Report Ref CAB3462
Decision:
That it be recommended to Council:
1. That the Winchester District Proposed Submission Local Plan (Regulation 19) (Appendix 1) and the accompanying Integrated Impact Assessment (Appendix 2) and Habitats Regulations Assessment (Appendix 3) are approved for Publication for a period of 6 weeks anticipated to start on 29 August 2024;
2. That following Publication, the Winchester District Proposed Submission Local Plan (Regulation 19) and supporting documents be submitted to the Secretary of State for Examination, together with the Regulation 19 representations and a summary;
3. That authority be delegated to the Strategic Planning Manager in consultation with the Cabinet Member for Place and Local Plan to prepare an addendum to the Plan that may be necessary to address soundness issues raised by representations received in response to the Regulation 19 public consultation and submit this addendum along with the Local Plan to the Planning Inspectorate;
4. That authority be delegated to the Strategic Planning Manager in consultation with the Cabinet Member for Place and Local Plan to agree to any Main Modifications and to undertake a 6 week public consultation on any Main Modifications that arise out of the Local Plan examination process and for this information to be forwarded to the Planning Inspectorate;
5. That authority be delegated to the Strategic Planning Manager in consultation with the Cabinet Member for Place and Local Plan to make any necessary editorial changes and minor amendments to the Winchester District Proposed Submission Local Plan (Regulation 19), Integrated Impact Assessment and Habitats Regulations Assessment, prior to Publication, Submission and during the Examination, to assist with consistency, explanation, graphic design and presentation and to enable any clarification necessary to outline how the proposals are consistent with government policy and the latest consultation version of the NPPF.
Minutes:
In the absence of Councillor Porter, Councillor Martin Tod, Leader of the Council, introduced the agenda item on the Local Plan Regulation 19. He outlined the Council's commitment to advancing the Local Plan, which was designed to guide development in Winchester District through to 2040. The plan, once approved, will undergo a six-week public consultation, expected to commence in the autumn. This consultation followed the Council's local development scheme timetable, which was published in August 2023. The plan includes an integrated impact assessment and a Habitats Regulations Assessment, both crucial to ensuring the plan's compliance with national and local environmental standards.
Councillor Tod emphasised the importance of today's meeting in scrutinising the updated policies within the Regulation 19 plan. He noted that these policies have been refined based on evidence gathered from previous consultations, including the Regulation 18 public consultation held in 2022. The key focus of the discussion will be on evaluating whether the proposed policies effectively address the district's strategic needs and meet the four tests of soundness as required by the National Planning Policy Framework.
He also clarified the meeting's structure, noting that public representations would be addressed during the relevant sections of the discussion to ensure a thorough and manageable review of all contributions. The outcomes of this meeting would be reported to the full Council meeting on 28 August 2024, where formal approval would be sought to proceed with the consultation phase. Lastly, Councillor Tod requested that any minor corrections or cross-references in the document be forwarded to officers after the meeting to streamline the focus on substantive issues during the session.
Councillor Tod introduced the agenda item on the Local Plan Regulation 19, highlighting the critical decision facing the Cabinet to recommend the future development direction for Winchester District, excluding areas within the South Downs National Park, up to 2040. He emphasised the importance of aligning this plan with the new government's policies and intentions, acknowledging the extensive three-year process that led to this point.
The Regulation 19 Local Plan was designed to address the district's significant challenges, including affordability, climate change, nutrient pollution, and the preservation of its unique natural and historical environment. Councillor Tod noted that the plan sets out a new vision and framework for future development, with ambitious policies establishing clear standards for development. The plan includes an integrated impact assessment and a habitats regulation assessment, alongside an infrastructure delivery plan supported by a strategic transport assessment.
Once adopted, this plan will replace the current Local Plan and become the statutory development framework used alongside planning law and national guidance to evaluate the planning merits of proposals. Councillor Tod stressed the importance of this decision, which involves recommending the Council to publish the proposed Local Plan and associated assessments for public consultation.
Andrew Fraser-Urquhart KC, who has advised the Council throughout the plan preparation period, provided an overview of the legal and policy context for the Local Plan Regulation 19. The new government had published a draft amended NPPF to give effect to the priority of increasing house building. The NPPF sets out government policy and is a material consideration in the determination of all planning applications.
