2.2 The Planning (Local Development Plan) Regulations (Northern Ireland) 2015

2.2 The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 PART 2: Timetable

Regulation Requirement Comments Evidence

Timetable Preparation 5 The council must, in the preparation of the timetable, consult the planning appeals commission and such of the consultation bodies as the council considers appropriate.

6 (2) (a&b) The timetable must include indicative dates for each stage of the preparation of the local development plan including indicative dates for:

 publication of the preferred options paper;  publication of the plan strategy and publication of the local

policies plan;

 adoption of the plan strategy and adoption of the local

policies plan; and

 the carrying out of the appraisal under sections 8(6)(a) and

9(7)(a) and the preparation of the report on the findings of the appraisal under sections 8(6)(b) and 9(7)(b).

The Planning Appeals Commission (PAC) were consulted with the original timetable on 14 April 2016. Appendix 3

The LDP Timetable sets out the key stages and indicative timescales in the process to produce the LDP. Its purpose it to help ensure that the plan process is managed efficiently and that key stakeholders including the consultation bodies and the PAC, are kept informed and can manage their own resources.

The original timetable and three subsequent revisions include indicative dates for:  Publication of the Preferred Options Paper;  Publication of the draft Plan Strategy and draft Local Policies Plan;  Adoption of the Plan Strategy and Local Policies Plan; and  Carrying out the Sustainability Appraisal and publication of reports. See DPS-406 - DPS-409

7 (1) (a) The timetable must be approved by resolution of the council prior to submission to the Department for its agreement.

7 (1) (b) The timetable must be submitted to the Department.

 Original - The initial timetable was approved by full Council on 3 May 2016.  1st Revision - This revised timetable was approved by full Council on 2 May 2017.  2nd Revision - This revised timetable was approved by full Council on 4

March 2019.  3rd Revision - This revised timetable was approved by full Council on 2

November 2020.

 Original - The initial timetable was submitted to DfI on 4 May 2016.  1st Revision - This timetable was submitted to DfI on 17 May 2017.  2nd Revision - This timetable was submitted to DfI on 7 March 2019.  3rd Revision - This timetable was submitted to DfI on 6 November 2020. Appendix 4

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7 (4) Until such time as the Department agrees the timetable, the council must not, in the preparation of a local development plan, advertise its preferred options paper.

8 (1) (a) Where a timetable is agreed, the council make a copy available for inspection at its principal office and any other places within the district considered appropriate

 Original - The initial timetable was agreed by DfI on 26 May 2016, prior to the statutory advertisement of the week commencing 5 June 2017.  1st Revision - This revised timetable was agreed by DfI on 2 June 2017, prior to the statutory advertisement of the Preferred Options Paper week commencing 5 June 2017. Appendix 4 and 10

 Original - The initial timetable was available for inspection at Mid and East

Antrim Planning Department, County Hall, 182 Galgorm Road, Ballymena,

BT42 1QF.  1st Revision - This revised timetable was available for inspection at Mid and

East Antrim Planning Department, County Hall, 182 Galgorm Road,

Ballymena, BT42 1QF.  2nd Revision - This revised timetable was available for inspection at Mid and

East Antrim Planning Department, County Hall, 182 Galgorm Road,

Ballymena, BT42 1QF. Further to the relocation of the Council’s principal planning office, copies were also made available at Silverwood Business

Park, 190 Raceview Rd, Ballymena, BT42 4HZ.  3rd Revision - The revised timetable is available for inspection by appointment at Mid and East Antrim Planning Department, Silverwood

Business Park, 190 Raceview Rd, Ballymena, BT42 4HZ.

8 (1) (b) The council must give notice by local advertisement that the timetable is available for inspection and the place and times at which it can be inspected.

 Original – This initial timetable was advertised in local papers from week commencing 8 August 2016.  1st Revision - This revised timetable was advertised in local papers from week commencing 26 June 2017.  2nd Revision - This revised timetable was advertised in local papers from week commencing 8 April 2019.  3rd Revision - The revised timetable was advertised in local papers from week commencing 14 December 2020. Appendix 5

8 (1) (c) The council must publish the timetable on its website. The original timetable and all subsequent revisions were published on the Mid and East Antrim Borough Council website.

