Agenda and minutes

To receive apologies for absence.

Apologies for absence were received from Cllr Jim Edwards.

To receive from members, declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest raised under this heading.

Background Papers

Unless specified under an individual item, there are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to the reports in Part I of these minutes.

All members have already received a full copy of the agenda for the special Environment Overview and Scrutiny Committee on 15 February 2018 which includes the Inspector’s report and the schedule of modifications to the plan.

The report to the Executive on this matter, which includes any comments made at the Environment Overview and Scrutiny Committee, will be circulated to follow.

[Cllrs Jerry Hyman and Peter Isherwood attended and spoke on this item]

109.1  Following the Examination of Local Plan Part 1: Strategic Policies and Sites, the Council has now received the final report from the Local Plan Inspector.  Subject to some specific required modifications, the Inspector considers the Plan to be sound.  The next step in the process is for the Council to formally adopt the new Local Plan. In order to do so, the Council must incorporate all the Main Modifications identified in the Inspector’s report.  The Executive has now considered a report updating members on this matter, which included the observations and comments from the special meeting of the Environment Overview and Scrutiny Committee which met on 15 February 2018.  A copy of the full report has been circulated to all members in advance of this meeting.

109.2  At the beginning of the meeting, the Leader of the Council informed members that earlier in the day a letter had been received from Protect our Waverley/POW alleging that the Council may be in breach of its own constitution should it proceed to adopt the local plan this evening, because of the period of time between the Scrutiny Committee and the meetings this evening.

109.3  The Leader stated that it was disappointing that POW had chosen to send their letter so late in the day.  Officers had considered the letter and taken advice from the legal services team and Counsel.  That advice confirmed that should POW choose to challenge the Council’s decision, that decision would be defendable but that there was risk associated with any decision to adopt the Local Plan.  This is in addition to the risk of any potential judicial review challenge that might be brought against a decision to adopt based on the Local Plan’s soundness.

109.4  The Executive was further informed that the Monitoring Officer had advised that the Council may proceed provided it was aware of the fact that there was a risk of challenge against the Council.

109.5  The Executive recognised the hard work that had gone into producing such a significant document and acknowledged that overall, the Council needed to have an up-to-date plan in place to be able to control development in the borough.

109.6  The Executive accordingly

RECOMMENDS that

33.       the Waverley Borough Local Plan Part 1: Strategic Policies and Sites, which incorporates the Inspector’s Main Modifications and the Council’s Minor Non-Material Modifications, be adopted; and

34.       those policies within the Waverley Borough Local Plan 2002 that are not being retained as set out in Appendix B of the Waverley Borough Local Plan Part 1: Strategic Policies and Sites, which incorporates the Inspector’s Main Modifications and the Council’s Minor Non-Material Modifications, be withdrawn.

There are no matters falling within this category.