The draft NPPF reintroduces mandatory housing targets and has a new standard methodology for assessing those targets. The likely consequence for WCC is an increase of approximately 500 home per annum above the current provision.
Given that the current emerging local plan is based on the existing housing requirements in the NPPF, a great deal of work will be required to see how this new target in the proposed changes to the NPPF could be accommodated. This will present difficult choices for WCC in the future.
The issue today is how to accommodate this work and the timing. There are two alternatives. The first is to pause work on the existing local plan and start to consider how it would be amended to accommodate the new housing requirements in the proposed changes to the NPPF. The government suggests that if this approach is adopted the work would have to be completed within 18 months. It is entirely uncertain if this would be possible because in reality it would mean something like a complete re-write of the draft local plan and much of the evidence base. During the period of this work WCC would be without an up to date local plan and, in accordance with policy of the NPPF be required to apply a tilted planning balance when deciding any application. This would mean it would be very difficult to resist speculative applications from developers and would lead to a period of “planning by appeal” over which the council would have little control.
The second alternative is to ensure that this plan is submitted to the government for examination very quickly, before the draft NPPF is published as settled policy.
This would mean that once the Local Plan was adopted, probably early next year WCC would be required immediately to begin work on a new local plan that meets the new housing requirements. Whilst this would not avoid the need to make difficult decisions, it would enable work to be undertaken with a fresh start to logically and efficiently determine where new housing should be located. In the meantime the Council would have an up to date local plan so as to avoid the risk of “planning by appeal”.
The following members of the public and Councillors addressed the Cabinet to provide their views and concerns regarding the Local Plan Regulation 19. Each speaker raised several key points, which are summarised below:
10. Councillor Sue Wood - Sparsholt Parish Council
11. Fred Schiff
12. Ian Tait
13. Stuart Jones – Hampshire Bus Enhance Forum
At the invitation of the Leader, six councillors addressed Cabinet as summarised below.
14. Councillor Sue Cook
15. Councillor Stephen Godfrey
16. Councillor Danny Lee
17. Councillor Neil Bolton
18. Councillor Paula Langford-Smith
19. Councillor Caroline Horrill
Councillor Tod thanked all members of the public and Councillors for attending the meeting. These points would be responded to by officers and Cabinet accordingly during the meeting.
Cabinet considered the report and appendices in detail and officers responded to questions thereon. During discussion, the queries and comments raised during public participation and by invited councillors were also responded to. In particular, the following points were noted in relation to report CAB3462.
Legal and Procurement implications
Andrew Fraser-Urquhart KC advised that the duty to cooperate had
two aspects. The first was the legal duty to cooperate with
other local authorities in meeting their unmet needs. This
had to be demonstrated to the Inspector at the public examination
by a variable audit trail of the attempts to agree. In must
be noted that this is a requirement to cooperate not a duty to
agree. If it cannot be demonstrated that the duty to
cooperate has been fulfilled, the plan will be unlawful without
further ado and cannot be approved.
The second aspect to the duty is contained in NPPF policy on the requirement in plan making to meet the unmet need of neighbouring authorities. It is important to note that the new NPPF appears to strengthen the obligations on local authorities to meet their own needs in full and the need of others that cannot.
This is another aspect of reasons why it would be sensible to approve the plan now so that a proper opportunity is provided during the preparation of the next local plan properly to consider a potentially strengthened duty to cooperate.
Compatibility with the NPPF
Councillor Tod asked about the compatibility of the plan with the NPPF consultation, in particular the consistency of the proposed approach with Annex 1 of the draft NPPF. Andrew Fraser-Urquhart KC advised that the law required the Inspector to be satisfied that the plan was in general conformity with the NPPF. The question then arises as to which NPPF as both the existing and the new draft were currently in existence. In the event the council proceeds to adopt the current plan the transitional provisions of the new NPPF would require the Inspector to consider conformity with the old NPPF. Mr Fraser-Urquhart considered that there were no concerns in this regard and the Inspector was very likely to conclude that the plan was in conformity with the old NPPF.
Mr Fraser-Urquhart continued that the transitional provisions made clear that the council would be under an obligation immediately to begin work on the new local plan. It was wrong to suggest that proceeding with this local plan would be to mislead the public. In any event there would be no difficulty in amending the introductory paragraphs of the local plan to make it clear that work will begin on a new local plan to accommodate the increased housing targets. Similarly it was wrong to suggest that the suggested process was to avoid difficult decisions as it was simply a matter of how to make those difficult decisions, whether to postpone all existing work or make a fresh start with a new local plan. The second approach was likely to be cheaper and more efficient. All the questions raised by, for example, Councillor Horrill and Mr Tait were the kind of things to be considered by the new local plan.
