Decision Maker: Head of Economy and Planning
Decision status: Recommendations Approved
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 Statement of Community Involvement (SCI). The current SCI
was adopted by Head of Service Significant Officer Decision on 29
October 2019. It is published to the website and can be viewed from
this link:
https://crawley.gov.uk/planning/planning-policy/engagement-and-monitoring/statement-community-involvement
However, this document requires some factual update and minor
amendments in order to address the conflicts of the expectations
for public consultation during the current restrictions in place
due to COVID-19. In particular, in relation to events being held
and the publication and deposit of documents in the council offices
and other appropriate public buildings (historically considered to
be Crawley Library). The amendments to the SCI follow current
government advice (Statements of Community Involvement ).
It should be noted that the current minimum requirements for public
consultation in plan-making are established through the Planning
Regulations (Town and Country (Local Development) (England)
Regulations 2012:
http://www.legislation.gov.uk/uksi/2012/767/contents/made. Until
and unless these are amended it continues to be necessary for the
council to make documents publicly available to inspect by members
of the public at the council offices and other appropriate
places.
Therefore, the amendment to the SCI confirms the council will, at
least, meet the requirements of the Regulations, including as they
may be amended or revised (either temporarily or
permanently).
Option 2 was chosen as the most appropriate approach: to adopt the factual update to the SCI. This offers the greatest flexibility and ensures the council will continue to progress the Plan meeting its legal requirements, reducing the risk of legal challenge.
Option 1 was discounted as there could potentially be a further
delay to the Local Plan timetable if it is not possible to
undertake Reg. 19 consultation in accordance with the requirements
specified in the SCI relating to making the plan documents
available to view at the council offices and Crawley Library. To
undertake a consultation in accordance with the current SCI would
place the council at risk of being in conflict with the current
public health restrictions, and to undertake a consultation without
being in full accordance with the council’s adopted SCI would
place the Local Plan at risk of being found to not meet the legal
requirements as part of its examination and/or legal challenge
following its adoption.
Option 3 was discounted as there is considered to be no need to
undertake a full review of the SCI. Critically, the SCI was
comprehensively reviewed relatively recently in 2017 and revised in
2019, and the changes relating to COVID-19 require only minor
amendments to the document and do not change the intention of the
council in relation to public consultation. To undertake a
consultation without meeting the legislative requirements would
place the Local Plan at risk of being found to not meet the legal
requirements as part of its examination and/or legal challenge
following its adoption.
There is no requirement in legislation or the council’s Local
Development Scheme to undertake formal public consultation on the
amendments to the SCI.
Background Document: Statement of Community Involvement (June
2020)
This decision was taken in consultation with the Cabinet Member for Planning and Economic Development.
Option 1 – Not to update the SCI and
continue to Full Council and publication (Regulation 19)
consultation with the Local Plan on the basis of the existing
adopted November 2019 SCI.
Option 2 – To make factual updates to the SCI to ensure the
Local Plan is considered at Full Council and is published for
formal (Regulation 19) consultation in accordance with the most
up-to-date and procedurally/legally correct position to allow
greatest flexibility for public consultation to take place at the
earliest point possible even during current restrictions as far as
the Regulations allow (Chosen Option).
Option 3 – To undertake a full review of the SCI, including
formal consultation, and explicitly setting out the form of public
consultation, including stating the documents will not be made
available other than on the council’s website.
Publication date: 30/06/2020
Date of decision: 30/06/2020