Regulation 18 draft Local Plan

One of the core planning principles set out in paragraph 16 of the National Planning Policy Framework (NPPF) is that planning should drive and support sustainable economic development, and this includes the delivery of infrastructure. Paragraph 20 requires that Local Plans should include strategic policies for the provision of transport infrastructure, telecommunications, waste management, water supply, wastewater, and flood risk. The council should work with other authorities and infrastructure and service providers to assess the quality and capacity of this infrastructure and take account of the need for strategic infrastructure within their areas.

The policies and proposals in the Local Plan are key to the delivery of the local plan vision. However, it is important to recognise that other factors and processes will also influence this, including other organisation's plans and strategies and investment by the public, private and voluntary sectors, individuals, and businesses. Ultimately, it is the investment of individuals, developers, businesses, residents, and other organisations which deliver new development, economic growth and implement many of the Local Plan's policies. It is therefore important that the Local Plan provides clarity about what is required to deliver growth in a way which benefits the wider community.

The term 'infrastructure' in its broadest sense means any service or facility that supports Rutland and its population. It includes, but is not restricted to the following:

• transport: highways, rail, bus, cycling, and pedestrian;
• education: nursery and pre‐school, primary, secondary, further, higher, and adult education;
• energy: gas and electricity generation and provision;
• water: supply, wastewater and surface water drainage, flood defences and flood risk management;
• information and communications technology: telecommunications, broadband and cable television;
• health: hospitals, health centres/GP surgeries, dental practices, pharmacies and hospices;
• green/blue Infrastructure and open space: amenity green space; children's play areas, outdoor sports playing pitches; parks and gardens; natural and semi natural green space; and allotments;
• emergency services: police, fire service and ambulance;
• community services: libraries and community centres; and
• waste management: refuse collection and disposal, recycling.

The draft Local Plan has been prepared alongside a draft Infrastructure Delivery Plan (IDP). The Draft IDP is the first stage in the process of planning for infrastructure and identifies the infrastructure required to sustainably meet the overall level of growth proposed in the Local Plan over the plan period. The draft IDP gives a broad overview of the way certain infrastructure is planned and the agencies involved in its delivery. The draft IDP provides a baseline for a more detailed IDP to be prepared to support the next version of the Local Plan. This will identify specific infrastructure projects together with costings and likely funding mechanisms, in particular those that are critical to delivering the growth proposed in the Local Plan.

The detailed IDP will include an infrastructure list identifying the key infrastructure needed to support individual sites and growth proposals. This will be used by the Council to consider the prioritisation of funding from CIL towards critical and essential infrastructure.

The council is commissioning technical experts to meet an agreed programme to develop the detailed IDP following consultation on this draft version of the plan and through the early part of 2024 to ensure that it considers the final scale of housing and employment and the specific site allocations. The detailed IDP will be published alongside the Regulation 19 submission Local Plan.

The infrastructure list identifies infrastructure requirements and the timescales for delivery, together with an indication of the estimated costs, sources of funding and delivery partners. The Council recognises that resources are limited and there may be a need to prioritise funding and delivery of infrastructure over the plan period. By prioritising infrastructure requirements, it is possible to identify where fundamental constraints to growth and viability are, which may require early "pump priming", therefore preventing development being unduly stifled.

A variety of agencies are responsible for delivering infrastructure, and work is underway by service providers to identify future requirements and deliver infrastructure requirements to enable development over the plan period. The Local Plan policy and the IDP focus on infrastructure provision, which is critical to delivering the new Local Plan, in particular those which may require public funding or developer contribution.

Consultation with utility and service providers responsible for the delivery of infrastructure and other services has been ongoing through the preparation of the Local Plan. Service providers usually have their own future plans and in general these are for different timeframes to the Local Plan, often only covering 3 to 5 years ahead. Where they are available these plans have provided information on currently known planned infrastructure improvements and likely new infrastructure needed to support the delivery of level of growth proposed. The Council will continue to engage with service providers to update the evidence base on infrastructure and additional requirements as they become known.

