Agenda item

Report of Head of Strategic Planning and the Economy

Purpose of report

To seek re-adoption of Policy Bicester 13 of the Cherwell Local Plan 2011-2031 in accordance with a Court Order and an associated addendum to the Local Plan Inspector’s Report.

Recommendations

The meeting is recommended:

 1.1        To note the Court Judgment, Court Order and addendum to the Local Plan Inspector’s report presented at Appendices 2, 3 and 4 to this report.

1.2       To recommend to Council to adopt Policy Bicester 13 of the Cherwell Local Plan 2011-2031 (Appendix 5) in precise accordance with the addendum to the Local Plan Inspector’s Report dated 18 May 2016 and the Court Order dated 19 February 2016.

1.3       To note that, upon adoption by Council, Policy Bicester 13 will be inserted as modified into the published Cherwell Local Plan 2011-2031.

Resolved

(1)          That the Court Judgment, Court Order and addendum to the Local Plan Inspector’s report (annexes to the Minutes as set out in the Minute Book) be noted.

(2)          That Full Council be recommended to adopt Policy Bicester 13 of the Cherwell Local Plan 2011-2031 in precise accordance with the addendum to the Local Plan Inspector’s Report dated 18 May 2016 and the Court Order dated 19 February 2016.

(3)          That it be noted that upon adoption by Council Policy Bicester 13 will be inserted as modified into the published Cherwell Local Plan 2011-2031.

The Head of Strategic Planning and the Economy submitted a report to seek re-adoption of Policy Bicester 13 of the Cherwell Local Plan 2011-2031 in accordance with a Court Order and an associated addendum to the Local Plan Inspector’s Report.

Resolved

(1)          That the Court Judgment, Court Order and addendum to the Local Plan Inspector’s report (annexes to the Minutes as set out in the Minute Book) be noted.

(2)          That Full Council be recommended to adopt Policy Bicester 13 of the Cherwell Local Plan 2011-2031 (annex to the Minutes as set out in the Minute Book) in precise accordance with the addendum to the Local Plan Inspector’s Report dated 18 May 2016 and the Court Order dated 19 February 2016.

(3)          That it be noted that upon adoption by Council Policy Bicester 13 will be inserted as modified into the published Cherwell Local Plan 2011-2031.

Reasons

A Court Order dated 19 February 2016 requires specific actions of the Secretary State, an appointed Planning Inspector and the Council pertaining to the legally prescribed modification of Policy Bicester 13 of the Cherwell Local Plan 2011-2031. A specific modification to Policy Bicester 13 has been recommended by a Planning Inspector on behalf of the Secretary of State. The modification requires the deletion of the first sentence of the third bullet point under “Key Site Specific Design and Place Shaping Principles” which states – “That part of the site within the Conservation Target Area should be kept free of built development.”

To comply with the Court Order, the Executive is advised to recommend to Council that it formally adopts Policy Bicester 13 in precise accordance with the Court Order.

Alternative options

There are no other options. The Court Order dated 19 February 2016 states (para.3), “The First Defendant [the Council] adopt Policy Bicester 13 subject to the modification recommended by the planning inspector appointed by the Second Defendant [the Secretary of State for Communities and Local Government]”.