Meeting documents

Venue: Room 6, Capswood, Oxford Road, Denham

Contact: Kulvinder Tumber 

Items
No. Item

28.

Declarations of Interest

To receive any declarations of interest

Minutes:

There were no declarations of interest.

29.

Exclusion of Public

To resolve that under Section 100A(4) of the Local Government Act 1974 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act

 

 

Minutes:

"that under Section 100A(4) of the Local Government Act 1974 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act "

 

Paragraph 5

Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

30.

Proposed Publication of Draft Report on Northern Extension of Slough by Slough Borough Council

Paragraph 5

Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

Decision:

Cabinet received a report which informed members about Slough Borough Council’s intention to publish a draft report commissioned through consultant, Atkins, setting out details of their proposed northern extension of Slough within South Bucks District and consider what action should be taken in response. 

 

Approval for this item to be considered in private by the Cabinet on 11 September 2017 was received from Councillor Malcolm Bradford (Chairman of South Bucks District Council Overview and Scrutiny Committee) who agreed that the item was urgent and could not reasonably be deferred.

 

It was noted that the report had also been considered by the Chiltern and South Bucks Joint Committee on 11 September 2017.

 

Cabinet expressed considerable concern about Slough Borough Council’s intention to publish the draft Atkins report in its current form. It was considered that in doing so Slough Borough Council was acting outside of its relevant statutory powers, due process and the Duty to Cooperate and as if they were the Local Planning Authority and Highway Authority for South Bucks District.

 

Members acknowledged that Slough Borough Council can lawfully promote or support development of land outside its administrative boundary where this is in the interest of its own borough and to commission and assemble an evidence base to support this. However, it was noted that the form and content of the draft Atkins document is far removed from a collation of evidence demonstrating the in-principle acceptability of a Northern Extension or informing the wording of policy.

 

As a result Members were concerned that Slough Borough Council were not acting in the public interest by publishing the draft report and could cause confusion and mislead the public, organisations, landowners and developers including potentially falsely encouraging the incurring of costs and investment. They also noted that South Bucks and Chiltern District Councils and Bucks County Councils, are being forced to respond to Slough Borough Council’s actions outside of due process which is deflecting resources away from local plan preparation.

 

It was noted that the Planning Policy Manager had raised these concerns with his counterpart at Slough Borough Council and submitted detailed comments on the draft report. Bucks County Council had also submitted comments in their statutory role for strategic planning on highways, transport, flooding, education and minerals and waste matters. Slough Borough Council had also been asked to identify which statutory powers they relied on in commissioning the draft report and how in its current form, the report was a rational exercise or any such power in view of the confusion it will give rise to. It was noted that in response Slough Borough Council stated that having taken legal advice there was nothing to prevent them producing the Atkins report in its current form and that they intended to make it public at some stage after a forthcoming Duty to Cooperate meeting on 12 September 2017.

 

The Planning Policy Manager updated Cabinet on discussions with his counterpart at Slough Borough Council regarding a statement summarising the Councils’ concerns about the draft  ...  view the full decision text for item 30.

Minutes:

Cabinet received a report which informed members about Slough Borough Council’s intention to publish a draft report commissioned through consultant, Atkins, setting out details of their proposed northern extension of Slough within South Bucks District and consider what action should be taken in response. 

 

Approval for this item to be considered in private by the Cabinet on 11 September 2017 was received from Councillor Malcolm Bradford (Chairman of South Bucks District Council Overview and Scrutiny Committee) who agreed that the item was urgent and could not reasonably be deferred.

 

It was noted that the report had also been considered by the Chiltern and South Bucks Joint Committee on 11 September 2017.

 

Cabinet expressed considerable concern about Slough Borough Council’s intention to publish the draft Atkins report in its current form. It was considered that in doing so Slough Borough Council was acting outside of its relevant statutory powers, due process and the Duty to Cooperate and as if they were the Local Planning Authority and Highway Authority for South Bucks District.

 

Members acknowledged that Slough Borough Council can lawfully promote or support development of land outside its administrative boundary where this is in the interest of its own borough and to commission and assemble an evidence base to support this. However, it was noted that the form and content of the draft Atkins document is far removed from a collation of evidence demonstrating the in-principle acceptability of a Northern Extension or informing the wording of policy.

 

As a result Members were concerned that Slough Borough Council were not acting in the public interest by publishing the draft report and could cause confusion and mislead the public, organisations, landowners and developers including potentially falsely encouraging the incurring of costs and investment. They also noted that South Bucks and Chiltern District Councils and Bucks County Councils, are being forced to respond to Slough Borough Council’s actions outside of due process which is deflecting resources away from local plan preparation.

 

It was noted that the Planning Policy Manager had raised these concerns with his counterpart at Slough Borough Council and submitted detailed comments on the draft report. Bucks County Council had also submitted comments in their statutory role for strategic planning on highways, transport, flooding, education and minerals and waste matters. Slough Borough Council had also been asked to identify which statutory powers they relied on in commissioning the draft report and how in its current form, the report was a rational exercise or any such power in view of the confusion it will give rise to. It was noted that in response Slough Borough Council stated that having taken legal advice there was nothing to prevent them producing the Atkins report in its current form and that they intended to make it public at some stage after a forthcoming Duty to Cooperate meeting on 12 September 2017.

 

The Planning Policy Manager updated Cabinet on discussions with his counterpart at Slough Borough Council regarding a statement summarising the Councils’ concerns about the draft  ...  view the full minutes text for item 30.