Agenda item

This report details the latest position in the Local Plan examination process. It asks Members to recommend to Executive that the proposed modifications and associated evidence base is agreed and to move towards the Local Plan’s adoption. It also asks Members to recommend that the series of thematic Supplementary Planning Documents (SPDs), an Article 4 Direction and further evidence gathering in relation to short term holiday lets and houses in multiple occupation (HMO) is agreed to support the implementation of the Local Plan.

Members considered a report that detailed the latest position in the Local Plan examination process. The report asked the Committee to recommend to Executive that the proposed modifications and associated evidence base be agreed, to move towards the Local Plan’s adoption. It also asked Members to recommend that the series of thematic Supplementary Planning Documents (SPDs), an Article 4 Direction and further evidence gathering in relation to short term holiday lets and houses in multiple occupation (HMO) be agreed to support the implementation of the Local Plan.

[5:58 pm Cllr Doughty joined the meeting]

The Corporate Director of Place presented the report, noting that:

·        On 25 May 2018 the authority submitted the Publication Draft Local Plan for independent examination.

·        Eleven weeks of public inquiry had recently taken place, and no significant concerns had been raised at this stage from the Inspectors, but a number of matters were identified as required modifications.

·        A consultation on the proposed Main Modifications to the Draft Plan was proposed to take place from early February 2023 for a period of six weeks. The results would be collated and the associated evidence base submitted to the Inspectors for them to draft their report. In the event of no material changes and following the receipt of the Inspector’s report to agree to the submission of the Local Plan, it was anticipated that the Plan would be taken to Full Council for adoption later in the year.

In response to the speakers comments the Corporate Director confirmed that:

·        The climate change polices had been updated to reflect the national position.

·        The Local Plan had been guided by the National Planning Policy Framework (NPPF), and it could not exceed what was legislatively required, however, the council would include some additional aspirational requirements for developments.

·        The Inspectors had considered every Green Belt boundary in the city, and in respect of St Peters School, the Inspectors undertook a site visit and decided that the river boundary provided a much more sustainable and long-term Green Belt boundary. The visit also prompted Officers to reconsider the original Green Belt boundary lines submitted in May 2018, which would effectively mean more space was provided around schools.

·        The policies within the Local Plan had the material weight and the SPD’s provided the clarification and explanatory text.

·        It had been considered that the originally agreed list of SPD’s did not support the delivery of the Plan or represent the most effective use of resource. The revised approach consolidated some of the individual topic SPD’s to successfully deliver them as themes running through all the SPD’s.

·        The Local Plan provided private Gypsy and Traveller sites through strategic sites and the vast majority of the 44 pitches would be provided by the private sector and dispersed across the city.

·        Further work had been undertaken in response to the Inspectors request for the location and delivery trajectory of the 10 Gypsy and Traveller pitches on council owned sites. The additional capital invested in the site at Outgang Lane, Osbaldwick was predicted to provide greater capacity and allow the site to be managed more effectively. 

Following Members questions, Officers confirmed:

·        Policy modifications had been included to specifically tighten the required approach when considering provision of Traveller and Gypsy pitches on strategic sites, including off-site financial contributions which would only be considered in very exceptional circumstances following a thorough analysis by the developer.

·        The expansion of the OsbaldwickGypsy and Traveller site would be limited and wasn’t anticipated to accommodate all the provision.

·        They would continue to collaborate with neighbouring councils to address developments that were adjacent to the York boundary.

·        As part of the Inspectors’ scrutiny of the overall affordable housing need in York a target of 45% was introduced in Policy SS1 by way of modification. Policy H10 set out the council’s approach to affordable housing contributions from new residential developments, and on smaller sites the policy required an off-site financial contribution. Contributions to affordable housing could also be sought from student housing developments without comprising development viability. 

·        A Sustainable Transport SPD was under consideration, and the Local Plan process would provide the authority with an opportunity to further develop a Local Transport Plan.

·        They would provide an update on the issues highlighted with holiday lets to set out why a new policy approach should not be introduced at this stage, but that continuing to develop the evidence base would form the basis of future policy options that could be considered by Executive post adoption of the Local Plan

Members questions relating to their individual ward areas were also answered, and the Corporate Director agreed to keep ward members updated on the public transport specifics for the North of Monks Cross development.

[7:02 pm Cllr Pearson left the meeting]

Following discussion of the item, Officers agreed, on behalf of the Committee, to inform Executive that:

·        The Article 4 Direction, removal of Permitted Development Prior Approval Rights to convert from office to residential, was introduced following a motion tabled at Full Council in March 2021.

·        The lack of a specific Supplementary Planning Document to support Policy D3: Cultural Wellbeing was a concern.

·        A new policy to control the spread of short term and holiday accommodation would be welcomed earlier in the process.

Resolved: That Executive be recommended to:

     i.        approve the schedules of modifications and evidence provided at Annexes 1 to 8 inclusive and Table 1 of the report and agree to commence consultation on the Proposed Main Modifications and the associated evidence base.

    ii.        delegate authority to the Corporate  Director of Place, in consultation with the Executive Member for Finance and Major Projects, to agree any minor (non-material) amendments and to sign off the publication version of the Local Plan Proposed Modifications prior to public consultation.

Reason: For the Local Plan found to be ‘sound’ the proposed modifications must be formally consulted as set out in the Town and Country Planning (Local Planning (England) Regulations 2012. (Regulations 23,24,25 relating to Examination period).

  iii.        to delegate authority to the Corporate  Director of Place, in consultation with the Executive Member for Finance and Major Projects, to collate the results of the consultation on the Proposed Main Modifications and the associated evidence base, and submit them to the Inspectors for them to draft their report; and

  iv.        in the event that there are no material changes following the conclusion of the consultation exercise on the Proposed Main Modifications and the associated evidence base and following receipt of the Inspectors’ report, to agree to the submission of the Local Plan (as modified in accordance with the Proposed Main Modifications and the associated evidence base) and the Inspectors’ report to Full Council by the Leader, in consultation with Corporate  Director of Place, to recommend adoption.   

Reason: To support progress towards adoption of the Local Plan, which will ensure the Council meets its statutory and national planning policy requirements.

        v.             approve the proposed list of Supplementary Planning Documents (SPD’s) to be produced to support the implementation of the Local Planand consider including a specific SPD to support Policy D3: Cultural Wellbeing.

Reason: To support implementation of the Local Plan.

          vi.        agree the preparation of an evidence base to support the possible introduction of an Article 4 direction to remove permitted development rights to allow changes of use from office to residential.

Reason: To support implementation of the Local Plan.

vii.     note the evidence gathering in relation to short term lets and HMOs and, after adoption of the Local Plan, consider the evidence base and emerging legislation as to whether a new policy should be introduced.

Reason: To establish how best to monitor and control these uses and support implementation of the local plan.