbourhood Planning in Hampshire Guide (Hampshire County Council, 2016): http://documents.hants.gov.uk/planning-strategic/NeighbourhoodPlanninginHampshire.pdf

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6. Monitoring the implementation of the Hampshire Statement ofCommunity Involvement

6.1.

6.2.

6.3.

6.4.

Following the adoption of the Hampshire Statement of Community Involvement (SCI)by Hampshire County Council, it is proposed that it will be reviewed annually, toensure it is up-to-date with current legislation and sets out an appropriate benchmarkfor meeting consultation requirements.

The outcomes of this review will be documented through the publication of MonitoringReports (MR)72. These reports will be prepared annually as part of the statutoryrequirements to monitor adopted Minerals and Waste Plans and will report on thepreparation and implementation of minerals and waste development documents,including the SCI. The MR will indicate, among other things, the extent to which thepolicies and proposals in the adopted minerals and waste development documents,including the SCI, are being achieved.

As already set out in Planning Policy - Preparation of a Minerals and Waste Plan orSupplementary Planning Documents, [See page 14] the HMWDS will set out theprogramme for planning document preparation. The MR will indicate if and where theprogramme for the preparation of planning documents in the HMWDS is underpressure or likely to slip. The HMWDS will be regularly reviewed and will consider anyneed to review the SCI, as appropriate.

Monitoring the SCI will include:

• assessing how effective its approach is in helping the community, consulteesand interested parties to be involved in minerals and waste planning inHampshire;

• how appropriate the SCIs proposed techniques are and how easy they are touse; and

• whether new Government guidance will result in the requirement to revise theadopted SCI.

72. Hampshire Minerals and Waste Monitoring Report: www3.hants.gov.uk/mineralsandwaste/pd-facts-and-figures.htm

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7. Where can I find out more information on planning issues andthe Hampshire Statement of Community Involvement?

7.1.

7.2.

7.3.

7.4.

Planning Aid is a voluntary service offering free, professional and impartial advice onplanning issues to community groups and individuals who cannot afford to employ aplanning consultant73.

The Planning Portal74 is also a useful source of information on the planning process forresidents, operators and the regulators.

Copies of the currently adopted Hampshire Statement of Community Involvement(SCI) are available to view:

• on the Hampshire County Council (HCC) website; and• at HCC offices in Winchester (by appointment and during normal office

hours).

If you require further information on this SCI, please contact HCC by:

0300 555 1389

[email protected]

Strategic Planning, Economy, Transport & Environment Department, HampshireCounty Council, Elizabeth II Court West 1, The Castle, Winchester, Hampshire, SO23 8UD

73. Planning Aid: www.planningaid.rtpi.org.uk74. Planning Portal: www.planningportal.gov.uk

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Glossary

Area of Outstanding Natural Beauty (AONB): Areas of countryside considered to havesignificant landscape value. Originally identified and designated by the CountrysideCommission under Sections 87 and 88 of the National Parks and Access to the CountrysideAct 1949. Natural England is now responsible for designating AONBs and advisingGovernment and other organisations on their management and upkeep.

Departure (from development plan): Where a proposal does not meet the provisions of apolicy in the adopted development plan.

Deputations: Members of the public and anyone who has submitted a planning applicationcan ask to speak (make a deputation) at the meeting at which the planning application will bediscussed.

Development Plan / Development Plan Document (DPD): This includes adopted LocalPlans, neighbourhood plans and the London Plan, and is defined in section 38 of thePlanning and Compulsory Purchase Act 2004. Spatial planning documents that are subject topublic examination. There will be a right for those making representations seeking change tobe heard at a public examination.

Discharge of conditions (Article 27s): Where a planning permission includes conditionswhich require further work or further details to be submitted, which need to be agreed andsigned off by the relevant planning authority.

Engagement: Entering into a deliberative process of dialogue with others, actively seekingand listening to their views and exchanging ideas, information and opinions. Unlike‘mediation’ or ‘negotiation’ engagement can occur without there being a dispute to resolve.

