Agenda item

Mendip Local Plan - variation to order of 16 December 2022

Report to follow

Decision:

Following consideration of the officer report and appendices and discussion, the Executive:

 

(a) Confirmed a commitment to commence the Mendip Local Plan Part II site allocations review specified in the Order to the following timescales  

 

o   To undertake a call for sites limited to the 505 dwellings within 28 days of the amended order, commencing on 24 July 2023 for 6 weeks until 4 September 2023 

o   To publish a Regulation 18 consultation with proposed allocations by 8 January 2024 (for 6 weeks consultation as required by the Regulations) 

o   To publish a Regulation 19 statement seeking representations for a 6 week period as required by the regulations by 13 May 2024

o   To submit for examination by 1 September 2024. 

 

b.         Agreed the proposed approach to the review as set out in the report and notes the site allocations review for the Mendip Local Plan will be subject to Member and community consultation; 

 

c.         Noted the resource and financial implications of the Order and project plan and that further reports will be made to Executive prior to the Regulation 18 consultation on the preferred option for allocation of the additional 505 homes and the Regulation 19 publication prior to submission to the Inspectorate;  

 

d.         Agreed that delegated authority be given to Service Director – Governance, Democratic and Legal Services to apply to the Court to seek to vary the Court Order should circumstances beyond the Council’s control mean that the timetable set out above cannot be achieved;

 

Agreed that delegated authority be granted to the Service Director – Economy, Employment and Planning in consultation with the Lead Member for Economic Development, Planning and Assets, to expedite the timetable, if feasible, to bring forward the date for the Regulation 19 publication and submission of the allocations.

Minutes:

The Leader of the Council and Lead Member for Governance and Communications, Cllr Bill Revans, invited the Lead Member for Economic Development, Planning and Assets, Cllr Ros Wyke, to introduce the report.

 

The Lead Member for Economic Development, Planning and Assets, Cllr Ros Wyke, introduced the report, highlighting: that the report summarised the Judicial Review of Mendip Local Plan Part II (LPP2), resulting in a court order being made against Mendip District Council on 16th December 2022 and an amendment was noted in the supplemental agenda p12, the date in Appendix 2, Para 5 which should be October 2022 not 2023.

 

The Monitoring Officer, David Clark, further added to the above points, advising of the necessary urgency and implementation of the report to meet with the clear direction of the High Court to deliver the outlined timetable, additionally he clarified the inclusion of any necessary scrutiny and public consultation in the following delivery process and plans.

 

The Assistant Director, Strategic Place and Strategic Planning, Alison Blom-Cooper presented the report, highlighting; that following publication of the report, the Judge requested a review to expedite the timetable; the addition of a further recommendation regarding a delegation to officers and the Lead Member to bring forward the date for Regulation 19 publication if feasible. It was further emphasised that the work would be subject to public consultation before being submitted to the Planning Inspectorate.

The Leader of the Council and Lead Member for Governance and Communications, Cllr Bill Revans, invited comments from other Members present, questions and points raised included; the reason for the process and the allocation 505 houses; the call for a clear  process across the Eastern part of Somerset to meet requirements, and the effect on communities; the deliverable date of the dwellings by 2029; the consideration of unallocated windfall sites and current developer sites; access to the former Mendip District Council reports and papers; and oversight and governance of the process.

In response, the Assistant Director, Strategic Place and Strategic Planning, Alison Blom-Cooper, and the Principal Planning Officer, Andre Sestini, advised of the thorough assessment process required by legislation, including: reasonable alternative options for the delivery of homes; a process of sustainability appraisal; and habitat regulations assessment and that all options suitable, available and deliverable in the time period to be considered, with the use of unallocated windfall sites to be advised on following consultation and legal advice.

Having been duly proposed and seconded, the Executive unanimously agreed to add the recommendation:

 

e. Agreed that delegated authority be granted to the Service Director – Economy, Employment and Planning in consultation with the Lead Member for Economic Development, Planning and Assets, to expedite the timetable, if feasible, to bring forward the date for the Regulation 19 publication and submission of the allocations. Agree that any minor changes to the text and the final graphic design of the document are delegated to the Leader of the Council, in consultation with the Executive Lead Member(s).

 

The Executive proceeded to vote on the recommendations, as amended, which were also agreed unanimously. 

 

The Executive agreed:

 

(a) Confirmed a commitment to commence the Mendip Local Plan Part II site allocations review specified in the Order to the following timescales  

 

  • To undertake a call for sites limited to the 505 dwellings within 28 days of the amended order, commencing on 24 July 2023 for 6 weeks until 4 September 2023 
  • To publish a Regulation 18 consultation with proposed allocations by 8 January 2024 (for 6 weeks consultation as required by the Regulations) 
  • To publish a Regulation 19 statement seeking representations for a 6 week period as required by the regulations by 13 May 2024
  • To submit for examination by 1 September 2024. 

 

b.    Agreed the proposed approach to the review as set out in the report and notes the site allocations review for the Mendip Local Plan will be subject to Member and community consultation; 

 

c.     Noted the resource and financial implications of the Order and project plan and that further reports will be made to Executive prior to the Regulation 18 consultation on the preferred option for allocation of the additional 505 homes and the Regulation 19 publication prior to submission to the Inspectorate;  

 

d.    Agreed that delegated authority be given to Service Director – Governance, Democratic and Legal Services to apply to the Court to seek to vary the Court Order should circumstances beyond the Council’s control mean that the timetable set out above cannot be achieved;

 

e.     Agreed that delegated authority be granted to the Service Director – Economy, Employment and Planning in consultation with the Lead Member for Economic Development, Planning and Assets, to expedite the timetable, if feasible, to bring forward the date for the Regulation 19 publication and submission of the allocations.

 

ALTERNATIVE OPTIONS CONSIDERED: As set out in the officer report.? 

? 

REASON FOR DECISION: As set out in the officer report.? 

 

Supporting documents: