Agenda item

To consider the report of the Chief Planning Officer that seeks endorsement from Panel Members to recommend to Council that the 37 proposed Main Modifications to the remitted part of the Site Allocations Plan be submitted to the Secretary of State for independent examination.

(REPORT TO FOLLOW)

Further to the minutes of the meeting held 11^th December 2020, the Chief Planning Officer submitted a report which informed Panel Members of the representations received as part of the Main Modifications to the Site Allocations Plan Remittal consultation 5^th January to 16^th February 2021, and outlined the Council’s proposals in response.

With the agreement of the Chair, the submitted report had been circulated to Panel Members as a late item of business prior to the meeting for the reasons as set out in section 4.5 of the submitted report, and as detailed in Minute No. 54.

The following information had been appended to the submitted report:

o  39 Main Modifications to the remitted part of the SAP (Appendix 1)

o  A Sustainability Appraisal Addendum (Appendix 2)

o  An Addendum to the SAP Report of Consultation (Appendix 3)

o  An Addendum to the SAP Habitat Regulations Assessment (Appendix 4)

o  A background paper containing evidence in support of the Council’s approach having taken into account the views of representors (Appendix 5)

o  Evidence in support of the submission

The Principle Planner (Local Plans) presented the report, noting that 441 duly made representations had been received from 249 respondents, 382 in support of the Council’s proposals, 49 objecting and 10 neutral. It had also been confirmed that:

·  3 representations had been received after the consultation period ended;

·  284 of the representations received related to sites in the Aireborough HMCA, with 281 representors supporting proposals to retain those sites as greenbelt;

·  76 representations received related to all of the proposed sites, with 94 in support of the proposals, 22 objecting and 10 neutral;

·  The supportive representors comprises members of the public, community representatives, as well as a number of locally elected Members;

·  The objectors to the Council’s approach were principally developers, house builders or their agents;

·  The majority of the representations received, supported the Council’s approach to retain 37 sites as greenbelt land;

·  The headlined issues of those objecting included:

o  An imbalanced spatial distribution with Core Strategy Policy SP7 not being delivered;

o  An overreliance of brownfield sites in the city centre and inner areas;

o  Delivery and viability of city centre sites and impact on land supply

o  Effects of COVID-19;

o  Housing mix;

o  Loss of affordable housing in outer areas;

o  The loss of school provision in the outer areas, and provision in the city centre and inner areas;

o  The status of safeguarded land;

o  Exceptional circumstances for the allocation of 37 sites could be demonstrated when housing distribution, affordable housing, housing mix and school capacity were taken as a whole;

o  Issues had been raised in relation to specific sites HG1-250 and MX238.

·  Comments were received from a number of statutory consultees and raised no objection to the proposed Main Modifications;

·  148 representations were made to the SA Addendum; subsequent amendments have been made to include the assessment of Option 4 including Barrowby Lane.

In relation to mixed housing and employment site MX2-38, (Barrowby Lane) it was noted that the Council had considered the representation submitted by the owners of the site, requesting its inclusion within the SAP solely for general employment. In light of the overall 53 hectare deficit in employment land arising after updated evidence was presented, officers considered that exceptional circumstances had been demonstrated for the whole 21 hectare site for employment uses. The change to Main Modification MX2-38 was considered by the Council to be justified, and therefore the Council proposed to retain Main Modification 8, with the effect of deleting site ‘MX2-38 Barrowby Lane Manston LS15’ as a housing allocation from Policy HG2, and proposed an additional Main Modification for site EG2-37 Barrowby Lane, Manston, LS15 proposing to allocate the whole 21 hectare site solely as a general employment allocation under policy EG2, within the East Housing Market Characteristic Area.

