INTRODUCTION

STATUTORY CONTEXT

i The Maldon District Replacement Local Plan has been prepared in accordance with Part II of the Town and Country Planning Act, 1990 the Planning and Compensation Act, 1991 and the Planning and Compulsory Purchase Act 2004 (the 2004 Act). The Plan provides a comprehensive statement of land use policies and proposals for the Maldon District for the period April 2001 to October 2008. Where reference is made within this document to the plan it is referred to as 'The Replacement Local Plan,' or RLP for short. When adopted this Plan will replace the Maldon District Local Plan First Review adopted on 9 August 1996.

THE PURPOSE OF THE PLAN

ii The Replacement Local Plan (RLP) sets out a vision for land use planning in the District. This will guide inward investment, direct the location of new development and identify improvements in the land requirements of public services. The Plan draws on the United Kingdom Sustainable Development Strategy. It also meets the provisions of The Strategic Plan for the South East (RPG 9) and The Essex and Southend-on-Sea Replacement Structure Plan (RSP) within the context of Local corporate strategies. Where there is a conflict between policies in the Structure Plan and the Replacement Local Plan, the latter is definitive.

iii The 2004 Act introduces a new form of Development Plan. It abolishes Local Plans and Structure Plans and replaces them with Regional Spatial Strategies and Local Development Frameworks. The Transitional arrangements of the 2004 Act require that Local Plans such as the Maldon RLP are adopted then "saved" for a period of three years from adoption. Thus, once adopted The RLP together with the adopted Replacement Structure Plan, the Essex Minerals Local Plan and Essex Waste Local Plan will form the statutory development plan for the District for a period of three years. During that time the "East of England Plan" will supersede the Replacement Structure Plan. It is anticipated a new Local Development Framework for Maldon District will replace the RLP for Maldon by Late 2008. The development plan is supported by other statutory and non-statutory plans such as the Local Transport Plan.

FORM AND LAYOUT OF THE PLAN

iv The RLP consists of a Written Statement, which sets out policies and proposals supported by a reasoned justification, and a Proposals Map.

v The Proposals Map consists of an ordnance survey base map of the Maldon District at 1:50,000 scale together with inset maps at larger scales for all settlements with a development boundary which allow more detail to be shown. The Proposals Map illustrates each of the proposals in the written statement, defining sites for particular developments or land uses and defining areas where policies apply. Where there is a contradiction between the Written Statement and the Proposals Map, the Written Statement is definitive.

vi The RLP opens with a strategy chapter, which sets out objectives for the whole plan. These are developed in the following topic chapters through detailed policy objectives, policies and proposals. The Plan therefore demonstrates how the vision links with policy. This will enable monitoring of the performance of policies and ensure that subsequent Local Plan Reviews are given a consistent long-term approach.

vii This document, the RLP, is the adopted Local Plan for the District.

viii The RLP is supported by the following Technical Papers:

• Residential Land Availability 2002
• Urban Capacity Study 2002, Buro Happold/EDAW
• Housing Needs Study 1999, Fordham Research Ltd.
• Sustainability Appraisal of the Maldon District Replacement Local Plan First Deposit, June 2002.

THE PLAN LED APPROACH AND DEVELOPMENT CONTROL

ix Advice on the relationship between the Development Plan and the determination of planning applications and appeals is provided by Planning Policy Statement (PPS) 1, (2004), "Delivering Sustainable Development". Paragraph 29 states that planning decisions taken in accordance with the Plan are key to the delivery of sustainable development. It also states that a Planning Authority may decide to give different weight to social, environmental, resource or economic considerations (than is expressed in the Plan). Where this is the case, the reasons for doing so should be explicit and the consequences considered.

x It is recognised that the RLP will not contain policies relating to every conceivable development proposal. There will be occasions when the decision maker will need to make a decision after assessing the material considerations and government advice. To assist in this process, each chapter contains a set of objectives that list the overall aims of the Plan. Where there is no policy, or where policies conflict and government advice is not definite, these objectives will assist in making a decision which is in accordance with the intent of the Plan.

xi The RLP should be read as a whole. Policies will apply when appropriate and relevant to each case. For this reason, it is not necessary for one policy to cross-refer to the requirements of another for those requirements to be effective.

STATEMENTS OF CONFORMITY

xii Essex County Council issued a "statement of conformity" for the First Deposit Draft Maldon District Replacement Local Plan on 4 January 2002. It issued a further "statement of conformity" for the Revised Deposit Draft Maldon District Replacement Local Plan on 18 December 2002. These statements conformed that the draft Plan is in conformity with the Essex and Southend-on-Sea Replacement Structure Plan, adopted in April 2001.

STATEMENT OF CONSULTATION AND PUBLICITY

xiii Regulation 21 of the Town and Country Planning (Development Plan) (England) Regulations 1999 requires that the Local Planning Authority prepare a statement of any persons that have been consulted when preparing the Plan. This statement should include any steps that have been taken to publicise the Plan and to provide the public with the opportunity of making representations in respect of that Plan.

xiv The District Council has carried out pre-deposit consultation on the following topics:

• Employment issues "21st Century Jobs" (1999)
• Retail and Town Centre Issues "Shopping Choices" (2000)
• Supplementary Planning Guidance: Gypsy Sites (adopted 1999)
• Supplementary Planning Guidance: Access to Opportunities, the District Transportation Strategy (adopted 2000)
• Supplementary Planning Guidance: Affordable Housing (adopted 2001)

