Council to meet this week to reconsider whether to withdraw Local Plan after threat of section 5 report saw decision suspended

Basildon Council will meet this week to consider whether to reconfirm its previous resolution to withdraw the Emerging Basildon Borough Local Plan.

At the meeting councillors will be asked to consider additional information on the implications of such a decision, as set out in a report by the chairman of its Strategic Infrastructure and Planning Committee.

Earlier this month (10 February), at a meeting held to consider proposed post-submission modifications to the Local Plan, the council instead passed a resolution which read:

“The Council resolves to withdraw the Emerging Basildon Borough Council local plan (2014-2034), which is unadopted.

“The reason for the withdrawal is based upon, in part, to the current Conservative Administration views and beliefs in placing a greater emphasis on protecting the Greenbelt for current and future generations than the previous administration.

“The withdrawal will in addition give the Full Council an opportunity to make a new plan, one which will seek to address other concerns, which includes, but not exclusively, the town centre regeneration and the high rise developments.”

The council did not agree a recommendation to approve the proposed modifications for public consultation.

Basildon’s Director of Corporate Strategy & Governance and Monitoring Officer, Paul Burkinshaw, subsequently wrote to all councillors warning that he would be required to issue a report under section 5 of the Local Government and Housing Act 1989. The council subsequently suspended its decision to withdraw the Local Plan.

The meeting on 3 March will consider the following recommendation:

That Council:

1) if having given detailed consideration to the issues set out in this report are not minded to rescind the decision taken at Council on 10 February 2022, (namely not to approve the post-submission modifications for consultation and agree to proceed to undertake public consultation on the proposed modifications forthwith), confirms the principle of the motion passed at Council on 10 February 2022 and resolves to withdraw the submitted plan in accordance with s.22 of the Planning and Compulsory Purchase Act 2004 and instructs officers to take all necessary steps to implement withdrawal of the local plan including giving the requisite notice under the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended);

2) approves the draft statement of withdrawal as set out in Enclosure No. 4; and

3) delegates authority to the Strategic Planning and Infrastructure Committee to consider the options and associated issues with the preparation of a new local plan and bring a report to a future meeting of the Council.

The report says members “should carefully consider the duty upon them at s.39 of the Planning and Compulsory Purchase Act 2004 when resolving whether to confirm its resolution made on the 10 February 2022.

“The duty requires the Council to exercise its functions under Part II of the 2004 Act (which includes the function of withdrawing a Plan) with the objective of contributing to the achievement of sustainable development and, in so doing, have regard to national policy. This includes the requirements of the NPPF as a whole and specific attention is drawn to para.11 (a) and (b) and para.35.

“Moreover, Members should bear in mind that the deadline set by the government to have in place an up-to-date Local Plan by December 2023 remains in place.”

The report also describes the overall impacts of the withdrawal of the local plan as “significant”, adding that they extend in finance and service effectiveness. It said the following would be clearly impacted if the local plan were to be withdrawn:

a) the Local Development Scheme.

b) the likely time period involved in getting to the position of adopting a sound plan.

c) addressing housing need and meeting the requirement to provide a 5-years supply of housing.

d) the implications of the lack of a five year land supply on the green belt and the town centre.

e) the future financial implications.

f) the adoption of policies to mitigate the effects of climate change and economic growth.

g) the impact on future planning services provision and resourcing and development management implications.

h) the potential negative impact on Infrastructure

i) the likelihood and possible consequences of Government intervention.

j) the adoption of policies to meet the needs of people with a protected characteristic.

The report says the alternative options to the recommendations set out above are:

1. The council could rescind its decision made on 10 February 2022 and approve consultation on the proposed modifications to the submitted local plan rather than opting to withdraw the plan. "At its meetings on 25 November 2021, 20 December 2021 and 11 January 2022, the Strategic Planning and Infrastructure (SPI) Committee received reports considering the new and updated evidence base which have informed the proposed post-submission modifications to the Local Plan. The Council report dated 27 January 2022 summarises these matters, and recommended approval of the enclosures therein, in order to progress the Post Submission Modifications Consultation as requested by the Inspector."
2. The council could decide to allow the Inspector to proceed to write a report on the draft Plan as submitted, explaining the circumstances and that the draft Plan cannot be found sound because it has not been possible to examine it. "The inherent risks of this are that the Evidence base that sits behind the current plan would be part of this and the Council would have to start the evidence building again and add further delay to the positive plan making that the decision to withdraw would give the Council."

The report concludes by noting that the council has the legal power to withdraw the Local Plan, at any point prior to adoption. “It must however do so having carefully considered the economic, social and environmental implications of withdrawal as set out in this report and, particularly, consider the duties at s.39 Planning and Compulsory Purchase Act 2004 and s.149 Equality Act 2010 before deciding to withdraw the Plan.

“If the Council resolves to confirm its decision to withdraw the Local Plan, having considered those matters, the recommendations are designed to ensure the Council complies with the procedural requirements. Moreover, to meet the expectation of national policy to have an up-to-date Plan and reduce the operational risks set-out in this report by not having a Local Plan, Members are advised of the need to authorise work to commence promptly on a new Plan.”

Information about the meeting – including the report – can be viewed here.