Leeds City Council Site Allocations Plan Examination Position Statement on the examination of the Site Allocations Plan and the initial stages of the Selective Core Strategy Review Doc No. Leeds Local Plan Page 1 of 9
a What is the effect of the selective review of the CS on the soundness of the SAP? a.1 The effect of the Core Strategy Review (CSR) on the soundness of the SAP is considered to be minor and broadly contextual, not least because the scope of both Development Plan Documents (DPD) is substantially different. a.2 The Leeds Site Allocations Plan (SAP) is a DPD which has been foreshadowed in the Leeds Adopted Core Strategy (CS). The scope of the SAP is clearly set out in paragraph 1.6 of CD1/1 to: provide site allocations and requirements that help deliver the Core Strategy policies, ensuring that sufficient land is available in appropriate locations to meet the targets set out in the Core Strategy and achieve the Council s ambitions. a.3 The City Council s approach to the preparation of a sound SAP involves following the spatial strategy and housing requirement of the adopted, statutory plan (i.e. the Adopted CS). The SAP has been in preparation since 2013, with extensive rounds of consultation being undertaken at each regulatory stage. The Council s Executive Board has endorsed progression of the SAP to submission stage in February 2017, with a view to maintaining procedural momentum and its progress, and ultimately to have put in place, a development plan for the City Council that substantially delivers upon Government ambitions for plans to be in place by 2017. a.4 The City Council s approach to the preparation of the CSR is to commit to a review of the CS within 3 years of Adoption so as to reflect up to date housing and population projections (following a period of adjustment after the economic downturn). This is consistent with the online PPG in stating that: To be effective plans need to be kept up-to-date. Policies will age at different rates depending on local circumstances, and the local planning authority should review the relevance of the Local Plan at regular intervals to assess whether some or all of it may need updating. Most Local Plans are likely to require updating in whole or in part at least every 5 years 1. a.5 The Council s Executive Board signalled the initial scoping stage of this in February 2017. a.6 The scope of the CSR was agreed by Executive Board in February 2017 to include inter alia: updating the housing requirement in Policy SP6, considering and making any necessary consequent revisions to other parts of the Plan considering any implications for the spatial strategy; extending the plan period from 2012-2028 to 2017 2033; 1 ID:12-008-20140306 Page 2 of 9
updates to greenspace provision policies; incorporation of national housing standards. a.7 The soundness requirements are laid out in paragraph 182 of the NPPF which states: The Local Plan will be examined by an independent inspector whose role is to assess whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements, and whether it is sound. A local planning authority should submit a plan for examination which it considers is sound namely that it is: Positively prepared the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development; Justified the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; Effective the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities; and Consistent with national policy the plan should enable the delivery of sustainable development in accordance with the policies in the Framework. a.8 In preparing separate DPDs, which are subordinate to other DPDs and are positively prepared, the City Council observes section 19 (2) of the 2004 Act, which states: In preparing a development plan document or any other local development document the local planning authority must have regard to - (a) National policies and advice contained in guidance issued by the Secretary of State; (h) any other local development document which has been adopted by the authority. a.9 It is the Adopted CS which has considered different levels of growth and alternative strategies. These matters are not therefore within the scope of the SAP. Whilst there arises some more up-to-date, contextual, evidence on OAN there is no evidence or natural indication to suggest that this will have implications for the strategy of the CS against which the SAP is prepared. a.10 The SAP is submitted as an effective document which is deliverable over the plan period set under the CS. In time, the CSR may of course also take a view as to whether the SAP can endure for a revised plan period (i.e. 2017 to 2033). However, this is not a matter relevant to the scope of the SAP. Page 3 of 9
b What are the implications, if any, of proceeding with the SAP examination now that a selective review of the CS is underway? b.1 The implications of proceeding with the SAP examination now that a review of the CS is underway, are considered to be modest at their highest, and broadly contextual. The SAP examination remains unaffected. b.2 This is not least because the CSR is at an early stage and, in accordance with the Framework, is likely to attract limited weight. It is naturally not possible for the City Council to conclude definitively on the level of a future housing requirement for the period 2017 to 2033. This reinforces the fact of the very limited implications of the CSR on the SAP, whereby the CS provides here only a contextual direction of travel. Indeed, whilst the SHMA sets a revised OAN which is comparatively lower than the CS housing requirement this cannot at this stage be taken to form any new CSR planning requirement. b.3 Such considerations will of course crystallise once the CSR has been through further rounds of consultation, to test draft policies against the wider evidence base, to allow for the consideration of representations and issues such as the backlog against CS requirements, and approaches to be taken to household formation rates and economic ambition. b.4 It is also unclear how long the plan-making process for the CSR might take. The Council s ambition is for examination during winter 2018 but this could be delayed for any number of reasons. b.5 Finally, a key part of the CSR will be new methodology from Government on assessing housing needs. This was been delayed and is