Agenda item

Nexus Local Development Order

To complete the review and ensure compliance with Condition 1 of the Local Development Order, with additional text stated in the report.

Decision:

Councillor Richard Wilkins proposed the recommendations which were seconded by Councillor Dixie Darch. Having been duly proposed and seconded, the Planning and Transport Policy Sub-CommitteeRESOLVED to:-

retain the LDO as it stands, 

in accordance with Condition 1 (a) of the LDO, subject to the additional text (highlighted in 

bold below). 

 

a.The LDO and the terms within it will be active for a period of 15 years following the day of its adoption and will expire following this period.  

? 

The LPA will review progress with the LDO on the 5th anniversary of its adoption to be able to fully reflect on the continuity continued suitability of the LDO in?the light ifof any changes to planning policy.  

? 

TheThis first review will be completed with 28 days of the 5th anniversary and at the end of the review the LPA will determine whether to:  

a) Retain the LDO as it stands for the remaining 10 years of its life;  

b) Retain but revise some elements; or  

c) Revoke and cancel the LDO  

? 

Further to this first review, and on the assumption that the LPA has not determined to revoke and cancel the LDO as a result of the first review, the LPA shall, within 5 years of the first review, conduct a second review of the LDO following which the LPA shall determine whether to: 

a.              Retain the LDO as it stands (or as it has previously been revised following the first review) for the remainder of the 15 year duration for the LDO as set by this Condition 1 

b.              Retain the LDO (whether as initially drawn or if revised following the first review then as revised) but revise some elements including the nature of the development which underpins it  

c.              Revoke and cancel the LDO 

The second review of the LDO shall consider the on-going suitability of the development proposals in the LDO in planning terms. 

? 

Development which has beencommenced under the provisions of the LDO can shall be able to be completed in the event that the LDO  

·                is revoked as a result of the first or second review; or 

·                is revised as a result of the first or second review in a manner which renders the development as commenced incompatible with the LDO as revised; or  

·                expires.  

This isAny carrying out of development pursuant to this LDO shall be subject to the LPA's confirmation of compliance issued under the Pre Development process. 

 

Minutes:

The Principal Planning Policy Officer, James Holbrook, introduced the report which requested members to complete the review and ensure compliance with Condition 1 of the Local Development Order (LDO). It also proposed that the wording of Condition 1 was also amended to address some minor typographical errors and to insert an additional review period (second review) in order that the regeneration benefits of the LDO could be secured.

 

The Sub-Committee discussed the report and the following points were raised:-

·       Councillors agreed that the report provided a sensible approach to ensure compliance with Condition 1 of the LDO.

·       Councillors acknowledged the importance of noting the review in 5 years and the revision of the wording in Condition 1.

 

Councillor Richard Wilkins proposed the recommendations which were seconded by Councillor Dixie Darch.

 

Resolved that the Planning and Transport Policy Sub-Committeeagreed to retain the LDO as it stood, in accordance with Condition 1 (a) of the LDO, subject to the additional text (highlighted in bold below). 

a)    The LDO and the terms within it will be active for a period of 15 years following the day of its adoption and will expire following this period.  

 

The LPA will review progress with the LDO on the 5th anniversary of its adoption to be able to fully reflect on the continuity continued suitability of the LDO in?the light ifof any changes to planning policy.  

 

TheThis first review will be completed with 28 days of the 5th anniversary and at the end of the review the LPA will determine whether to:  

a)    Retain the LDO as it stands for the remaining 10 years of its life;  

b)    Retain but revise some elements; or  

c)     Revoke and cancel the LDO  

 

Further to this first review, and on the assumption that the LPA has not determined to revoke and cancel the LDO as a result of the first review, the LPA shall, within 5 years of the first review, conduct a second review of the LDO following which the LPA shall determine whether to: 

a)    Retain the LDO as it stands (or as it has previously been revised following the first review) for the remainder of the 15 year duration for the LDO as set by this Condition 1 

b)    Retain the LDO (whether as initially drawn or if revised following the first review then as revised) but revise some elements including the nature of the development which underpins it  

c)     Revoke and cancel the LDO 

The second review of the LDO shall consider the on-going suitability of the development proposals in the LDO in planning terms. 

 

Development which has beencommenced under the provisions of the LDO can shall be able to be completed in the event that the LDO  

·       is revoked as a result of the first or second review; or 

·       is revised as a result of the first or second review in a manner which renders the development as commenced incompatible with the LDO as revised; or  

·       expires.  

 

This isAny carrying out of development pursuant to this LDO shall be subject to the LPA's confirmation of compliance issued under the Pre Development process. 

Supporting documents: