9165 - BM Outlook 2022 R6 - Flipbook - Page 18
Missing the target
In theory, all planning authorities need
to have a new Local Plan in place by
December 2023, but that looks like a
target many across the South East will
miss, creating a challenge for developers
and their professional advisors.
As aged plans go, Wealden District Council
probably has one of the oldest, basing
decisions on a Local Plan produced
in 1998 alongside a ‘Core Strategy’
adopted nearly 10 years ago.
The authority’s most recent attempt to
secure an up-to-date plan failed in 2019
when the hyper-restrictive growth strategy
designed to protect the Ashdown Forest
from further nitrogen degradation from car
emissions was rejected by the Inspector.
The planning system has at its heart
the simple premise that decisions on
development must be guided by the
policies of the Local Development
Plan as a starting point. These
policies are intended to provide a
framework to help councils make
intelligent, evidence-based decisions
on where homes, industry and other
infrastructure should be located.
It is a noble aim, but one that depends
on up-to-date information on a variety
of issues such as government housing
targets, employment needs and
environmental constraints if the plan is
to achieve its goal of sensible, sustainable
growth. The process of formulating a
Local Development Plan is lengthy and
fraught with obstacles. In many cases,
by the time it is put in place it is already
out of date and needs to be renewed.
As Kirsty Castle pointed out, many
authorities in the South East have fallen foul
of the Local Plan process, and for a variety
of reasons have failed to secure workable
plans that give developers – or their own
officers and members – the information
they need to make good decisions.
Creating uncertainty
Having an out-of-date Local Plan could be
seen as a chink in an authority’s armour to
be exploited by developers, but it makes
life uncertain and in many cases ends in
unnecessary appeals as local authorities
struggle to make decisions based on
policies that do not reflect current
development needs and pressures.
The process of reviewing and updating
Local Plans is a particularly lengthy one,
and despite a requirement for them to
be reviewed every five years, the reality
is that very few local authorities are able
to get through the process anywhere
near as quickly.
Kirsty Castle
Partner,
Tunbridge Wells
The Council wanted to restrict heavily the
amount of new development to avoid an
increase in traffic emissions. The position
was not supported by Natural England,
the governing body tasked with protecting
sensitive areas such as the Ashdown
Forest. “In short, the science was flawed
and there was no justification to restrict
development growth to such an extent,”
explained Kirsty. “The Council is now
making a third attempt at a new Local
Plan to replace the one that is almost
a quarter of a century old.”
Coming unstuck over
co-operation
Neighbouring local authorities are
expected to co-operate in providing
for their development needs, which is
something that caused an issue for
Sevenoaks District Council and Tonbridge
& Malling Borough Council when their
plans were submitted in quick succession.
Both plans were thrown out because
the Inspector said the two councils had
failed to co-operate, but while Tonbridge
& Malling accepted the decision and
started the lengthy process of drafting
a new document, Sevenoaks mounted a
legal challenge. The case ultimately failed,
with the Council spending a large sum of
money defending their position only to be
told to withdraw and start again.
Pressing on regardless
Tandridge District Council in Surrey is
pushing ahead with a Local Plan that has
come under fire from the Planning Inspector.
When it was put forward two years ago,
the Inspector stopped the hearings, raising
“fundamental concerns” about a proposed
new settlement in South Godstone. The
Council has undertaken a huge amount of
work already to try to resolve the concerns
but it seems that much more is still required.
The Council has said it will press on with
the original plan, but things have changed
since the examination opened two years
ago. “One does wonder how wise a
decision this is. There is a very real risk
of taking so long in examination that the
Local Plan is out of date as soon as it is
adopted” said Kirsty.
“These failed attempts to get a plan in
place are time-consuming and costly. Plans
can take many years of preparation and
consultation and it’s frustrating for everyone
when they fail,” Kirsty commented.
One knock-on effect of these increasingly
regular setbacks is that local authorities are
taking longer and deliberating more to avoid
making similar mistakes. The planning
team at Batcheller Monkhouse, meanwhile,
keeps a close eye on developments so
that it can provide the most up-to-date
advice on the opportunities for landowners
across the region.
Meeting development goals and protecting places like the Ashdown Forest is an age-old dilemma
The uncertainty and complexity in
the planning process makes it more
important than ever for landowners
to take professional advice before
attempting to win planning approval
for new homes or other development.
“The lack of an approved, up-to-date Local
Plan has left planners in many areas in
a difficult position as they try to base
decisions on plans that are in some cases
more than 20 years old,” she explained.
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