Agenda item

The report of the Chief Planning Officer informs Members of the work undertaken since the High Court Judgment relating to the Site Allocations Plan statutory challenge, and the requirements for the remittal of a specific number of SAP policies to the Secretary of State for re-examination.  The report also sets out indicative timescales. On this basis, the report recommends that Members recommend to Executive Board that approval be given to commence consultation on the proposed Main Modifications to the SAP (Appendix 7).

(Report and Appendices 1 – 8 attached)

The report of the Chief Planning Officer informed Members of the work undertaken since the High Court Judgement relating to the Site Allocations Plan (SAP) statutory challenge, and the requirements for the remittal of a specific number of SAP policies to the Secretary of State for re-examination. The report also set out indicative timescales. Members were asked to recommend to Executive Board that approval be given to commence consultation on the proposed Main Modifications set out at Appendix 7 of the submitted report.

The following had been appended to the submitted report:

o  Appendix 1 – List of Sites within SAP affected by High Court Judgement and returned to the Green Belt until re-examined

o  Appendix 2 – Map showing location of allocations subject to SAP remittal

o  Appendix 3 – Strategic Housing Land Availability Assessment (SHLAA) Main Report

o  Appendix 4 – Five Year Housing Land Supply Statement

o  Appendix 5 – Sustainability Appraisal Addendum

o  Appendix 6 – Draft Habitats Regulation Assessment (HRA) Addendum

o  Appendix 7 – Proposed Main Modifications

o  Appendix 8 – Equality Diversion Cohesion Integration Screening

The Principal Planner (Local Plans) and the Principal Planner (Major Projects) were in attendance, and presented the report. The report explained that the Court has ordered that the Council remit 37 Green Belt sites to the Secretary of State and the Planning Inspectorate for further examination against up to date evidence and policy. The following had been highlighted:

·  The remainder of the SAP remains adopted and unaffected from the remittal process;

·  The SHLAA has been updated to 1^st April 2020 and shows there is a 6.8 years’ worth of housing land supply;

·  The unprecedented uplift in the city centre market has boosted the overall picture of supply;

·  The outstanding stock of planning permissions is at the greatest level ever;

·  The Council has been in contact with landowners and their agents to collate evidence in order to make informed decisions about how sites will contribute to the future supply of housing in Leeds. Details of construction programmes provided to the Council will be reflected in the final 2020 SHLAA;

·  Table 1 of the submitted report details the Core Strategy and SAP requirement – outlining a strong position without the need for the remitted sites;

·  Issues related to the overall supply and distribution against HMCA indicative targets.

The Council had considered a number of options for a revised SAP within the existing plan period to 2028, and three reasonable options had been identified for remittal:

·  Option 1: Propose all 37 Green Belt sites as allocations in the SAP

·  Option 2: Propose none of the 37 Green Belt sites as allocations in the SAP

·  Option 3: Propose some of the Green Belt sites as allocations in the SAP on the basis they would help address housing shortfalls within individual Housing Market Characteristic Areas (HMCAs)

The Councils Preferred Option was Option 2, because it had more positive effects and fewer negative effects than the other alternatives. Option 2 was also in line with Policy SP1 and SP6 of the Core Strategy. It was noted that Option 2 did not fully address SP7 in relation to the distribution of housing land. Whilst it was acknowledged that the proposed option did not require any changes to be made to the SAP Habitats Regulations Assessment, the proposed deletion of the 37 sites lessened the likelihood of significant effects on European Nature Conservation designations.

Policy HGR1 of the adopted SAP requires a review to assess and address the need for additional housing allocations and safeguarded land designations post 2023 following the adoption of the Core Strategy Selective Review.. The SAP Remittal evidence shows there is sufficient land allocated for housing and identified safeguarded land to comply with the Core Strategy Housing target to 2028. It was confirmed that following the remittal process, it was anticipated that the Council would be in a position to demonstrate that Policy HGR1 has been met without additional need for allocations.

The Panel were requested to consider the Main Modifications as set out in the submitted report, and will be subject to a 6 week consultation.

The Panel discussed the following matters:

·  Clarity on the position of sites HG2-43 (Horsforth Campus), HG2-26 (Scarcroft Lodge) and HG2-150 (Land East of Churwell LS27) – whilst those listed are Green Belt sites, this did not stop the determination of planning applications, where exceptions applied or very  special circumstances were evidenced;

·  Progress on the Statement of Community Involvement (SCI) – the interim SCI has been formed via discussions with an engagement group. It was the intention to bring forward the full SCI before Panel Members subject to other approvals;

·  HMCA targets and including the supply of houses between 2012 – 2017 and windfall sites – it was confirmed this information would be included in a background document to provide further clarity;

·  Review of Policy SP7 – SP7 will be reviewed under the Local Plan update and considerations relating to the climate emergency will be able to inform planning for housing, and where that goes post 2028;

·  A Member requested a breakdown in figures on the distribution of completed dwellings (by HMCAs) in terms of Greenfield and Brownfield sites specifically for Morley North and Morley South. It was confirmed this information would be provided to the Member outside of the meeting;

·  Oversupply in the city centre and lack of greenspace across Inner City areas;

·  Clarity on the legal position regarding developers challenging the Council, in terms of costs related to work undertaken on the proposed remittal of the 37 sites – it was noted that developers had been provided with an opportunity during the 6 week statutory challenge period of the Legal Challenge, to engage in the process. As such, no challenges had been received; 

·  Deliverability and availability of brownfield sites, and work around maximising viable schemes in relation to affordable housing with developers.

RESOLVED –

a)  That the contents of the report, including appendices 1 – 8, together with the reason for Main Modifications, and related discussions during the meeting be noted;

b)  That Executive Board be recommended to approve the Main Modifications for public consultation, along with the supporting Sustainability Appraisal Addendum and all necessary technical background documents.