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Flintshire County Council Unitary Development Plan 2000-2015
Adopted 28th September 2011

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Chapter 20


Relevant Strategic Aims

All strategic and functional aims are relevant

Policy Objectives

Policy List

a. partnership - to coordinate the development and use of land in partnership with other responsible bodies

b. obligations - to ensure that developers make proper provision for the wider effects of development on the community

c. monitoring - to monitor the Plan’s performance using a series of targets and indicators

d. supplementary guidance - to provide further guidance in interpreting and implementing the policies and proposals in the Plan

IMP1 Planning Conditions and Planning Obligations


Indicators of Policy Performance


100. No. of S106 agreements signed

101. No. of enforcement cases

102. SPG produced and adopted by the Council



20 Implementation


20.1 The primary functions of the Flintshire Unitary Development Plan relate to the initiation and co-ordination of the development and use of land in the County. The true value and purpose of the strategy and aims of the Plan will only be realised through positive, consistent and effective implementation of the Plan’s policies and proposals.

20.2 Successful implementation cannot be achieved in isolation, however, and the Council will continue to seek to work in partnership with other organisations and bodies who have a shared responsibility for making and influencing decisions that affect land use. In carrying out its planning functions, the Council currently works with many agencies such as the Environment Agency, Countryside Council for Wales, and the Welsh Government, and the development of the Local Strategic Partnership through the Community Strategy, offers the opportunity to build on such relationships and partnership working. The Council has also taken account of the needs and aspirations of the people of Flintshire in formulating its proposals, and will continue to take these into account in implementing, monitoring and reviewing the Plan.

20.3 The UDP proposes a series of targets for the Plan which are derived from specific objectives which translate the Plan’s strategy into the respective policy sections. These offer a sound basis on which to monitor the Plan’s performance and, if achieved, will give a firm indication of the relative success of the strategy. In this way the UDP will become more of a dynamic document, responsive to change, capable of speedy review when necessary, and fit for purpose in a plan-led system.

20.4 Developers too have a role and responsibility for the successful implementation of the Plan in relation to the potential impacts that development can have on the supporting infrastructure, services and amenities, including community facilities, where the need for these arises directly as a result of the proposed development. These are material considerations in determining planning applications, and it is the firm view of the Council that developers and landowners should make the appropriate and necessary provision for these. Development of land often increases the burden on existing infrastructure which has insufficient capacity to accommodate significant new development, and can also often worsen conditions for existing users of the services and infrastructure.

20.5 The following implementation policy and statements seek to embrace a range of implementation factors and include requirements for conditions and developer contributions and obligations, enforcement of policies and methods of monitoring, and the production of supplementary planning guidance.


Conditions, Developer Contributions and Planning Obligations


IMP1 Planning Conditions and Planning Obligations

Where appropriate the Council will impose conditions on planning permissions and seek to negotiate planning obligations with developers to secure the best use of land, the necessary costs and provision of infrastructure, facilities and community needs arising from the development where it is not possible to achieve this through planning conditions.

20.6 The policy seeks to clarify the Council’s procedure on imposing conditions on planning permissions and seeking planning benefits through planning agreements, negotiated with developers under Section 106 of the Town and Country Planning Act 1990, and through enhanced proposals in the Planning and Compensation Act 1991. “The proper use of conditions can improve the quality of development control and enhance public confidence in the planning system.” (Welsh Office circular 35/95)

20.7 In reaching decisions on individual land allocations or planning applications, the Council must take account of all material considerations including the capacity of the infrastructure necessary to support the proposed development. If development takes place without adequate provision, existing facilities are placed under an increased burden to the detriment of the wider community and public resources. Planning agreements may be used in these circumstances in addition to conditions on a planning permission, for matters which would be inappropriate as conditions.

20.8 Appendix 1 highlights examples of appropriate provisions which could be sought through conditions and/or entering into planning obligations with developers, though this list is not exhaustive and where appropriate, other provisions may be sought.

20.9 Obligations will require developers to provide infrastructure which is either needed to allow the development to commence or is directly related to the use of land after its completion. The Council will aim to secure the provision of facilities or contributions where they are fair, necessary and appropriate, to meet the needs of the occupiers and users of the development and the local community. In these circumstances it may be reasonable for developers to provide affordable housing and to meet the full costs of community, educational and recreational facilities required as a direct result of the development, together with contributions for ongoing maintenance costs and/or the transfer of land to Council ownership, or where the development creates the need for extra facilities such as access roads or open spaces. Improvements to existing facilities may also be sought, or contributions may be sought for off-site provision.

