Agenda item

To receive and consider the attached report of the Chief Planning Officer

  Members considered a report of the Chief Planning Officer on issues relating to Safeguarded Land/Protected Areas of Search (PAS), arising from work undertaken in the Member workshops.  The Head of Forward Planning and Implementation presented the report which set out the overall methodology for the provision of PAS land as part of the Site Allocations Plan workshop sessions and sought consideration of whether or not existing PAS sites which were not proposed for allocation, could be returned to the Green Belt

  As the Core Strategy established that new PAS should account for at least 10% of the total land identified for housing over the Plan Period, consideration had been given as to how to take this forward.  As some areas could not accommodate PAS, other areas would need to take more than a 10% share, with Officers using a figure of 19% as a working assumption

  Members discussed this  with the main issues being raised relating to:

·  the percentage rates for PAS and when these would be available

·  the figure of 19%; where this had emanated from whether the table in paragraph 3.9 of the submitted report had validity in view of some PAS figures being as high as 30%

·  the rationale for the figure of 19%

·  the way in which this had been conveyed to Members

·  concerns that some Councillors would be surprised at the PAS figures for their wards

·  the possibility of finding land to be designated as PAS in many areas

·  the need for clarity and transparency

·  the information provided to Elected Members in the workshops

·  the possibility of considering PAS sites later than the meeting scheduled on 13^th January

·  the need to consider carefully those Green Belt sites which were close to the boundaries with neighbouring authorities in order to avoid massive coalescence

·  the make-up of the figures and that brownfield sites with consents coming forward after the Plan Period should be taken account of

The following responses were provided

·  that the PAS figures would form part of the information to be considered by Development Plan Panel at its meetings in January

·  that the figure of 19% was an arithmetic calculation by Officers, presented to Members as a response to addressing the fact that some areas could not accommodate PAS land.  Whilst a figure of 10% could have been used, there would have been a shortfall (within the context of the definition of safeguarded land set out in national planning guidance)

·  that there had been little change since the workshops with Elected Members, other than changes subject to further discussion with Ward Members, so there should be few surprises once the information was made available

·  that the fairest and most equitable way, given the limitations of some areas to find PAS land was being proposed

·  that consideration of the Housing and PAS sites on 13^th January would enable Executive Board to consider the material in the round, with a view to Officers preparing a draft plan for public consultation later in 2015

·  the importance of retaining identity and to avoid coalescence; that Green Belt boundaries of neighbouring Local Authorities were being kept under consideration but there were difficulties as some Authorities were at different stages in the Development Plan process, however progress was being monitored in Leeds via the Duty to Co-operate process

·  that brownfield sites with consents were implicitly taken into account as there would always be recycling of land in the main urban areas

The Head of Forward Planning and Implementation then outlined the

second part of the report which related to returning PAS land to Green Belt  He outlined the position in respect of the tests set out in national guidance and recent court cases.  Members were informed the process was very challenging and that if a site was returned, it would be necessary to replace that site with another one, therefore this would have an impact on the totals in the Housing Market Characteristic Areas

  In respect of the future status of rural land, Members were informed there was some merit in exploring designating the UDP Rural Land area as Green Belt, although it would be necessary to satisfy the tests

  The Panel discussed this element of the report, with the key areas of debate concerning:

·  Government statements on Green Belt

·  the need to review the Green Belt which was a separate process from the Site Allocations process

·  that a proper review of Green Belt should be undertaken

·  that consideration should be given to revising some sites which were removed by the Inspector and where this had been the wrong decision

At this point the Head of Regulatory and Development outlined the way

returning Safeguarded Land to the Green Belt was being viewed by the courts and referred to recent judgements and the high test which needed to be met for a successful outcome

  Members commented further on this matter, in respect of:

·  the need to challenge decisions rather than just accepting them

·  that it was possible to return land to the Green Belt

·  the need to know when the total review of the Green Belt would commence and conclude

Officers advised that the position was that a review of the Green Belt

was required to accommodate development; the scope of the review being in SP10 and that this was being worked through currently

  The Executive Member Neighbourhoods, Planning and Personnel thanked Officers for their comments and stated the Inspector had not indicated a review of the Green Belt had to be undertaken at this stage and that if one was undertaken it would be necessary to do this properly with terms of reference, Member involvement and public consultation.  On the issue of returning PAS to Green Belt, clear legal advice had been provided.  In respect of the extent of PAS land a further report which clarified the issues was required to be presented to Panel in January.  In respect of informing Members where different percentage rates were to be considered, Officers had been asked to speak to Members in those wards which would be affected

  RESOLVED -  To note the report and the comments now made and that a further report setting out the clear position in respect of PAS land be provided to Members at their meetings in January