Agenda item

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 was not encouraging.  Furthermore, the pandemic would likely place more pressure on families. It was confirmed that currently just over 3,000 people were on the Council’s housing register. 

Concern was expressed that Staines was the focus for development and that the spread should be more evenly distributed across the borough. Equally a view was put forward that green belt had to be protected or it would be lost forever and that to place a limit of no more than 6 storeys in Staines was unreasonable.

It was felt beneficial for a second external expert opinion to be sought on whether it was possible to undertake a limited policy review, and that this should be undertaken by the external consultant agreed under item 6/21 – Formation of Strategic Task Groups.

Alternative options considered and rejected:

1.    To reject the expert professional advice and agree that there should be a limited review of the relevant policies within the adopted Local Plan.

2.    To refer the matter to the Corporate Policy and Resources Committee on 5 July 2021 for consideration.

3.    To defer the matter to Council for consideration.

Resolved:

1.    To note the advice received from Counsel at confidential Appendix 4.

2.    That in the light of this advice to seek a second opinion of Counsel’s advice, but to continue with the current process which has been underway for the past two years to revise the Local Plan in its entirety.

3.    The Leader and Deputy Leader to write a strongly worded letter to Kwasi Kwarteng, the Constituency MP, expressing deep concern over the housing numbers allocation for the borough and extend an invitation to attend a meeting of the Committee to discuss the housing figures.