Preferred Strategy

Ended on the 7 October 2024

11. Review of Development Management Policies

This section initially provides a review of the Development Management Policies in the Adopted Powys LDP (2011-2026) and recommends how the policies should be carried forward into the Replacement LDP. Following this, additional and new policy areas for inclusion in the Deposit Replacement LDP have been proposed.

key for table below. The information is reiterated in the below table.

11.1 Development Management Policies

Policy Reference	Title	Overview	Recommendation
DM1	Planning Obligations	This policy is functioning effectively.	Carry forward with minimal changes.
DM2	Natural Environment	Reconsider policy to reflect change from European Sites to National Site Network, changes to the national legislative and policy objectives, and in the context of Green Infrastructure Assessment.	Update policy to reflect change from European Sites to National Site Network, changes to the national legislative and policy objectives, and in the context of Planning Policy Wales changes (Net Benefit for Biodiversity, Stepwise approach, Green Infrastructure Assessment, etc).
DM3	Public Open Space	Reconsider policy with Development Management input to provide clarity, together with Green Infrastructure requirements.	Update required to provide clarity regarding identification and implementation of policy, together with Green Infrastructure requirements.
DM4	Landscape	Revise the policy in order to reflect evidence within the Local Landscape Character Assessment and national planning policy/guidance.	Update policy to reflect Local Landscape Character Assessment evidence along with most recent national planning policy/guidance.
DM5	Development and Flood Risk	Reconsider policy in light of new TAN 15 and Flood Map for Planning.	Update policy to take into consideration the forthcoming replacement TAN 15 and FMfP.
DM6	Flood Prevention Measures and Land Drainage	Reconsider policy in light of new TAN 15 and Flood Map for Planning, along with SuDS requirements.	Update policy to take into consideration the forthcoming replacement TAN 15 and FMfP, along with SuDS requirements.
DM7	Dark Skies and External Lighting	This policy is being used mainly in support of planning conditions relating to external lighting schemes to avoid impact on nocturnal wildlife, rather than to assess the impact on light pollution and visibility of the night sky. Reconsider policy in light of national planning policy/guidance and related evidence.	Reconsider policy in light of national planning policy/guidance and related evidence.
DM8	Minerals Safeguarding	This policy supports requirements in national planning policy/guidance but is not being used consistently. Further officer training and constraints mapping will assist, together with revised wording	Carry forward with minimal changes further to officer training and constraints mapping being provided.
DM9	Existing Mineral Workings	This policy is functioning effectively, however additional wording to be added to reflect updated national policies and guidance.	Update with amendments to reflect changes to national policies and guidance.
DM10	Contaminated and Unstable Land	This policy is functioning effectively.	Review policy wording to reflect considerations relating to coal mining features and resources and provide clarity of required survey work at application submission stage.
DM11	Protection of Existing Community Facilities and Services	Reconsider policy to clarify its application, and its relationship with other related policies (e.g. policies R3 and C1) and the marketing requirements.	Review and clarify the scope and wording of the policy, and to provide clearer definitions of community facilities and services.
DM12	Development in Welsh Speaking Strongholds	Reconsider policy in light of updated evidence alongside the Welsh Language Impact Assessment to be undertaken as part of the LDP's Sustainability Appraisal.	Update policy to reflect Welsh Language Impact Assessment and updated evidence.
DM13	Design and Resources	Reconsider policy and elements within it in light of national planning policy/guidance, particularly in respect of sustainability and placemaking principles.	Review of policy required particularly in respect of sustainability and placemaking principles.
DM14	Air Quality Management	This policy is functioning effectively, however additional wording to be added.	Update policy to take into consideration latest legislation in regard to sustainable design principles and air quality advice.
DM15	Waste Within Developments	This policy is not being applied as widely as intended. This will be addressed through discussion with Development Management.	Update required to provide clarity regarding implementation of policy.
DM16	Protection of Existing Employment Sites	This policy is functioning effectively, however the wording will be reviewed to ensure clarity and consistency with the suite of Employment Policies. See also Policy E4.	Review policy wording to ensure clarity and consistency with Employment policies, in particular, E4.