awaited. The implications of such revised guidance are therefore currently unknown. c What are the implications, if any, of not proceeding with the SAP examination now that a selective review of the CS is underway? c.1 The implications of not proceeding with the SAP examination now that a selective review of the CS is underway are very significant and likely to considerably harm the implementation of the Framework, the need to significantly boost the supply of housing and the objectives of the CS. The City Council is firmly of the view that the SAP examination should continue, as timetabled. If there is to follow any suggestion to the contrary, the City Council will of course wish to be given adequate notice of the point and to make full representations. c.2 Delays to the SAP would necessitate the withdrawal of the SAP. This would be contrary to the timescales set out in the Local Development Scheme. c.3 It is most likely that the City Council would, in this scenario, concentrate upon the preparation of the CSR or potentially a new Local Plan. The City Council Page 4 of 9
consider that the benefits of progressing with the SAP far outweigh any disbenefits (which do not, in the City Council s view arise, nonetheless) as the SAP will provide up to date allocations to be used in the determination of planning applications. c.4 It is the City Council s opinion that delay would be, by far, the greater prejudice, not least for the following reasons: the recent findings of the Secretary of State that Leeds does not have a five year housing land supply (which the City Council acknowledges is the position today) and is a 20% buffer authority mean that the SAP would be unable to remedy this situation, leading to an out-of-date plan and further accumulation of backlog against housing needs; recent performance since 2012 of completions that are lower than the CS annual requirement (of 3,660 homes per annum at a level not dissimilar to the initial levels of OAN being suggested by the SHMA), shows that there is a need to boost supply significantly without inappropriate delay, in order to help meet targets; delay to the SAP would be contrary to this objective; land considered to be unsuitable for housing development now, will continue to be at risk of ad hoc development which is not plan-led (as evidenced through the continuing process of appeals lodged by house builders on UDP PAS sites which the SAP proposes to retain as Safeguarded Land). d If the selective review were to conclude that the annual housing requirement is lower going forward than set out in the adopted CS, is there potential that land may be released from the green belt through the SAP to meet the requirements of the adopted CS, that may not have been necessary had the selective review concluded first? d.1 At this early stage of the CSR it is naturally difficult to be certain of a precise revised plan requirement, and its attendant consequences. Therefore, it is difficult to speak to here, somewhat speculatively, in terms of such detailed implications on the SAP. To the extent considered possible, this interface is explained more fully, in answer to questions b2 to b4, above. e If so, how is this to be addressed? e.1 Notwithstanding d.1 above, there are means of addressing any discrepancy between the CS target and a CSR revised requirement so as to ensure that the SAP remains positively prepared and effective. e.2 The City Council is confident that the SAP, as submitted, incorporates sufficient flexibility to prevent the release of land unnecessarily from the Green Belt. The Page 5 of 9
SAP contains policies to phase land release which defers development of 5,750 homes on Green Belt until the latter phases of the Plan are triggered by a lack of a five year housing land supply. e.3 Were the CSR to be adopted, with a lower housing requirement and a revised plan period, SAP sites could be held back by existing phasing mechanisms until such time as they are needed. e.4 Given the need to consider Green Belt boundaries for the long term it is also not inconsistent with the Framework to look beyond the CS plan period of 2012-2028 to the CSR plan period of 2017-2033 in identifying allocations of land for housing and safeguarded land as they relate to the permanence of the Green Belt boundary. In this regard, the longer term direction of travel signposted by the most up-to-date SHMA, is established. e.5 It is also stressed that the SAP also contains proposals to introduce new Green Belt in Leeds, in the Outer North East, which has the effect of a net increase once boundaries have been redrawn to accommodate allocations. e.6 If it were to be found that more Green Belt land was released than was required by the CSR housing requirement, any undermining effect would be transient up until the outcome of the CSR. At that time (currently timetabled for late 2018) the City Council could either request that the CSR Inspector consider measures to ensure that sites were not released until necessary e.g. through modifications to policies on safeguarded land or the City Council could seek a selective review of the SAP. It is the City Council s view that any potential undermining effect would be manageable. e.7 Finally, there remain outstanding objections to the SAP which will need to be addressed via the SAP Examination and, to the extent these are upheld, may bear upon land release. f In the Council s view, how should the release of Green Belt land through the SAP be considered in light of the selective review? f.1 In the Council s view, noting the flexibility and mechanisms as set out at e., above, the release of Green Belt should be considered as set out in the Submitted Plan. g Are the judgements of Oxted Residential Ltd v Tandridge DC [2016] EWCA Civ 414 and Gladman Development Ltd v Wokingham BC [2014] EWHC 2320 (Admin) relating to the examination of a subsequent or subsidiary plan and whether it can provide an opportunity to re-open or up-date matters that have previously been dealt with in the original plan Page 6 of 9
