Decision Maker: Head of Economy 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