Agenda item - BCP Local Plan next steps, updated Local Development Scheme (LDS) and Statement of Community Involvement (SCI)

Following Stage 1 examination hearings on the draft BCP Local Plan in January 2025, the Inspectors provided a post hearing letter in early March 2025. The letter stated that the Council had failed to adequately discharge the Duty to Cooperate. This is not something that can be rectified during the examination.

Cabinet is therefore recommended to withdraw the draft BCP Local Plan from examination.

The associated Community Infrastructure Levy (CIL) Charging Schedule that was submitted for its own examination at the same time is also recommended to be withdrawn due its strong ties with the draft Local Plan.

If Cabinet and Council agree the withdrawal of the Local Plan and CIL Charging Schedule, a new Local Plan will need to be prepared. A timetable (Local Development Scheme - LDS) for this new Plan is recommended in Appendix 1.

To facilitate community involvement and good plan making and development management processes, an updated Statement of Community Involvement (SCI) is also recommended for Cabinet to agree at Appendix 2.

RECOMMENDED that Cabinet: -

(a) recommends to Council that the draft BCP Local Plan be withdrawn from examination;

(b) recommends to Council that the draft BCP CIL Charging Schedule be withdrawn from examination;

(c) agrees to the publication of a new Local Development Scheme at Appendix 1 and submission to Government, subject to Council agreement to withdraw the draft BCP Local Plan under recommendation a.

(d) agrees the updated Statement of Community Involvement at Appendix 2.

Voting: Unanimous

Portfolio Holder: Leader of the Council

Reason

The draft BCP Local Plan has not been supported by the Inspectors’ at examination Stage 1.

Local Authorities are required to produce, and keep up to date, a Local Development Scheme (LDS) which sets out the future planning documents the Council will be producing within a three-year period and the timescales and key milestones for their preparation. A new LDS is needed if the Council chooses to withdraw the draft BCP Local Plan and start work on a new BCP Local Plan.

To update the SCI for the purpose of good planning.

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Cabinet was advised that following Stage 1 examination hearings on the draft BCP Local Plan in January 2025, the Inspectors provided a post hearing letter in early March 2025.

In relation to this Cabinet was informed that the letter stated that the Council had failed to adequately discharge the Duty to Cooperate, and that this was not something that can be rectified during the examination.

Cabinet was therefore recommended to withdraw the draft BCP Local Plan from examination.

Cabinet was informed that the associated Community Infrastructure Levy (CIL) Charging Schedule that was submitted for its own examination at the same time is also recommended to be withdrawn due its strong ties with the draft Local Plan.

Cabinet was advised that if Cabinet and Council agree the withdrawal of the Local Plan and CIL Charging Schedule, a new Local Plan will need to be prepared, and that a timetable (Local Development Scheme - LDS) for this new Plan is recommended in Appendix 1.

Cabinet was further advised that to facilitate community involvement and good plan making and development management processes, an updated Statement of Community Involvement (SCI) is also recommended for Cabinet to agree at Appendix 2.

In presenting the report the Leader emphasised the need to demonstrate a 5 year housing supply and of the mandatory housing numbers.

Councillor Patrick Canavan addressed the Cabinet highlighting that the report is due to be scrutinised by the Environment and Place Overview & Scrutiny Committee meeting at their meeting the next day and questioned whether this was the appropriate Scrutiny Committee. In addition Councillor Canavan stressed the importance of meeting the mandatory housing targets in order to retain control.

The Chair of the Overview and Scrutiny Board, Councillor Kate Salmon advised that whilst the item wasn’t on the agenda for the previous evenings meeting of the Board that the item had been raised at the end of the meeting and the question raised as to whether the Environment and Place Overview & Scrutiny Committee (E&P O&S Committee) was the appropriate Committee. In relation to this the Chair of the Board advised that whilst it falls under the remit of the E&P O&S Committee that the Chairs of the Overview and Scrutiny Committees would be meeting to discuss how all the Overview and Scrutiny Committees could be involved in the scrutiny of this going forwards.

Cabinet members spoke raising concern with regards to the challenging mandatory housing targets and of the importance of ensuring the appropriate infrastructure is in place and that the housing which is built is that which is required.