In accordance with Notice duly given under Procedure Rule 4, Councillor A S Fluker to move the following Motion, duly seconded by Councillors M W Helm and K M H Lagan.
Preamble
Elected Members who represent the community are, aside from other functions and duties, responsible for the ‘place shaping’ of the district.
During 2014-2029 Local Development Plan process all members were involved in the progression and subsequent agreement of emerging policies. For example, Members considered whether or not to allocate one large site for growth or opt for several smaller ones, likewise the principals of Garden Suburbs. There were also long and protracted debates concerning ‘pepper potting’ and the sustainability credentials of rural villages.
Members were directly involved in decision making through a series of meetings of Council, and as a result residents and other interested parties could see for themselves the democratic process of ‘place shaping’ taking place.
The review of the Local Development plan has included a ‘call for sites’ of which some have been considered by Officers as being acceptable. This has resulted in residents and others believing that the future development of these sites is a fait accompli which has caused much consternation with residents and more notably with the Crouch Valley Defence Group who object to over one thousand new properties being built in Althorne.
It should be noted that members have not agreed these policies.
It is accepted that the emerging policies of site allocations have been discussed by Working Groups of the Council but previously these hugely important decisions including the associated overarching policies were debated and agreed by Council on an ongoing basis.
For clarity the terms of reference of the Working Group agreed by the Extraordinary Meeting of Council on 25th August deals only with the assessment of the Five-Year Housing Supply.
In summary it is considered that generally members have had little formal input into the decisions regarding the allocations of sites and that opportunities to consider other options and new policies have not been the subject of democratic input or scrutiny by members.
Motion to Council
That Council calls an extraordinary meeting to take place in not less than 10 working days to consider the emerging policies of the review of the 2014- 2029 Local Development Plan and specifically the allocation of sites including those in Althorne ward.
Minutes:
In accordance with Notice duly given under Procedure Rule 4, Councillor A S Fluker to move the following Motion, duly seconded by Councillors M W Helm and K M H Lagan.
Preamble
Elected Members who represent the community are, aside from other functions and duties, responsible for the ‘place shaping’ of the district.
During 2014-2029 Local Development Plan process all members were involved in the progression and subsequent agreement of emerging policies. For example, Members considered whether or not to allocate one large site for growth or opt for several smaller ones, likewise the principals of Garden Suburbs. There were also long and protracted debates concerning ‘pepper potting’ and the sustainability credentials of rural villages.
Members were directly involved in decision making through a series of meetings of Council, and as a result residents and other interested parties could see for themselves the democratic process of ‘place shaping’ taking place.
The review of the Local Development plan has included a ‘call for sites’ of which some have been considered by Officers as being acceptable. This has resulted in residents and others believing that the future development of these sites is a fait accompli which has caused much consternation with residents and more notably with the Crouch Valley Defence Group who object to over one thousand new properties being built in Althorne.
It should be noted that members have not agreed these policies. It is accepted that the emerging policies of site allocations have been discussed by Working Groups of the Council but previously these hugely important decisions including the associated overarching policies were debated and agreed by Council on an ongoing basis.
For clarity the terms of reference of the Working Group agreed by the Extraordinary Meeting of Council on 25th August deals only with the assessment of the Five-Year Housing Supply.
In summary it is considered that generally members have had little formal input into the decisions regarding the allocations of sites and that opportunities to consider other options and new policies have not been the subject of democratic input or scrutiny by members.
Motion to Council
That Council calls an extraordinary meeting to take place in not less than 10 working days to consider the emerging policies of the review of the 2014- 2029 Local Development Plan and specifically the allocation of sites including those in Althorne ward.
In presenting his motion, Councillor Fluker referred to the important role Members historically had in place shaping, and therefore an involvement in the development of emerging policies. He added that the Planning Policy Working Group reporting to the Council was not working well and all Members were not involved in the current process and therefore not being given the opportunity to do their jobs. The new sites had yet to be agreed, and he questioned the status of suitability in terms of the need to be sustainable given the assessment of sites issued to potential developers by the Policy Team. He added that the consideration of other options and new policies had not been subject to the democratic input from Members.