The IDP provides the opportunity to appropriately align the work of partner organisations and service providers such as water and energy provision by utility companies, the County Council's own highways, education, and social services and healthcare provision by NHS Integrated Care Board (ICB) for Leicester, Leicestershire and Rutland and for Lincolnshire. The Council and partners will work with Local Enterprise Partnerships and Homes England to secure both direct funding and recoverable finance for infrastructure projects where appropriate. We will also work with infrastructure and service providers to align their strategies and investment plans to the Local Plan.

The Council will continue to work with all its partners involved in the delivery of development and infrastructure to establish a shared understanding of investment priorities and ensure that the risk to delivery is mitigated or addressed at an early stage.

The overall context for public funding in recent years has been one of reducing budgets and an increased reliance on competitive funding and the private sector to deliver services and new infrastructure. At the same time, the ability of development to contribute to infrastructure can be limited by viability constraints. The viability of development types has been considered in light of all of the policy requirements included in the draft Local Plan, through a Whole Plan Viability Study 2023.

The Whole Plan Viability Study considers the viability of a range of types of development proposals included in the plan alongside the cumulative impact of the policies requirements included in the Local Plan together with CIL. Its purpose is to ensure that cumulatively, the policy requirements together with CIL do not jeopardise the viability of development and therefore put the strategy at risk of being delivered.

Green and blue infrastructure and waste management infrastructure are covered by separate policies within this plan. The Council has prepared a Blue and Green Infrastructure Strategy (2023), which deals with the provision of these types of infrastructure in more detail.

The provision of infrastructure, particularly that which involves the movement of people, vehicles, or water across the County and its administrative boundaries, have been discussed through the duty to cooperate with neighbouring and County authorities. These discussions will actively continue to ensure that the impact of growth is appropriately mitigated.

The capacity of existing infrastructure and the ability of that infrastructure either with or without new or expanded facilities to accommodate development has formed a fundamental part of developing the spatial strategy and distribution of development in this Local Plan.

Community Infrastructure Levy and Developer Contributions

In March 2016 the Council adopted a Community Infrastructure Levy (CIL) to help meet the needs for additional community infrastructure.

CIL payments are required for the four categories of development for which it is deemed viable in Rutland, as listed below. The Council will calculate the amount of CIL payable ("chargeable amount") in respect of a chargeable development in accordance with Schedule 1 of the CIL regulations 2010 (as amended). This means that payments are determined by the net increase in floor space multiplied by the CIL rate which is index linked from the base rate set on 1st March 2016 as follows: The CIL Charging schedule came into force on 1st March 2016.

Table 7

* The index used is the National All-in Tender Price published by the Build Cost Information Service (BCIS) on 1 November for the preceding calendar year. From 1 January 2020, the index is the RICS CIL Index published on or around 1 November each year to apply 1 January the following year. The CIL rates will be index linked from the base year (March 2016) to the date when permission is granted.

** Residential development includes new dwellings and annexes of any size and domestic extensions with a floorspace of 100m2 or greater.

Other developments are not deemed viable to pay CIL. The CIL regulations determine that development which is self-build (including housing, residential annexes and house extensions) may be eligible for exemption from CIL subject to the required forms being submitted and the conditional criteria being met. The CIL regulations also determine that most forms of social housing/affordable homes are also able to claim relief from CIL. There are other forms of residential development that the County Council has determined to be not sufficiently viable in Rutland to pay CIL. This means that residential care homes and other residential institutions do not pay CIL.

Full details of the Council's CIL Charging Schedule can be viewed on the Council's website.

In addition to CIL, the Council has a need to secure affordable housing. Developer contributions are required to help deliver the need in Rutland for affordable housing. The Council's affordable housing policy and supporting text is set out in Policy H7. Further supporting detail is set out in a Planning Obligations Supplementary Planning Document (SPD) adopted in January 2016.

The Planning Obligations SPD also addresses the need for site specific infrastructure or other planning obligations to be applied where such a requirement accords with national policy tests on necessity (for example, without which planning permission should not be granted). The SPD will need to be reviewed once the Local Plan has been adopted.