7 & 8 All revisions of the timetable must be in accordance with the requirements of Regulations 7 & 8.

As indicated above all revisions to the timetable were made in accordance with regulations 7 and 8. As outlined above

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https://www.mid andeastantrim.g ov.uk/business/ planning/localdevelopmentplan/localdevelopmentplan-ldptimetable/

PART 3: Preferred Options Paper

Regulation Requirement Comments

Preparation of the Preferred Option Paper 9 (1) The Council, for the purpose of generating alternative strategies and options, must engage with the consultation bodies prior to publication of the Preferred Options Paper.

9 (2) In preparing the preferred options paper the council must take into account any representation received from the consultation bodies.

Availability of the Preferred Option Paper 10 (a) & (b) The Council must make the following documents available for inspection at the Council’s principal offices and other such places within the Council district as the Council considers appropriate:

 A copy of the Preferred Options Paper;  A copy of any relevant supporting documents;  A document which indicates dates within which

representations on the Preferred Options Paper may be made; and

 Notice of the address to which representations are to

be sent.

Council contacted the consultation bodies in the summer of 2016 advising them that work had formally commenced on the LDP and inviting them to: review the LDP Position Papers relevant to their area of responsibility, advise of any strategic issues or concerns, advise on the appropriateness of the existing suite of PPS’s and to identify if any other stakeholders should be consulted. Council subsequently engaged throughout 2016 with consultation bodies as well as other relevant consultees and stakeholders through a series of meetings based on broad topics prior to publishing the Preferred Options Paper. These meetings explored alternative strategies and options and helped informed the Preferred Options Paper key issues and preferred options. Appendix 6 and 7

The council has taken account of all comments received from the consultation bodies arising during the pre-Preferred Options Paper engagement.

A copy of the Preferred Options Paper and supporting documents were made available for inspection at the Mid and East Antrim Planning Department plus three other Council offices (Ballymena town, Larne town and Carrickfergus town) during normal office hours.

The ‘Have Your Say’ section within the Preferred Options Paper stated the dates within representations should be made and the postal address for representations to be sent. In addition, ‘Have your say’ postcards were made available at the above locations and at Community Centres throughout the Borough which stated the dates within representations should be made and how to respond, including the postal address for representations to be sent. Appendix 8

10 (c) The council must send the consultation bodies the Preferred Options Paper; supporting documents, details of when representations can be made and the address for submitting representations.

The council notified the consultation bodies on 14 June 2017 regarding the availability of the Preferred Options Paper and supporting documents; details of where they could be inspected; the date when representations should be made by and the postal address for representations to be sent. Appendix 9

Evidence

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10 (d) The Council must give notice by local advertisement of the following:

 The title of the Local Development Plan;  A statement that the Preferred Options Paper is

available for inspection and the places and times at which it can be inspected;

 A brief description of the content and purpose of the

Preferred Options Paper; and

 Details of how further information on the Preferred

Options Paper may be obtained.

10 (e) The Council must publish the following on its website:

 The Preferred Options Paper;  Supporting documents considered relevant to the

Preferred Options Paper; and

 A document indicating dates within which

representations on the Preferred Options Paper may be made and the notice of the address to which representations are to be sent.

The Preferred Options Paper was advertised in local papers from week commencing 5 June 2017 and these public notices included:  The title of the LDP – “Local Development Plan 2030 – Preferred Options Paper”;  Details as to availability of the document within Council offices including their locations and opening times;  Broad details in regard to the scope and purpose of the Preferred Options

Paper; and  Details of public and drop in events and the availability of planning staff during normal office hours as part of the public consultation. Appendix 10

Council published on its website:  The Preferred Options Paper;  Supporting documents;  The dates within representations on the Preferred Options Paper may be made; and  Details of how to make a representation, including the postal address for submitting representations.

In addition to a notice on the website giving details of the consultation period along with how and where to send representations, these details were also included within the ‘Have your say’ section within both the Preferred Options Paper and the Preferred Options Paper summary, which were published on the Council website. Appendix 11

Public Consultation on the Preferred Option Paper 11 (3) The public consultation period for the Preferred Options Paper must be between 8 and 12 weeks, starting on the day the Council complies with regulation 10(a).

11 (4) The Council must take account of any representations to the Preferred Options Paper before preparing a Development Plan Document.