Local Plan Regulation 18 public consultation
The Strategic Planning Manager confirmed that it was permissible for new site allocations to be introduced at the Regulation 19 stage provided the council demonstrated why sites had been introduced. This would be done when the council went out to consultation on Regulation 19.
The Strategic Planning Manager confirmed that all comments received in relation to Regulation 18 had now been published on the council’s website with the final comments published the previous week. He would check the comments published in the light of comments received during public participation in relation to South Wonston.
Integrated Impact Assessment (IIA) and Habitats Regulations Assessment (HRA)
Councillor Tod asked about the role of the IIA and HRA. Mr Fraser-Urquhart KC advised that HRA was a legal requirement which deals solely with significant impacts on protected European sites. It was unlawful to have development which has a significant adverse impact on the integrity of such site or species unless there were overriding reasons in public interest to do so.
The IIA was a relatively new process. There is a legal requirement to undertake a Sustainability Appraisal of a local plan and this requirement has been subsumed within a process called IIA. The IIA was only part of the evidence base and was a fairly high level assessment using a consistent methodology which was applied across the district. It is not determinative but a tool that assists officers who make the final policy and allocation decisions. Accordingly, even if some aspects of the IIA assessment are disputed it remains a valid part of the evidence base. It was to be remembered that objectors have the ability to make representations about any aspect of the IIA both at the Regulation 19 stage and, indeed, at the local plan examination.
Equality Impact Assessment (EIA)
Councillor Becker highlighted that the EIA had found that there was a small disadvantage for some people. It was noted that the council was producing a health topic paper in 2025 and that there were also positive impacts so overall the impacts balanced out.
Employment and Retail
Councillor Tod noted that the requirement for Bushfield Camp allocation or equivalent was still required.
Strategic Transport Assessment
The Strategic Planning Manager emphasised that the council’s powers were largely limited to lobbying the county council and bus companies in this area. Mr Fraser-Urquhart KC advised that the only levers available to the council were negative in terms of preventing development coming forward unless certain provisions in terms of strategic transport were provided.
Meetings held with government
The Strategic Planning Manager confirmed that various meetings had been held, including most recently with officers from MHCLG. The feedback was that they were encouraged with the council’s intention to bring forward the local plan and put officers in touch with the Planning Inspector. Councillor Tod referred to a letter he and the Chief Executive had received from the Secretary of State for Housing, Communities and Local Government and Deputy Prime Minister. He had also attended an online meeting held with the Deputy PM and other local authority leaders and he was confident that the council was in line with current government thinking.
Local Plan Planning Inspectorate (PINS) advisory service
The Strategic Planning Manager advised that the council is in the process of agreeing a service level agreement (SLA) with PINs.
Biodiversity and the Natural Environment
Councillor Learney stated that she was satisfied that the council’s local plan policies fully covered the issues that the South Downs National Park policy on Ecosystem Services referred to as raised by Councillor Lee.
Development Allocations that are needed to meet the Development Strategy
Councillor Tod requested further information regarding sewage issues raised in relation to the Sutton Scotney.
The Strategic Planning Manager advised that regular meetings were held with Southern Water and the council had received a letter from Southern Water outlining the work it was intended to carry out in Colden Common and Sutton Scotney. The pipeline in Sutton Scotney was under construction he was confident it would be completed before the development was phased to come forward in 2030. Mr Fraser-Urquhart KC emphasised that allocation was not the same as the grant of planning permission and permission could be refused if there were good planning reasons or conditions could be imposed.
South Downs National Park
Councillor Tod highlighted that the impact of 40% of the district being within the SDNP area should be referenced in the consultation on the new NPPF.
Affordable housing
The Strategic Planning Manager advised that the next iteration of the Local Plan could consider any decisions for new sites to come forwards such as sites for affordable housing Provision.
Cabinet then considered each of the policies in turn as set out in Appendix 1 and noted the main changes between the Reg 18 Local Plan and the Reg 19 Local Plan. In particular the following points were noted:
Policy CN8 – The Strategic Planning Manager provided an explanation of the new policy on embodied carbon.
