Common use of Planning Policy Clause in Contracts

Planning Policy. Table 4.2 – Planning Policy Ref. Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position 4.2.1 NPS The relevant National Policy Statements (NPSs) for the Proposed Scheme include the Overarching National Policy Statement for Energy (EN-1) (Department for Energy and Climate Change, 2011) and the National Policy Statement for Renewable Energy and Infrastructure (EN-3) (Department of Energy and Climate Change, 2011), which represent the primary policy basis for the determination of the DCO Application as is set out in the Planning Statement (APP-032) and the National Policy Statement Compliance Tracker (REP-031). Draft revised NPSs were published for consultation from September to November 2021. As the DCO Application was accepted for examination before the designation of any amendments to the NPS, the original suite of NPSs represent the SDC/ NYCC agree with the applicant’s position. There are no outstanding matters to be agreed with regard to the status of the Proposed Scheme as a NSIP and the applicability of the NPSs. Agreed primary policy basis for the determination of the DCO Application. 4.2.2 NPPF The National Planning Policy Framework (NPPF) was originally published in 2012 and last updated in July 2021. Whilst the NPSs are the primary consenting framework against which the DCO application will be assessed, the NPPF constitutes secondary planning policy framework, against which the proposals must also be assessed. The government’s ‘Planning Practice Guidance’ constitutes guidance to support the government's planning policies for England and how these are expected to be applied. The policies of relevance to the Application are set out in the Planning Statement (APP-032) and proposed updates to the NPPF are considered in the Planning Statement Addendum (REP2-019). SDC/ NYCC agree with the applicant’s position. Agreed 4.2.3 Development Plan Local planning policies from the relevant authorities can be ‘important and relevant’ considerations for the SDC/ NYCC agree with the applicant’s position in terms of the Development Plan of relevance to the proposals, and that the Agreed Secretary of State (SoS) in determining the DCO Application. The current adopted Development Plan of relevance to the proposals comprises: • ▇▇▇▇▇ District Core Strategy Local Plan (2013) (SDCSLP); • Saved Policies of ▇▇▇ ▇▇▇▇▇ District Local Plan (2005) (SDLP); and • The North Yorkshire Minerals and Waste Joint Plan (2022) (NYMWJP). The policies of relevance to the Application and how the Scheme accords with them are set out in the Planning Statement (APP-032) and the Planning Statement Addendum (REP2-019). ▇▇▇▇▇ is preparing a new Local Plan which will supersede the SDCSLP and SDLP upon adoption. The Preferred Options consultation took place in January to March 2021, and a subsequent consultation on additional sites proposed to be policies listed by the applicant in the Planning Statement are relevant to the Proposed Scheme. This is confirmed in the Local Impact Report (REP-039). NYCC consider that there are a number of additional adopted Development Management policies in NYMWJP which are relevant to this scheme, including D06 – Landscape. The applicant does not consider these policies are relevant to the Proposed Scheme as these policies only relate to Minerals and Waste development. There are however ‘equivalent’ policies in the Local Plan which the applicant has assessed the scheme against, and considers the proposal is policy compliant. NYCC agree that, if weight were to be afforded to these policies in NYMWJP, the proposal would comply with these policies, irrespective of the weight to be afforded to these policies in NYMWJP. allocated was undertaken in August to September 2021. The Publication version of the new Local Plan was subject to consultation from August to October 2022. It is anticipated that the new Local Plan will be adopted no earlier than January 2024. The latest draft version of the Local Plan can only be afforded limited weight given the stage of preparation, as it is subject to change.

Planning Policy. Table 4.2 4.1 – Planning Policy Ref. Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position 4.2.1 4.1.1 NPS The relevant National Policy Statements (NPSs) for the Proposed Scheme include the Overarching National Policy Statement for Energy (EN-1) (Department for Energy and Climate Change, 2011) and the National Policy Statement for Renewable Energy and Infrastructure (EN-3) (Department of Energy and Climate Change, 2011), which represent the primary policy basis for the determination of the DCO Application as is will be set out in the Planning Statement (APP-032) and the National Policy Statement Compliance Tracker (REP-031)Statement. Draft revised NPSs were published for consultation from September to November 2021. As the DCO Application was accepted for examination before the designation of any amendments to the NPS, the original suite of NPSs represent the SDC/ NYCC agree with the applicant’s position. There are no outstanding matters to be agreed with regard to the status of the Proposed Scheme as a NSIP and the applicability of the NPSs. Agreed primary policy basis for the determination of the DCO Application. 4.2.2 4.1.2 NPPF The National Planning Policy Framework (NPPF) was originally published in 2012 and last updated in July 2021. Whilst the NPSs are the primary consenting framework against which the DCO application will be assessed, the NPPF constitutes secondary planning policy framework, against which the proposals must also be assessed. The government’s ‘Planning Practice Guidance’ constitutes guidance to support the government's planning policies for England and how these are expected to be applied. The policies of relevance to the Application are set out in the Planning Statement (APP-032) and proposed updates to the NPPF are considered in the Planning Statement Addendum (REP2-019)Statement. SDC/ NYCC agree with the applicant’s position. Agreed 4.2.3 4.1.3 Development Plan Local planning policies from the relevant authorities can be ‘important and relevant’ considerations for the Secretary of State (SoS) in determining the DCO Application. SDC/ NYCC agree with the applicant’s position in terms of the Development Plan of relevance to the proposals, and that the policies listed by the applicant in Agreed Secretary of State (SoS) in determining the DCO Application. The current adopted Development Plan of relevance to the proposals comprises: • ▇▇▇▇▇ District Core Strategy Local Plan (2013) (SDCSLP); • Saved Policies of ▇▇▇ ▇▇▇▇▇ District Local Plan (2005) (SDLP); and • The North Yorkshire Minerals and Waste Joint Plan (2022) (NYMWJP). The policies of relevance to the Application and how the Scheme accords with them are set out in the Planning Statement (APP-032) and the Planning Statement Addendum (REP2-019)Statement. ▇▇▇▇▇ Selby is preparing a new Local Plan which will supersede the SDCSLP and SDLP upon adoption. The Preferred Options consultation took place in January to March 2021, and a subsequent consultation on additional sites proposed to be policies listed by allocated was undertaken in August to September 2021. The Publication version of the applicant in new Local Plan was subject to consultation from August to October 2022. It is anticipated that the Planning Statement are relevant to the Proposed Scheme. This is confirmed in the Local Impact Report (REP-039). NYCC consider that there are a number of additional adopted Development Management policies in NYMWJP which are relevant to this scheme, including D06 – Landscape. The applicant does not consider these policies are relevant to the Proposed Scheme as these policies only relate to Minerals and Waste development. There are however ‘equivalent’ policies in the Local Plan which the applicant has assessed the scheme against, and considers the proposal is policy compliant. NYCC agree that, if weight were to be afforded to these policies in NYMWJP, the proposal would comply with these policies, irrespective of the weight to be afforded to these policies in NYMWJP. allocated was undertaken in August to September 2021. The Publication version of the new Local Plan was subject to consultation from August to October 2022. It is anticipated that the new Local Plan will be adopted no earlier than January 2024. The latest draft version of the Local Plan can only be afforded limited weight given the stage of preparation, as it is subject to change.