The public consultation period for the Preferred Options Paper was from Wednesday 14 June 2017 until 5pm on Wednesday 6 September 2017 (12 weeks). Appendix 10

Council fully considered all representations received to the Preferred Options Paper public consultation. Council has prepared a Preferred Options Paper Public Consultation Report, which provides an overview of the main findings of the Preferred Options Paper public consultation and provides a summary of the key issues raised in the responses and the Council’s initial consideration of these. This report was published prior to preparing the draft Plan Strategy. See DPS-506

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PART 4: Form and Content of development plan document

Regulation Requirement Comments

Form and Content of a development plan document 12 (1) (a) The development Plan document must contain a title which indicates the name of the district Council for which the development plan is prepared and indicates whether it is a plan strategy or local policies plan.

The title of the development plan document is as follows: ‘Mid and East Antrim Borough Council – Local Development Plan 2030 – Draft Plan Strategy’.

12 (1) (b) The development plan document must contain a subtitle which indicates the date of the adoption of the development plan document.

The plan has not yet been adopted and therefore no adoption date has been finalised.

12 (2) The development plan document must contain a reasoned justification of the policies contained within it.

Each of the Strategic Spatial Proposals and the Strategic Subject Policies are accompanied with a reasoned justification and amplification text within the document. DPS-101

12 (3) The development plan document must contain those parts which comprise polices of the LDP and those parts which comprise the reasoned justification which must be readily distinguishable.

Every policy is comprised within a separate coloured box as per the corresponding theme. The justification and amplification is noticeably distinguishable from this and is located directly below each policy box with a clear heading. DPS-101

Proposals Map 13 (1) A development plan document must contain a map or maps (proposals map) describing the policies and proposals set out in the development plan document so far as practicable to illustrate such policies and proposals spatially.

13 (2) The proposals map is to be sufficiently detailed so as to enable the location of proposals for the development and use of land to be identified.

There are three maps which accompany the draft Plan Strategy which illustrate the policies at a level deemed to be acceptable for a strategic document. As the LDP will be produced in two stages, more detailed maps describing the policies will be provided at Local Policies Plan stage. DPS-102 –DPS-104

Each map is sufficiently detailed with a title and key illustrating the location and extent of strategic designations, appropriate to this strategic stage of the LDP process. DPS-102 –DPS-104

Evidence

DPS-101

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Additional matters to be taken into account 14 (1) (a) The council must take into account when preparing the LDP the objectives of preventing major accidents and limiting the consequence of such accidents.

The council must take into account when preparing the LDP the long-term objective to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas of particular natural sensitivity or interest.

The council must take into account when preparing the LDP, in the case of existing establishments, for additional measures in accordance with Article 5 of the Directive so as not to increase the risks to people.

The objectives of preventing major accidents and limiting the consequences of such accidents is included in Policy GP1 ‘The General Policy for all Development’. This policy will ensure that new development is not located in unacceptable locations in the vicinity of COMAH sites, under the criteria relating to safety and the safeguarding of human health/well-being. Council will continue to consult the relevant authorities in regards development in the vicinity of COMAH sites.

The objective of maintaining appropriate distances between establishments covered by the Directive (i.e. Council Directive 96/82/EC on COMAH involving dangerous substances) is incorporated into Policy GP1 ‘The General Policy for all Development’, under the criteria relating to safety and the safeguarding of human health/well-being.

Council will continue to consult the relevant authorities in regards development in the vicinity of COMAH sites.

Maintaining appropriate distances will also be an importance consideration at Local Policies Plan stage when zoning land for particular uses. DPS-101, pages 112 119

The objective of not increasing risks to people arising from existing establishments in accordance with the Directive (i.e. Council Directive 96/82/EC on COMAH involving dangerous substances) is incorporated into Policy GP1 ‘The General Policy for all Development’, under the criteria relating to safety and the safeguarding of human health/wellbeing.