Environmental Impact Assessment (EIA): A procedure to be followed for certain types ofproject to ensure that decisions are made in full knowledge of any likely significant effects onthe environment.

Equalities Impact Assessment (EQIA): An assessment, as part of plan preparation, whichseeks to identify and eliminate any discrimination.

Habitats Regulation Assessment (HRA): Statutory requirement for Planning Authorities toassess the potential effects of land-use plans on designated European Sites in Great Britain.The Habitats Regulations Assessment is intended to assess the potential effects of adevelopment plan on one or more European Sites (collectively termed 'Natura 2000' sites).The Natura 2000 sites comprise Special Protection Areas (SPAs) and Special Areas ofConservation (SACs). SPAs are classified under the European Council Directive on theconservation of wild birds (79/409/EEC; Birds Directive) for the protection of wild birds andtheir habitats (including particularly rare and vulnerable species listed in Annex 1 of the BirdsDirective, and migratory species).

Hampshire County Council (HCC): The County Council that governs the county ofHampshire in England. The authority is one of the partners in the Hampshire Minerals &Waste Plan.

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Hampshire Minerals and Waste Development Scheme (HMWDS): A project timetablewhich gives information and details about the preparation and review of all the variousminerals and waste plan and associated documentation by Hampshire.

Hampshire Minerals & Waste Plan (HMWP): The Hampshire Minerals & Waste Plan is theadopted development plan for minerals and waste in Hampshire.

Historic England: This is a non-departmental public body which acts to preserve and protectEngland’s historic environment.

Inspector's Report: This is produced by the Planning Inspector following his/her publicexamination of the development plan documents and is binding on the County Council.

Integrated Sustainability Appraisal (ISA): See 'Strategic Environmental Assessment/Sustainability Appraisal'.

Interested party: Any party expected to have a concern or interest in the proceedings of aparticular minerals and waste development.

Local Development Document (LDD): Local development documents are a set ofdocuments specified in United Kingdom planning law which a local planning authority createsto describe their strategy for development and use of land in their area of authority.

Local Planning Authority (LPA): The public authority whose duty it is to carry out specificplanning functions for a particular area. All references to local planning authority apply to thedistrict or borough council, London borough council, county council, Broads Authority,National Park Authority and the Greater London Authority, to the extent appropriate to theirresponsibilities.

Minerals Consultation Area (MCA): An area identified to ensure consultation between therelevant district or borough planning authority, the minerals industry and the Minerals andWaste Planning Authorities before certain non-mineral planning applications made within thearea are determined. The Hampshire MCA includes the mineral resource areas defined in theMineral Safeguarding Area and existing strategic minerals and waste infrastructure.

Minerals and Waste Planning Authorities (MWPA): The local planning authorities (Countyand Unitary Councils) responsible for minerals and waste planning. In Hampshire, HampshireCounty Council, Portsmouth and Southampton City Councils, the New Forest National ParkAuthority and South Downs National Park Authority are minerals and waste planningauthorities.

Monitoring Report (MR): Produced by the Hampshire Authorities annually, this Report willreview and assess the implementation of the Minerals and Waste Development Scheme, andhow effectively the policies in the adopted Hampshire Minerals & Waste Plan are beingachieved.

National Health Service: (NHS)

National Planning Policy Framework (NPPF): Published in March 2012, the NPPF sets outthe Government's planning policies for England and how these are expected to be applied.

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Natural England: Public body tasked with the conservation and improvement of the naturalenvironment. Natural England designates Areas of Outstanding Natural Beauty and NationalParks, manages National Nature Reserves and notifies Sites of Special Scientific Interest.

Negotiation: Process of reaching consensus by exchanging information, bargaining andcompromise that goes on between two or more parties with some shared interests andconflicting interests. Negotiation is likely to be part of the process of mediation, but can alsohappen outside of any formal mediation and without the assistance of a neutral person.

Planning Aid: Voluntary provision by planners of free and independent professional adviceon planning to individuals or groups unable to afford to pay for the full costs of such advice.Planning Aid includes the provision of training so that its clients can be empowered throughbetter understanding of how the planning system works and the development of skills thatenable them to present their own case more effectively.

