Conclusion

4.0 Conclusion

Council considers that the draft Plan Strategy has been prepared in accordance with The Planning Act (Northern Ireland) 2011 and The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 and that it meets all the tests of soundness including in terms of procedures, consistency, coherence and effectiveness. It has been prepared in accordance with the aforementioned legislation and is consistent with the RDS, SPPS, the Mid and East Antrim Community Plan and all other relevant plans and strategies including those of neighbouring Council’s. Furthermore, it follows a coherent strategy and all alternatives have been thoroughly considered as part of the SA/SEA process. The monitoring framework and review process also ensures that the draft Plan Strategy is effective in terms of its delivery.

Mid and East Antrim Council are of the opinion that the draft Plan Strategy complies with Section 10 of the Planning Act (Northern Ireland) 2011 and Regulation 20 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 and is ready for submission for Independent Examination.

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Appendices

Tests of soundness as set out in Development Plan Practice Note 6 Soundness

Procedural tests P1. Has the plan been prepared in accordance with the Council’s timetable and the Statement of Community

Involvement? P2. Has the Council prepared its Preferred Options Paper and taken into account any representations made? P3. Has the plan been subject to sustainability appraisal including Strategic Environmental Assessment? P4. Did the Council comply with the regulations on the form and content of its plan and on the procedure for preparing the plan?

Consistency tests C1. Did the Council take account of the Regional Development Strategy? C2. Did the Council take account of its Community Plan? C3. Did the Council take account of policy and guidance issued by the Department? C4. Has the plan had regard to other relevant plans, policies and strategies relating to the Council’s district or to any adjoining Council districts?

Coherence and effectiveness tests CE1. The plan sets out a coherent strategy from which its policies and allocations logically flow and where cross boundary issues are relevant is it in conflict with the plans of neighbouring Councils. CE2. The strategy, policies and allocations are realistic and appropriate having considered the relevant alternatives and are founded on a robust evidence base. CE3. There are clear mechanisms for implementation and monitoring. CE4. The plan is reasonably flexible to enable it to deal with changing circumstances.

Summary of requirements of The Planning Act (Northern Ireland) 2011, Part 2 Local Development Plans

Section Requirement

Preparation of the timetable

7(1) Has the Council prepared, and kept under review a timetable for the preparation and adoption of the Council’s Local Development Plan?

7(2) Has the Council and the Department attempted to agree the terms of the timetable? Plan Strategy 8(1) Has the Council prepared a plan for its district (to be known as a plan strategy)?

8(2) Does the plan strategy set out— (a) the council's objectives in relation to the development and use of land in its district?; (b) its strategic policies for the implementation of those objectives?; and (c) such other matters as may be prescribed?

8(4) Has the plan strategy been prepared in accordance with— (a) the timetable set out in section 7(1)?; (b) the council's statement of community involvement?

8(5) In preparing a plan strategy, has the council taken account of— (a) the regional development strategy?; (aa) the council's current community plan?; (b) any policy or advice contained in guidance issued by the Department?; and (c) such other matters as the Department may prescribe or, in a particular case, direct, and may have regard to such other information and considerations as appear to the council to be relevant?

8(6) Has the council also— (a) carried out an appraisal of the sustainability of the plan strategy?; and (b) prepared a report of the findings of the appraisal?

Independent Examination

10(1) Has the council submitted every development plan document to the Department for independent examination?

10(2) Prior to submitting such a document has the council: (a) complied with any relevant requirements contained in regulations under this Part?; and (b) does the council consider the document is ready for independent examination?

10(3) Has the council sent to the Department (in addition to the development plan document) such other documents (or copies of documents) and such information as is prescribed?