11.2 Topic Based Policies

Policy Reference	Title	Overview	Recommendation
E1	Employment Proposals on Allocated Employment Sites	This policy is functioning effectively. It will need to be re-assessed in the light of any revisions to the Growth and Spatial Strategy. The wording will be reviewed to ensure clarity and consistency with the suite of Employment Policies.	Re-assess policy in light of revisions to the Growth and Spatial Strategy and review wording to ensure clarity and consistency with Employment policies.
E2	Employment Proposals on Non-allocated Employment Sites	This policy is functioning effectively. It will need to be re-assessed in the light of any revisions to the Growth and Spatial Strategy. The wording will be reviewed to ensure clarity and consistency with the suite of Employment Policies.	Re-assess policy in light of revisions to the Growth and Spatial Strategy and review wording to ensure clarity and consistency with Employment policies.
E3	Employment Proposals on Allocated Mixed Use Employment Sites	This policy is functioning effectively. It will need to be re-assessed in the light of any revisions to the Growth and Spatial Strategy. The wording will be reviewed to ensure clarity and consistency with the suite of Employment Policies.	Re-assess policy in light of revisions to the Growth and Spatial Strategy and review wording to ensure clarity and consistency with Employment policies.
E4	Safeguarded Employment Sites	This policy is functioning effectively. It will be subject to updating to ensure the list of safeguarded sites is current and correct and that the policy remains compliant with national policy and updated evidence. See also Policy DM16.	Update policy to ensure list of safeguarded sites is current and correct and that the policy remains compliant with national policy. See also Policy DM16.
E5	Bronllys Health Park	Reconsideration of policy required in light of issues identified in its application, as well as the need to review its relevance going forward.	Reconsider if policy is appropriate or if alternative approach is necessary.
E6	Farm Diversification	Reconsideration of policy to consider diversification within agriculture alongside diversification away from agriculture, alongside any changes in national policy.	Reconsider policy against national policies and consider improving clarity of the policy wording, particularly with regards to diversification within agriculture alongside diversification away from agriculture.
E7	Home Working	The policy is expected to continue to be supportive and flexible to home working, the wording will be reviewed and updated as necessary including with reference to the change in working practices post-Covid-19.	Carry forward with minor amendments.
T1	Travel, Traffic and Transport Infrastructure	Reconsider policy following emphasis in PPW and Future Wales on sustainable travel.	Reconsider policy following emphasis in PPW and Future Wales on sustainable travel.
T2	Safeguarding of Disused Transport Infrastructure	Policy not used. Research should be undertaken to identify the disused railways and disused or unused rail sidings and other transport infrastructure, in the Plan area, as part of the review process. This research will enable an understanding of the policy approach to be taken going forward and may lead to the identification of Green Infrastructure opportunities.	Reconsider if policy is appropriate or if alternative approach is necessary. Research is required to identify the disused railways and disused or unused rail sidings and other transport infrastructure to enable an understanding of the policy approach to be taken going forward and may lead to the identification of Green Infrastructure opportunities.
T3	Newtown By-pass	Policy no longer required. The Newtown Bypass has been constructed and is operational.	Policy to be deleted.
H1	Housing Development Proposals	Revise policy to reflect reconsideration of spatial and growth strategy.	Update policy to reflect revisions to the Growth and Spatial Strategy.
H2	Housing Sites	Revise policy to reflect reconsideration of spatial and growth strategy.	Update policy to reflect revisions to the Growth and Spatial Strategy.
H3	Housing Delivery	This policy is functioning effectively; however it will be reconsidered to reflect any changes in approach towards housing delivery and addressing housing need.	Reconsider policy to reflect any changes in approach towards housing delivery and addressing housing need.
H4	Housing Density	Reconsider policy in light of national planning policy/guidance and further research to inform the approach towards housing density across settlement tiers and development types.	Reconsider policy in light of national planning policy/guidance and undertake further research to inform the approach towards housing density across settlement tiers and development types.
H5	Affordable Housing Contributions	Reconsider policy, including site specific targets, in light of updated evidence of housing need and viability, along with national planning policy/guidance.	Reconsider policy, including site specific targets to reflect High-Level Viability Assessment evidence along with most recent national planning policy/guidance.
H6	Affordable Housing Exception Sites	Reconsider policy in light of national planning policy/guidance. Revisions to the strategy, RSL/SHA programmes, and evidence of affordability and local need, will need to be reflected in the approach towards exception sites.	Reconsider policy in light of national planning policy/guidance. Revisions to the strategy, RSL/SHA programmes, and evidence of affordability and local need, will need to be reflected in the approach towards exception sites.
H7	Householder Development	Policy is generally considered to be working effectively, particularly in respect of ancillary development. Additional wording may be required to reflect further considerations.	Consider additional wording to provide clarity for extensions and annexes i.e. general scale allowances.
H8	Renovation of Abandoned Dwellings	This policy is being used effectively alongside TAN 24 guidance to ensure sympathetic renovation of abandoned dwellings and archaeological assessment or building recording.	Carry forward with minor amendments.