Council will continue to consult the relevant authorities in regards development in the vicinity of COMAH sites. Not increasing risks to people arising from existing establishments will also be an important consideration at Local Policies Plan stage when zoning land for particular uses. DPS-101, pages 112 119

DPS-101, pages 112 119

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PART 5: Development Plan document procedure

Regulation Requirement Comments

Availability of a development plan document 15 (a) & (b) The Council must make the following documents available for inspection at the Council’s principal offices and other such places within the Council district as the Council considers appropriate:

 A copy of the development plan document;  A copy of the sustainability appraisal report;  A copy of any relevant supporting documents;  A document which indicates dates within which

representations on the development plan document may be made; and

 Notice of the address to which representations are to

be sent.

Copies of the following were made available for inspection at the Mid and East Antrim Planning Department plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours:  Draft Plan Strategy and accompanying district proposal maps;  Draft Equality (Section 75) Screening Report;  Sustainability Appraisal Report;  Sustainability Appraisal Non-Technical Summary;  Sustainability Appraisal Scoping Report;  Draft Habitats Regulations Assessment Report; and  Rural Needs Impact Assessment of the Draft Plan Strategy

The ‘Have Your Say’ section within the draft Plan Strategy stated the dates within representations should be made and the postal address for representations to be sent. In addition, the ‘Have your say’ leaflet which stated the dates within representations should be made and how to respond, including the postal address for representations to be sent were made available at the above locations and libraries and leisure centres throughout the Borough.

15 (c) The council must send the consultation bodies the draft Plan Strategy, Sustainability Appraisal report, any relevant supporting documents, details of when representations can be made and the address for submitting representations.

The council notified the consultation bodies on 3 October 2019, giving details of the consultation period, the availability of all documents and how/when to make a submission. Appendix 13

15 (d) Notice must have been given in the Belfast Gazette and by local advertisement which includes the title of the development plan document and a statement that the development plan document is available for inspection and the places and times at which it can be inspected. Belfast Gazette

Advance public notice of the draft Plan Strategy was published in the Belfast Gazette week commencing 2 September 2019. Further public notice of the draft Plan Strategy was published in the Belfast Gazette week commencing 7 October 2019 to coincide with the commencement of the formal consultation period. These notices stated:  The title of the document – ‘Mid and East Antrim Local Development Plan 2030 – publication of draft Plan Strategy’; and Appendix 14

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Evidence

Appendix 12

 Where and when the draft Plan Strategy could be inspected.

Local Advertisement

Advance public notice of the draft Plan Strategy was advertised in local papers week commencing 9 September 2019. Further public notice of the draft Plan Strategy was advertised in local papers from week commencing 7 October 2019 to coincide with the commencement of the formal consultation period. These notices stated:  The title of the document – ‘Mid and East Antrim Local Development Plan 2030 – publication of draft Plan Strategy’; and  Where and when the draft Plan Strategy could be inspected.

15 (e) The development plan document, any supporting documentation and the notice stating when a representation can be made must be published on the council website.

The following documents were published on the Mid and East Antrim Borough Council website:  Draft Plan Strategy and accompanying district proposal maps;  Draft Equality (Section 75) Screening Report;  Sustainability Appraisal Report;  Sustainability Appraisal Non-Technical Summary;  Sustainability Appraisal Scoping Report;  Draft Habitats Regulations Assessment Report;  Rural Needs Impact Assessment of the Draft Plan Strategy;  13 Technical Supplements; and  ‘Have your say’ leaflet.

In addition to a notice on the website giving details of the consultation period along with how and where to send representations, these details were also included within the ‘Have your say’ leaflet and ‘Have your say’ section within the draft Plan Strategy. Appendix 15

Public Consultation on a development plan document 16 (2) (a) Representations must be made within a period of eight weeks and (b) starting on the day the council gives notice in the Belfast Gazette and by local advertisement, and must be sent to the address specified.

The period of public consultation for the draft Plan Strategy was for 8 weeks from 16 October 2019 to 5pm on 11 December 2019. N/A

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Availability of representations on a development plan document 17 (1) (a) The council must (as soon as reasonable practicable after the and (b) statutory eight week consultation period) have made the following available for inspection, at the Council’s principal offices and other such places within the Council district as the Council considers appropriate, after the statutory eight weeks consultation period:

 A copy of the representations;  A Document with the dates within which counter

representations may be made; and

 Notice of the address to which counter representations

can be sent.

The statutory consultation period ended on the 11 December 2019.