Preparation of the timetable Content of the timetable

Agreement of the timetable

Availability of the timetable Regulation Requirement

5 Were the Planning Appeals Commission (PAC) and any other consultation bodies the council considered appropriate consulted? 6 (2) (a&b) Does the timetable include indicative dates for each stage of the preparation of the POP including:  Publication of the preferred options paper (POP)?  Publication of the plan strategy (PS) and the local policies plan (LPP)?  Adoption of the PS and the LPP?  The carrying out of the sustainability appraisal under section 8(6) (a) and the preparation of the report on the findings of the appraisal? 7 (1) (a) Has the timetable been approved by resolution of the council prior to submission to the Department for its agreement? 7 (1) (b) Has the timetable been submitted to the Department? 7 (4) Was the timetable agreed by the Department and was this before any advertisement of POP? 8 (1) (a) Has the council made the agreed timetable available for inspection at it principal office and any other places within the district considered appropriate? 8 (1) (b) Has the council given notice by local advertisement that the timetable is available for inspection and the place and times at which it can be inspected? 8 (1) (c) Has the council published the timetable on its website? 7 & 8 Has any revision of the timetable been in accordance with the requirements of Regulations 7 & 8?

PART 3 Preferred Options Paper Regulation Requirement

Preparation of the preferred options paper

9 (1) Has the Council, for the purpose of generating alternative strategies and options, engaged with the consultation bodies prior to publication of the POP? 9 (2) Has the council taken into account any representations received from the consultation bodies?

Availability of the preferred options paper

Public consultation on the preferred options paper

10 (a) & (b) Has the Council made 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 POP?  A copy of any relevant supporting documents?  A document which indicates dates within which representations on the POP may be made?  Notice of the address to which representations are to be sent? 10 (c) Has the council sent the information set out in paragraph (a) Regulation 10, to the consultation bodies? 10 (d) Has the Council given notice by local advertisement of the following:  The title of the Local Development Plan?  A statement that the POP 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 POP?  Details of how further information on the POP may be obtained? 10 (e) Has the Council published the following on its website:  The POP?  Supporting documents considered relevant to the POP?  A document indicating dates within which representations on the POP may be made and the notice of the address to which representations are to be sent? 11 (3) Was the public consultation period for the POP between 8 and 12 weeks? 11 (4) Has the Council taken account of any representations made in accordance with paragraph (2) Regulation 11 (i.e. submitted within the timeframe and to the address specified) before preparing a Development Plan Document?

Form and content of a development plan document

12 (1) (a) Does the development Plan document 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? 12 (1) (b) Does the development plan document contain a subtitle which indicates the date of the adoption of the development plan document? 12 (2) Does the development plan document contain a reasoned justification of the policies contained within it? 12 (3) Are those parts of a development plan document which comprise polices of the LDP and those parts which comprise the reasoned justification readily distinguishable? Proposals map 13 (1) Does the development plan document 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) Is the proposals map sufficiently detailed so as to enable the location of proposals for the development and use of land to be identified?

Additional matters to be taken into account

14 (1) (a) Has the council taken into account when preparing the LDP the objectives of preventing major accidents and limiting the consequence of such accidents? 14 (1) (b) (i) Has the council taken 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?

14 (1) (b) (ii)

Has the council taken 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?

PART 5 Development plan document procedure Regulation Requirement

Availability of a development plan document

Public consultation on a development plan document

15 (a) & (b) Has the Council made 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?  Notice of the address to which representations are to be sent? 15 (c) Has the council sent the information set out in paragraph (a) Regulation 15, to the consultation bodies? 15 (d) Has notice 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? 15 (e) Is the development plan document, any supporting documentation and the notice mentioned in paragraph regulation 15 (a) (iv) published on the council website?

16 (2) (a) and (b)

Were representations made within a period of 8 weeks and were they sent to the address specified?