20.10 Planning obligations must be reasonably necessary to the granting of planning permission and must be relevant to planning and directly related to the development being permitted. Such agreements cannot be used to make a proposed development acceptable where it would be otherwise unacceptable on planning grounds. The obligations contained within the agreement must also be reasonable in scale and nature.


Enforcement of Planning Legislation


Implementation Statement 2 Compliance and Enforcement

The Council will seek to monitor planning compliance and use its enforcement powers to control unauthorised development and use of land and buildings, to ensure that development is carried out in accordance with planning legislation.

20.11 The policies and proposals contained in the UDP are in the main implemented through the development control process. The Council will therefore expect applications for planning permission to comply with the policies and provisions of the Plan and relevant supplementary planning guidance, and development is carried out in accordance with the conditions imposed on planning permissions. The Council will seek to be as proactive as possible in monitoring compliance with these conditions.

20.12 In order for the development control system to work effectively however, and for the community to have confidence in it, it is necessary from time to time to ensure that breaches of planning legislation are properly enforced. It is the Council’s policy to pursue effective and appropriate enforcement action to remedy the undesirable effects of unauthorised development and activities, and to deter those who would otherwise seek to undermine the operation of the planning system.




Implementation Statement 3 Monitoring the Plan

The Council will continuously monitor the effectiveness of policies and proposals in the Plan and will respond to changing economic, social, environmental and legislative circumstances in order to review and update the Plan.

20.13 It is important that the policies and proposals in the UDP are regularly monitored and reviewed in order to gauge their effectiveness as they are implemented. Regular monitoring will indicate whether or not the Plan’s aims are being met, and will ensure that it remains the most appropriate and locally accepted response to current issues of environmental, social and economic importance.

20.14 A series of indicators and targets relating to the strategic and policy-specific aims of the Plan have been devised and are included with each section of the Plan. The targets are repeated here and will enable monitoring of the policies and proposals in the UDP and provide information on whether its aims are being met.

20.15 Further details of the monitoring arrangements will be produced as supplementary planning guidance which will outline the process and rationale behind the indicators and targets as well as the data sources and systems to be used, and linkages to aims and targets in other corporate strategies.

20.16 The Council will prepare an annual monitoring report on the implementation of the UDP which will examine the performance of the Plan in relation to its targets and indicators, and will include suggested action where targets are not being achieved. In addition, the Council will continue to develop and produce a series of technical reports on key areas such as housing land availability, employment land availability, planning application statistics, and information on the use of policies in determining applications.

20.17 The Council will also continuously monitor and where necessary, update its sustainability appraisal of the UDP and its policies as part of the monitoring arrangements, to ensure that the strategic aims of the plan remain relevant and sustainable. The Council will also undertake monitoring of the Plan’s policies under EMAS (Eco-Management and Audit System).

Target 1

No loss of green barrier land to development

Target 2

No development in open countryside contrary to policy

Target 3

Minimise the loss or damage through development to sites of international, national or County geology/wildlife/nature conservation importance

Target 4

Minimise the loss or damage through development to designated sites and buildings of international, national or County heritage importance and ensure adequate recording before any change

Target 5

Adopt a Parking Management Strategy

Target 6

Achieve a minimum of 30 dwellings/ha on all allocated sites

Target 7

Achieve 30% affordable housing on all large housing sites

Target 8

85% of new retail floorspace located in and around town, district and local centres

Target 9

No highly vulnerable development within areas of flood risk where there is an unacceptable risk of flooding.


Supplementary Planning Guidance


Implementation Statement 4 Supplementary Planning Guidance

The Council will prepare Supplementary Planning Guidance to support the UDP, which will include detailed guidance concerning major developments, individual sites, development issues, and particular types of development. All development proposals will take account of SPG where relevant, which will be a material consideration in determining planning applications.

20.18 In order to provide further guidance in interpreting and implementing the policies and proposals in the UDP, the Council will produce a series of Supplementary Planning Guidance (SPG) covering a range of topics of both strategic and local significance. Where appropriate they will be cross referenced to specific policies in the Plan.

20.19 It is intended that the guidance will be the subject of consultation and formal adoption, and whilst not having the same status as the adopted Plan, will nevertheless become material considerations in determining planning applications. SPG will be particularly useful where planning circumstances change and when a full review of the Plan is not necessary. SPG will be kept consistent with the UDP and will be monitored, revised or revoked where necessary. Appendix 2 shows a suggested list of SPG to be updated or produced anew.

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