Agenda item

Public consultation on the Draft Local Plan (2022-2040) was undertaken between 1 February 2023 and 19 March 2023. Following the closure of the public consultation an extraordinary Council meeting was held on the 22 March 2023 where the decision was made to pause the Local Plan to enable specified tasks to be undertaken.

This report provides an update on the work undertaken following the decision on the 22 March by Council and makes recommendations on the work that can progress prior to a decision being made at a future committee on a revised timetable for producing the Local Plan.  

Public consultation on the Draft Local Plan (2022-2040) was undertaken between 1 February 2023 and 19 March 2023. Following the closure of the public consultation an extraordinary Council meeting was held on the 22 March 2023 where the decision was made to pause the Local Plan to enable specified tasks to be undertaken.

The Committee received a report providing an update on the work undertaken following the decision on the 22 March by Council and made recommendations on the work that can progress prior to a decision being made at a future committee on a revised timetable for producing the Local Plan. 

The following matters were considered:

a)            Member Briefings. The Chair confirmed that several briefings on the Local Plan will be scheduled for members to attend, enabling returning and new Councillors to be brought up to speed on the Local Plan.

b)           Greenfield sites. A Member of the Committee expressed support for the direction of the Local Plan, particularly with the efforts to look at more Brownfield sites rather than Greenfield sites in order to meet housing targets but protect Greenfield land.

c)            Consultation Comments. A Member of the Committee asked for a confirmation date on the publishing of the Consultation Comments. The Chair confirmed that they would be published by the 30^th of June 2023. A Member of the Committee asked if Consultation Comments that have been submitted using a template response will still be considered and published. The Planning Policy Manager confirmed that any comments submitted by an independent individual or organisation during the consultation period, and through one of the designated channels, will all be processed, recorded and published.

d)           2018 Data - Epsom and Ewell Future Housing Numbers. A Member of the Committee asked what the achieved outcome is now that the 2018 data has been analysed. The Chair informed the Committee that they are driven by policy and requirements to use the 2014 data. The Planning Policy Manager informed the Committee that it is the Government who set and decide the standard method and all local authorities throughout England are also bound to use the 2014 data. In the report, the 2018 data has been set out to show what would happen if more up to date data could be used and the Government did not change any other methodology.

e)            Housing Targets. A Member of the Committee asked if the housing targets will be able to be achieved using 2014 data. The Chair responded to inform the Committee that non-greenbelt sites are still being looked for, the call for sites was still open and further workstreams are progressing, however, it is looking unlikely at present that housing targets will be achieved. A Member responded to ask, if there is an understanding and acceptance about not reaching housing targets, can a commitment be made by the Council not to build on any greenfield sites. The Chair confirmed that the Council cannot commit to not building on greenfield sites at present but that there would be further opportunities for a wider discussion at Member Briefings concerning spatial strategy. The Planning Policy Manager informed the Committee that creating a Local Plan is about finding balance and that the draft Local Plan included both greenfield and brownfield sites which were all put out to public consultation.

f)             Biodiversity Net Gain (BNG). A Member of the Committee raised the potential impact of mandatory BNG on development. The Planning Policy Manager explained that the source of BNG was the 2022 Environment Act, which requires mandatory biodiversity net gain from new developments. He further explains that this comes into force for major developments in November 2023 and minor developments in April 2024. DEFRA produced a set assessment to determine BNG. The site must be assessed before development to determine the baseline biodiversity value. After development, you have to show there is at least a 10% net gain of biodiversity. The Council are still awaiting secondary legislation from government to give more detail as to what exactly contributes towards a biodiversity net gain.  In terms of mitigation, ideally this net gain can be delivered on site, however, it can also be delivered offsite,and both are being considered within the borough.

g)           Kiln Lane and Longmeade sites. A Member of the Committee asks what percentage of land over the Kiln Lane and Longmeade sites is owned by the Councils.The Planning Policy Manager agrees to find out and provide that statistic to the Committee. A Member of the Committee asks what barriers are being experienced over development on the Kiln Lane and Longmeade sites. The Chair explains that the primary barrier is around land becoming available and being put forward in the call for sites to be considered in the Local Plan, if it is not brought forward then it cannot be considered. The Planning Policy Manager confirmed that, as set out in pages 34 and 35 of the report, the key constraint at the moment is land availability within the Kiln Lane and Longmeade area, therefore, in order to comprehensively consider them, there must be a level of certainty that the land will become available. As set out in paragraph 2.4, subject to land coming available on those sites, there will be an opportunity to look at mixed use proposals providing there is no loss of employment. The Planning Policy Manager informs the Committee that the Council and other landowners have been written to about their landownership and we will await any submissions through the call for sites process. The Chair informs the Committee that the call for sites closed on the 31^st of July.

h)           Updating the Local Plan. The Planning Policy Manager informs the Committee that Epsom and Ewell Borough Council’s current local plan exists of three documents, all of which are currently more than 5 years out of date. The risks of not having an up-to-date Local Plan in place, are predominantly a lack of 5-year housing land supplyand making it more difficult when it comes to defending planning applications and appeals. Therefore, having an up-to-date Local Plan in place, givesthe Council and its residents up-to-date policies to determine planning applications against.

i)             Unpausing the Local Plan. A Member of the Committee expressed concern about the lack of concrete date for unpausing the Local Plan and the risks of waiting until future Licensing and Planning Policy Committee Meetings and suggested that a motion is brought to Full Council to unpause the Local Plan. The Chair informed the Committee that a Special Meeting of the Licensing and Planning Policy Committee could unpause the Local Plan without the need to go to Full Council.

Following consideration, the Committee unanimously resolved to:

(1)      Agree to the progression of specific workstreams prior to a revised Local Development Scheme (Local Plan timetable) being considered at a future committee meeting and note the work that has been undertaken since and in line with the decision by full Council to pause the Local Plan.

(2)      To note that Officers have written to the Council in its capacity as landowner to check the availability of additional sites for promotion through the call for sites process.

(3)      Agree to request additional information regarding the deliverability of the Council owned Town Centre sites in preparation of Regulation 19 Local Plan.

(4)      Agree to pause with progressing the Local Heritage List in parallel to the Local Plan whilst Officers prioritise workloads and consider any implications.