Site specific development principles will be included in the Regulation 19 Local Plan for each allocated site. These requirements will be derived from the site assessment process, input for specialist advisers and where applicable from this consultation. It is assumed that the development principles for allocated sites will be provided on site as part of the normal development costs.

In the Issues and Options consultation, we asked you about funding options for infrastructure improvements (Question 59) and 42% of respondents said we should develop a priority plan for new and improved infrastructure based on an assessment of need (critical, necessary, and desirable) and timing. The IDP will do this.

You also told us that the overall prioritisation of infrastructure should be as follows:

1. healthcare
2. affordable housing
3. schools
4. public transport
5. open space
6. leisure facilities
7. cultural facilities
8. road improvements

You also largely agreed (88% of respondents) that the new Local Plan should include development requirements for each allocated site.

The following locational strategies have been considered:

• focus new growth in a single location where infrastructure investment can be concentrated, such as in a new settlement or a major urban extension and
• focusing new development on areas where there is existing capacity or certainty about the delivery of infrastructure improvements, although in reality there is capacity for different facilities in different places.

Infrastructure Delivery Plan (Draft) 2023

Local Waste Management Needs Assessment (August 2023)

Water Cycle Study 2023

Whole Plan Viability Assessment (October 2023)

Green and Blue Infrastructure Strategy (July 2023)

Rutland health inequalities plan

Staying healthy partnership plan

CS7 – Delivering socially inclusive communities

CS8 – Developer contributions

CS23 - Green Infrastructure, open space, and recreation

CS25 - Waste management and disposal

SP14 - Telecommunications and high-speed broadband

SP28 - Waste-related development

The NPPF sets out the importance of sustainability in relation to transport, in particular the need to ensure developments that generate significant movements are located where the need for travel will be minimised and the use of sustainable travel can be maximised. It also requires that transport issues should be considered from the earliest stages of plan making, the planning system should actively manage patterns of growth in support of the transport objectives in the NPPF, and it sets out transport requirements to be taken into account in the development of planning policies.

The Council will use Government publication 'Manual for Streets'[1] and the Design Manual for Roads and Bridges (DMRB) which contain guidance on highway design and traffic management issues encouraging the shift away from motorists towards pedestrians, cyclists and public transport and controlling vehicle speeds through the layout of the development.

The Government's policy on car parking standards requires local authorities to set standards for their area, taking account of local circumstances. Policy INF2 Criterion h) sets out that new development should provide an adequate level of car parking in line with the Council's published car parking standards which are on the Council's website.

The Council's role as the highway and planning authority is central to meeting the Council's strategic objectives. This is primarily guided by the Council's Local Transport Plan (LTP4) and other strategies which will include a Local Cycling and Walking Improvement Plan (LCWIP) and a Sustainable Modes of Travel Strategy (SMOTS) which are expected to be approved later this year. The Spatial Strategy is designed to reduce need to travel by car through locating development proposals in the most accessible locations. This includes allocating sufficient land to meet the majority of the County's housing and economic development need in and around the towns.

The Council's challenge is to take a co-ordinated approach across all modes of transport, whilst recognising the individual access requirements of specific development proposals. Better use of existing transport infrastructure and the provision of new infrastructure will be required which is safe and well designed for multiple transport modes. In some cases, this will need to be provided across the County boundary, which will require joint working with the surrounding local highway authorities, National Highways and the transport providers.

It is recognised that improving accessibility and providing realistic alternatives to car travel in a rural area like Rutland is particularly challenging. Residents without access to a private car can be isolated and have significant issues in accessing employment, education and training as well as other services and facilities. Therefore, the location of new development can have significant impact on achieving sustainable patterns of travel and accessibility.

Rutland's fourth Local Transport Plan (LTP4) 2019. This runs through to 2036 and sets out the overall strategy and some of the delivery arrangements for transport across the County. The vision of LTP4 is to deliver a transport network and services that:

• facilitate delivery of sustainable population and economic growth;
• meet the needs of our most vulnerable residents; and
• support a high level of health and wellbeing (including combating rural isolation).

