The Committee resolved:
1. to note the advice received from Counsel at confidential Appendix 4.
2. 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. that 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.
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.