Agenda item

This report provides further information on the role of safeguarded land and the reasons for the draft Local Plan including such a designation for some sites. It makes reference to a legal opinion sought from John Hobson QC on how the Local Plan should address this matter. Both the instructions to Counsel and the legal opinion on the matter of the opinion are included as Annex A and Annex B to this report.

Members considered a report which provided further information on the role of safeguarded land and the reasons for the draft Local Plan including such a designation for some sites.  It made reference to a legal opinion sought from John Hobson QC on how the Local Plan should address this matter.  Both the instructions to Counsel and the legal opinion on the matter were included as Annex A and Annex B to the report.

The Director of City and Environmental Services spoke to inform Members of some of the key points as follows:

·        The aim of the report was to set out the principle of safeguarding land. The report did not look at specifics of land supply or comment on specific sites.

·        Ministerial views are not the same as policy. The Department for Communities and Local Government (DCLG) have advised the Council to go by written guidance and case law. As York is unique due to its Green Belt status,  it is not the case that the Council can simply look at policy hence seeking a Counsels advice.

·        Members  were reminded that the Monitoring Officers’ advice or those individuals instructed by him, is the only legal advice which should be considered by Members. Other legal opinions are not a legal opinion to the Council.

·        The question put to the Counsel was about the matter of policy and not about specific sites.

In response to some of the comments made by the public speakers, the Head of Planning and Environmental Management spoke to emphasise  that further reports on housing need would be coming back to the Local Plan Working Group once new figures were available from the DCLG. Reports would also be brought concerning land supply for consideration and debate. In relation to safeguarded land Officers wanted to test the permanence issue of Green Belt with a QC to take a view and to consider the role of safeguarded land in achieving that permanence. If there is a need for permanence how do we go about setting green belt boundaries. QC provided advice as outlined in the report.

Members referred to the legal advice sought by local interest groups and whether it was appropriate for Members to ignore alternative views. Officers advised that whilst Members were entitled to consider alternative views or request Officers to look at other views, the advice as given earlier in the meeting remained the same in that the only legal advice to Members is that of the monitoring officer or of those instructed by him.

Members then questioned a number of points as follows:

·        Whether the evidence supplied to the Counsel on which he based his views was correct. Officers confirmed it was correct.

·        Confirmation that other Local Authorities without a Local Plan in place are seeing high numbers of planning applications coming forward. Officers confirmed they are aware that  this is happening elsewhere in country.

·        The question of Windfall sites and if they should be taken into account and the basis on which the Council have to consider them or not consider them. Officers confirmed that issues of housing supply including the consideration of windfalls will be covered in a future report to the LPWG.

Following further lengthy discussion a Member suggested deferral to enable Officers to further consider the submissions by the community group. Other Members argued that the advice being provided within the report should be accepted by Members and any further delay to the Local Plan is unacceptable.

It was moved and seconded to defer a decision on the principle of safeguarded land. When put to the vote this motion was lost.

It was then moved and seconded to approve option one. When put to the vote this motion was carried.

Recommended: That Cabinet be recommended to agree Option 1 to the report to include safeguarded land designations in the Plan to ensure that the Green Belt will endure for a minimum of ten years beyond the end of the Plan period.

Reason:     So that a National Planning Policy Framework (NPPF) compliant Local Plan can be progressed.