Review of Policy H6 of the Chiltern District Local Plan:  opportunities for Scrutiny – mandatory and discretionary

The Chiltern District Local Plan is one of the Council’s Policy Framework Documents.  Before the Council can make any change to a Policy Framework Document it has first to be formally referred to the Scrutiny Committee. Furthermore during the process of reviewing the policy there are further opportunities for Scrutiny to be involved if they so wish either through identifying from the Forward Plan a report that is to be reported to the executive and requesting it be considered first by Scrutiny or by ‘Call In’ or request to consider an item after it has been considered by the Executive.

The following schedule details the various stages in relation to the review of Policy H6 of the Local Plan as requested by the Scrutiny Woking Group.  For completeness some stages that have already passed have been included since the approach has general applicability to other Policy Framework Documents although those will not also have to satisfy the statutory planning procedures associated with Local Plan Reviews.  These statutory requirements make the review of the Local Plan more complicated than the Review of any other Policy Framework Document.

Stages in the Process of Reviewing Policy H6

Despatch of Executive Papers for September meeting of the Executive including Forward Plan making first reference to ‘Review of Affordable Housing Policy’ scheduled for October meeting of the Executive - 28th August 2002

Opportunity for Scrutiny to request to consider item prior to consideration by the Executive

Report on ‘Proposed Alteration to the adopted Local Plan Policy H6’to Executive on 8th October 2002.  The report stated that ‘In view of the fact that no change is proposed to the policy at this stage, the decision to undertake public consultation can be taken by the Executive’. It went on to say that ‘the Executive/Scrutiny/Council meetings considering the responses to public consultation will be January/February 2003’ and agreeing the revised Policy ‘to go on deposit’ (this is a statutory stage in the local plan review  process).

Opportunity for Scrutiny to ‘call in’ decision or request report to be put on Scrutiny Committee Agenda for discussion/review.

Report on ‘Proposed Alteration to the adopted Local Plan Policy H6’ to Executive on  14th January 2003.  Report covers consultation responses and proposes amendment to Policy H6 to go on Deposit.  

Formally referred to Scrutiny as amendment proposed to Policy Framework Document.  Scrutiny has six weeks to respond to the Executive.  Scrutiny may consider at their meeting on 21st January2003 or defer consideration to their meeting on 18th February 2003.  The latter option would allow a seminar on the planning aspects of housing provision, as recommended by the Scrutiny Working Group to be held and for that group to prepare or request officers to prepare a report for Scrutiny’s consideration.  Scrutiny may propose alterations or make other recommendations to the Executive.  Under the Constitution, Scrutiny has six weeks in which to respond to a proposed change to a policy framework document.

The Executive cannot consider Scrutiny’s response until the six weeks has elapsed.  Holding the seminar and considering the matter at the Scrutiny meeting of 18th February would not incur any additional delay since the earliest Council meeting that can consider the proposal is on 4th March and this would require a special meeting of the Executive.

The alternative to a special meeting of the Executive would be for Scrutiny’s response to be considered at the scheduled meeting of the Executive on 11th March 2003 and be recommended to the Council on 1st April 2003.  Officers would strongly support a special meeting of the Executive to minimise delay.

Following approval by Council the proposed alteration has to be placed ‘on deposit’ for a statutory period of six weeks to allow objections to be made to the proposed change.

The Forward Plan will indicate the earliest meeting (June) of the Executive that will consider any objections that would justify officers recommending a substantive alteration to the policy and/or reasoned justification.

Opportunity for Scrutiny to request to consider item prior to consideration by the Executive

The Executive would consider any objections that would justify officers recommending a substantive alteration to the policy and/or reasoned justification at a scheduled meeting probably in July and agree non-substantive changes arising from consultation.

Opportunity for Scrutiny to ‘call in’ decision or request report to be put on Scrutiny Committee Agenda for discussion/review.

Council agree amendments, if any, and place those amendments on 2nd Deposit for a further six week period.

Local Plan Inquiry Held

Inspector’s Report and Recommendations Received

Consideration of Inspector’s Report and Recommendations placed on Forward Plan

Opportunity for Scrutiny to request to consider item prior to consideration by the Executive

Executive consider Inspector’s Report and Recommendations and accept, reject or amend policy and/or reasoned justification.

Opportunity for Scrutiny to ‘call in’ decision or request report to be put on Scrutiny Committee Agenda for discussion/review.

Council adopts revised Local Plan Policy H6

GMG 9.1.03

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