H9	Replacement Dwellings	Issues identified with the interpretation of this policy, particularly around identifying and assessing buildings of local vernacular character. Further policy clarification may be needed to reflect archaeological assessment requirements.	Update policy to provide clarity to reflect archaeological assessment requirements.
H10	Gypsy and Traveller Sites and Caravans	The policy is expected to continue to be supportive and flexible to the provision of sites where required. The wording will be reviewed to ensure it remains up to date and relevant to current policy requirements and arising needs.	Carry forward with minor amendments.
H11	Gypsy and Traveller Site Provision	Current policy will become outdated as needs are met. A new policy will be necessary to reflect updated evidence.	New policy required to reflect the revised GTTA.
R1	New Retail Development	Review Policy in line with findings from updated Retail Study.	Update policy to reflect revisions to the Spatial Strategy and Retail Study
R2	Retail Allocations	Review Policy following findings from the Annual Monitoring Reports.	Policy to be deleted further to recommendations from the Retail evidence that there is no requirement for a retail allocation in the Replacement LDP.
R3	Development Within Town Centres	Review Policy to clarify its application, and its relationship with other related policies, also in light of Covid -19 recovery and the impact upon the high street. The Retail hierarchy and shopping frontages will be reviewed in alignment with the revised spatial strategy and updated evidence.	Review policy to provide clarity on its relationship with other related policies, DM11 and C1.
R4	Neighbourhood and Village Shops and Services	Reconsider policy so that it continues to be supportive, up to date and relevant to sustainable place-making in line with the reconsideration of the growth and spatial strategy. Links to Policies C1 and DM11 should be further explored to ensure a cohesive approach to supporting sustainable communities.	Review policy to provide clarity on its relationship with other related policies, DM11 and C1.
TD1	Tourism Development	Review Policy following findings from the Annual Monitoring Reports. Revision to wording also required to provide clarity.	Review policy wording to provide clarity. Consider new policies to provide clarification regarding appropriate visitor accommodation.
TD2	Alternative Uses of existing Tourism Development	This policy is functioning effectively, however consider if the definition of a rural area needs to be clarified.	Review policy wording to provide clarity.
TD3	Montgomery Canal and Associated Development	Reconsider policy given the role of the Montgomery Canal across several LDP topic areas and within the context of the SAC designation, Green Infrastructure and placemaking.	Reconsider policy as to whether this should sit in the tourism policy framework or if an area policy is more appropriate.
W1	Location of Waste Development	This policy is functioning effectively.	Carry forward with minimal changes.
W2	Waste Management Proposals	This policy is functioning effectively.	Carry forward with minimal changes.
RE1	Renewable Energy	Reconsider policy in light of the publication of Future Wales and changes to the consenting regime.	Reconsider policy in light of the introduction of Future Wales and evidence.
M1	Existing Mineral Sites	This policy is functioning effectively, wording to be assessed and updated as appropriate to reflect any new evidence.	Carry forward with minor amendments.
M2	New Mineral Sites	This policy is functioning effectively, wording to be assessed and updated as appropriate to reflect any new evidence.	Carry forward with minor amendments.
M3	Borrow Pits	There have been no applications with which to test this policy to date. The policy sign posts to national policy so should not require updating.	Carry forward with minimal changes.
M4	Minerals Proposals	This policy is being used effectively, wording to be assessed and updated as appropriate to reflect any new evidence or changes in national policy and to reflect changes to other related policies in the LDP (e.g., landscape and biodiversity).	Carry forward with minimal changes.
M5	Restoration and Aftercare	This policy is functioning effectively, wording to be assessed and updated as appropriate to reflect any new evidence or changes in national policy.	Carry forward with minor amendments.
C1	Community Facilities and Indoor Recreational Facilities	This policy is functioning effectively, however its relationship with Policy DM11 may need clarification.	Review and clarify the scope and wording of the policy, and to provide clearer definitions of community facilities and services.
MD1	Development proposals by the MOD	Policy not used. Consider whether the policy should be included in the Replacement LDP in its current format and if any changes are required.	Reconsider if policy is appropriate or if alternative approach is necessary.

11.3 New Policy Areas for Consideration

Title	Recommendation
Intensive Livestock Units	Further consideration to be given.
Protection of Peat	Further consideration to be given.
Protection of Best Most Versatile Agricultural Land (BMV)	Further consideration to be given.
Heritage Impact Assessments	Further consideration to be given.
Specialist Housing	Further consideration to be given.
Second Homes and short-term holiday lets	Further consideration to be given.
Holiday Accommodation	Further consideration to be given.
Touring Caravan, Camping and Non - Permanent Alternative Camping Accommodation	Further consideration to be given.
Static Caravan and Chalet Sites and Permanent Alternative Camping Accommodation	Further consideration to be given.
Horticultural Rural Enterprise Dwellings (REDs)	Further consideration to be given.
Conversion of Rural Buildings	Further consideration to be given.
Previously Developed Land	Further consideration to be given.
Global Centre Rail Excellence (GCRE)	Further consideration to be given.

Further Consideration

We would like to know your views on the effects the proposals will have on the Welsh language, specifically on opportunities for people to use Welsh and on treating the Welsh language no less favourably than English.

What effects do you think there would be?

How could positive effects be increased, or negative effects be mitigated?

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