Availability of representations on a development plan document 17 (1) (a) and (b)

Has the council (as soon as reasonable practicable after the statutory 8 week consultation period) 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 8 weeks consultation period:  A copy of the representations?  A document with the dates within which counter representations may be made?  Notice of the address to which counter representations can be sent? 17 (c) Has the Council published the representations in its website? 17 (d) Has the Council 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? 17 (e) Has the Council notified consultation bodies of the fact that representations are available for inspections and the places and times at which they can be inspected? 28

Public consultation on site specific policy representations Availability of representations on site specific policy representations 19 (a) (i) & (ii)

Submission of documents for independent examination

Availability of submission documents

Publicity of the independent examination

18 (2) Have the counter representations:  Been made within a period of 8 weeks starting on the day the council complies with regulation (17) (a)?  Sent to the address specified in regulation 17(1) (a) (iii)?

Has the council (as soon as reasonable practicable after the statutory 8 week consultation period) 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) Has the Council published counter representations on its website? 20 (1) Has the Council considered representations made under regulation 16 and, as the case may be, Regulation 18? 20 (2) (a-i) Has the council submitted 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 (POP, dPS & reps stages)?  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)?  Any additional documents the council consider relevant to the preparation of the development plan document? 20 (3) Has the Council sent a copy of the Plan Strategy to the Department? 21 (a) (i) – Has the Council as soon as reasonably practicable after submitting a development plan (iii) document to the Department;  Made the following documents available for inspection at the places referred to in paragraph (b) (i) a copy of the development plan document, (ii) the documents specified in regulation 20(2), and (iii) such other documents as in the opinion of the council are relevant to the preparation of the development plan document; 21 (b) The places referred to in paragraph (a) are(i) the council’s principal offices, and (ii) such other places in the district of the council as the council considers appropriate 21 (c) Has the Council notified the consultation bodies of the fact that the development plan document and the documents mentioned in paragraph (a) are available for inspection and the places and times at which they can be inspected; 21 (d) Has the Council notified any person who has made (and not withdrawn) a representation in accordance with regulation 16(2) or 18(2) of those matters; 21 (e) Has the Council given notice in the Belfast Gazette and by local advertisement of the fact that the development plan document has been submitted to the Department; 21 (f) Has the Council published the notice mentioned in paragraph (e) on its website. 22 (1) (a) Has the council (at least four weeks before the opening of an independent examination): notified the consultations bodies of the matters referred to in paragraph (2)? 22 (b) Has the Council given notice in the Belfast Gazette and by local advertisement of those matters? 22 (c) Has the Council published those matters on its website? 29

22 (d) Has the Council notified any person who has made (and not withdrawn) a representation in accordance with regulation (16) (2) or 18(2) of those matters? 22 (2) (a) The matters referred to in paragraph (1) are; The time and place at which the examination is to be held? 22 (b) Whether the planning appeals commission or the person appointed will carry out the independent examination and if the latter, the identity of that person?

A. Copy of letter to DfI regarding the original timetable - 2016

Example of local advertisement from week commencing 8 August 2016 for the original LDP timetable:

Example of local advertisement from week commencing 26 June 2017 for the first revised LDP timetable:

Example of local advertisement from week commencing 14 December 2020 for the third revised LDP timetable:

The following formal engagement took place with consultation bodies, consultees and Council officials prior to the publication of the POP, in addition to ongoing informal discussions:

Date Consultation Meeting Topic Consultee Representatives

3 August 2016 Natural Environment  Council For Nature Conservation and the Countryside  DAERA: Air Quality  DAERA: Countryside and Coast  DAERA: Fisheries and Forest Service  DAERA: Marine  DAERA: NIEA  MEABC: Countryside Officer  MEABC: Environmental Health  MEABC: Parks and Open Space  Shared Environmental Service  Waterways Ireland

9th August 2016 Minerals  MEABC: Environmental Health  DfE: Minerals Branch  DfE: GSNI  DAERA: NIEA  Shared Environmental Service

18 August 2016

22 August 2016 Economic Development

Sustainable Communities and Neighbourhoods

26 August 2016 Housing

8 September 2016 Tourism

13 September 2016 Sport NI  DfC: Regional Development Office  Invest NI  MEABC: Economic and Community Development

Manager  MEABC: Investment and Funding Delivery Manager  Shared Environmental Service