Copies of all representations were made available for inspection from 31 January 2020 at the Mid and East Antrim Planning Department plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours:

A notice advising that counter representations could be made between 31 January 2020 to the 27 March 2020 along with details of the address to which they should be sent accompanied those available in the Council offices. N/A

17 (c) The Council must publish the representations in its website. All representations were made available on the Council’s website from the 31 January 2020, along with details of when and where to submit representations. Appendix 16

17 (d) The Council must have given notice in the Belfast Gazette and by local advertisement of the fact that representations are available for inspection and the places and times at which they can be inspected. Belfast Gazette

Public notice that the draft Plan Strategy representations were available for inspection, along with the places and times at which they could be inspected was published in the Belfast Gazette week commencing 20 January 2020.

Local Advertisement

Public notice that the draft Plan Strategy representations were available for inspection, along with the places and times at which they could be inspected was published in local papers from week commencing 20 January 2020. Appendix 17

17 (e) The Council must have notified consultation bodies of the fact that representations are available for inspections and the places and times at which they can be inspected.

Consultation bodies were contacted on 30 January 2020 to advise that representations were available for inspection from the 31 January 2020 to the 27 March 2020 at the Mid and East Antrim Planning Department, plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours, and on the Councils website. Appendix 18

17 (f) The council must have notified any person who has made (and not withdrawn) a representation in accordance with regulation 16(2).

All those who made a representation to the draft Plan Strategy were contacted on 30 January 2020 to advise that representations to the draft Plan Strategy were available for inspection from the 31 January 2020 to the 27 March 2020, at the Mid and East Antrim Planning Department, plus three other Council office locations (Ballymena town, Larne town and Carrickfergus town) during normal office hours, and on the Councils website. Appendix 19

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Public consultation on site specific policy representations 18 (2) The counter representations must have been made within the dates of the eight week consultation period and sent to the address specified in the public notice.

All counter representations were received during the eight week consultation period, and were sent to the address specified within the public notice. N/A

Availability of representations on site specific policy representations 19 (a) (i) & The council (as soon as reasonable practicable after the (ii) statutory eight week consultation period) must have made a copy of the counter representations available for inspection at its principal offices and other such places within the district of the Council as the Council considers appropriate.

19 (b) The Council must have published counter representations on its website.

Copies of all counter representations were made available for inspection from 10 December 2020 at the Council’s Planning Office, Silverwood Business Park, 190 Raceview Rd, Ballymena, BT42 4HZ.

Copies of all counter representations were made available for inspection on the Council website from 10 December 2020. Appendix 20

Submission of documents for Independent Examination 20 (1) The Council must have considered representations made under Regulation 16 and, as the case may be, Regulation 18.

The Council has fully considered all representations and counter representations received in accordance with Regulations 16 and 18 to the draft Plan Strategy. The Council has prepared a draft Plan Strategy Public Consultation Report (See DPS-142), which provides an overview of the main issues of the public consultation exercise on the Council’s draft Plan Strategy. The report provides a summary of the main issues raised in the responses and the Council’s consideration of these. Following consideration of the draft Plan Strategy representations, Council has also prepared a draft Plan Strategy Schedule of Proposed Modifications (See DPS-143) which was subject to 8 weeks of public consultation.

20 (2) (a-i) The council must submit the following prescribed documents to the department:

 The sustainability appraisal report under section 8(6) (b)

or, as the case may be, section 9 (7) (b);

 The statement of community involvement;  Evidence that the council has complied with the

statement of community involvement;

 Copies of the notices (Preferred Options Paper, draft Plan

Strategy & reps stages);

Council sent a copy of all these documents to DfI in March 2021.

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N/A

See DPS-142 and DPS-143

N/A

 The timetable;  A statement setting out: - A summary of the main issues raised in

representations in accordance with regulation 11(2);

- How those main issues have been taken into

account in the preparation of the development plan document;

 A statement setting out: - If representations were made in accordance with

regulation 16(2), the number of representation made and a summary of the main issues raised on those representations, or

- That no such representation were made;  Copies of any representations made in accordance with

regulation 16(2) or 18(2); and

 Any additional documents the council consider relevant

to the preparation of the development plan document

20 (3) The Council must send a copy of the Plan Strategy to the Department

Council sent a copy of the draft Plan Strategy to DfI in March 2021 N/A

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