Meeting documents

There were no declarations of interest.

There were no current issues to report.

To resolve that under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Act.

Note: the relevant paragraph number and description is included under the Minute heading.

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Paragraph 5 - Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Paragraph 5 - Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

Cabinet on 11 February 2014 considered and approved for public consultation and submission to the Secretary of State for Communities and Local Government the Pre-Submission version of the Delivery Development Plan Document (DDPD). Following the end of the public consultation exercise, Council on 13 May 2014, on the recommendation of Cabinet on 6 May 2014, delegated authority to the Head of Sustainable Development in consultation with the Head of Legal and Democratic Services and the Cabinet Member for Sustainable Development to submit the DDPD to the Secretary of State for Communities and Local Government.

Around the time of the latter consideration by Cabinet and Council, the Council received advice from the Planning Inspectorate, as had all Councils close to submission of a plan, to seek legal advice before submission following recent examination outcomes and legal rulings. The Cabinet received a report requesting Members’ instructions regarding the submission of the Council’s Delivery Development Plan Document in the light of the recent judgements, legal rulings and legal advice received by the Council.

Members noted a further judgement in relation to a plan challenge in Wokingham had been received after the report had been written. It was recognised that further judgements were likely to continue to be made which could relate to the decision regarding the submission of the DDPD. However, it was felt that delaying a decision on the submission may expose the Council to greater risk, and as such it was recognised that a decision needed to be made on the best information available at the current time.

Members considered two options: to recommend that the Council reconfirms the decision made on 13 May 2014 to submit the DDPD as soon as possible for examination or to withdraw the DDPD and start work on a new single local plan. The risks associated with both options were then considered and discussed in detail.

It was felt important that if the Council agreed to reconfirm the decision to submit the DDPD that a commitment be made to prepare a new Local Plan in order to mitigate the risk of challenge to the Council as far as possible. The commitment to prepare a new Local Plan would include carrying out an objective assessment of housing needs; a commitment to seeking to meet those needs in full as far as is consistent with the policies set out in the NPPF, including a Green Belt review.

A number of non-Cabinet Members were then invited to speak. The risks associated with not submitting the DPDD were highlighted in particular. The importance of committing to prepare a new Local Plan and carry out the recommended supporting evidence was also emphasised, with timetabling being identified as a critically important issue.

Following a comment from a non-Cabinet Member it  ...  view the full minutes text for item 4.