 DAERA:NIEA  DfC  Education Authority  MEABC: Countryside Officer  MEABC: Leisure, Arts and Culture  MEABC: Operations Department  MEABC: Parks and Open Space  NIHE  Public Health Agency: Local Commissioning Group  Shared Environmental Service

 NIHE  MEABC: Community Planning  MEABC: Environmental Health  National House Building Council  Northern Ireland Federation of Housing Associations  Shared Environmental Service

 DAERA: Rural Development  MEABC: Parks and Open Space  MEABC: Head of Tourism  Tourism NI  Shared Environmental Service

 Sport NI

20 September 2016 Retail and Town Centre  DfC: Regional Development Office  DfI: Transport NI  MEABC: Carrickfergus Town Centre Project Manager

22 September 2016 Development Management and Enforcement  MEABC: Carrickfergus Townscape Heritage Initiative

Project Manager  MEABC: Economic Department  MEABC: Larne Town Centre Project Manager  MEABC: Marketing Department  Shared Environmental Service

 MEABC: Development Management and Enforcement

Staff

27 September 2016 30 September 2016

13 October 2016

21 October 2016

25 October 2016

31 October 2016 Northern Regional College  Northern Regional College

Archaeology and Built Heritage  DAERA: Historic Environment Division  MEABC: Museums  MEABC: Carrickfergus Townscape Heritage Initiative Project Manager  Ulster Architectural Heritage Society  Shared Environmental Service

Transportation  DfI: Transport NI  DfI: Transport Planning and Modelling Unit  DfI: Strategic Planning  MEABC: Carpark Manager  MEABC: Countryside and Access  Translink  Sustrans

Public Utilities  ARC 21  BT  DAERA: Rivers  DAERA: Waste Management  MEABC: Building Control  NIHE  NIRIG  NI Water  SONI

Cemetery Provision  Mid and East Antrim Borough Council: Head of Open

Space

Northern Ireland Housing Executive  NIHE

Extract from POP ‘Have your say’ section:

Copy of POP ‘Have your say’ postcard:

Appendix 9 Example letter sent to consultation bodies regarding the POP

Appendix 10 Example of local advertisement regarding the POP

Example of local advertisement from week commencing 5 June 2017 regarding the POP:

Appendix 12 ‘Have your say’ section within the draft Plan Strategy and accompanying leaflet detailing when and where to make representations to the draft Plan Strategy consultation

Extract from the draft Plan Strategy ‘Have your say’ section:

(Letters were accompanied by ‘Have your say’ leaflets).

Example of advance local advertisement week commencing 9 September 2019 regarding the draft Plan Strategy:

Example of formal local advertisement from week commencing 7 October 2019 regarding the draft Plan Strategy:

Formal notice in the Belfast Gazette week commencing 7 October 2019 regarding the draft Plan Strategy:

Appendix 15 Council website during the draft Plan Strategy consultation

Appendix 16 Availability of draft Plan Strategy representations on Council website

Appendix 17 Example of local advertisement and notice in the Belfast Gazette regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations

Example of local advertisement from week commencing 20 January 2020 regarding the availability of draft Plan Strategy representations and invitation to submit counter representations:

Notice in the Belfast Gazette week commencing 20 January 2020 regarding the availability of draft Plan Strategy representations and invitation to submit counter representations:

Date: 30/01/2020

Dear Sir/Madam,

RE: Mid and East Antrim Local Development Plan 2030 - Draft Plan Strategy

Public Inspection of Representations

I am now writing to advise that the Council is making all representations received to its draft Plan Strategy available for public inspection from Friday 31 January 2020. This is in accordance with Regulation 17 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015.