Planning application: Operators proposing a new minerals or waste development need toapply for permission from the relevant planning authority in order to be allowed to carry outtheir operations.

Planning condition: A condition imposed on a grant of planning permission (in accordancewith the Town and Country Planning Act 1990) or a condition included in a LocalDevelopment Order or Neighbourhood Development Order.

Planning obligation: A legally enforceable obligation entered into under section 106 of theTown and Country Planning Act 1990 to mitigate the impacts of a development proposal.

Planning permission: Once planning applications have been reviewed by the relevantplanning authority, permission may be granted - i.e. consent for the proposed development isgiven. Permissions may have certain conditions or legal agreements attached which allowdevelopment as long as the operator adheres to these.

Pre-application discussions: Hampshire County Council encourages engagement withapplicants and their agents prior to any application being submitted. The County Councilcharges for pre-planning application advice for proposed minerals and waste development.

Public consultation: A process through which the public is informed about developmentproposals and invited to submit comments on them.

Public examination: A public examination of a development plan starts upon submission tothe Secretary of State. An Independent Planning Inspector is appointed to examine thesoundness of the Plan (see 'Soundness). The Inspector will check that the authority hasprepared the document legally and tests whether it is ‘sound’.

Public utilities: Businesses that provide the public with necessities, such as water,electricity, natural gas, and telephone and telegraph communication.

Redacted: To redact is to edit, or prepare for publishing. Frequently, a redacted document,such as a memo or e-mail message, has simply had personal (or possibly actionable)information deleted or blacked out. As a consequence, redacted is often used to describedocuments from which sensitive information has been expunged.

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Secretary of State (SoS): The head of a major government department such as theDepartment of Communities and Local Government.

Site-specific allocations and policies: Allocations of sites for specific or mixed uses ofdevelopment. Policies will identify any specific requirements for individual proposals.

Soundness: Soundness is an issue which is considered as part of the public examination ofa development plan document. A Plan can only be adopted if it has been 'found sound' by aPlanning Inspector.

Statutory consultees: These are organisations and public bodies who are required to beconsulted concerning specific issues relating to planning applications and help inform anydecision made by the planning authority.

Statement of Community Involvement (SCI): Statutory planning document which sets outhow and when the community can get involved in the preparation of planning documents.

Strategic Environmental Assessment (SEA) / Sustainability Appraisal (SA):Sustainability appraisal is a systematic and repeated appraisal process, incorporating therequirements of the Strategic Environmental Assessment Directive (European Union ‘SEADirective’ 2001/42/EC). The purpose of sustainability appraisal is to appraise the social,environmental and economic effects of the strategies and policies in any minerals and wastedevelopment document from the outset of the preparation process. This will ensure thatdecisions are made that accord with sustainable development. All references to sustainabilityappraisal must be taken to include the requirements of the Strategic EnvironmentalAssessment Directive as the work on the Hampshire Minerals and Waste Plan merges thesetogether into a process called Integrated Sustainability Appraisal (ISA) (see IntegratedSustainability Appraisal). The ISA documents are supporting documents prepared as part ofplan preparation.

Supplementary Planning Documents (SPD): Policy guidance to supplement the policiesand proposals in development plan documents. They can be used to provide furtherguidance for development on specific sites, or on particular issues, such as design.Supplementary planning documents are capable of being a material consideration in planningdecisions but are not part of the development plan. They will not form part of thedevelopment plan or be subject to public examination.

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Appendices

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Appendix 1: Options for community involvement in minerals and waste plan-making

Preparing a Minerals and Waste Local Plan

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Preparing a Supplementary Planning Document

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Appendix 2: Options for community engagement in development management

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This document can be made available in large print, on audio media, in Braille or in some otherlanguages.

For further information, please contact Planning Policy in the Strategic Planning group:Telephone: 0300 555 1389Email: [email protected]

Write to:Strategic PlanningEconomy, Transport & Environment DepartmentHampshire County CouncilFloor 1 Elizabeth II Court WestWinchester SO23 8UD

Internet: www.hants.gov.uk/mineralsandwaste