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What local councils could do to stop an existing or emerging Core Strategy

June 24, 2010 by  

Rochford District Council says in its Press Release that it has to continue to proceed with its Core Strategy (CS) because although the Secretary of State, Eric Pickles, has announced the new Government’s intention to abolish the Regional Housing Targets (RSS) it has not passed legislation.

It has been said by other planners that Section 79 of the Local Democracy, Economic Development and Construction Act 2009 sets out the Secretary of State’s reserve power to revoke a regional strategy where the Secretary of State thinks it, necessary or, expedient to do so.

So if the Council wishes to deliver the promise of reduced housing development, especially on green belt, then why does it not lobby Eric Pickles, David Cameron and Nick Clegg for the use of Section 79?

Until the existing emerging Core Strategy is officially placed under revision those areas with large housing developments currently scheduled in the first 5 Years are, in my opinion, vulnerable to new, existing and revised planning applications on dismissal of appeals which none of us want in green belt.

These areas are as follows; (from the Core Strategy Submission Document)

West Rochford 450
West Hockley 50
South Hawkwell 175
East Ashingdon 100

There is already a planning application for 600 dwellings at Hall Road and one for 150 in the vicinity of Brays Lane, Ashingdon under ref 10/00374/OUT which will be approved or refused by the Council on 19 August 2010.  The DWH Appeal in Hawkwell for 330 could still be Dismissed but a new planning application for 175 submitted very quickly.

But the Council might consider in strategic policy that even if the RSS is abolished by force of law that it cannot produce an assessment of local housing needs per se or sufficiently quickly so as to re-denominate the 5 Year Supply of developable land thus leaving a planning policy vacuum. Under these fragile circumstances The Council might have little choice but to stick with the higher targets of the RSS as the only fallback that the Council has if it is avoid a deluge of planning applications and/or appeals with the associated high cost regime.
 
Indeed if you look at the structure of the CS it is really hard to see how it could reduce the emphasis on the development of green belt immediately as encouraged by Conservative Party policy which is now emerging as new Government policy.  It is not possible to bring forward development of brown field sites because these need to be vacated first !!
 
There would appear to be concern in the Council about how to conduct a local housing assessment because it has never done it before and in its Press Release dated 17 June the Council admits to be waiting for further guidance from Government. This is disappointing because I would have hoped that the Council would see this as a challenge and embark very quickly to adopting suitable methodology. 
 
There is talk in the Council that it seems to hope that the Government will require Essex County Council to be setting housing targets again when actually a radical re-assessment of local housing needs is required by our most local planning authority (LPA) as enabled by radical political change supported by local voters.  

An alternative might be to create a local housing assessment consortium with Council neighbours Chelmsford, Castle Point and Southend. A sort of sub regional housing target to replace the RSS when abolished.

If you live in Rochford, Hawkwell or Ashingdon then you might wish to ask your Council to lobby for Eric Pickles to use Section 79 of the Local Democracy, Economic Development and Construction Act 2009 sets out the Secretary of State’s reserve power to revoke a regional strategy where the Secretary of State thinks it, necessary or, expedient to do so.

And in readiness for legislation create a local housing assessment consortium with Council neighbours Chelmsford, Castle Point and Southend. A sort of sub regional housing target to replace the RSS. ON that basis the Council might be able to not just resist some planning applications but the ones that residents voted in the General Election and Local Elections that it did not want.

You might wish to read a more detailed review of the Implications of the Pickles Letter for the Rochford District Core Strategy which might be helpful to those people who have been asked by the Planning Inspector (letter here)conducting the Public Examination of the Rochford Core Strategy to comment further.

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