Agenda item

The Independent Examination of ‘Our Local Plan 2033’ had concluded with the Inspector’s report (published on 20^th February 2024). This recommended that the plan should not be adopted due to soundness issues which were not possible to redress through main modifications. The Council was therefore obliged to withdraw the plan in line with the Inspector’s recommendation and in accordance with the Planning and Compulsory Purchase Act 2004.

The Committee was advised of the statutory requirements that would need to be followed once the Plan had been withdrawn. It was also confirmed that the Development Plan would remain the existing adopted policy. This comprised the Tandridge District Core Strategy 2008; Tandridge Local Plan Part 2: Detailed Policies 2014-2029; Caterham, Chaldon & Whyteleafe Neighbourhood Plan 2021; Limpsfield Neighbourhood Plan 2019; Woldingham Neighbourhood Plan 2016; and the Surrey Waste and Minerals Plans. 

The withdrawal of ‘Our Local Plan 2033’ would also:

·           end the Council’s involvement in Homes England’s garden communities funding programme; and

·           trigger a requirement for ‘First Homes’ (a specific kind of discounted market sale housing available to first time buyers) to account for at least 25% of all affordable housing units delivered by developers secured through Section 106 planning obligations.

The Council would now be required to expedite the preparation of a new Local Plan, including workstreams for renewing the Local Development Scheme; updating the evidence base; and producing a new Statement of Community Involvement. It was likely that the new Local Plan would have to be prepared and examined in accordance with a new plan making system to be prescribed by secondary legislation under the Levelling Up and Regeneration Act 2023 (applicable for all Local Plans submitted for independent examination after 30^th June 2025). The timetable for the introduction of the relevant regulations was still awaited.    

Discussion focused on the Officer recommendation that “all of the existing evidence base for ‘Our Local Plan 2033’ be retained and republished on the Council’s own webpage, until such time that it can be reviewed and updated…”. Concern was expressed that out-of-date evidence could remain extant for longer than necessary and expose the District to undue risk of inappropriate development. In response, the Committee was advised that:

·         all of the evidence base would have to be retained in the first instance as the contents would need to be subjected to a methodical review;

·         however, pending the outcome of the review, the degree of weight given to specific elements of the evidence base (i.e. in connection with planning applications) would depend upon the extent to which the evidence was still relevant when applied to specific sites and that any potential risks posed by out-of-date evidence could be mitigated in the short term.

The Chair also commented that, given the budgetary constraints of preparing the new Local Plan, the current evidence base should only be updated where necessary and that elements previously endorsed by the Inspector (of ‘Our Local Plan 2033’) such as the Stage 1 Green Belt Assessment, should not need revising.   

Views were expressed regarding the approach to the new Local Plan, including the significance of the M25 / Junction 6 capacity and the need for fairness in balancing protection of the Green Belt against over-development in other areas.  

In response to Members’ questions, Officers advised that:

·         a new Local Plan work programme, with target timelines for key milestones, would be developed during the coming months and would inform the production of a new Local Development Scheme;

·         a gypsy, traveller and travelling showpeople interim policy statement was being prepared which would sit alongside the adopted Interim Policy Statement for Housing Delivery;

·         consideration of new Supplementary Planning Documents would be deferred, pending clarification about emerging national policy reforms and the possibility of SPDs being phased out;

·         detailed aspects of the Government’s First Homes scheme would need to be checked in consultation with colleagues in the Housing department.

COUNCIL DECISIONS

(subject to ratification by Council)

            R E C O M M E N D E D – that:

A.    having due regard to the Inspector’s recommendation set out in his report published on 20^th February 2024, the Council confirms its intention to withdraw ‘Our Local Plan 2033’ after all the necessary regulatory requirements have been met;

B.    all of the existing evidence base for ‘Our Local Plan 2033’ be retained and republished on the Council’s own webpage, until such time that it can be reviewed and updated, if necessary, as part of the preparation of a new Local Plan; and

C.   work begins on the preparation of a new Local Plan, which includes the following associated workstreams:

(i)    review and approve a new Local Development Scheme, which demonstrates a commitment to produce a sound Local Plan in a timely manner

(ii)   review, develop and update the evidence base to inform its proposals and policies

(iii)  review and approve the Statement of Community Involvement, to facilitate and ensure effective public engagement of residents, businesses, and parish councils.