Issue - meetings

This report sets out Counsel’s advice in regard to undertaking an additional Regulation 18 consultation on new sites and seeks Member agreement for the Council to conduct a Regulation 18 consultation in the summer.

Recommendation:

That the Local Plan Sub Committee agrees that an additional Regulation 18 consultation on newly submitted sites be completed prior to Regulation 19 publication of the Local Plan.

Jon Bishop of Three Rivers Joint Residents’ Association addressed the sub-committee on agenda items 5, 6 and 7.

The Local Plan Sub-Committee received a report which set out Counsel’s advice with regard to undertaking an additional Regulation 18 consultation on new sites and which sought Member agreement for the Council to conduct a Regulation 18 consultation in the summer.  The specialist legal advice had been sought following discussions at the February meeting of the Local Plan Sub-Committee on whether a further Regulation 18 consultation was needed for new sites submitted as part of the call for sites.

Counsel’s advice was that although it was not considered a breach of Regulation 18 to proceed straight to Regulation 19 publication of the plan without conducting further Regulation 18 consultation on new sites, there would be a high risk of legal challenge or the plan being found unsound at examination if the Regulation 18 consultation was not completed prior to progressing to Regulation 19.

With regard to the effect on timescales of the additional consultation, officers advised that the intention was to bring a report to the June LPSC meeting on the sites to be put forward for consultation, which would then require approval at a special meeting of the Policy & Resources Committee.  Approval of the consultation document would be sought at Full Council in July, following which a 6-week consultation would be undertaken.  In addition to the new sites there were also likely to be several new or updated policies included as part of the same consultation.

In response to questions the Sub-Committee heard that two additional agency staff members had been recruited to assist with the work and officers would continue to progress the evidence work for the Regulation 19 consultation in tandem with the work required for the Regulation 18 consultation.

Although concern was expressed about the potential impact on the timescale, Members commented that it was important to ensure that the risk of challenge was mitigated.  Members also drew attention to the need for communications around the consultation to clarify its scope and highlighted that it should have the same prominence and publicity as the other Regulation 18 consultations.

RESOLVED:

That the Local Plan Sub-Committee agrees that an additional Regulation 18 consultation on newly submitted sites, any new or updated policies, and any sites with higher indicative capacity than previously consulted upon, be completed prior to Regulation 19 publication of the Local Plan.