Agenda item

Arrangements for SODC Local Plan following Holding Direction by the Secretary of State.

Meeting of County Council, Tuesday, 11 February 2020 10.30 am (Item 9/20)

Report by the Corporate Director for Place & Growth (CC9) To Follow

South Oxfordshire District Council submitted its Local Plan to the Planning Inspectorate for examination in March 2019. In October 2019, following a period in which the new South Oxfordshire administration were considering either withdrawing or significantly amending their Local Plan, they were issued with a Holding Direction by the Secretary of State. This has had the effect of preventing them from withdrawing their plan. Since October discussions have been taking place between the District Council and the Ministry of Housing, Communities and Local Government to try and find a way to allow the due process of examining the Local Plan to continue. The holding direction remains in place.

In his most recent letter to South Oxfordshire District Council on the 7^th January 2020, the Secretary of State reiterated that the Government is committed to ensuring every area has an up to date and suitably ambitious Local Plan in place. In addition to considering Local Plan intervention under section 21 and 27 the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”), he also stated that he is considering whether it is appropriate to exercise powers under section 27A of, and paragraph 7B of Schedule A1 to, the 2004 Act and invite Oxfordshire County Council to prepare the South Oxfordshire Local Plan.

Paragraph 7B of Schedule A1 to the 2004 Act provides:

“If the Secretary of State—

(a) thinks that a lower-tier planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and

(b) invites the upper-tier county council to prepare or revise the document,the upper-tier county council may prepare or revise (as the case may be) the development plan document.”

Paragraph 44 of the Explanatory Notes as set out in the Neighbourhood Planning Act 2017 (the amending legislation) states: “Where a county council accepts the invitation, they are responsible for preparing the document and having it examined. They may then approve the document (or approve it subject to modifications recommended by the inspector)”.

The Secretary of State’s letter of 7^th January asked South Oxfordshire District Council to outline, by 31st January 2020, any exceptional circumstances as to why they do not have a plan in place that should be taken into account when a decision on next steps is made. The Secretary of State’s decision is awaited as to how he now intends to proceed, including whether to formally invite the County Council to prepare the South Oxfordshire Local Plan. Should the County Council agree to accept any such invitation then it would require satisfactory assurances that, as set out under the provisions of the 2004 Act, its costs would be fully recovered.

In the event of the receipt of an invitation by the Secretary of State to prepare or revise the South Oxfordshire Local Plan pursuant to powers under section 27A of, and paragraph 7B of Schedule A1 to, the Planning and Compulsory Purchase Act 2004, Council is RECOMMENDED to accept such an invitation subject to satisfactory assurances being received in relation to the recovery of its costs.

Minutes:

South Oxfordshire District Council had submitted its Local Plan to the Planning Inspectorate for examination in March 2019. In October 2019, following a period in which the new South Oxfordshire administration were considering either withdrawing or significantly amending their Local Plan, they were issued with a Holding Direction by the Secretary of State. This had the effect of preventing them from withdrawing their plan. Since October discussions had been taking place between the District Council and the Ministry of Housing, Communities and Local Government to try and find a way to allow the due process of examining the Local Plan to continue. The holding direction remained in place.

In his most recent letter to South Oxfordshire District Council on the 7 January 2020, the Secretary of State reiterated that the Government was committed to ensuring every area had an up to date and suitably ambitious Local Plan in place. In addition to considering Local Plan intervention under section 21 and 27 the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”), he also stated that he was considering whether it was appropriate to exercise powers under section 27A of, and paragraph 7B of Schedule A1 to, the 2004 Act and invite Oxfordshire County Council to prepare the South Oxfordshire Local Plan.

Paragraph 7B of Schedule A1 to the 2004 Act provides:

“If the Secretary of State—

(b) invites the upper-tier county council to prepare or revise the document,the upper-tier county council may prepare or revise (as the case may be) the development plan document.”

