Agenda item

Planning and Economic Development Portfolio

To consider report PES/459 of the Head of Economy and Planning, which was referred to the meeting of the Overview and Scrutiny Commission on 30 September 2024.

RESOLVED

That Full Council be recommended to adopted and published, the submitted Crawley Borough Local Plan 2023-2040 (May 2023) and Local Plan Map, amended to include all the Main Modifications recommended by the Planning Inspectors to make the Plan ‘sound’, together with other consequential and minor amendments as additional modifications, in accordance with Regulation 26 of the Town and Country Planning (Local Planning) (England) Regulation 2012 and Section 23(2) and (3) of the Planning and Compulsory Purchase Act 2004 (as amended by s112(3) of the Localism Act 2011), as set out in report PES/459.

Reasons for the Recommendations

a)             National government guidance expects local planning authorities to produce up-to-date Local Plans for their areas over a 15-year timescale, setting out the strategic priorities for the area and showing how development needs will be met.

b)             The new Crawley Local Plan will ensure the town’s future development and infrastructure needs can be delivered to support the sustainable economic growth of the borough, within its accepted physical constraints, and whilst continuing to protect its important built and natural environmental assets.

c)             Substantial ‘early engagement’, a detailed technical evidence base undertaken throughout the Local Plan’s preparation, three periods of formal statutory consultation, and scrutiny through an independent Examination, has shaped a justifiable, robust and practical framework against which future development decisions can be made.

d)             Planning legislation requires local planning authorities to submit every development plan document, including Local Plans, to the Secretary of State for independent examination. Section 23 of the 2004 Act establishes the legislation pertinent to the adoption of local development documents. This confirms that where the person appointed to carry out the examination recommends modifications to make the Plan sound, the authority may adopt the document with main modifications and any additional modifications the authority considers necessary which would not materially affect the document; s23(4) confirms that the authority must not adopt a development plan document unless it is done in accordance with this clause. In order to become the council’s statutory Local Plan, it must be adopted by way of a Full Council Decision.

e)             The Inspectors’ Final Report was received by the council on 6 September 2024. This has been published on the council’s website and has been attached as an Appendix to this Cabinet Report (Appendix B). The Inspectors have found the Crawley Borough Local Plan 2024-2040 to be legally compliant and sound subject to a number of Main Modifications which are set out in the Final Inspectors’ Report. These Main Modifications have been made to the final version of the Crawley Borough Local Plan 2023-2040 (October 2024) which is to be considered alongside this Cabinet Report (Appendix A). Minor additional modifications have also been incorporated to ensure the Local Plan is up to date, factually correct and internally consistent. These are set out in a schedule (Appendix C). These are in addition to those which were published by the council alongside the Main Modifications consultation.

The Cabinet Member for Planning and Economic Development presented report PES/459 of the Head of Economy and Planning.

The report sought to recommend to Full Council to approve the Crawley Borough Local Plan 2023-2040 for its adoption, in accordance with the recommendations, and subject to the Main Modifications necessary for soundness, set out in the Inspectors’ Final Report.

The Cabinet were informed that the draft Local Plan before them had been found to be sound and legally compliant by the Independent Planning Inspectors in their report issued on 6 September, subject to some minor technical modifications. The process started in 2018 and has had 5 separate consultation periods and endorsement by Full Council on 3 different occasions and the Plan has navigated a unique set of circumstance including water neutrality.

The Cabinet Member highlighted the Inspectors’ confirmation of the new employment area within Gatwick Green and their compliments on the Council’s approach to water neutrality and the quality of our duty to cooperate with other local authorities. The only two options available to Full Council would be to adopt the Plan before them or reject it and thus completely start the Local Plan process from the beginning. It was noted that having an approved, sound and legally compliant Plan, would mean the Council had the ability to control the types of development within the Borough, safeguard the Council’s ability to process planning applications and access Section 106 and CIL funding.

Councillor Ayling presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 30 September 2024, which included:

·        Noted the positive comments from the Planning Inspectors’ report, including their questioning of long term safeguarding for the possible Gatwick southern runway.  Also that there was a need for neighbouring local authorities to exercise the ‘duty to co-operate’ to assist with the town’s housing need.

·        Clarification sought and obtained on the Gatwick Green allocation.  It was confirmed that the area of land allocated to Gatwick Green was no longer safeguarded but allocated for employment use.    

Councillors Irvine, Noyce and Jones spoke as part of the discussion on the report.

Cabinet asked that their thanks be recorded to the officers involved in the Local Plan for all their hard work.

RESOLVED

That Full Council be recommended to adopt and publish the submitted Crawley Borough Local Plan 2023-2040 (May 2023) and Local Plan Map, amended to include all the Main Modifications recommended by the Planning Inspectors to make the Plan ‘sound’, together with other consequential and minor amendments as additional modifications, in accordance with Regulation 26 of the Town and Country Planning (Local Planning) (England) Regulation 2012 and Section 23(2) and (3) of the Planning and Compulsory Purchase Act 2004 (as amended by s112(3) of the Localism Act 2011), as set out in report PES/459.

Reasons for the Recommendations

a)                      National government guidance expects local planning authorities to produce up-to-date Local Plans for their areas over a 15-year timescale, setting out the strategic priorities for the area and showing how development needs will be met.

b)                      The new Crawley Local Plan will ensure the town’s future development and infrastructure needs can be delivered to support the sustainable economic growth of the borough, within its accepted physical constraints, and whilst continuing to protect its important built and natural environmental assets.

c)                      Substantial ‘early engagement’, a detailed technical evidence base undertaken throughout the Local Plan’s preparation, three periods of formal statutory consultation, and scrutiny through an independent Examination, has shaped a justifiable, robust and practical framework against which future development decisions can be made.

d)                      Planning legislation requires local planning authorities to submit every development plan document, including Local Plans, to the Secretary of State for independent examination. Section 23 of the 2004 Act establishes the legislation pertinent to the adoption of local development documents. This confirms that where the person appointed to carry out the examination recommends modifications to make the Plan sound, the authority may adopt the document with main modifications and any additional modifications the authority considers necessary which would not materially affect the document; s23(4) confirms that the authority must not adopt a development plan document unless it is done in accordance with this clause. In order to become the council’s statutory Local Plan, it must be adopted by way of a Full Council Decision.

e)                      The Inspectors’ Final Report was received by the council on 6 September 2024. This has been published on the council’s website and has been attached as an Appendix to this Cabinet Report (Appendix B). The Inspectors have found the Crawley Borough Local Plan 2024-2040 to be legally compliant and sound subject to a number of Main Modifications which are set out in the Final Inspectors’ Report. These Main Modifications have been made to the final version of the Crawley Borough Local Plan 2023-2040 (October 2024) which is to be considered alongside this Cabinet Report (Appendix A). Minor additional modifications have also been incorporated to ensure the Local Plan is up to date, factually correct and internally consistent. These are set out in a schedule (Appendix C). These are in addition to those which were published by the council alongside the Main Modifications consultation.