Agenda item

** Due to the size of the documents, to assist with access and downloading, the covering report is attached to the agenda pack, appendices 1 – 9 are published as supplements to the main agenda **

Report of Assistant Director Planning and Development

Purpose of report

To present, for consideration, a draft of the emerging Cherwell Local Plan Review 2040 for consultation purposes.

Recommendations

The meeting is recommended:

1.1       To approve public consultation on the draft Cherwell Local Plan Review 2040 (Appendices 1 and 2) subject to the changes presented at Appendix 9 in response to the resolution of the Overview and Scrutiny Committee of 16 August 2023;

1.2       To delegate to the Assistant Director - Planning and Development the authority to make any minor amendments and corrections to the draft document he considers necessary prior to formal publication and in consultation with the Portfolio Holder for Planning and Development;

1.3       To delegate to the Assistant Director – Planning and Development the authority to finalise and publish supporting documents in consultation with the Portfolio Holder for Planning and Development.

Resolved

(1)           That public consultation on the draft Cherwell Local Plan Review 2040 (Appendix 1) be approved, subject to the changes presented in response to the resolution of the Overview and Scrutiny Committee of 16 August 2023 (Appendix 9 to the report).

(2)           That authority be delegated to the Assistant Director - Planning and Development to make any minor amendments and corrections to the draft document he considers necessary prior to formal publication and in consultation with the Portfolio Holder for Planning and Development.

(3)           That authority be delegated to the Assistant Director – Planning and Development to finalise and publish supporting documents in consultation with the Portfolio Holder for Planning and Development.

The Assistant Director Planning and Development submitted a report to present, for consideration, a draft of the emerging Cherwell Local Plan Review 2040 for consultation purposes.

Prior to the Portfolio Holder for Planning and Development presenting the report, the Chairman invited Councillor Reynolds, Councillor Broad and Councillor Middleton to address the meeting.

Councillor Broad, Chairman of the Overview and Scrutiny Committee, summarised the feedback from the Committee which had considered the draft Local Plan at their special meeting on 16 August. The Committee had resolved to make the following comment to Executive: In line with the motion that had been adopted at the February 2023 full Council meeting on housing affordability mix, the Local Plan should be stronger in terms of the desirability of having more affordable housing in the allocated sites.

The Overview and Scrutiny Committee had made a number of detailed comments and observations which had been published as an appendix to the Executive report. Proposed changes to the Local Plan in response to the Committee’s comments had also been published as an appendix to the Executive report.

The Chairman thanked Councillors Reynolds, Broad and Middleton for their comments and thanked the Overview and Scrutiny Committee for their detailed scrutiny and subsequent feedback.

In introducing the report, the Portfolio Holder for Planning and Development explained that the council had a legal requirement to review its Local Plan every five years and update if appropriate. This current review of the Local Plan provided the opportunity to establish a new set of policies for addressing housing and other development needs, for climate action, for healthy place-shaping, for biodiversity net gain, for our urban centres, rural areas and in response to new Government policy and guidance.

Following the resolution of Executive in January 2023 to defer the consultation on the draft Local Plan at that time, officers had taken the opportunity to undertake a wide review of the scope and presentation of the draft plan. It had been redrafted with a greater emphasis on consultation, with feedback being more explicitly encouraged and with specific questions added. Where possible the language had been made more accessible and information had been presented in a simpler, more understandable, and transparent way.

The version submitted to Executive was a consultation draft of the emerging Plan  under Regulation 18 of the Local Plan regulations (the issues and options stage of plan-making). The 6-week consultation was supported by a communications plan and would provide an opportunity for local communities, interest groups, statutory bodies, infrastructure and service providers, development promoters and other stakeholders to comment on emerging thinking and make suggestions on how the Plan should be developed further.

This stage was extremely important as the council still retained the flexibility to amend the emerging Plan in response to the consultation responses and further evidence. Responses to consultation at the next proposed or pre-submission stage (Regulation 19) were submitted with the Plan for Examination. In line with the Government’s current proposals, Plans prepared under the current Local Plan system should be submitted for Examination by 30 June 2025.

Resolved

(1)          That public consultation on the draft Cherwell Local Plan Review 2040 (Annex to the Minutes as set out in the Minute Book) be approved, subject to the changes presented in response to the resolution of the Overview and Scrutiny Committee of 16 August 2023 (Annex to the Minutes as set out in the Minute Book).

(2)          That authority be delegated to the Assistant Director - Planning and Development to make any minor amendments and corrections to the draft document he considers necessary prior to formal publication and in consultation with the Portfolio Holder for Planning and Development.

(3)          That authority be delegated to the Assistant Director – Planning and Development to finalise and publish supporting documents in consultation with the Portfolio Holder for Planning and Development.

Reasons

The Council has a legal requirement to review its Local Plan every five years.  A new Local Plan is required to meet Cherwell’s needs, protect its environment and secure sustainable development. The process for preparing a new local plan is prescribed by legislation. This current Plan is a consultation draft prepared to prompt discussion and feedback on its vision, objectives, spatial strategies, and new planning policies. When adopted, the Local Plan will guide the delivery of sustainable development across the district.  The Executive is invited to approve a consultation to support further plan development.

Alternative options

Option 1: Not to progress a Cherwell Local Plan Review at this time.

The Council has a legal requirement to review its Local Plan every five years, and update it if appropriate. There is therefore an expectation that most plans will need to be updated every five years. Progressing the review of the Local Plan is required to ensure a plan-led approach to development in Cherwell.

Option 2: Delay progress on a Cherwell Local Plan Review.

The Local Plan programme has already slipped, principally due to the decision in August 2022 to cease work on the Oxfordshire Plan which was expected to set the strategic level of growth across the County. More recently, following consideration of a previous version of the draft local plan in January 2023 the Executive resolved, “…Consultation be deferred until a later date….in light of the comments of the Overview and Scrutiny Committee and Executive to allow officers to consider these comments”. Further delay would create significant uncertainty about maintaining a plan-led approach to development in Cherwell.

Option 3: Do not consult on an emerging Plan at ‘Regulation 18’ stage

There is no specific requirement to publish a draft Plan under Regulation 18 of the Local Plan regulations.  There have been two issues and options consultations in 2020 and 2021 and the Council could wait until it publishes a proposed / pre-submission Plan under Regulation 19.  However, there is time to undertake consultation now which would provide further opportunity for community engagement, benefit Plan development and ensure as many issues as possible are considered before a proposed Plan is prepared under Regulation 19.