Issue - meetings

To receive and consider the reports, minutes and recommendations of the meetings as follows:

2)   Special Meeting of the Cabinet  - Local Plan Review

-     9 February 2018

3)    Scrutiny Committee

-            15 January 2018

-            26 January 2018

-            12 February 2018 – to follow

4)    Audit Committee

-      23 January 2018          

5)    Environment Policy Development Group

-            9 January 2018

6)    Homes Policy Development Group

-            16 January 2018

7)   Economy Policy Development Group

-             11 January 2018

8)    Community Policy Development Group

-            30 January 2018

9)    Planning Committee

-            3 January 2018

-            31 January 2018

The Leader presented the report of the meeting of the Committee held on 9 February 2018.

Arising thereon:

1.            LOCAL PLAN REVIEW UPDATE

The Leader MOVED, seconded by Councillor R J Chesterton:

THAT the recommendations of the Cabinet as set out in Minute 127 be ADOPTED.

The Head of Planning, Economy and Regeneration was invited to provide answers to questions posed in public question time.

With regard to the robustness of the process, LUC (Land Use Consultants) were asked for an independent assessment, this was undertaken, they did not look at the site assessments, they felt this unnecessary as the site assessments had already considered reasonable alternatives. It was the officers view that they had considered any reasonable alternatives.  Officers were not in the business of making recommendations that were flawed or biased.  Officers were of the view that the findings of the review did not steer the Council to a different conclusion from the previous decision made and the plan as submitted.

She had heard all the representations regarding the use of the alternative site at Mountain Oak however it was felt that the Policy SP2 allocation was appropriate.  There were several questions regarding transport issues, highway safety, access and pedestrian issues; the Highway Authority had not objected to the site.  Improvement would be required to the pedestrian access and a minor modification had been submitted to the Inspector for a further policy criterion proposed with regard to improved pedestrian connectivity. The officer’s view was that we should not change our position with regard to Policy SP2

With regard to the ministerial statement regarding the deadline for submissions:  there was still a Government imperative and advice for the speeding up of plan making. Officers had referenced the end of March 2017 for submission and had identified the risk of intervention to be low.

With regard to the questions received from the Inspector on the major modifications to the plan including site SP2, this was all part of the examination process, officers did not believe that the inspector was indicating lack of soundness.  There had been no request to date from the Inspector for a pre-examination hearing.  Within Planning Inspectorate advice on plan examinations it is stated that Inspectors will seek to identify any fundamental concerns early in the examination process. No such concerns have been raised. Planning Inspectors usually advised if flaws had been found and any issues would have been raised at an early stage; there had been no request for additional information. Policy SP2 meets the standards met by other policies within the plan; the Local Plan was read as a whole and there was a need to have regard to all the policies including Policy DM25.

With regard to the access issues, officers felt that the site was sustainable, particularly with the addition of a new criterion for access and pedestrian issues.

With regard to flood risk from the canal, the sustainability appraisal drew evidence from the strategic flood risk assessment; Officers felt that it  ...  view the full minutes text for item 116

To consider a report of the Head of Planning, Economy and Regeneration providing an update on the Local Plan Review, specifically information on the findings of the review of Mid Devon District Council’s Sustainability Appraisal Update 2017 (SA Update 2017).

The Cabinet had before it a report * from the Head of Planning, Economy and Regeneration providing an update on the Local Plan Review, specifically information on the findings of the review of Mid Devon District Council’s Sustainability Appraisal Update 2017 (SA Update 2017) carried out independently by a consultant.  This had been commissioned to advise whether the SA Update 2017 met the legal requirements and to consider matters of reasonable alternatives.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report, reminding Members of the context for why the report was before the meeting and why the resolutions sought were important to Mid Devon.

Mid Devon needed an adopted up to date Local Plan. There was a legal requirement for this, and a public expectation that the new local plan was adopted as soon as possible.

The new Local Plan would be used to guide the development of new homes, jobs, and the infrastructure that was needed to the right places across the district. It would help to protect valued countryside from speculative unplanned development. It would help the Council to achieve its corporate priorities.

He reminded Members that decisions taken by the Council on 22^nd September and 1^st December 2016 had given approval for the content of the Mid Devon Local Plan Review (incorporating proposed modifications) and for the submission of this plan to the Planning Inspectorate for examination.

He said that he accepted that not all Members had supported all aspects of the plan, but he wished to make clear that the decisions taken reflected the position of the Council as a whole. The Council had approved what it believed to be the best plan for Mid Devon.

The preparation of the new Local Plan had involved significant work by the Council, and had already been subject to extensive consultation with the Mid Devon community over the last 4 years. There had been ample opportunity throughout for comments to be made on this plan. There had been ample opportunity for Members to consider the plan as this had evolved, to have their say and shape its content. He asked Members to recognise the need to progress this through its examination without further delay.

The Cabinet Member further explained that the report in front of them was regarding process and procedure in relation to the Sustainability Appraisal. It was about additional work that had been undertaken by officers in relation to the Sustainability Appraisal. The Sustainability Appraisal was technical evidence that was required to support the Local Plan.

This had followed a Barrister’s legal advice to the Council, and a need for confirmation that the Sustainability Appraisal work that had helped shape proposed modifications to the Plan and decisions taken on these had complied with the Strategic Environmental Assessment (SEA regulations).

The Cabinet Member stated that Members would recall that the Local Plan was subject to proposed modifications approved by the Council, prior to its submission to the Planning Inspectorate. The Plan  ...  view the full minutes text for item 127