(such as an objective assessment of need), relevant to the consideration of the matters referred to above? g.1 Two case law authorities are posited and it is asked whether these are relevant to the Council s position. These are considered to be of varying, contextual relevance in so far as they illustrate the broad legal context for the SAP examination to proceed and for a determination to be made on soundness. But neither is considered to be directly on point with present circumstances. The full synopsis and ratio of each case will be well known to the Inspectors and is not rehearsed here. g.2 In Oxted Residential Limited v Tandridge District Council [2016] EWCA Civ 414 the Court of Appeal inter alia considered the question of whether it was lawful for a Council to adopt a DPD in support of a Core Strategy adopted under national planning policy for housing supply and superseded by the NPPF. It was concluded that it was lawful inter alia because, or in light of the fact that, the function of the DPD in question did not require an objective assessment of need for housing. g.3 In Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) the Council, having adopted a Core Strategy, was bringing forward a DPD (arguably analogous with the SAP) which had been foreshadowed in the Core Strategy and which was intended inter alia to propose policies for the detailed allocations of sites in order to accommodate the CS housing requirement. Paragraphs 31 to 35 of the Oxted judgment refer to the Gladman judgment. Points of relevance to the Leeds SAP are considered to include: i. there is nothing in the statutory scheme to prevent the adoption, for example of a development plan document that is making allocations consistent with an adopted core strategy, simply because the core strategy may require revision or amendment to afford it consistency with national policy (paras 61 and 62 of the Gladman v Wokingham judgment); ii. the NPPF does not require a development plan document which is dealing with the allocation of sites for an amount of housing provision agreed to be necessary to also address the question of whether further housing provision will need to be made (paras 63 to 65 of the Gladman v Wokingham judgment); iii. the proposition that an Inspector can t deal with the soundness of a DPD dealing with the allocation of necessary housing until further steps are taken to identify whether additional housing is required is difficult to reconcile with the NPPF s support for the timely preparation of plans (para 66 of the Gladman v Wokingham judgment); Page 7 of 9
iv. the notion that the policy in paragraph 47 of the NPPF can be used as a means of compelling a full, objective assessment of housing need before a DPD making allocations for housing need already established can be adopted is also unnecessary. An authority is under a statutory requirement, in section 17(6) of the 2004 Act, to keep its local development documents under review (para 67 of the judgment). g.4 Para 39 of the Oxted judgement refers to the case of Solihull Metropolitan Council v Gallagher Estates (the first instance decision ) in which it was concluded, on the facts, that by virtue of the scope of the local plan part 2 (which was to support the Core Strategy) the council in that case did not have to: i. substitute for the policies of the core strategy an amended or new strategy; ii. carry out an assessment of the housing needs that would have to be met in its area to satisfy the requirements of national policy as they are now, in para 47 of the NPPF; iii. use its evidence base to ensure that its Local Plan meets the full objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with the policies set out in (the NPPF). g.5 The judge in Solihull Metropolitan Council held that these measures fell within the scope of the Core Strategy, which the local plan part 2 supported. g.6 The City Council has already committed through its Local Development Scheme and commencement of Regulation 18 consultation activity to review the CS. Until such a time as a revised adopted housing requirement is in place it would be impossible for a SAP to be prepared in line with it. g.7 The City Council propose that the CSR and its evidence base (reflected in the most up-to-date SHMA) can provide the SAP Inspectors with peripheral information of a long term direction of travel. Consistently with case law, the City Council if of the view that the CSR cannot or should not, at this stage, foreshadow a request for modification to the SAP (e.g. to remove sites). h What are the anticipated timescales for an up-dated SHMA to be available? h.1 The Regulation 18 Scoping stage of the CSR was carried out in summer 2017, with 70 representations received on the scope of the Plan. The Council has also commissioned a Strategic Housing Market Assessment (SHMA) as required by paragraph 158 of the NPPF that requires that plans be based on adequate, up-to-date and relevant evidence and paragraph 159 which states Page 8 of 9
that local planning authorities should have a thorough understanding of the need for housing. h.2 The initial outputs of the SHMA (2017) point to a lower Objectively Assessed Need (OAN) figure for a revised plan-period of between 1 st April 2017 and 31 st March 2033. h.3 The SHMA remains in draft pending completion of individual area chapters. It can be made available to the SAP examination in draft format. The City Council understands that the SHMA will not be explored through the hearing sessions. i Conclusions i.1 This position statement seeks to assist the Inspectors in answering, as fully as possible, the questions set out. i.2 It explains that progression of the SAP concurrent with the CSR is necessary so as to ensure that the City Council has Local Plan coverage as soon as possible. In light of the recent decisions of the Secretary of State (and the City Council s acknowledgment) that the City Council has no five year housing land supply, the SAP is the sole appropriate means through which it may significantly boost the supply of housing. i.3 Whilst the OAN for the Council requires review, this review should not and does not need to be undertaken for each subsidiary DPD. To progress the planmaking process otherwise would be to significantly and prejudicially, slow it, which in the Council s opinion is, by far, the greater prejudice at this stage. i.4 The City Council is of the view that the SAP, as submitted, is sound. This is not disturbed by the context of the CS. The SAP also notably offers flexibility, including through the measures outlined above to ensure that there is no unnecessary release of Green Belt. 8 September 2017 Page 9 of 9