Issue - meetings

To consider the report concerning amendment to specific policies in the adopted 2009 Local Plan

Reason for exemption

Appendices 3 and 4 contain exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006 Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 

Information is exempt only if, in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The Committee considered a report regarding whether or not it was possible to amend specific policies in the adopted 2009 Local Plan to prevent developments over 6 storeys in Staines-upon-Thames.

Cabinet had on two occasions considered reports on the very significant consequences of halting all development in Staines-upon-Thames.  On both occasions, members highlighted concerns about developments being brought forward in advance of the adoption of a new Local Plan and the Staines Development Framework.   A particular issue was the proposed height, bulk, and massing of developments.  Officer recommendations on both occasions were rejected, and a time limited Moratorium was put in place on virtually all Council developments in Staines-upon-Thames. 

Expert legal advice had been sought on whether there was scope, legally, to change a limited number of policies in the adopted 2009 Local Plan to prevent development over 6 storeys in Staines upon Thames.  This expert legal advice stated that to amend the Local Plan 2009, even for a single issue, would require compliance with the Local Plan Regulations 2012.  A proposal to include a policy preventing development over 6 storeys would need to be supported by a proportionate evidence base and be subject to consultation and examination.  For such a policy to be adopted soundness tests would need to be fulfilled.  The external legal advice concluded that there was no likelihood that this policy would be considered sound by an inspector as one of the tests for soundness is compliance with national policy and the National Planning Policy Framework (NPPF) 2019 places an enhanced role of higher density in appropriate locations.

Cabinet had rejected the advice as they considered that residents’ views should be taken into account and a wider debate was required, and referred it to this Committee for consideration with a request that it be deferred to Full Council.

Very clear advice had been given on the severe consequences of amending the Local Plan 2009 which were set out in the Extraordinary Cabinet report dated 25 January 2021 – adverse financial impact, less affordable housing, no Council developments, and risk to delivering housing numbers and the Local Plan.  

It was agreed that every opportunity should be taken to ensure that all possible avenues were actively explored, and this message needed to be conveyed to residents.  A twin track approach of challenging the government’s housing figures in every possible way, whilst continuing with the current review of the Local Plan was considered the best option.  Any further delay would jeopardise the Council’s ability to control their own planning decisions, and there was a risk that Surrey County Council or the government would write our Local Plan for us.

The Chair advised that an Extraordinary meeting of the Environment and Sustainability Committee had been convened for 13 July to discuss the Local Plan Strategy.

It was acknowledged that some very difficult decisions which would likely prove unpopular with residents would need to be faced and whilst the government’s housing figures would be challenged, the success rate of other authorities  ...  view the full minutes text for item 205

To consider any items which the Chairman considers as urgent.

The Leader informed the Cabinet that he wished to consider an urgent item on the amendment to specific policies in the adopted 2009 Local Plan, the details of which had been circulated earlier that day.

Cabinet noted that there had been considerable concern expressed by some local residents within and around Staines-upon-Thames about current and future applications coming forward for large scale development within the town. There were also wider concerns around numbers, height and density, which were being considered as part of the review of the Local Plan. As a result Cabinet felt that urgent advice was needed to be sought on whether or not there was scope, legally, to change a number of policies in the adopted 2009 Local Plan to prevent development over 6 stories within Staines-upon-Thames.

Cabinet further noted that officers were asked to secure expert external legal advice in advance of the Cabinet meeting and that this expert legal advice stated that to amend the Local Plan 2009, even for a single issue, would require compliance with the Local Plan Regulations 2012. A proposal to include a policy preventing development over 6 stories would need to be supported by a proportionate evidence base and be subject to consultation and examination. For such a policy to be adopted soundness tests would need to be fulfilled. The external legal advice concluded that there was no likelihood that this policy would be considered sound by an inspector as one of the tests for soundness is compliance with national policy and the National Planning Policy Framework (NPPF) 2019 places an enhanced role of higher density in appropriate locations. 

Cabinet discussed the advice and agreed that they felt residents needed to be heard and that a wider debate on the issue was required. Cabinet agreed that they would like Full Council to consider the issue.

Alternative options considered and rejected by the Cabinet:

To note the advice received from Counsel at confidential Appendix B, and, in light of this advice, to continue to proceed with the current process, which has been underway for the past two years, to revise the Local Plan in its entirety. This was rejected as Cabinet did not feel satisfied that residents views would be taken into account.

Resolved that; 

a)    the decision to amend specific policies within the 2009 Local Plan be deferred pending the implementation of the Committee system;

b)    the issue be considered by the Environment and Sustainability Committee, with a request that this is deferred to Full Council.