Agenda item

The report provides the context for the attached draft Preferred Options Consultation paper.  It sets out the background and progress to date of Local Plan Part 2, describes the main issues pertinent to this stage of the Plan’s development, and sets out the views of the Environment Overview and Scrutiny Committee which discussed and supported the content of the consultation document at its meeting on 19 March 2018.

Recommendation

It is recommended that the Local Plan Part 2 Preferred Options document be approved for consultation.

The Executive received a report that set out the context for the Preferred Options Consultation Document. The report described the background and progress to date of the Local Plan Part 2 and the main issues pertinent to this stage of the Plan’s development. It also set out the views of the Environment Overview and Scrutiny Committee which had discussed and supported the content of the consultation document at its meeting on 19 March 2018.

Before considering the report on the Preferred Options Consultation, the Leader invited Cllr Mike Band to make a statement of clarification with regard to the Surrey Hills AONB Board’s position in relation to the legal challenges to Waverley’s adopted Local Plan Part 1.

Cllr Band reiterated the statement made by the Board, that the Surrey Hills AONB Board has no role whatsoever in publically challenging the policies of its constituent councils. Cllr Band confirmed that he had robustly defended queries by the Board in relation to Waverley’s Local Plan Part 1, and these discussions had been minuted.

The Leader thanked Cllr Band for clarifying again the position and stance of the Surrey Hills AONB Board.

Cllr Knowles had given notice to speak in accordance with Procedure Rule 23, and outlined his major safety concerns in relation to the Key Site Haslemere (DS07), which showed the potential loss of two car parks with no increase in off-street parking elsewhere, and also the loss of the fire station; and, 38 Petworth Road (DS14) where a planning appeal had been dismissed recently on traffic safety grounds.

Cllr Hyman had also given notice to speak in accordance with Procedure Rule 23, and referred to the legal challenges to the Local Plan Part 1: he asked if the Council intended to defend the challenges, and what impact the pending challenges would have on determination of planning applications.

The Leader advised that she would be making a statement with regard to the defence of the legal challenges, but invited the Portfolio Holder for Planning to respond to the other points raised.

Cllr Storey reassured Cllr Hyman that the legal challenges to Local Plan Part 1 would have no impact on the Council’s ability to make planning decisions based on the strategic policies set out in the adopted Local Plan, or the progress of Local Plan Part 2.

Cllr Storey added that in relation to the Haslemere Key Site, this had been in the public domain since August 2016 and proposed by a Haslemere Town Councillor in the 2014 Call for Sites. Whilst the site did include the fire station, it did not necessarily mean that it would be included in any redevelopment. With regard to land at 38 Petworth Road, the Planning Inspector’s comments had been taken account of in the Preferred Options Consultation Document. As part of the consultation, he welcomed comments in relation to either of these sites, and any others.

Cllr Storey advised that the intention had been to commence the consultation on 23 April, but would now be delayed until after the by-election for Farnham Castle Ward on 24 May, to avoid the ‘purdah’ period.

On the recommendation of Cllr Storey, Portfolio Holder for Planning, the Executive APPROVED the Local Plan Part 2 Preferred Options document for consultation.

[Reason: To enable the public consultation on the Local Plan Part 2 Preferred Options document to commence in accordance with the agreed timeline.]

The Leader then made a statement in relation to the legal challenges to Waverley’s adopted Local Plan Part 1:

“I am asking the Executive to agree £200k (£100k with a further £100k to be approved by Full Council) as we now have to defend our decision to adopt a sound Local Plan to protect our residents and our communities;

·An excellent plan that protects Waverley from in appropriate ad hoc development

·An excellent plan that has been approved by an independent inspector

· An excellent plan that has been through three years of public consultation and scrutiny

· A plan that is Government requirement.

"I am tired of this council and our residents being bullied, and having to defend the lawful, democratic decisions of this council in the High Court.

"In the last two years Waverley has had to face a number of very costly challenges on lawful decisions that have benefited the community. We have had to defend our decisions on:

· Undershaw – which we won!  That is now an independent school for children with special needs – referred to by OFSTED “as a school that aims to ‘change lives for the better and strive to ensure that every child can realise their potential and make their unique contribution to society.

· Brightwells – which we won! A regeneration scheme that will bring homes, jobs and a new retail and leisure offer to a run down, under utilised area of Farnham.

· The Farnham Neighbourhood Plan – which we won! A plan that was led by the community following years of hard work – was voted for by the community at a referendum.  Our decision to hold the referendum was challenged.  Our decision to adopt the plan was challenged. And the challenges failed.

· Dunsfold – Eventually quashed by Secretary of State but after Waverley and the developer had to spend thousands of pounds defending the planning decision and being threatened with a JR; which was then withdrawn before it reached the courts.

"This administration is really proud of our new Local Plan. It has been found to be sound, we have adopted it and it has already fended off significant unwanted and inappropriate development in this borough. Just last week the Secretary of State published his long-awaited decisions on four key planning applications, backing Waverley's adopted Local Plan.  

"I am appalled that we have to spend money on legal expenses again, when we could be spending it on services - £200k at a time when as a council we face enormous financial challenges and are doing our utmost to deliver and protect key frontline services for our residents and many of our most vulnerable members of the community.

"The adopted Local Plan is Waverley’s lawfully adopted framework for development and planning decisions. The plan will continue to be our guide for all future development in the borough despite these challenges and will be our guide for the life of the plan – as I am confident that we will successfully defend the plan against all three challenges.

“This council will instruct the court that we will pursue full reimbursement of all legal costs we incur and will not accept anything less. These campaigning pressure groups must understand that this irresponsible abuse of public money will not be tolerated by Waverley Borough Council and its’ residents.”

On the recommendation of the Leader, and seconded by Cllr Hall, the Executive APPROVED a Supplementary Estimate of £100,000 and RECOMMENDS to the COUNCIL that a further Supplementary Estimate of £100,000 be approved, for external legal costs to defend the Council’s position on the Judicial Review challenges to Waverley’s adoption of Local Plan Part 1, to be met from the Revenue Reserve Fund.

[Reason: to enable the Council to defend the legal challenges to Waverley’s adopted Local Plan Part 1.]

Recommendation submitted to Council on 24 April 2018.