1.0 Purpose Of The Plan
1.1 One of the main duties of the Council is to plan for the use of land. This includes producing a local development plan which makes proposals for land use allocations and sets the guidelines for deciding planning applications. Land for development is in short supply and under increasing pressure for many types of use. The aim of the plan is to guide development so that it meets the borough’s needs for new homes, jobs, shops, leisure facilities, etc., but does not spoil our built and open environment.
The Unitary Development Plan (UDP) is part of the Council’s strategy for making Waltham Forest a better place to live and work.
1.2 This new Plan – The Waltham Forest UDP: First Review 2006 is a partial review of the 1996 UDP and supersedes it. The new Plan was adopted on 30 March 2006 and has two main purposes:
- a) To provide a framework for the development and use of land in Waltham Forest.
- b) To set out the Council’s policies for making decisions on planning applications.
2.0 Legislative Framework
2.1 The plan was prepared under the provisions of relevant Parliamentary Acts. These include the following:
- The Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991,
- The Town and Country Planning (Development Plan) (England) Regulations 1999, and
- The Town and Country Planning (Transitional Arrangements) (England) Regulations 2004.
Government Guidance primarily contained in Circulars and Planning Policy Guidance Notes/Planning Policy Statements further amplifies these Acts of Parliament.
2.2 The Planning & Compulsory Purchase Act (2004) has introduced new changes to the planning system. Procedural guidance on the new planning system is set out in Planning Policy Statement 12 -
Local Development Frameworks (LDF). The policies in this plan will remain in force for at least three years until they are progressively replaced by new Local Development Documents (LDDs) which will deliver the spatial planning strategy for Waltham Forest.
2.3 When an application is made for planning permission and where the UDP has policies that are relevant to the development proposal, section 54A of the 1990 Act requires the application to be determined in accordance with the Plan unless material considerations indicate otherwise. In effect, this means that there is a presumption in favour of development proposals which are in accordance with the Plan, and that if a proposal is clearly in conflict with the Plan there will need to be convincing reasons why the Plan should not prevail. Only if the UDP contains no relevant policies will an application be determined on its merits in the light of all material considerations.
3.0 How The Plan Was Produced
3.1 Work on the UDP Review began in 2000 with the publication of Issues Papers. These covered key policy areas – i.e. industry & employment, town centres & retailing, housing & open environment. Following this, two “deposit draft” versions of the Plan were published for public consultation in February 2002 and again in April 2003.
3.2 A schedule of representations/objections and proposed Council responses was published at each “deposit draft” stage and made available for public inspection – first October 2002 and later October 2003. In August 2004, the Council also published Pre-Inquiry Changes to the Plan. The UDP inquiry was held during January/February 2005 and was conducted by an independent Inspector appointed by the Secretary of State. The Inspector’s Report published in August 2005 recommended a number of modifications to the plan. The Council considered these and published Proposed Modifications to the Plan for further consultation. The Council subsequently adopted the UDP First Review on 30th March 2006.
3.3 The UDP First Review has taken account of the advice contained in the London Plan: Spatial Development Strategy for Greater London – published by the Mayor of London in February 2004. UDPs are required to be in general conformity with the London Plan. The London Plan provides an integrated approach to shaping the future pattern and direction of development in London. It also sets out a common spatial framework for the Mayor’s other strategies for London including UDP land use policies. The London Plan is part of the development plan for the borough.
4.0 Format Of The Plan
4.1 The format of the UDP is governed by legislation. It includes this Written Statement, a Proposals Map and accompanying Schedules. The Written Statement is in two parts. Part One contains background information and provides a context for the policies and proposals of the plan. It also includes general land use policies which set out a broad development strategy for the area. Part Two is divided into specific chapters, each containing policies and proposals for different subjects (e.g. Shopping and Housing). Appendices 1 and 2 set out the Council’s car and cycle parking standards.
4.2 The Proposals Map shows sites for which there are specific development proposals and areas within which particular policies apply (e.g. the Green Belt). Schedules to accompany the Proposals Map are included at the back of the Written Statement.
5.0 Supplementary Planning Guidance
5.1 Additional guidance, which stems from the policies and proposals of the UDP, is called supplementary planning guidance. These will be replaced by supplementary planning documents under the Local Development Framework. These contain detailed guidance on the planning matters they relate to and also expand on the policies in the UDP. Whilst such documents do not have the same status as the adopted UDP policy it may be a material consideration in determining a planning application. They provide additional advice to applicants and developers by showing how proposals can be designed to satisfy the policies of the Waltham Forest UDP.
5.2 The Council will be replacing this UDP with the Waltham Forest Local Development Framework (LDF) by 2009. Until then, the Council intends to use the following Supplementary Planning Guidance Notes (SPGN) previously prepared and published under the 1996 UDP.
- SPGN 1: Residential Development Standards
- SPGN 2: Dwelling Conversions - Self Contained Flats
- SPGN 3: Dwelling Conversions - Non Self Contained Flats and Bedsitters
- SPGN 4: House Extensions
- SPGN 8: Shopfront Design Guide
6.0 How To Use The Plan
6.1 If you are interested in a particular site or building, first look at the Proposals Map. This will show whether the site is covered by a policy or proposal in the Plan. The key to the Proposals Map will refer you to the relevant policy or proposal in the Written Statement and to the Schedules which accompany the Map. If no policy or proposal is shown, then you should look at the subject chapter in Part II of the Plan which covers the use of the land or building, or if vacant, its last known use. To clarify the meaning of some words, phrases and acronyms used in the Plan, a glossary of terms has been included at the end of this Written Statement.
6.2 The policies and proposals of the Plan go together to form a coherent framework for development. When considering planning applications, the Council will take into account all the relevant policies in the Plan, including those relating to the proposed use, the existing use, and those relating to environmental considerations (which are contained primarily in Chapter 7 and Chapter 8). The policies and proposals of the Plan are in UPPER CASE TEXT. They are followed by the reasoned justification in lower case text.
7.0 Boundary Of The Plan
7.1 This Plan applies to the boundary of the London Borough of Waltham Forest as shown on the Proposals Map. There are no changes from the 1996 UDP.
8.0 Timescale And Review
8.1 This UDP will remain a key planning policy document -until it is replaced by the new ‘portfolio’ of Local Development Documents (LDDs) making up the Waltham Forest Local Development Framework. Under the Planning & Compulsory Purchase Act (2004), the policies in this UDP will be automatically ‘saved’ for three years from adoption. Therefore beyond 2009, these policies will be superseded by adopted LDDs. However some of the longer term policies, such as the protection of the Green Belt, are expected to continue indefinitely. The Waltham Forest Local Development Scheme (LDS) sets out the management plan for the preparation of the Council’s Local Development Framework.
8.2 Section 48 of the Town and Country Planning (Local Development) (England) Regulations 2004 includes a requirement to produce an Annual Monitoring Report (AMR). Furthermore the Government’s revision of the planning system has introduced a requirement for local authorities to produce a monitoring report and submit it to the Secretary of State in December each year. The Council published its first AMR in December 2005. Subsequent reports will be published to assess the effectiveness of the policies in this UDP and progress towards meeting any targets stated in the Plan. If policies or proposals need changing, these will be incorporated within the new Local Development Framework.