Agenda item

The Corporate Director of Place to present a report which sets out the Local Plan proposed modifications and associated evidence base, and seeks approval to commence consultation on the proposals in order to move forward with the Local Plan adoption process.

Note: Annexes 2, 4, 5, 6, 7 and 8 to the above report have not been included in the printed or PDF version of the agenda pack but are available to view online with the agenda.

Resolved:  (i)      That the schedules of modifications and evidence provided in Annexes 1 to 8 to the report and in Table 1 be approved, and that approval be given to commence consultation on the Proposed Main Modifications and the associated evidence base.

                   (ii)      That authority be delegated 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 on as set out in the Town and Country Planning (Local Planning (England) Regulations 2012 (Regulations 23,24,25 relating to Examination period).

                   (iii)     That authority be delegated to the Corporate Director of Place, in consultation with the Executive Member for Finance & 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, the Local Plan (as modified in accordance with the Proposed Main Modifications and the associated evidence base) and the Inspectors’ report be submitted to Full Council by the Leader, in consultation with the 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)     That the proposed list of Supplementary Planning Documents (SPDs) to be produced to support the implementation of the Local Plan be approved.

Reason:     To support the implementation of the Local Plan.

                   (vi)    That approval be given to prepare 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 the implementation of the Local Plan.

                   (vii)    That the evidence-gathering in relation to short term lets and HMOs be noted.

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

                   (viii)   That officers specifically address the issue of the Badger Hill petition on HMOs in respect of the appropriateness of an Article 4 direction to prevent the expansion of HMOs.

Reason:     To ensure that the issues raised in the petition are properly considered.

The Corporate Director of Place and the Head of Strategic Planning Policy presented a report which set out the proposed Local Plan modifications and associated evidence base, and sought approval to commence consultation on the proposals in order to move forward with the Local Plan adoption process.

During the examination process, the Planning Inspectors had identified a number of modifications required to make the Draft Plan ‘sound.’ A 6-week consultation on the Main Modifications and evidence base (as set out in the schedules annexed to the report and summarised in paragraphs 10-26) was proposed from early February 2023.  In addition, a revised set of Supplementary Planning Documents (SPDs) was proposed to replace those agreed by Executive in September 2018, as set out in paragraphs 28-50.  These included the SPD on Houses in Multiple Occupation (HMOs). The report also outlined proposals to undertake further research regarding an Article 4 Direction and short term holiday lets (paragraphs 51-56).  The Local Plan Working Group had raised a number of issues when considering the report at their meeting on 16 January 2023 but had not sought any changes to the recommendations.

In relation to matters raised under Public Participation and questions from Members, officers confirmed that:

·        The Local Plan would establish a Green Belt for York for the first time.

·        The proposed Green Belt boundary at St Peter’s (p. 284-285) had been moved to the flood bund on the advice of the Inspectors as it provided a clear boundary in accordance with policy.

·        Officers would clarify with St Peter’s school the accuracy of the map in terms of the footpath being protected.

·        Open spaces must be taken into account in proposals to develop sites that they abutted, as at Imphal Barracks / Walmgate Stray.

·        Developers recognised they must comply with the provision for Gypsies and Travellers (Annex 9, p.271) in order to obtain planning permission.

·        The Housing team were clear that the Osbaldwick Traveller site could accommodate provision with the necessary investment.

The Chair welcomed the report and the progress made on the Local Plan and thanked officers, the Planning Inspectors and the many residents who had engaged with the process.

Resolved:  (i)      That the schedules of modifications and evidence provided in Annexes 1 to 8 to the report and in Table 1 be approved, and that approval be given to commence consultation on the Proposed Main Modifications and the associated evidence base.

                   (ii)      That authority be delegated 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 on as set out in the Town and Country Planning (Local Planning (England) Regulations 2012 (Regulations 23,24,25 relating to Examination period).

                   (iii)     That authority be delegated to the Corporate Director of Place, in consultation with the Executive Member for Finance & 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, the Local Plan (as modified in accordance with the Proposed Main Modifications and the associated evidence base) and the Inspectors’ report be submitted to Full Council by the Leader, in consultation with the 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)     That the proposed list of Supplementary Planning Documents (SPDs) to be produced to support the implementation of the Local Plan be approved.

Reason:     To support the implementation of the Local Plan.

                   (vi)    That approval be given to prepare 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 the implementation of the Local Plan.

                   (vii)    That the evidence-gathering in relation to short term lets and HMOs be noted.

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

                   (viii)   That officers specifically address the issue of the Badger Hill petition on HMOs in respect of the appropriateness of an Article 4 direction to prevent the expansion of HMOs in the next Local Plan report to Executive.

Reason:     To ensure that the issues raised in the petition are properly considered.