Agenda item

** Due to the size of the documents, the six appendices for this report are being published and printed as a separate document **

Report of Head of Strategic Planning and the Economy

Purpose of report

The main purpose of this report is to allow Members to consider the content of the Inspector’s Report on the Examination into the Submission Cherwell Local Plan, to decide whether to approve Main Modifications to the Local Plan as recommended by the Inspector together with additional modifications to enable the Plan to proceed to adoption, and to consider whether to adopt the Plan, as modified.

Recommendations

The meeting is recommended:

 1.1        To note the conclusions of the Inspector’s report (Appendix 1) and accept his recommendations regarding the Main Modifications that are required to make the Plan sound.

1.2         To approve the incorporation of additional modifications as set out in Appendix 2, including consequential changes to the Policies Maps arising from the Inspector’s recommendations.

1.3         To adopt as a development plan document the Local Plan (Appendix 3) incorporating all of the Main Modifications recommended by the Inspector together with the additional modifications as set out in Appendix 2, in accordance with Regulation 26 of the Town and Country Planning (Local Planning) Regulations 2012.

1.4         To delegate to the Head of Strategic Planning and the Economy prior to the publication of the Local Plan the correction of any further minor spelling, grammatical or typographical errors together with any improvements from a presentational perspective.

1.5         To delegate to the Head of Strategic Planning and the Economy the publication of an updated Adopted Policies Map to illustrate graphically the application of policies contained in the adopted development plan, comprising any site specific saved policies of the Cherwell Local Plan 1996 not replaced by the adoption of the Cherwell Local Plan 2011-2031, and site specific saved policies of the adopted Oxfordshire Minerals and Waste Local Plan 1996, in addition to relevant policies contained in Cherwell Local Plan Part 1.

1.6         To acknowledge that in adopting the Local Plan, it will revoke those saved policies indicated as being replaced in Appendix 7 of the Plan (Appendix 3) with immediate effect.

Resolved

(1)          That the conclusions of the Inspector’s report (annex to the Minutes as set out in the Minute Book) be noted and that his recommendations regarding the Main Modifications that are required to make the Plan sound be accepted.

(2)          That the incorporation of additional modifications (annex to the Minutes as set out in the Minute Book) including consequential changes to the Policies Maps arising from the Inspector’s recommendations, be accepted.

(3)          That the Local Plan (annex to the Minutes as set out in the Minute Book) incorporating all of the Main Modifications recommended by the Inspector together with the additional modifications (annexes to the Minutes as set out in the Minute Book), in accordance with Regulation 26 of the Town and Country Planning (Local Planning) Regulations 2012, be adopted as a development plan document.

(4)          That authority be delegated to the Head of Strategic Planning and the Economy to correct any further minor spelling, grammatical or typographical errors and make any improvements from a presentational perspective prior to the publication of the Local Plan.

(5)          That authority be delegated to the Head of Strategic Planning and the Economy to publish an updated Adopted Policies Map to illustrate graphically the application of policies contained in the adopted development plan, comprising any site specific saved policies of the Cherwell Local Plan 1996 not replaced by the adoption of the Cherwell Local Plan 2011-2031, and site specific saved policies of the adopted Oxfordshire Minerals and Waste Local Plan 1996, in addition to relevant policies contained in Cherwell Local Plan Part 1.

(6)          That it be acknowledged that in adopting the Local Plan, it will revoke those saved policies indicated as being replaced in Appendix 7 of the Plan (annex to the Minutes as set out in the Minute Book) with immediate effect.

(7)          That the designation of the Conservation Target Area at Gavray Drive (Policy Bicester 13) as a designated Local Green Space through the forthcoming stages of the Cherwell Local Plan Part 2 be positively pursued.

The Head of Strategic Planning and the Economy submitted a report to allow Members to consider the content of the Inspector’s Report on the Examination into the Submission Cherwell Local Plan, to decide whether to approve Main Modifications to the Local Plan as recommended by the Inspector together with additional modifications to enable the Plan to proceed to adoption, and to consider whether to adopt the Plan, as modified.

Mr John Broad, speaking on behalf of the Campaign to Save Gavray Meadow, addressed Council.

In introducing the report, the Lead Member for Planning, Councillor Gibbard, explained that the Inspector’s report on the examination into the Cherwell Local Plan Part 1 was a positive report for the Council and was to be welcomed. The Inspector has endorsed most of the Council’s proposed modifications to the Plan either without change or with minor amendments.  The main issues where the Inspector did not agree with the Council’s proposals were the identification of green buffers at Banbury and Bicester, and the amount of land allocated for employment use at strategic allocation site Banbury 15, Land north east of the M40. However, the issues where the Inspector did not agree with the Council proposals were not considered to be of such overriding concern as to halt the Council from proceeding to adoption.

With regards to Gavray Drive, whilst the Inspector had not considered the request for part of land north of Gavray Drive (Policy Bicester 13) to be designated as a Local Green Space (as resolved by Council on 20 October 2014), it was proposed that the designation of the Conservation Target Area at Gavray Drive (Policy Bicester 13) as a designated Local Green Space through the forthcoming stages of the Cherwell Local Plan Part 2 be positively pursued.

Council was advised that there was one further proposed modification, at the beginning of Policy Banbury 1: Banbury Canalside of the Plan for adoption, the following  ‘Development Description’, which was omitted in error, would be inserted:

“Provision of new homes, retail, office and leisure uses, public open space, pedestrian and cycle routes including new footbridges over the railway line, river and canal, and multi-storey car parks to serve Banbury railway station. Re-development would bring about significant environmental benefits in terms of improving the appearance of the built environment, the town centre, and the quality of the river and canal corridor. The wider community will have access to new services and facilities and Banbury’s economy will benefit with the increase in the number of visitors to the town.”

‘Primary school’ was deleted from the development description as set out in the Submission Local Plan January 2014 (endorsed on 21 October 2013) as a consequence of Inspector main modification 95 which requires contributions to primary and secondary education.

The Lead Member for Planning explained that if adopted, the Local Plan would come into force immediately. There was a provision for a legal challenge to be made within six weeks which ends on Wednesday 2 September 2015.

In the course of the debate, Members acknowledged the importance of an adopted Local Plan, indicated their support, commended Councillor Gibbard and officers for their hard work in bring the Local Plan to this stage, and raised some queries to which the Lead Member for Planning duly responded.

Resolved

(1)          That the conclusions of the Inspector’s report (annex to the Minutes as set out in the Minute Book) be noted and that his recommendations regarding the Main Modifications that are required to make the Plan sound be accepted.

(2)          That the incorporation of additional modifications (annex to the Minutes as set out in the Minute Book) including consequential changes to the Policies Maps arising from the Inspector’s recommendations, be accepted.

(3)          That the Local Plan (annex to the Minutes as set out in the Minute Book) incorporating all of the Main Modifications recommended by the Inspector together with the additional modifications (annexes to the Minutes as set out in the Minute Book), in accordance with Regulation 26 of the Town and Country Planning (Local Planning) Regulations 2012, be adopted as a development plan document.

(4)          That authority be delegated to the Head of Strategic Planning and the Economy to correct any further minor spelling, grammatical or typographical errors and make any improvements from a presentational perspective prior to the publication of the Local Plan.

(5)          That authority be delegated to the Head of Strategic Planning and the Economy to publish an updated Adopted Policies Map to illustrate graphically the application of policies contained in the adopted development plan, comprising any site specific saved policies of the Cherwell Local Plan 1996 not replaced by the adoption of the Cherwell Local Plan 2011-2031, and site specific saved policies of the adopted Oxfordshire Minerals and Waste Local Plan 1996, in addition to relevant policies contained in Cherwell Local Plan Part 1.

(6)          That it be acknowledged that in adopting the Local Plan, it will revoke those saved policies indicated as being replaced in Appendix 7 of the Plan (annex to the Minutes as set out in the Minute Book) with immediate effect.

(7)          That the designation of the Conservation Target Area at Gavray Drive (Policy Bicester 13) as a designated Local Green Space through the forthcoming stages of the Cherwell Local Plan Part 2 be positively pursued.

(Councillors Macnamara, Mallon, Morris and Turner left the meeting for the duration of this item)