Decision Maker: Head of Economic and Planning
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
A key legal requirement of the Local Plan
Review is that it must be prepared in accordance with an up-to-date
adopted Local Development Scheme (LDS). The current LDS was adopted
in January 2019 by delegated decision by the Portfolio Holder for
Planning and Economic Development, and was published to the
council's website. This LDS set the overarching timetable for the
Local Plan Review.
However, this document requires some factual update and minor amendments ahead of the Local Plan being considered by Cabinet/Full Council for Publication and Submission in order to reflect the current position:
1. Extending the time period covered from ‘2019 – 2021’ to ‘2020 – 2022’.
2. Updates to the description of the Local Plan Review (confirming the review as a formal update for the Plan) and the timetable in order to reflect the slight delay in the Reg. 18 consultation; the timetable going forward is as established in the January adopted LDS.
3. Updates to reflect the evidence base progress.
4. Inclusion of reference to potential other DPDs which may need to be progressed following the Local Plan Review.
5. Inclusion of reviews for a number of the adopted SPDs which will be affected by the Local Plan Review, and reference to updating the guidance on Planning Obligations (the intention will be to establish contributions through an Annex in the Local Plan, as this can no longer be done through SPD).
To approve the Local Development Scheme October 2019 Factual Update as the council's adopted LDS in accordance with Section 15 of the Planning and Compulsory Purchase Act 2004 (as amended).
Option 1 - not to update the LDS and continue
to Full Council with the Local Plan on the basis of the existing
adopted January 2019 LDS.
Option 2 - to make factual updates to the LDS to ensure the Local Plan is considered at Full Council against the most accurate timetable position.
Option 3 - to undertake a more detailed review of the LDS reflecting the changes to the Local Plan.
Option 4 - to make factual updates to the LDS to ensure the Local Plan is considered at Full Council against the most accurate timetable position and make some minor amendments to reflect the programme extending for a further year (Chosen Option).
Option 4 was chosen as a pragmatic compromise in order to ensure the Local Plan process remains legally compliant. Option 3 is anticipated will be considered at a later point should the Local Plan Review trigger more substantial changes to the LDS programme and Development Plan Document preparation going forward. Option 1 was discounted as the risks associated with continuing to a Full Council decision without an up-to-date LDS was considered to potentially open the Local Plan up to challenge through Judicial Review at the end of the whole Local Plan Review process.
Publication date: 12/11/2019
Date of decision: 29/10/2019