The representations will be available for inspection at the Council’s Planning Department at County Hall, 182 Galgorm Road, Ballymena, BT42 1QF, during normal office hours. They are also available for inspection on the Council’s website at www.midandeastantrim.gov.uk/LDP and in the following Council Offices:

The Braid, 1-29 Bridge Street, Ballymena, BT43 5EJ;

Carrickfergus Museum and Civic Centre, 11 Antrim Street, Carrickfergus, BT38 7DG;

Smiley Buildings, Victoria Road, Larne, BT40 1RU

Please note that the Council accepts no liability in respect of copyright issues pertaining to information provided by third parties.

Counter-representation

In accordance with Regulation 18 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015, the Council is also now undertaking an 8 week period of public consultation for counter-representation. This begins on Friday 31 January 2020 and closes at 12 noon on Friday 27 March 2020. Those received after this deadline will not be considered.

A counter-representation may be made on any site specific representation (defined as those that seek change by adding a site specific policy, or altering or deleting any site specific policy contained in the draft Plan Strategy). Each counter-representation must relate to a site specific representation and quote its reference number and must not in itself propose any change to the draft Plan Strategy document. The counter-representation period is an opportunity for interested parties to consider potential changes proposed by representations to the draft Plan Strategy and allow comments to be made on those representations.

Alternatively counter-representations can be posted to or deposited at the Council’s Planning Department, at the address stated above.

All counter-representations received within the specified period will be made available for public inspection as soon as reasonably practicable after the expiry of the counter-representation period.

Yours faithfully,

for Paul Duffy

Head of Planning

Appendix 19 Example letter sent to those people who made a representation to draft Plan Strategy regarding the availability of draft Plan Strategy representations for inspection and inviting counter representations

Date: 30/01/2020

Dear Sir/Madam,

RE: Mid and East Antrim Local Development Plan 2030 - Draft Plan Strategy

Public Inspection of Representations

Further to your representation made to the public consultation on the Mid and East Antrim Local Development Plan 2030 (LDP) draft Plan Strategy, I am now writing to advise that the Council is making all representations received to its draft Plan Strategy available for public inspection from Friday 31 January 2020. This is in accordance with Regulation 17 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015.

The representations will be available for inspection at the Council’s Planning Department at County Hall, 182 Galgorm Road, Ballymena, BT42 1QF, during normal office hours.

They are also available for inspection on the Council’s website at www.midandeastantrim.gov.uk/LDP and in the following Council Offices:

The Braid, 1-29 Bridge Street, Ballymena, BT43 5EJ;

Carrickfergus Museum and Civic Centre, 11 Antrim Street, Carrickfergus, BT38 7DG;

Smiley Buildings, Victoria Road, Larne, BT40 1RU

Please note that the Council accepts no liability in respect of copyright issues pertaining to information provided by third parties.

Counter-representation

In accordance with Regulation 18 of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015, the Council is now also undertaking an 8 week period of public consultation for counter-representation. This begins on Friday 31 January 2020 and closes at 12 noon on Friday 27 March 2020. Those received after this deadline will not be considered.

A counter-representation may be made on any site specific representation (defined as those that seek change by adding a site specific policy, or altering or deleting any site specific policy contained in the draft Plan Strategy). Each counter-representation must relate to a site specific representation and quote its reference number and must not in itself propose any change to the draft Plan Strategy document. The counter-representation period is an

Counter-representations can be made using the response form available on the Council’s website (see above link) and emailed to the Council’s Planning Department at planning@midandeastantrim.gov.uk

Alternatively counter-representations can be posted to or deposited at the Council’s Planning Department, at the address stated above. All counter-representations received within the specified period will be made available for public inspection as soon as reasonably practicable after the expiry of the counter-representation period.

Independent Examination

Finally, I would appreciated if you could confirm in writing (if you haven’t already indicated in your representation) if you wish to appear and be heard at the Independent Examination into the draft Plan Strategy. If no response is received, it will be assumed that you are content for your representation to be considered in written form only. Please quote your reference when replying.

Yours faithfully,

for Paul Duffy

Head of Planning