Members’ discussion focused on the Council’s proposal to allocate the whole 21 hectare Site MX2-38 for general employment. Whilst the pressures on employment land had been acknowledged, concerns were raised in relation to the ‘need’ to demonstrate specific evidence in the future on that site. In responding to a comment regarding a phased approach in releasing Site MX2-38, Members were informed that the Core Strategy (which sets strategic policy) does not have a phasing approach to the allocation of employment land. Officers noted that justification and evidence for the release of the land for employment was contained in the Background Paper to the report and that further technical monitoring information in support of that would be submitted to the Secretary of State, in relation to the soundness and detailed evidence for the release of Site MX2-38.

Additional comments related to representations received on behalf of housebuilders, and the outcome of the High Court Judgement, that remitted 37 sites to the Green Belt as a result of exceptional circumstances not being made.

Members considered in detail the recommendations as contained within the submitted report and the format upon which they should be voted upon.

In considering and discussingsuch matters, and further to

·  a motion put by Councillor McKenna that the recommendations be voted upon as per the submitted report, which was not formally seconded at that time;

·  a motion moved by Cllr Carter and seconded by Cllr Campbell, which was subsequently formally withdrawn, that the recommendations in the submitted report be amended so that the proposals regarding Main Modifications 1 – 38 be voted upon separately to that of Main Modification 39, it was:

Moved by Cllr C Gruen and seconded by Cllr A Carter that the recommendation within the report regarding Main Modifications 1 – 38, that the Panel recommends that such sites be deleted from Policy HG2 Housing Allocations, be voted upon separately to the recommendation within the report regarding Main Modification 39; and subsequent to this, it was 

Moved by Cllr Ritchie and seconded by Cllr Campbell that the recommendation within the report regarding Main Modification 39, that the site formerly MX2-38 be allocated for General Employment (EG2-37) be voted upon separately to the recommendation within the report regarding Main Modifications 1 – 38.

The Panel then agreed to proceed on the basis of the 2 motions which had been moved and seconded, and it was

RESOLVED - 

(a)  That the contents of the submitted report and appendices, be noted;

(b)  That the assessment of the representations received in response to the consultation on the proposed Main Modifications and supporting documents, be noted;

(c)  That in line with the motions set out above, and following the separate vote undertaken by the Panel regarding Main Modifications 1 – 38, unanimous approval be given that the Panel recommends that such sites be deleted from Policy HG2 Housing Allocations; and following the separate vote undertaken by the Panel regarding Main Modification 39, approval be given that the Panel recommends the allocation of site formerly MX2-38 for General Employment (EG2-37);

On the separate vote specifically regarding Main Modification 39, the following Members abstained from voting:

·   Councillor A Carter

·   Councillor B Anderson

·   Councillor D Collins

·   Councillor C Campbell

(d)  That following resolution (c) above and the separate votes undertaken by the Panel on such matters, Executive Board be recommended to:-

(i)  Note the comments of the Council’s Development Plan Panel meeting on 2^nd March 2021 and consider the assessment of representations received in response to the consultation on the proposed Main Modifications and supporting documents; and

(ii)  Recommend to full Council that it:-

(a)  approves the proposed 39 Main Modifications to the Remitted part of the Site Allocations Plan (in Appendix 1), the Sustainability Appraisal Addendum (in Appendix 2) and supporting material be submitted to the Secretary of State,  pursuant to Section 20 of the Planning and Compulsory Purchase Act 2004 as amended, for the purpose of Examination by an independent inspector;

(b)  invites the independent inspector appointed to hold the Public Examination, to make modifications to the Remitted part of the Site Allocations Plan, pursuant to Section 20 (7C) of the Planning and Compulsory Purchase Act 2004 as amended in order that it is sound and legally compliant;

(c)  delegates authority to the Chief Planning Officer, in consultation with the Executive Member for Climate Change, Transport and Sustainable Development, to (a) approve the detail of any updates or corrections to the submission material and any further technical documents and supporting evidence required to be submitted for consideration at future hearing sessions, (b) continue discussions with key parties, including via statements of common ground and suggest to the Inspector any further Main Modifications, edits and consequential changes necessary to be made to the Remitted part of the Site Allocations Plan following Council approval, during the Examination and (c) prepare and give evidence in support of the Remitted part of the Site Allocations Plan.