To help deliver this vision and provide access to services, the County Council as local highway authority will utilise the contributions arising from new development and supplement, where possible, through other funds, improvements to:

• the local highway network,
• walking and cycling infrastructure (including those identified within the County Council's Local Cycling and Walking Infrastructure Plan – once developed),
• public transport infrastructure and services; and
• voluntary and community transport initiatives.

The Council will continue to work in partnership with Network Rail and the Department of Transport to improve passenger rail provisions and facilities serving Rutland.

Active travel is a government initiative focussed on getting more people to walk and cycle for short journeys instead of relying on cars and public transport. This is a way of improving the health and fitness of communities across the country and improving air quality by reducing congestion and carbon emissions in urban areas. Opportunities to promote active travel are limited by the rural nature of Rutland. However, active travel solutions may be the answer to some issues of isolation and rurality for parts of Rutland. The focus on promoting walking, cycling, and public transport use will apply within the towns and surrounding settlements and within new development: the allocated sites represent significant opportunities in this respect. In turn, such a focus contributes to the management of levels of traffic generated by new development, creating safer road spaces, good air quality and physical activity. It is important that active travel solutions are considered as part of the early design stage of development proposals to ensure that routes are appropriately located, enhance connectivity and are properly designed and constructed.

Active Travel routes for cycling and walking have a key role to play in connecting new development to the wider transport network, accessing services and facilities, and promoting low-cost sustainable, healthy travel in the County. Furthermore, Rutland is ideally placed to take advantage of the increase in popularity of walking and cycling holidays. The continued development of an accessible green-blue infrastructure network of footways, cycleways, public rights of ways (PROW) and green spaces in the County will support tourism, promote healthy living and encourage walking and cycling.

There is also recognition that technology, and the most appropriate ways to take advantage of it, is rapidly developing and is likely to start to impact on transport over the plan period (for example, driverless technology, etc.). The Council will therefore encourage technological development in transport to meet the needs of effective transportation methods, and to improve the wellbeing of residents and businesses. This will include seeking to 'future proof' access networks and using innovative smart solutions.

The Council will work with industry to promote sustainable transport movements of minerals and waste and encourage alternatives to road-based transport in order to reduce adverse impacts on communities and the environment. Planning applications for mineral and waste development will be expected to show that alternatives to road-based options for transporting minerals and waste have been considered, for example rail, conveyor, pipeline and water.

However, it is acknowledged that the majority of mineral and waste produced in Rutland is transported over relatively short distances, with alternatives to road transport being limited apart from those relating to Ketton cement works. Potential adverse effects of traffic generated by mineral developments should be minimised, particularly in relation to effects on local communities, the environment and the local road network. The Council may also seek mitigation measures to control the impact of road haulage by controlling the operation of minerals sites through routing agreements, output limits, hours of operation, etc. as appropriate. All significant proposals will be expected to prepare a transport assessment and a site transport plan. The transport plan will act to supplement and underpin transport related conditions attached to the planning consent. Such a requirement would, however, only apply to new sites or extensions or where there is a proposal to increase lorry movements at existing sites.

The Issues and Options consultation explored a number of options for promoting sustainable travel in Rutland. These options recognised that as a rural county, a reliance on private car journeys is inevitable. 21% of the respondents supported an approach which continued a dispersed pattern of development which direct development to the most sustainable locations or the option to focus new development on areas where there is existing capacity or certainty about the delivery of infrastructure improvements (26% of respondents). Support was also shown for developing a priority plan for new and improved infrastructure based on an assessment of need and timing. The IDP will provide this.

Comments were also made about encouraging the use of a range of sustainable travel options and the inclusion of policies to actively promote sustainable travel, and policies to improve walking and cycling connections.

To include policies which actively discourage the use of private cars.

Focus development in a single location where the benefits of infrastructure investment can be concentrated.

Local Transport Plan 4 (2019)

Local Cycling and Walking Improvement Plan (2023)

CS18 – Sustainable transport and accessibility