Agenda item

Advancing the Climate Emergency Local Plan Review

(Cabinet Member with Special Responsibility Councillor Dowding)

 

Report of Director for Economic Growth & Regeneration

Minutes:

Cabinet Member with Special Responsibility Councillor Dowding)

 

Cabinet received a report from the Director for Economic Growth & Regeneration that set out progress on the preparation of the Climate Emergency Review of the Local Plan (CELPR) following consultation on updated versions of both the Strategic Policies & Land Allocations Development Plan Document (DPD) and Development Management DPD in 2021 under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The report sought the support of Cabinet for the revisions made to the both the Strategic Policies & Land Allocations DPD and Development Management DPD in response to the Regulation 18 consultation and additional evidence. Cabinet was asked to support the intention to seek a resolution from Council to formally publish both DPDs and then submit the documents, the representations received and all supporting evidence to the Secretary of State under Regulations 19 and 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

Option 1: That Cabinet Members support the intention to take the CELPR to Council, anticipated on 26th January 2022, with a recommendation seeking a resolution to publish the CELPR, obtain formal representations and then submit the documents to the government for independent Examination. This will ensure the relevant regulations are followed and will enable stakeholders to make their views on soundness of the plan and its preparation process. The submitted documents will then be considered by a government appointed Inspector.

Advantages: The Publication and Submission of the CELPR are essential stages in advancing the Council’s ambitions to review it adopted Local Plan to better address the Climate Emergency.

 

The Council’s Local Development Scheme (LDS) provides the intended timetable for advancing the plan through these stages. The proposed revision of the plan is supported by evidence documents, on matters such as development viability, that are time-sensitive; delaying publication and submission would affect the applicability and relevance of evidence documents.

 

The CELPR will strengthen policies in a way that can realise better outcomes from development on Climate Change mitigation and adaptation.

Disadvantages: None

Risks: The Inspector at independent Examination may conclude that the CELPR could have benefited from further work prior to submission.

Option 2: That Cabinet Members do not support the intention to take the CELPR to Council, anticipated on 26th January 2022, with a recommendation seeking a resolution to publish the CELPR, obtain formal representations and then submit the documents to the government for independent Examination.

Advantages: Further time could be spent on continuing to prepare policies before publication and submission.

Disadvantages: Delay to the CELPR processes will increase the time that passes until its potential formal adoption. It is only upon formal adoption that the revised policies will form the development plan that is used in the determination of development proposals. Delay in plan preparation would mean a delay in realising better outcomes from development on Climate Change mitigation and adaptation that would assist in helping to address the environmental concerns that motivated the Council’s declaration of a Climate Emergency.

 

The Council’s Local Development Scheme (LDS) provides the intended timetable for advancing the plan through these stages and it is not apparent why the Council would not wish to keep to this published timetable given the resources that have been deployed to enable a prompt review of the adopted plan. The proposed revision of the plan is supported by evidence documents, on matters such as development viability, that are time-sensitive; delaying publication and submission would affect the applicability and relevance of these documents.

Risks: Delay in preparation increases the risk of the evidence being considered no longer up to date during the Examination of the submitted Local Plan.

 

Option 1 is the officer preferred option.  The intended publication editions of the CELPR documents are now sufficiently advanced to be formally published and submitted. Officers recommend members moving the CELPR forward to Council for a formal decision on publishing and submitting the documents in accordance with regulatory processes.

 

Officers are sufficiently content that the challenges which have been raised at the earlier stages have either been addressed through revisions to both DPDs and that these do not warrant sufficient justification for further amendments to be made.

 

Whilst the publication version of the CELPR represents the Council’s intended definitive version of both DPDs, the publication process will provide the opportunity for any parties who do not consider its content to sound (i.e. not consistent with national planning policy) or legally compliant (i.e. has not met the legal requirements of plan-making) to make formal representations setting out their concerns. Those representations will be considered by the Planning Inspector through the public examination process.

 

Councillor Dowding proposed, seconded by Councillor Frea:-

 

“That the recommendation, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

 

(1)        That Cabinet endorses the content of the Climate Emergency Local Plan Review DPDs and the process of onward reporting to Council to seek a formal decision on a recommendation to publish and submit the revised document to government. Publication will enable formal representations to be received, and subsequently submitted to the government, along with the revised DPDs and supporting evidence. This will ensure that in accordance with the relevant regulations, the representations of the community and stakeholders about the soundness of the revised DPDs and the preparation process can be considered by a government appointed Inspector through an independent Examination.

 

Officer responsible for effecting the decision:

 

Director for Economic Growth & Regeneration

 

Reasons for making the decision:

 

The purpose of the CELPR is to ensure greater alignment with the Council’s ambitions around Climate Change in recognition of the Council’s Climate Emergency Declaration of January 2019. The CELPR seeks to strengthen the Council’s planning policies with the aim of securing better outcomes from built development for climate change mitigation and adaptation. Improved outcomes from development will support the prospect of the Council achieving its wider objectives on climate change including the target of being Net Zero by 2030. The CELPR will assist in the delivery of many of the Council’s other corporate priorities, including the creation of a more sustainable district, the provision of an inclusive and prosperous local economy and support for developing healthy and happy communities.

 

Policy making is a function of full Council. The decision enables a recommendation to publish and submit the Climate Emergency Local Plan Review Development Plan Documents to be presented at January Council with Cabinet’s endorsement.

Supporting documents: