Agenda item

**At its 2 December 2024 meeting, Executive resolved to adjourn consideration of this item. Executive is reconvening to consider this item**

** Due to the size of the documents, only the cover report is included with this reconvening of meeting notice. All appendices can be accessed at the 2 December Executive meeting webpage **

Report of Assistant Director Planning and Development

Purpose of report

To seek approval of the Proposed Cherwell Local Plan 2042 for the purpose of inviting representations.

Recommendations

The Executive resolves:

1.1         To consider the comments made by the Overview and Scrutiny Committee on 12 November 2024 (Appendix 8a) and 26 November 2024 (Appendix 8b – to follow).

1.2         To agree that the Proposed Cherwell Local Plan 2042 at Appendix 1 be approved for the purpose of inviting representations under Regulations 19 and 20 of The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

1.3         To agree that the Assistant Director – Planning and Development be authorised to approve the final presentation of the Plan and to make any necessary minor administrative amendments and corrections to it prior to formal publication and in consultation with the Portfolio Holder for Planning and Development.

1.4         To agree that the Assistant Director – Planning and Development be authorised to publish any necessary supporting documents, including an Infrastructure Delivery Plan, and other background papers in consultation with the Portfolio Holder for Planning and Development.

Resolved

(1)          That, having considered and noted the comments made by the Overview and Scrutiny Committee meetings on 12 November 2024 and 4 December 2024 (reconvening of adjourned 26 November 2024 meeting) the following change be made to paragraph 8.5. of the Proposed Local Plan:

“ We need to carefully manage development pressures in the interest of seeking housing delivery which benefits local communities, does not lead to unacceptable pressure on local infrastructure including health care facilities which must meet the needs of our rural communities, and can be supported by sustainable and active travel options and which does not cause damage to the environment that makes our rural areas attractive and distinctive.”

(2)          That the Proposed Cherwell Local Plan 2042 (Appendix 1 to the report), as amended by Appendix 9 to the report and resolution (1) above, be approved for the purpose of inviting representations under Regulations 19 and 20 of The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

(3)          That it be agreed that the Assistant Director – Planning and Development be authorised to approve the final presentation of the Plan and to make any necessary minor administrative amendments and corrections to it prior to formal publication and in consultation with the Portfolio Holder for Planning and Development.

(4)          That it be agreed that the Assistant Director – Planning and Development be authorised to publish any necessary supporting documents, including an Infrastructure Delivery Plan, and other background papers in consultation with the Portfolio Holder for Planning and Development.

The Assistant Director Planning and Development submitted a report to seek approval of the Proposed Cherwell Local Plan 2042 for the purpose of inviting representations.

In introducing the report, the Portfolio Holder for Planning and Development thanked the Assistant Director Planning and Development, Planning Policy, Conservation and Design Manager and all officers who had contributed to the proposed Cherwell Plan 2042 and all accompanying documents.

The Chair of the Overview and Scrutiny Committee, Councillor Dr Creed, addressed Executive to report on the deliberations of the Committee which had considered the proposed Cherwell Local Plan 2042 in detail at their extraordinary 12 November meeting and 26 November meeting, adjourned to 3 December. The Committee had agreed comments and recommendations to Executive on the content of the Plan and recommended Executive approve the proposed Cherwell Local Plan 2042 for the purpose of inviting representations under Regulations 19 and 20 of The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

On behalf of Executive, the Chairman thanked Councillor Creed and the Overview and Scrutiny Committee for their thorough review, comments and recommendations.

The Portfolio Holder for Planning and Development and Assistant Director Planning and Development explained that the proposed changes to the Plan arising from the Overview and Scrutiny Committee’s deliberations had been considered by officers, in consultation with the Portfolio Holder for Planning and Development, and were set out at Appendix 9 to the report (annex to the Minutes as set out in the Minute Book).

The Chairman referred to correspondence from developers that had he had received and had also been sent to a number of Members, including Overview and Scrutiny Committee members, and officers and confirmed that the council had responded to all correspondence. The responses had been shared with the Overview and Scrutiny Committee.

In response to Executive comments, the Assistant Director Planning and Development provided clarification in respect on Oxford’s unmet housing need and, referring to the Duty to Cooperate, confirmed there was, and would continue to be, liaison with West Oxfordshire District Council.

In considering the report, Members commended the work that had been undertaken building on and improving the previous version of the Cherwell Local Plan.

Resolved (unanimously)

(1)            That, having considered and noted the comments made by the Overview and Scrutiny Committee meetings on 12 November 2024 and 4 December 2024 (reconvening of adjourned 26 November 2024 meeting) the following change be made to paragraph 8.5. of the Proposed Local Plan:

“ We need to carefully manage development pressures in the interest of seeking housing delivery which benefits local communities, does not lead to unacceptable pressure on local infrastructure including health care facilities which must meet the needs of our rural communities, and can be supported by sustainable and active travel options and which does not cause damage to the environment that makes our rural areas attractive and distinctive.”

(2)            That the Proposed Cherwell Local Plan 2042 (Annex to the Minutes as set out in the Minute Book), as amended by Appendix 9 to the report and resolution (1) above, be approved for the purpose of inviting representations under Regulations 19 and 20 of The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

(3)            That it be agreed that the Assistant Director – Planning and Development be authorised to approve the final presentation of the Plan and to make any necessary minor administrative amendments and corrections to it prior to formal publication and in consultation with the Portfolio Holder for Planning and Development.

(4)            That it be agreed that the Assistant Director – Planning and Development be authorised to publish any necessary supporting documents, including an Infrastructure Delivery Plan, and other background papers in consultation with the Portfolio Holder for Planning and Development.

Reasons

A Proposed Local Plan 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 Plan has been informed by three formal public consultations, continuous engagement and cooperation and evidence gathering. Officers recommend that representations now be invited under Regulations 19 and 20 of The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

Alternative options

Option 1: To delay consideration of the Proposed Local Plan and to not invite representations at this time.

Delaying would have the advantage of waiting for the final, revised version of the National Planning Policy Framework (NPPF).  However, the Government has stated, ‘We propose transitional arrangements to maintain the progress of plans at more advanced stages of preparation, while maximising proactive planning for the homes our communities need’.  As the Proposed Local Plan has been prepared under the existing NPPF and can comply with the suggested transitional arrangements, officers do not recommend delay.

Option 2: To reconsider the content of the Proposed Local Plan

The Proposed Local Plan has been prepared having regard to statutory requirements, evidence and national planning policy and guidance.  If Members do not agree with significant aspects of the Plan, officers would need to consider the planning reasons for any changes and the implications for the evidence base including the Sustainability Appraisal. There would be delay to the programme.  Whether the Council would need to continue the Plan under the forthcoming NPPF would require consideration.