To receive a verbal update.
Minutes:
The Executive Director, Development and Environment gave a Powerpoint presentation on the 5 year land supply which included the following:
· What is a 5 year land supply?
· Background
· Judicial Review and Outcome.
· Lack of 5 year land supply – what could this mean in practice for determining applications? How are applications going to be considered now?
· How long will this change last?
· How do we respond?
In conclusion the Executive Director, Development and Environment recommended to the Task Group that the Council had to boost supply, this was not optional and that the Council was not in a position to undertake consultation.
The Executive Director, Development and Environment outlined the strategy regarding the Local Plan allocations and inviting submissions of planning applications prior to the Local Plan being adopted.
The Executive Director, Development and Environment informed the Task Group that this enabled the Borough Council to take a degree of control in encouraging developers to come forward. The Borough Council could write to landowners of allocations and whose land was not identified as the preferred option and draw attention to the change and advise that they could seek advice and consider submitting a planning application to the Planning Committee for determination.
The Legal Services Manager advised that now the Task Group was discussing specific site allocations, Members should consider declaring the appropriate interests.
The Chairman, Councillor Mrs Spikings declared a prejudicial interest and left the meeting.
The Vice-Chairman, Councillor Peake declared a prejudicial interest and left the meeting.
Councillor Mrs Watson was elected Chairman for consideration of this item.
The proposed recommendations from the Task Group to Cabinet were outlined.
In response to questions from Councillor Crofts regarding applications being submitted and the timescales for representations to be made, the Executive Director, Planning and Environment explained that the planning process had a statutory consultation period and the Planning Committee would assess representations made. The test to be applied regarding the 5 year land supply was whether the proposed development was sustainable in the locality, in line with the NPPF.
Following questions from the Chairman, Councillor Mrs Watson queries whether second homes along the North Norfolk Coast were being categorised as sustainable development, the Executive Director, Planning and Environment advised that the Borough Council had no control over second homes.
In response to comments from Councillor Moriarty on allocation to areas being based on sustainability, the Executive Director, Development and Environment explained that if, for example, 30 houses were allocated in the Local Plan and an application was received for 50 houses it could not be argued that 50 homes was considered unsustainable development if in an acceptable/sustainable location.
The Task Group was advised that following the outcome of the Judicial Review, to date no written judgement had been received from the Court. However, the legal Services Manager advised that although the written judgement had not been received this would not stop sites coming forward.
The Task Group considered and discussed each of the proposed recommendations to Cabinet.
The Executive Director, Development and Planning informed Members that the Council had an option to contact non-preferred option landowners to explain the current situation and advise them to take legal advice in that planning applications could be submitted for determination by the Planning Committee prior to the Local Plan being adopted.
Councillor Moriarty commented that potential development could change an entire village and expressed concern regarding contacting the non-preferred choice landowners.
The Legal Services Manager advised the Task Group she would have concern if there were three sites suitable for development and only 1 had been chosen as the preferred option without considering the other 2.
Councillor Crofts proposed a new recommendation (5) as set out below which was seconded by Councillor Mrs Watson.
The Task Group voted on the recommendations (1) to (5) set out below which were carried.
Councillor Moriarty abstained from recommendation (2) and (5).
RESOLVED: If the Borough Council did not seek to appeal:
The Task Group noted the following actions:
(1) Note the implications to the judgement, and the lack of a 5 year land supply of housing land.
(2) Agree that the Council need to contact land owners for the Local Plan allocations to explain the position.
(3) Agree that the Council write to Parish and Town Councils to explain the situation.
(4) Note that paragraph 14/15 of the NPPF provided working for the ‘presumption in favour of sustainable development’ as does policy DM1 in SADMP.
(5) Agree that the Council write to non-preferred option landowners to explain the situation advise them to take legal advice on submitting a planning application for determination by the Planning Committee prior to the Local Plan being adopted.