Policy D9 – Cabinet noted this had been deleted.
Policies E9 and E10 – Cabinet noted that Agri-Voltaics was covered by the NPPF and the carbon neutrality policy. Mr Fraser-Urquhart KC advised that the draft NPPF included radical changes in relation to renewable energy which moved forward from the old policy regime to the extent that local authorities should approve all forms of renewable energy.
Policies NE11,12 & 13 – in relation to comments made during public participation, Cabinet noted that new sports allocations had been made in Kings Barton and North Whiteley. The Strategic Planning Manager provided further explanation regarding how sport provision came forward.
Policy H1 – the changes to housing numbers were clarified.
Policy H2 – The Strategic Planning Manager clarified the treatment of windfall sites and office to residential and confirmed the policy was applied consistently across the district.
Policy H12 to H18 – The Planning policy officer advised that the council could not demonstrate a five year supply in relation to site allocations for provision for gypsies and travellers. Consequently there would be a presumption in favour of permitting development unless the council could demonstrate adequate provision. He confirmed that the information in the table in Policy H13 was correct. There was no intention to increase intensification as part of the planning process although the Policies did allow for growth.
Points raised in public speaking not covered by discussion during document review.
In response to points raised during public participation and by invited councillors, Councillor Tod provided an update on the current position regarding the council’s own land assets.
Cabinet considered the IIA and HRA (as contained in Appendix 2 and Appendix 3 of the report) in the light of the earlier explanation provided by Mr Fraser-Urquhart KC.
Cabinet considered the risk assessment as contained in Appendix 4 of the report.
Cabinet noted that the contents of report CAB3462 and appendices had been considered by Scrutiny Committee on 29 July 2024 and key actions arising from that meeting, in addition to an officer response and any proposed changes were included as Appendix 5 to the report being considered today.
In relation to comments made by Councillor Horrill, Councillor Tod clarified that the government intended to establish a separate task force on proposals for new towns. Mr Fraser-Urquhart KC confirmed this topic was not mentioned in the draft NPPF.
Cabinet referred back to points raised during public participation and by invited councillors and agreed that these had all been addressed during discussion of the report and appendices as summarised above.
Councillor Tod proposed to make recommendation 5 clearer with regard to the impact of the NPPF consultation on this decision. The amendment was seconded by Councillor Learney. The following additional words were added to the end of Recommendation 5 in the cabinet report:
....and to enable any clarification necessary to outline how the proposals are consistent with government policy and the latest consultation version of the NPPF.
Councillor Tod thanked everyone involved in consultation and scrutiny of the report. He thanked the Strategic Planning Manager and his team for their work.
Cabinet agreed to the following for the reasons set out in the report and outlined above.
RECOMMENDED (TO COUNCIL):
1. That the Winchester District Proposed Submission Local Plan (Regulation 19) (Appendix 1) and the accompanying Integrated Impact Assessment (Appendix 2) and Habitats Regulations Assessment (Appendix 3) are approved for Publication for a period of 6 weeks anticipated to start on 29 August 2024;
2. That following Publication, the Winchester District Proposed Submission Local Plan (Regulation 19) and supporting documents be submitted to the Secretary of State for Examination, together with the Regulation 19 representations and a summary;
3. That authority be delegated to the Strategic Planning Manager in consultation with the Cabinet Member for Place and Local Plan to prepare an addendum to the Plan that may be necessary to address soundness issues raised by representations received in response to the Regulation 19 public consultation and submit this addendum along with the Local Plan to the Planning Inspectorate;
4. That authority be delegated to the Strategic Planning Manager in consultation with the Cabinet Member for Place and Local Plan to agree to any Main Modifications and to undertake a 6 week public consultation on any Main Modifications that arise out of the Local Plan examination process and for this information to be forwarded to the Planning Inspectorate;
5. That authority be delegated to the Strategic Planning Manager in consultation with the Cabinet Member for Place and Local Plan to make any necessary editorial changes and minor amendments to the Winchester District Proposed Submission Local Plan (Regulation 19), Integrated Impact Assessment and Habitats Regulations Assessment, prior to Publication, Submission and during the Examination, to assist with consistency, explanation, graphic design and presentation and to enable any clarification necessary to outline how the proposals are consistent with government policy and the latest consultation version of the NPPF.
Supporting documents: