9
TITLE OF REPORT: REGIONAL AND STRATEGIC PLANNING ISSUES
REPORT OF THE CORPORATE STRATEGIC PLANNING & ENTERPRISE MANAGER
PORTFOLIO HOLDER: COUNCILLOR TOM BRINDLEY
1. SUMMARY
1.1 To inform Members of the current positions regarding:
· National / Regional Issues, including Review of the East of England Plan;
· The Stevenage growth agenda, including the WA1M planning applications and SNAP;
· The growth agenda for the Luton conurbation, including the proposed Luton & Dunstable Northern Bypasses;
· North Hertfordshire Core Strategy & Development Policies DPDs; and
· The strategic transport agenda, including airport and rail development.
2. FORWARD PLAN
2.1 This report to Cabinet is included within the Forward Plan.
3. BACKGROUND
3.1 Members will be aware of, and familiar with, many of the issues surrounding the significant strategic planning issues referred to in paragraph 1.1 above. This report is primarily intended to provide Members with the current positions on these matters.
4. ISSUES
4.1 Stevenage Growth Agenda
4.2 The Secretary of State for Communities and Local Government, by letter dated 22 Dec 2009, has now granted planning permission for the two long-outstanding planning applications relating to the erection of 3,600 dwellings and associated development on land west of the A1(M) at Stevenage. The necessary legal documentation (a s106A Agreement removing of the unfit-for-purpose 2004/5 legal documentation and a revised, reformulated set of unilateral obligations) was submitted on behalf of the West Stevenage Consortium on 18 Dec 2009. This allowed the Secretary of State to proceed to decision.
4.3 Officers are carefully examining the content of the decision letter and have sought Counsel’s advice on whether it contains any errors in law, giving grounds for a legal challenge. A conference with Counsel has been arranged for 19th January – after the deadline for this report. Accordingly, a further report, containing Counsel’s advice will be prepared for circulation prior to the meeting, for consideration in Part 2.
4.4 Luton Conurbation Growth Agenda
4.5 At the last meeting of Cabinet, I reported that Luton BC on 3 Nov 2009 resolved that it “strongly opposes the currently proposed housing development East of Luton” for reasons relating to traffic congestion on existing roads in Luton and to the “exceptionally attractive landscape” of the land east of Luton.
4.6 Since then, 3 consecutive meetings of the Luton and Central Bedfordshire Joint Committee, in Nov / Dec 2009 and then later this month, together with the associated Member Steering Groups, have all been cancelled. At an officer liaison meeting on 13 January, it was clear that there exists a total impasse between the two Councils, Luton and Central Beds, with no obvious resolution emerging at the present time. Meetings have been arranged between the Leaders and Chief Executives of both councils, and individually between the two councils and GO-East. It was stated that this is likely to mean a year’s delay in progressing the Core Strategy.
4.7 In the meantime, planning applications are being submitted by the development industry. We know of course about the Bloor Homes planning application for 1,000 new homes east of Luton, near to Mangrove Green and Cockernhoe. Central Beds Council have received an application for some 650 dwellings north-west of Dunstable on a site rejected for inclusion in the Core Strategy, and we are aware of a further application at East Leighton Buzzard for 4,400 dwellings which remains undetermined. There are others in the pipeline.
4.8 From the NHDC perspective, there is nothing that needs to be done at the present time. We must await the resolution of the current impasse one way or another, and then respond appropriately to whatever emerges in the next version of the Core Strategy.
5. LEGAL IMPLICATIONS
5.1 The Terms of Reference for Cabinet confirm that they should exercise the Council’s functions as Local Planning Authority except where functions are reserved by law to full Council or delegated to the Strategic Director of Planning, Housing and Enterprise.
5.2 The Local Authorities (Functions and Responsibilities) Regulations 2004 reserve to full Council the adoption of final DPD’s. However, decisions prior to the final adoption can be made by Cabinet.
6. FINANCIAL AND RISK IMPLICATIONS
6.1 An unsuccessful challenge to the WA1M planning application decision could result in the Council having to bear substantial costs – both our own and those of the Secretary of State in defending the challenge. However, if we lodge a challenge and are successful, we could expect to have our costs paid.
7. HUMAN RESOURCE AND EQUALITIES IMPLICATIONS
7.1 There are no new HR or equalities implications arising from the contents of this report.
7.2 The Council recognises the changing nature of equality legislation and incorporates national legislation and regulations into its scheme and services as appropriate, as set out in the Council's Corporate Equality Strategy. The Race Relations (Amendment) Act 2000 extends the provisions of the Race Relations Act 1976 to cover all the activities of all public authorities. It makes important extensions to public authority duties. Equivalent statutory duties have been created for disability by the Disability Discrimination Act 2005 and for gender by the Equality Act 2006. These duties divide into a general duty and specific duties.
8. CONSULTATION WITH EXTERNAL ORGANISATIONS AND WARD MEMBERS
8.1 Councillor Brindley has been kept fully informed on the matters set out above.
9. RECOMMENDATIONS
9.1 That the issues covered in this report be noted, and a decision is taken on whether or not to lodge a legal challenge against the West of the A1(M) planning decision be taken following the consideration of the report on this matter in Part 2 of this agenda.
10. REASONS FOR RECOMMENDATIONS
10.1 To ensure that Cabinet is aware of current developments.
11. ALTERNATIVE OPTIONS CONSIDERED
11.1 There have been no alternative options considered.
12. APPENDICES
12.1 None.
13. CONTACT OFFICERS
13.1 David Scholes
Strategic Director of Planning, Housing and Enterprise
Telephone : 01462 474836
Email :
13.2 John Ironside
Regional and Strategic Developments Manager
Telephone : 01462 474626
Email :
13.3 Andy Beavan
Local Development Framework Manager
Telephone : 01462 474317
Email :
13.4 Katie White
Acting Corporate Legal Manager
Telephone : 01462 474460
Email :
13.5 Jodie Penfold
Group Accountant
Telephone : 01462 474332
Email :
13.6 Kerry Shorrocks
Head of Human Resources
Telephone : 01462 474224
Email :
14. BACKGROUND PAPERS
None other than published documents.
CABINET (26.1.10)