At this point Councillor Mrs P A Channer said that although she lived in Althorne and would not be affected any more than the majority of residents of Althorne, there was no particular interest she needed to declare. Councillor M G Bassenger added that although he was the Ward Member for and lived in Althorne, he had no particular interest to declare.
The Chairman then invited some Officer input and firstly called upon the Strategy, Policy and Communications Manager to advise and update the Council on the approach to the review of the Local Development Plan. He talked about the agreed process for the review which dictated the pace of preparation, and the decision of Council to set up a Working Group as an advisory group to the Strategy and Resources Committee consisting of seven Members of the Council which had met 11 times over ten months since its formation. The Group had also been open to all Members since March 2022. He outlined the next procedural steps including a report to the Committee to consider valid representations received on the recently published Issues and Options Paper, which did not include site specific proposals. He emphasised the need to establish evidence-led and sustainable local policies in line with national policy and the law, and which had been subject to a range of legal assessments and public consultation. The scoping of these assessments had still to commence and therefore this impeded the writing of any emerging policies or allocations. He concluded by emphasising that the Council must follow due process which was both lawful and procedurally sound. These were the principles by which an Inspector would consider the Local Plan Review.
The Senior Specialist (Legal) then gave some legal advice to the Council. She said that the motion presupposed that emerging policies existed which they did not. She emphasised the need for an orderly evidence-based process in the formation of strategic and local policies, and the allocation of sites. The motion raised the making of a special case for Althorne when there was no information or evidence to suggest that it should be treated differently to any other part of the District. To proceed as envisaged by the motion, would be premature and open the review process and subsequent Plan to legal challenge.
The Director of Strategy, Performance and Governance summarised what he said was unusually strong legal and planning policy advice here which confirmed that the Council was following the relevant guidance in progressing the review of its Local Plan. To step outside that process would not only mean that the Council was not following that guidance but would also put the Council in a precarious position in defending its position in any Judicial Review with the Council and its residents under greater risk of inappropriate development. He added that although the Council had agreed the governance process which enabled all Members to participate, he was happy to work with colleagues to arrange further seminars to provide greater engagement with and understanding of the process.
Lengthy debate ensued in relation to the agreed process and the implications of the motion in terms of emerging policies and allocation of sites. It was suggested that the potential suitability of sites was not understood publicly, and more detailed analysis was required in order that a proper assessment could be made. Reference was made to the considerable local disquiet in Althorne as to what was perceived to be a potential huge increase in development. It was suggested that indications given as to suitability of sites based on untested information had given rise to more local concerns at this stage of the process than in any previous review. The need for full and proper Member involvement in the review process, including input from local Ward Members, was emphasised.
In replying to the debate on his motion, Councillor Fluker said that a meeting of the Council was needed to understand the process more fully in relation to suitability and sustainability of all green field sites. He reiterated his concerns around the development of policy options by a small working group. With the agreement of his seconder, he proposed an amendment to his motion to delete the final words “including those in Althorne ward.”. Upon being put to the meeting this amendment was agreed by the Council.
In accordance with Procedure Rule 13(3) Councillor K M H Lagan requested a recorded vote on the amended motion and this would duly seconded. The voting was as follows:
For the recommendation:
Councillors M G Bassenger, Miss A M Beale, V J Bell, R P F Dewick, A S Fluker, M S Heard, A L Hull, K M H Lagan, N G F Shaughnessy, P L Spenceley, W Stamp.
Against the recommendation:
Councillors R G Boyce, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, B B Heubner, J V Keyes, S J N Morgan, C P Morley, S P Nunn, R H Siddall, E L Stephens, Mrs J C Stilts, C Swain and Mrs M E Thompson.
Abstentions:
None.
The Chairman declared that the motion was not agreed by the Council.