Agenda item

This report sets out the implications the Government’s consultation on the new National Planning Policy Framework will have on the emerging Three Rivers Local Plan. Based on these implications Officers recommend to delay the Regulation 19 consultation and undertake further evidence work.

Recommendation:

That:

·         The Local Plan Sub-Committee agrees the delay of the Regulation 19 publication of the Local Plan;

·         Authorises Officers to undertake the further evidence work on Green Belt, Urban Capacity, Open Space, Sport and Recreation and Gypsy and Traveller needs;

·         That Officers prepare an updated Local Development Scheme setting out an updated timetable for the Local Plan.

The Head of Planning Policy and Conservation gave a presentation covering the implications of proposed planning reforms and transitional arrangements on the progress of the Local Plan.  The presentation included the Local Plan background; the evidence base work and consultations which had been carried out to date; local housing need; the risks of continuing to Regulation 19; and the reasons for the recommendation which was before the Committee to delay the Regulation 19 consultation and undertake further evidence work.  This followed a recent Government consultation on a draft NPPF which proposed a revised method for assessing housing need which would result in a circa 15% increase in the housing need target to 739 dwellings per annum (dpa) from 640.  

For reasons which included the very significant difference between the proposed housing requirement (under both the current standard methodology and the proposed new methodology) and the low growth local housing need figure of 270 dpa which had been consulted on at the Regulation 18 stage, the sub-committee heard that officers were of the view that the current Local Plan would be very likely to be found unsound at examination, even if assessed against the 2023 NPPF.  In the unexpected event that it were found to be sound at examination, the proposed transitional arrangements for the new NPPF would require the production of a new Plan within a fixed timescale of 18 months to meet the Government’s proposed new housing target.  This was because there was a gap of more than 200 dwellings per annum between the authority’s housing need figure and the emerging housing requirement.

The sub-committee also heard that Suitable Alternative Natural Green Space (SANG) requirements on sites in the zone of influence for the Chiltern Beechwoods special area of conservation could result in the removal of two sites (nearly 200 dwellings); the Gypsy and Traveller Accommodation Assessment required updating and work to address unmet need; and the 270 dpa consulted on at Regulation 18 was now likely to be closer to 200 dpa due to a reduction in developable areas / removal of sites.  Additional work was therefore needed on both SANG and the Gypsy and Traveller Accommodation Assessment before the Plan would be ready for submission. The Committee was informed that there is a statutory obligation for the Local Planning Authority to submit a plan believed to be sound, legally compliant and ready for examination at the time of submission.

Officers advised that a new Open Space, Sport and Recreation Study was being requested by Sport England as the existing study was from 2019.  Officers advised that such a study might take a year.  The Chair and Members asked that this be checked with Sport England, and if a far shorter timescale could be used.

Officers drew attention to the fact that the Plan would in due course need to meet the requirements of the 2024 NPPF, irrespective of whether or not the Regulation 19 consultation was delayed.  It was therefore proposed to immediately commence the further evidence work which would be required in order to robustly defend a lower housing figure than the emerging NPPF.  This would include a Green Belt review to assess the strategic impact of Green Belt release over the whole of the plan area.

If the delay was agreed, the proposed new timeline for the Plan was for Regulation 19 consultation in February / March 2026, submission for examination in June / July 2026, and adoption in November / December 2026.  Officers were to bring a report to the Policy and Resources Committee on this and asked to see if this timeline could be shorter.

Jon Bishop addressed the sub-committee on behalf of the Three Rivers Joint Residents’ Association.  The sub-committee heard that the Association supported the current low growth / Green Belt protection option and proposed a dual track approach of progressing with the Regulation 19 consultation and commencing the additional work required in parallel, to allow flexibility in the event that implementation of the new NPPF were delayed.

Members of the sub-committee asked questions about the presentation and report, which were responded to by officers.

In debate Members discussed the risk of loss of autonomy and of having housing targets imposed which would likely be significantly higher than those assessed by the Council itself (and result in greater loss of Green Belt); resource availability; financial implications; the extent of the likely delay to the process; and the best way of protecting the Green Belt from speculative development.

Councillor Hearn proposed and Councillor Edwards seconded an amendment to the recommendations that the Regulation 19 consultation should not be delayed but should instead be brought forward to January 2025, with the Plan to be submitted in February 2025; that all funding needed to make the outstanding evidence available in time should be made available; and that an emergency Full Council meeting should be called in order to agree the required funding package.

The Chair and officers advised that such a timetable with the required additional work and the statutory 6 weeks’ Regulation 19 Consultation was unrealistic and not achievable for a sound Local Plan.

On being put to the vote the amendment was declared LOST by the Chair; the voting being 4 in favour and 6 against.

The following Councillors voted in favour of the amendment: Councillors Alley, Edwards, Fraser and Hearn.

The following Councillors voted against the amendment: Councillors Drury, Giles-Medhurst, Humphreys, Mitchell, Price and Scarth.

An amendment to the recommendations was then moved from the Chair as follows:

That the Local Plan Sub-Committee recommends to the Policy and Resources Committee that:

·         the Regulation 19 publication of the Local Plan be delayed at this time but be prepared to re-consider at minimum notice should circumstances change, including the setting up of emergency Policy and Resources and Full Council meetings.

·         Officers be authorised to undertake the further evidence work on Green Belt, Urban Capacity, Open Space, Sport and Recreation, Gypsy and Traveller Needs, SANG and whole plan viability.

·         Officers should prepare an updated Local Development Scheme setting out an updated timetable for the Local Plan.

On being put to the vote the amendment was declared CARRIED by the Chair, the voting being 6 for, 0 against and 4 abstentions.

RESOLVED:

That the Local Plan Sub-Committee recommends to the Policy and Resources Committee that:

• The Regulation 19 publication of the Local Plan be delayed at this time but be prepared to re-consider at minimum notice should circumstances change, including the setting up of emergency Policy and Resources and Full Council meetings.

• Officers be authorised to undertake the further evidence work on Green Belt, Urban Capacity, Open Space, Sport and Recreation, Gypsy and Traveller Needs, SANG and whole plan viability.

• Officers should prepare an updated Local Development Scheme setting out an updated timetable for the Local Plan.