Agenda item

To consider the future direction of Local Plan preparation and associated governance arrangements.

Decision

That Cabinet:

1.    Agree that the Council ceases work on the existing ‘legacy’ Local Plan.

2.    Agree that plan-making activities under the new Local Plan-making system are initiated.

3.    Delegate authority to the Assistant Director of Planning and Growth, following consultation with the portfolio holder for Planning to:

a)    Authorise publication of a Notice of Commencement at the earliest appropriate opportunity to start the plan-making process;

b)   Authorise publication of a Local Plan Timetable (based on the indicative timetable attached at Appendix A, or any variation of) to provide full details of the programme for production of the Local Plan on the Council’s website;

c)    Authorise the carrying out of a Scoping Consultation exercise with stakeholders and publish a summary of the scoping consultation; and;

d)   Prepare and approve the documents and actions that are required to support the self-assessment requirements for passing Gateway 1.

Reasons for the decision

Continuing work on the existing legacy Local Plan to its current timetable would involve abortive work and most likely fail to deliver a Local Plan capable of meeting tests of soundness. Option 1 has therefore been discounted as it carries the greatest risk to the Council.

Other options considered

Potential to apply faster build out rates, higher densities to achieve higher overall numbers has been considered and rejected. Officers have in confidence consulted with MHCLG, Planning Advisory Service and the Planning Inspectorate. The common response has been to be understanding of our position and open to our proposed change in Local Plan approach. MHCLG officers have asked to be kept advised of Cabinet’s decision. Officers have reviewed how the Council should respond to the new plan-making system and draft guidance. Two options have been considered:

Option 1 - Continue under current regulations and submit by December 2026

·         If the submission deadline is missed, or the plan is found unsound, the Council would need to restart plan preparation under the new system. This would make much of the work already undertaken abortive and create reputational risk for SKDC.

·         It is no longer realistic to complete the evidence base and draft Regulation 19 Local Plan in time for consultation in September 2026. This option is therefore not feasible.

Option 2 - Transition now to the new plan-making system (Recommended)

·         This would provide clarity and certainty. A single statutory pathway, with defined gateways, would reduce risk and establish clear expectations.

·         It would make best use of existing work. Existing options, plan content and evidence could be developed further and redirected to address the need for additional sites to support the Council’s housing supply.

·         At the time of writing, the shape of Local Government Reorganisation and its implications for the Local Plan process are unknown. The indicative Local Plan timetable therefore reflects the need to consult neighbouring authorities to maximise alignment on timescales and boundaries before final timelines are confirmed.

The Cabinet Member for Planning submitted a report requesting that Cabinet consider the future direction of the Local Plan preparation and associated governance arrangements. It was reported that continuing work on the existing legacy Local Plan to its current timetable would involve abortive work and would most likely fail to deliver a Local Plan capable of meeting tests of soundness. Therefore, Cabinet were being asked to agree that the Council ceases work on the existing ‘legacy’ plan to agree that plan-making activities under the new Local Plan-making system be introduced.

RESOLVED:

That Cabinet:

1.    Agree that the Council ceases work on the existing ‘legacy’ Local Plan.

2.    Agree that plan-making activities under the new Local Plan-making system are initiated.

3.    Delegate authority to the Assistant Director of Planning and Growth, following consultation with the portfolio holder for Planning to:

a)    Authorise publication of a Notice of Commencement at the earliest appropriate opportunity to start the plan-making process;

b)   Authorise publication of a Local Plan Timetable (based on the indicative timetable attached at Appendix A, or any variation of) to provide full details of the programme for production of the Local Plan on the Council’s website;

c)    Authorise the carrying out of a Scoping Consultation exercise with stakeholders and publish a summary of the scoping consultation; and;

d)   Prepare and approve the documents and actions that are required to support the self-assessment requirements for passing Gateway 1.

Reasons for the decision

Continuing work on the existing legacy Local Plan to its current timetable would involve abortive work and most likely fail to deliver a Local Plan capable of meeting tests of soundness. Option 1 has therefore been discounted as it carries the greatest risk to the Council.

Other options considered

Potential to apply faster build out rates, higher densities to achieve higher overall numbers has been considered and rejected. Officers have in confidence consulted with MHCLG, Planning Advisory Service and the Planning Inspectorate. The common response has been to be understanding of our position and open to our proposed change in Local Plan approach. MHCLG officers have asked to be kept advised of Cabinet’s decision. Officers have reviewed how the Council should respond to the new plan-making system and draft guidance. Two options have been considered:

Option 1 - Continue under current regulations and submit by December 2026

·         If the submission deadline is missed, or the plan is found unsound, the Council would need to restart plan preparation under the new system. This would make much of the work already undertaken abortive and create reputational risk for SKDC.

·         It is no longer realistic to complete the evidence base and draft Regulation 19 Local Plan in time for consultation in September 2026. This option is therefore not feasible.

Option 2 - Transition now to the new plan-making system (Recommended)

·         This would provide clarity and certainty. A single statutory pathway, with defined gateways, would reduce risk and establish clear expectations.

·         It would make best use of existing work. Existing options, plan content and evidence could be developed further and redirected to address the need for additional sites to support the Council’s housing supply.

·         At the time of writing, the shape of Local Government Reorganisation and its implications for the Local Plan process are unknown. The indicative Local Plan timetable therefore reflects the need to consult neighbouring authorities to maximise alignment on timescales and boundaries before final timelines are confirmed.

The following points were highlighted during the debate:

The Government had made it clear that all local authorities should continue their production of an up-to-date local plan and to have them in place as soon as possible. Local Government Reorganisation was not a reason to delay plan-making and any delay in doing so would increase risk to the authority.

It was explained that there was a need for a continuation or preparedness post LGR and it was made evident that SKDC needed to keep progressing their Local Plan with the possibility of working towards growth in the local area.