Agenda item

** Due to the size of the documents, to assist access, the appendices are published as a series of supplements to the main agenda pack **

Report of Assistant Director Planning and Development

Purpose of report

To present the Cherwell Local Plan Review 2042 (draft) and to seek approval for its submission to the Secretary of State for Housing, Communities and Local Government for independent examination.

Recommendations

The Executive resolves:

1.1           To recommend to the Council:

a)    the proposed submission Regulation 19 draft of the Cherwell Local Plan Review 2042 (December 2024) (Appendix 1) and;

b)    approve the submission of the draft (the “Proposed Submission Local Plan”) to the Secretary of State for Housing, Communities and Local Government for independent examination with all necessary prescribed and supporting documents.

1.2           To note:-

a)    the responses to the consultation on the Proposed Submission Local Plan draft of the Cherwell Local Plan Review 2042 summarised in the Statement of Consultation at Appendix 6;

b)    the supporting documents relevant to the preparation of the Cherwell Local Plan Review 2042 presented at Appendices 3 to 9 and available online at https://www.cherwell.gov.uk/local-plan-review-2042-submission .

1.3           To approve:-

a)    the Schedule of Proposed Changes and Minor Modifications to the Proposed Submission Local Plan draft of the Cherwell Local Plan Review presented at Appendix 2;

b)    the Local Development Scheme (July 2025), presented at Appendix 10.

c)     the use of £300,000 from the Council’s reserve for the costs of the examination

1.4           To delegate authority to the Assistant Director - Planning and Development in consultation with the Portfolio Holder for Planning and Development Management and Corporate Director - Communities:-

a)    to make any necessary presentational changes to the Submission draft of the Cherwell Local Plan Review 2042 and to necessary prescribed and supporting documents before submission to full Council;

b)    to propose changes and corrections to the Cherwell Local Plan Review 2042 and supporting documents, including policy updates, editorial changes, and correction of typographical and grammatical errors during the examination.

c)     to invite the examining inspector(s), post submission, to recommend any modifications they consider to be necessary in accordance with section 20(7C) of the Planning and Compulsory Purchase Act 2004.

Resolved

(1)            That the proposed submission Regulation 19 draft of the Cherwell Local Plan Review 2042 (December 2024) (Appendix 1) be recommended to Council.

(2)            That Council be recommended to approve the submission of the draft (the “Proposed Submission Local Plan”) to the Secretary of State for Housing, Communities and Local Government for independent examination with all necessary prescribed and supporting documents.

(3)            That the responses to the consultation on the Proposed Submission Local Plan draft of the Cherwell Local Plan Review 2042 summarised in the Statement of Consultation (Appendix 6) be noted.

(4)            That  the supporting documents relevant to the preparation of the Cherwell Local Plan Review 2042 (Appendices 3 to 9 and online at https://www.cherwell.gov.uk/local-plan-review-2042-submission ) be noted.

(5)            That the Schedule of Proposed Changes and Minor Modifications to the Proposed Submission Local Plan draft of the Cherwell Local Plan Review (Appendix 2) be approved.

(6)            That the Local Development Scheme (July 2025) (Appendix 10) be approved.

(7)            That the use of £300,000 from the Council’s reserve for the costs of the examination be approved.

(8)            That authority be delated to the Assistant Director Planning and Development in consultation with the Portfolio Holder for Planning and Development Management and Corporate Director Communities:-

a)    to make any necessary presentational changes to the Submission draft of the Cherwell Local Plan Review 2042 and to necessary prescribed and supporting documents before submission to full Council;

b)    to propose changes and corrections to the Cherwell Local Plan Review 2042 and supporting documents, including policy updates, editorial changes, and correction of typographical and grammatical errors during the examination.

c)     to invite the examining inspector(s), post submission, to recommend any modifications they consider to be necessary in accordance with section 20(7C) of the Planning and Compulsory Purchase Act 2004.

The Assistant Director Planning and Development submitted a report to present the Cherwell Local Plan Review 2042 for approval and subsequent presentation to Council as a draft 'Submission' Local Plan. Subject to approval by Council the Proposed Submission Local Plan would be submitted to the Secretary of State for Housing, Communities and Local Government for independent examination. This report also sought approval of an updated Local Development Scheme (LDS). An up-to-date LDS must support submission of the Plan.

In introducing the report, the Portfolio Holder for Planning and Development Management thanks officers for their hard work bringing the Cherwell Local Plan Review 2042

The adopted Local Plan was the main part of the statutory Development Plan, the starting point for considering development proposals.The review of the Cherwell Local Plan had commenced in 2020 with three public consultations were undertaken prior to the publication of the Proposed Submission Local Plan in December 2024. Following Executive approval in December 2024, consultation on the Proposed Submission Local Plan commenced on 19 December 2024 and closed on 25 February 2025.

The 345 consultation responses had been considered by officers in reviewing whether the Cherwell Local Plan Review 2042 (the ‘Plan’) was 'sound' and legally compliant, the tests of the independent examination of the Plan started when the Proposed Submission Local Plan was submitted.

The view of officers was that the Plan was sound but that a number of 'proposed changes' and 'minor modifications' should be suggested to the examining inspector(s) in the interests of its improvement, clarification and updating and to address minor presentational, grammatical and typographical issues.

In response to Executive Member comments, the Portfolio Holder for Planning and Development Management confirmed that the Plan was sound, and evidence based and worthy of submission for independent examination.

The Leader, having apologised for being unable to attend the meeting in person due to being at the LGA Conference in Liverpool, highlighted that the Cherwell Local Plan Review 2042 was one of the most important documents for the district and added thanks to officers for their hard work. The Leader also thanked the Portfolio Holder for Planning and Development Management, and other political Groups for their engagement in the process through the Member Advisory Group. Thanks was also extended to parishes, residents and parties who had engaged in the process.  

The Labour Group Leader commended officers and the Portfolio Holder for Planning and Development Management and confirmed the Labour Group supported the Proposed Submission Local Plan, the sooner it was adopted, the better for the Cherwell district.

Resolved

(1)          That the proposed submission Regulation 19 draft of the Cherwell Local Plan Review 2042 (December 2024) be recommended to Council.

(2)          That Council be recommended to approve the submission of the draft (the “Proposed Submission Local Plan”) to the Secretary of State for Housing, Communities and Local Government for independent examination with all necessary prescribed and supporting documents.

(3)          That the responses to the consultation on the Proposed Submission Local Plan draft of the Cherwell Local Plan Review 2042 summarised in the Statement of Consultation be noted.

(4)          That  the supporting documents relevant to the preparation of the Cherwell Local Plan Review 2042 be noted.

(5)          That the Schedule of Proposed Changes and Minor Modifications to the Proposed Submission Local Plan draft of the Cherwell Local Plan Review be approved.

(6)          That the Local Development Scheme (July 2025) be approved.

(7)          That the use of £300,000 from the Council’s reserve for the costs of the examination be approved.

(8)          That authority be delated to the Assistant Director Planning and Development in consultation with the Portfolio Holder for Planning and Development Management and Corporate Director Communities:-

a)    to make any necessary presentational changes to the Submission draft of the Cherwell Local Plan Review 2042 and to necessary prescribed and supporting documents before submission to full Council.

b)    to propose changes and corrections to the Cherwell Local Plan Review 2042 and supporting documents, including policy updates, editorial changes, and correction of typographical and grammatical errors during the examination.

c)    to invite the examining inspector(s), post submission, to recommend any modifications they consider to be necessary in accordance with section 20(7C) of the Planning and Compulsory Purchase Act 2004.

Reasons

The Cherwell Local Plan Review has been prepared in the interest of having up to date planning policies which respond positively and effectively in meeting development needs and the planning issues that the district and our local communities face. An up-to-date Local Plan is important for a plan-led approach to decision making and contributing to the achievement of sustainable development.  Preparation of the Proposed Submission Local Plan has been informed by three formal public consultations (Regulation 18), continuous engagement and cooperation and evidence gathering.

Consultation on the Proposed Submission Local Plan commenced on 19 December 2024 and closed on 25 February 2025. A total of 345 representations were received in response to the consultation. They have been considered by officers in reviewing whether the Proposed Submission Local Plan is ‘sound’ and legally compliant – the tests of the independent examination of the Plan that commences on the Proposed Submission Local Plan’s submission.

The view of officers is that the Proposed Submission Local Plan is sound but that a number of proposed changes and ‘minor modifications’ should be made to it in the interests of its improvement, clarification and updating, and to address minor presentational, grammatical and typographical issues.

An updated Local Development Scheme has also been prepared and this is presented for the Executive’s approval.

Alternative options

Option 1: Not to approve the Proposed Submission Local Plan for Submission

Not approving the Proposed Submission Local Plan would mean that the Proposed Submission Local Plan would potentially require significant amendments. These amendments and the need to consult on them prior to Submission would result in the Proposed Submission Plan failing to meet the transitional arrangements set out in NPPF paragraph 234(a). The Council would then be obliged to prepare a revised Local Plan in accordance with the December 2024 NPPF. In addition to creating considerable delay, the revised Local Plan would have to meet the full objectively assessed housing need based on the December 2024 Standard Method figure for Cherwell.

Option 2: To approve the Proposed Submission Local Plan and seek significant changes.

Approving the Proposed Submission Local Plan with significant changes would mean that we would need to reconsult on these changes as an addendum to the Regulation 19 Local Plan. This would result in the Proposed Submission Local Plan failing to meet the transitional arrangements set out in NPPF paragraph 234(a). The Council would then be obliged to prepare a revised Plan in accordance with the December 2024 NPPF. In addition to creating considerable delay, the revised Plan would have to meet the full objectively assessed housing need based on the December 2024 Standard Method figure for Cherwell.

Option 3: Seek further proposed changes in response to specific issues raised in consultation on the Proposed Submission Local Plan draft.

Officers are mindful that the Council must consider the Proposed Submission Local Plan to be submitted to be a ‘sound’ and legally compliant Plan. Officers have proposed changes that do not affect the soundness of the Plan. Officers advise that any additional proposed changes and the reasons for them are given consideration by officers before they are presented to Council.