First Deposit consultation

xv On 22 November 2001, the Council resolved to place the draft RLP on First deposit. The deposit period ran from 1 March to 12 April 2002.

xvi A notice was published in the Essex Chronicle, and the London Gazette, as required by the Regulations. Previous issues report and SPG respondees, people who had submitted proposals for inclusion in the Plan and people who registered an interest in the Plan were notified of the deposit period. A seminar on the RLP for Parish Councils was held before the Deposit period started.

xvii An exhibition on the First Deposit was prepared. This was displayed in the Council Offices and Maldon and Burnham libraries for the six week consultation period. A roving exhibition visited Heybridge, Tollesbury, Tolleshunt Knights and Latchingdon. To complement the consultation arrangements a summary leaflet of the first deposit was made available free of charge at the deposit points.

xviii Copies of the Plan were supplied to the Secretary of State and the organisations specified in the Development Plan Regulations and Planning Policy Guidance Note 12. Copies of the Plan and its supporting documents were placed on deposit at the Council's offices, all the libraries in the District, the Tourist Information Centre in Maldon and the Tourist Information and Community Information Centre in Burnham-on-Crouch. Copies are available for inspection free of charge at these venues and copies can be purchased at the Council Offices.

Revised Deposit consultation

xix On 7 November 2002, the Council resolved to place the draft RLP on Revised Deposit. The Deposit period ran from 17 January to 28 February 2003.

xx A notice was published in the Essex Chronicle and the London Gazette, as required by the Regulations. All those who were notified of the First Deposit period (see para xv) were notified of the Revised Deposit period. Seminars on the RLP for Parish Councils and representative organisations were held at the beginning of the Deposit period.

xxi Copies of the Revised Deposit Plan have been supplied to the Secretary of State and the organisations specified in the Development Plan Regulations and Planning Policy Guidance Note 12.

xxii Copies of the Plan and its supporting documents were placed on deposit at the Council's offices, all the public libraries in the District, the Tourist Information Centre in Maldon and the Tourist Information and Community Information Centre in Burnham. Copies were available for inspection free of charge at these venues and copies can be purchased at the Council Offices. The Revised Deposit Written Statement and Map Revisions was placed on the Council's website at www.maldon.gov.uk.

xxiii An exhibition on the Revised Deposit was prepared. This was displayed in the Maldon District Council Offices and Maldon and Burnham libraries during consultation period. A roving exhibition visited Maldon Town Hall, Latchingdon, Tollesbury, Blackwater Leisure Centre Maldon, Tolleshunt Knights and Heybridge. A summary leaflet on the Revised deposit complemented the consultation arrangements and was made available free of charge at the exhibition, the deposit points and on the Council's website.

Post Inquiry Modifications

xxiv Following the Revised Deposit the Council published a set of Further Proposed Modifications and then Pre Inquiry Modifications in Summer 2003. This was followed by the formal Public Inquiry which opened in December 2003. The Inquiry Closed on 28 March 2004. The Inspector published his report into the Inquiry in June 2004.

xxv The Council considered the recommendations included in the Inspector's Report on 14 October and 12 December 2004. A set of Post Inquiry proposed modifications was published in February 2005. A notice was published in the Essex Chronicle and a six week consultation period followed. Copies of the Post Inquiry proposed modifications were made available at the same Deposit points that were used for the initial and Revised Deposits. Everyone who commented at any time has been notified of the proposed changes to the Plan in accordance with the Regulations.

xxvi Following consideration of representations to the proposed modifications, further modifications were made to the Plan. Further proposed modifications were published in June 2005. A notice was published in the Essex Chronicle followed by a six week consultation period. Copies of the Post Inquiry proposed modifications were made available at the same Deposit points that were used for the initial and Revised Deposits. Everyone who commented at any time has been notified of the proposed changes to the Plan in accordance with the Regulations.

SUSTAINABILITY APPRAISAL

xxvii The RLP has been drafted with sustainability in mind. IThe First Deposit Draft has been subject to a Sustainability Appraisal. Improvements to the policies and proposals identified during the Sustainability Appraisal process were incorporated into the Revised Deposit draft of the Plan.

xxviii A Sustainability Appraisal has been carried out for the Revised Deposit as well as the Post Inquiry Modifications and the Further Proposed Modifications. These concentrated on the areas for improvement identified in the original Sustainability Appraisal, the new policies in the Plan, the policies with major amendments and updated the appraisal to examine compliance with new Government Guidance and Planning Policy Statements that have been published since February 2003.

MONITORING

xxix The RLP sets out the District Council's proposals up to 2011 (albeit acknowledging that the saved period for RLP policies is now three years) and establishes a framework of policies within which this development can occur. These policies are intended to achieve the strategic aims set out in the RSP. In order to assess the effectiveness of these policies, it is essential that continuous monitoring of change occurring in the District be undertaken. Monitoring will assess how effective or ineffective the policies of the Local Plan are in encouraging or restricting the various types of land uses. Monitoring will need to assess the success or otherwise of a whole range of policies aimed at retaining the economic and social fabric of the District, whilst at the same time protecting the fragile environment of the District.

xxx Where necessary policies will need to be revised to ensure that the Plan remains "up to date and relevant" as required by PPS 1 (Delivering Sustainable Development) and PPS 12 (Local Development Frameworks).

xxxi Monitoring will be co-ordinated or carried out by the District Council's Planning Policy Section and collated on a regular basis. An Annual Monitoring Report will be prepared. The work will include the following: