Agenda item
Questions from members of the public
The Leader, or his nominee, to answer any questions raised by members of the public in accordance with Standing Order 14.
Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 15 October 2020.
At the time of publication of this agenda, 1 question was received
Question from Mr Andrew McLuskey
“Given the decision by the Secretary of State to authorise the construction of a new, unnecessary and potentially extremely disruptive pipeline from Southampton to Heathrow and given the council’s previous lacklustre response to the proposal will Spelthorne Council now commit to whole heartedly using all means possible to mount a strong legal challenge to the plan in the few weeks remaining which are available for this.”
Minutes:
The Mayor reported that, under Standing Order 14, 12 questions had been received from members of the public for this meeting.
1. Question from Mr. McLuskey
“Given the decision by the Secretary of State to authorise the construction of a new, unnecessary and potentially extremely disruptive pipeline from Southampton to Heathrow and given the council’s previous lacklustre response to the proposal will Spelthorne Council now commit to whole heartedly using all means possible to mount a strong legal challenge to the plan in the few weeks remaining which are available for this?”
Response from Councillor J. McIlroy:
“Thank you for your question, Mr McLuskey. The Southampton to London replacement pipeline sought by Esso was granted consent last week. It had been designated a Nationally Significant Infrastructure Project and as such was considered under the Development Consent Order process. This means that the Government had already established the principle of the development in publishing the relevant National Policy Statement (NPS); in this case the ‘Overarching National Policy Statement for Energy’ and the ‘National Policy Statement for Gas Supply Infrastructure and Gas and Oil Supply Pipelines’. The Secretary of State for Business, Energy and Industrial Strategy considered that the proposed development was in accordance with the two National Policy Statements and therefore benefitted from the presumption in favour of oil pipelines. To challenge the principle of the development would require a challenge to the NPS itself, which is not possible as they were both adopted in 2011. By contrast, in the case of the Heathrow expansion proposal there were legal challenges against the Airports National Policy Statement within the 6-week period following the parliamentary vote and that meant the scheme has yet to reach the Development Consent Order stage.
The Development Consent Order process was largely concerned with the detail of impacts the pipeline would have and what mitigation should be secured, with particular focus on the construction period. Spelthorne played a major role throughout the process, including pre-application discussions, preparing written submissions and appearing at the hearing sessions. We did not object to the principle of the replacement pipeline and focused our efforts on ensuring the development had the least possible impact on our communities and public spaces affected by the route, such as Fordbridge Park in Ashford. Through our engagement we were able to secure detailed construction plans for ‘hot spots’ in Spelthorne where there were important issues relating to trees, proximity to residential properties and access arrangements. Further detail will need to be agreed by all the affected local planning authorities and we will have powers to enforce measures required by the Order to ensure our residents and businesses are protected from any adverse impacts arising from the development. The Council can see no basis to challenge the decision and would consider it a fruitless use of our resources.”
2. Questions from Ms. Mulowska
“What effect does the release of a single Green Belt site for development have on how safe the others are - are they more safe or less safe?”
Response from Councillor J.R. Boughtflower:
Thank you for your questions.
“It is the local planning authority that reviews its own Local Plan and may decide to amend Green Belt boundaries to release land for development if there are ‘exceptional circumstances’ to do so. However, the Council must first have its Local Plan examined by an inspector who will issue a recommendation as to whether or not it is compliant with Government guidance and may require changes in order to do so.
“Any sites considered for release from the Green Belt will be assessed individually and on their own merits. Just because one site is proposed for release, it does not follow that other sites are more vulnerable as justification would need to be given through the site selection process, which includes a methodology for the assessment. This will show how and why all sites are selected, not just in the Green Belt, depending on the overall strategy for the Local Plan.”
3. Question from Mr. Hollingworth
Response from Councillor J. McIlroy
“Thank you for your question, Mr Hollingworth. It is still early days in considering the long-term effects of COVID-19 on the employment sector and the need for office space. The Local Plan will be covering a 15-year period from adoption and it is too soon to conclude that the current situation is permanent. Whilst we cannot make any assumptions at this stage about the likelihood of losing more offices to residential use, it is important that we explore this as part of the Local Plan preparation and what this might mean for sites to be allocated for residential development. We recognise that we have a high demand for housing, but we do not want to see Spelthorne become a dormitory borough and constrain the opportunities for businesses to thrive here.”
4 Question from Mr. Crooks
"If the green belts sites are developed on, they will no longer provide protection against flooding. Can you guarantee that the properties built on these sites will be insurable, following the increased risk of potential flooding?"
Response from Councillor J. McIlroy
“Thank you for your question, Mr Crooks. Flood risk is an important consideration for the Local Plan. We will carefully follow national guidance and have our own local information in the Strategic Flood Risk Assessment. The National Planning Policy Framework sets strict tests to protect people and property from flooding which all local planning authorities are expected to follow. Where these tests are not met, national policy is clear that new development should not be allowed. All local planning authorities must undertake a Strategic Flood Risk Assessment to fully understand the flood risk in the area. Spelthorne’s draft Strategic Flood Risk Assessment can be found on our website with other Local Plan evidence. When producing the Local Plan we will apply a sequential approach to site selection so that development is, as far as reasonably possible, located where the risk of flooding is lowest. Before sites at risk of flooding are allocated, a level two site-specific flood risk assessment will be undertaken to look in detail at the individual site.
Where there are no alternative sites and development needs to be in a location where there is any risk of flooding we are required to ensure development is appropriately flood resilient and resistant, safe for its users for the development’s lifetime, and will not increase overall flood risk in our borough or the wider area.
As part of the Local Plan preparation the Council will consult the Environment Agency on both he proposed policy and proposed sites and changes will be made as considered necessary as result of their recommendations. However, the Council is not in a position to guarantee that any property in the borough is insurable, whether at risk of flooding or in relation to other issues. That is a matter for individual insurance companies to determine.”
5. Question from Mr. Crooks
"Following the declaration of the climate emergency, will Spelthorne council now provide transparency over the membership and minutes of the climate task group?"
Response from Councillor J.R. Boughtflower
“The membership of the Council’s Climate Change Task Group, along with the composition of all the other recently appointed task groups, has been published earlier today. The Task Group will provide regular updates to meetings of the Council’s Overview and Scrutiny Committee which will be publicly available.”
6. Question from Mr. Woodward
“Following the welcome decision to declare a climate emergency, will the Council now publish the membership and minutes of the meetings of the Climate Task Group and explore ways to engage with local residents to develop a rigorous plan of action in response to climate change and biodiversity loss.”
Response from Councillor J.R. Boughtflower
“Thank you for your question, Mr Woodward.
Having declared a climate emergency, we are as a first step fully assessing and identifying our own carbon footprint and building into that assessment the activities, we have already undertaken to address climate change. From this we will develop an action plan. We recognise that our communities have a role to play in this, so we will continue to proactively work with residents, local businesses, children and schools. In 2021, this Council plans to launch ‘Community Climate Change Forums’ to help us identify ‘Green Champions’ and influence every one of the borough’s residents and visitors to take personal responsibly for becoming that little bit “greener”.
The membership of the Council’s Climate Change Task Group, along with the composition of all the other recently appointed task groups, has been published today. The Task Group will provide regular updates to meetings of the Council’s Overview and Scrutiny Committee which will be publicly available.”
7. Question from Mr. Hyde
“In documents supporting the consultation for the new Local Plan, Spelthorne Borough Council said that 1649 homes would need to be accommodated on Green Belt. Given that the new figures show that there is no need to build on any Green Belt in Spelthorne, will the Council now remove from the new Local Plan the proposals to release 19 Green Belt areas?”
Response from Councillor J. McIlroy
“As per my written reply to the question from Cllr Helen Harvey on the same subject, I can advise there will be a report considered at the Cabinet meeting on 4 November on the issue of our housing need figure, following a recommendation of the Local Plan Task Group. The reports will be available for the public to view on Tuesday 27 October.”
8. Question from Mr. Crooks
"Green belt sites perform a vital role in the wellbeing of the climate and of our citizens. Following the declaration of a climate emergency, will Spelthorne council now recognise the importance of protecting the green belt sites, regarding their importance to the wider climate crisis?"
9. Question from Mr. Hyde
“Green land provides a valuable role in carbon sequestration, and studies have also shown that being in or close to green areas is beneficial for the health and mental wellbeing of the local community. Given this, will the Council establish a new policy which requires land owners to nurture and maintain Green Belt as open green land so that it is fully meeting its potential in helping to address the climate emergency and in providing a health benefit to the community?”
Response from Councillor J.R. Boughtflower to questions 8 and 9
“Thank you for your questions, Mr Crooks and Mr Hyde. this Council takes climate change very seriously, as indicated by our decision to declare a climate change emergency. We have already undertaken a range of projects to help reduce climate change, including reducing energy usage in Council offices by 40%, introducing electric vehicles into the Council fleet and planting over 1,000 trees, recognising their value for both health and well-being and carbon sequestration (a full list of projects undertaken are provided in the written response to this question). The Council proactively ensures the value of its open spaces for residents and promotes their biodiversity.
Climate change is a very important issue that needs to be addressed in the new Local Plan, through policies and when considering sites for allocation for specific uses. However, in developing the plan there are other priorities that must also be addressed, such as the need for affordable housing, vital infrastructure and employment opportunities. The Council’s Local Plan Working Party, comprised of Councillors, will take all aspects of these priorities into account and translate these into the best strategy, with associated policies, to ensure a thriving and sustainable Borough into the future.
With respect to Mr Hyde’s comments about the need for a new policy which requires landowners to nurture and maintain Green Belt as open green land, it is important to note that policies in the Local Plan apply when development is proposed. There are limits to which we can require landowners to enhance areas of Green Belt within their ownership, unless this can be secured through associated development and therefore enhancement can be made a requirement of a planning permission.”
10. Questions from Ms. Sanders
“Who else did the Council consider before selecting ARUP as the consultants for the Green Belt assessment, and what was the brief?”
“Given the fundamental importance of the housing numbers to the Local Plan and that the initial meeting with the MHCLG was nearly a year ago (5th November 2019), and the Officer says they have chased them, please can the Officer say what was the date of the last communication from the MHCLG and when were they last chased for an official answer?
What further work is being undertaken and what impact is the Officer expecting this work to have?
The Officer states that the planners are having to move forward with the higher figure based on the 2014 household projections (i.e. what is now 606 dpa). Why is the government delay in providing a formal response not grounds enough for delaying the planning process, especially given the events of 2020?”
Response from Councillor J. McIlroy
“Thank you for your questions Ms Sanders. In response to your first question, the Council considered tenders from seven well-established and experienced consultancies to carry out the Green Belt Assessment, that was ultimately awarded to ARUP. To summarise the brief, the purpose of the study was to assess and confirm whether the Green Belt in Spelthorne still fulfils its purpose as defined by the criteria set out in the National Planning Policy Framework (NPPF). The purpose was also to assess whether any land which is not Green Belt could meet the purposes as set out in the NPPF. The report was required to:
• include a full technical explanation of the methods employed, with any limitations noted, and clearly document all data sources to be used; and
• justify all assumptions, judgements and findings in an open and transparent manner; and
• use and report upon effective quality control mechanisms.
Responding to the remainder of your questions about Local Housing Need - our Strategic Planning Manager, Ann Biggs, informs me that there was verbal communication with senior officers from the Ministry of Homes, Communities and Local Government in the spring of this year. Since then, with the pandemic response taking priority at a local and central government level, there was no further communication but we were advised to await the publication of the Government’s ‘Planning for the Future’ white paper and the consultation on its proposals this summer, which would include an overhaul of the planning system and an update to the standard methodology for calculating housing need. Officers have reviewed the white paper and the Council will be submitting a formal response to the consultation. As per my earlier reply to the question from Cllr Helen Harvey on the same subject, I can advise there will be a report considered at the Cabinet meeting on 4 November on the issue of our housing need figure, following a recommendation of the Local Plan Task Group. The reports will be available to view by the public on Tuesday 27 October.”
11. Question from Mrs. Doerfel
“How can residents get involved with or at least attend the new Local Plan Task Group?"
12. Question from Mrs. Doerfel
“Why can't the Council enable those members of the public who wish to, to read out their own questions in full like we used to be able to before remote meetings took place?”
Response from Councillor J. Boughtflower
“Thank you for your questions, Mrs Doerfel. In response to your first question - There are a number of ways in which the public can become involved in local democracy, including the right you have exercised to ask a question at the Full Council meeting. Task Groups are not committee meetings under the terms of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and therefore there is no statutory requirement for the public to have access. Officers and elected councillors representing their constituents need to have the necessary space to discuss things in private and to have free, frank and open discussions to formulate policy. The local plan is subject to an extensive public consultation process allowing for public engagement with the process.
Although the public cannot attend the meetings, the recommendations from the Task Group are published on the Cabinet agendas, which are publicly available; and the Cabinet meetings where these are discussed and decided upon are held in public.
In response to your second question - The Council welcomes questions from the public and wishes to encourage your involvement.
The Constitution provides 30 minutes for members of the public to ask their questions at Council. If we stuck rigidly to that provision and allowed the public to put their full statements as well as ask their question, those who submitted their questions at the last minute may not have the opportunity to ask them at all. We prefer to let everyone have their say and to do that it has been necessary to isolate the question from the preceding statements. I am not aware of any instance when a question has been abridged, as it is the preceding statement which has to be abridged to give context to the following question. The full questions are set out on the Council agenda for all to see and the full question and response are included in the minutes.
We have decided at the current time not to allow the public to ask their question in person because we are currently using Skype video conferencing, and not everyone is as familiar with this as with other conferencing platforms.
We do not at present have the resources to assist the numbers of public asking questions to use our existing conferencing facilities. The Council is moving to Microsoft Teams in the next month and will review the situation once this has been introduced.”
Supporting documents:
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