The Secretary of State’s letter of 7 January asked South Oxfordshire District Council to outline, by 31st January 2020, any exceptional circumstances as to why they did not have a plan in place that should be taken into account when a decision on next steps was made. The Secretary of State’s decision was awaited as to how he now intended to proceed, including whether to formally invite the County Council to prepare the South Oxfordshire Local Plan. Should the County Council agree to accept any such invitation then it would require satisfactory assurances that, as set out under the provisions of the 2004 Act, its costs would be fully recovered.

Council were asked to consider whether or not it would accept an invitation by the Secretary of State, to prepare or revise the South Oxfordshire Local Plan pursuant to powers under section 27A of, and paragraph 7B of Schedule A1 to, the Planning and Compulsory Purchase Act 2004.

Councillor Liz Brighouse moved and Councillor Laura Price seconded the following amendment to the recommendations as shown in bold italics below:

Given that:

1. SODC had not been able to come up with suggestions which would change the previously agreed Local Plan in a way which would honour the promises made to residents when they were elected.

2. The SODC Local Plan had implications beyond the District.

3. The houses proposed in the Plan to be developed in Grenoble Road and the associated opening of the Cowley Branch Line would meet both the desperate need for housing close to Oxford and the need for such a development to by cognisant of the Climate Emergency.

4. The traffic issues in Didcot need to be addressed urgently:

Following debate, the amendment was put to the vote and was carried by 43 votes to 16, with 2 abstentions.

Cllr Harris raised a concern that the report provided to Council did not specifically identify the legal implications and risk assessment which was a departure from the normal form of report.

During debate on the substantive Motion Councillor Harris moved that the matter be referred back until a full legal and risk assessment could be carried out. The Chairman ruled that the motion was not a procedural motion and therefore not allowed.

During debate on the substantive motion, Councillor Hanna moved and Councillor Harris seconded a procedural motion in line with section 15.10.3 of the Council Procedural Rules to adjourn the debate pending further legal advice.

The Motion was put to the vote and was lost by 38 votes to 16, with 5 abstentions.

Councillor Roz Smith and 6 other members stood in their seats to require that the vote be recorded in the minutes.

The substantive motion as amended was put to the vote and was carried by 39 votes to 16, with 4 abstentions.

Voting was as follows:

Councillors voting for the motion (39)

Azad, Banfield, Bartholomew, Bartington, Billington, Brighouse, Bulmer, Cherry, Clarke, Constance, Corkin, Fatemian, Fenton, Fitzgerald O’Connor, Fox-Davies, Gawrysiak, Griffiths, Handley, Harrod, Haywood, Heathcoat, Hudspeth, Ilot, Lygo, Mallon, McLLveen, Phillips, Price, Reeves, Reynolds, Sames, Gill Sanders, John Sanders, Sibley Stratford, Thompson, Turnbull, Waine, Walker.

Councillors voting against the motion (16)

Bearder, Buckley, Fawcett, Grey, Hanna, Hannaby, Harris, Howson, Johnston, Leffman, Roberts, Rooke, Emily Smith, Roz Smith, Sudbury, Webber.

Councillors abstaining on the motion (4)

Carter, Field-Johnson, Lindsay-Gale, Matelot.

It was accordingly:”

RESOLVED: (by 39 votes to 16, 4 abstentions)

Given that:

1. SODC has not been able to come up with suggestions which would change the previously agreed Local Plan in a way which would honour the promises made to residents when they were elected.

2. The SODC Local Plan has implications beyond the District.

3. The houses proposed in the Plan to be developed in Grenoble Road and the associated opening of the Cowley Branch Line will meet both the desperate need for housing close to Oxford and the need for such a development to by cognisant of the Climate Emergency.

4. The traffic issues in Didcot need to be addressed urgently:

In the event of the receipt of an invitation by the Secretary of State to prepare or revise the South Oxfordshire Local Plan pursuant to powers under section 27A of, and paragraph 7B of Schedule A1 to, the Planning and Compulsory Purchase Act 2004, Council is to accept such an invitation subject to satisfactory assurances being received in relation to the recovery of its costs.

Supporting documents: