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Rochford District Council – Suspension of Core Strategy

July 31, 2011 by  

Councillor John Mason’ s Speech in Full Council on 21 July 2011 opposing Suspension

Open Letter 1 following Full Council Decision to request Suspension

Open Letter 2 following Full Council Decision to request Suspension

The Portfolio Holder for Planning and Transportation, Councillor Keith Hudson, very kindly sent all Members of the Council two letters on Friday, 29 July.

  1. The Council’s Letter requesting Suspension
  2. A Letter from Mark Francois MP supporting the request

http://dl.dropbox.com/u/1063718/Letter_to_Inspector_re_suspension.doc

http://dl.dropbox.com/u/1063718/Letter_to_Laura_Graham_-_from_Mark_Francois_MP_29.07.11.pdf

http://dl.dropbox.com/u/1063718/minutes%20rdc%2021072011.pdf

The full story is in the Council’s Letter and the Minutes above.

The Council has quoted three precedents in its letter to Government Planning Inspector Ms. Laura Graham.

From the above Minutes “The situation the Council was in was not unique, the approach being suggested reflecting that taken by Inspectors in some other parts of the country.”

Had these been quoted in the Report making Recommendation which was debated in Council on 21 July I should have liked to have spoken about these before the Council made its written request.

Yes, they were all suspensions but you need to look at the detail.

South Wiltshire Core Strategy suspended August 2010 !!

Cllr John Brady, Cabinet member for economic development, planning and housing, said: “I am delighted the inspector has recognised that we find ourselves in highly unusual circumstances with the abolition of the RSS taking place towards the end of the Examination of the South Wilts Core Strategy. His agreement to suspend his report to allow us time to reassess our situation is most welcome.”

Note in 2010 !! Different circumstances to RDC and before any of the Cala Court Cases.

Surrey Heath Core Strategy suspended (est. March 2011)

“The planning inspector considers that there is insufficient justification to support the Council’s departure from the South East Plan’s housing requirement for the Borough. Bearing in mind the substantial level of housing need identified in the SHMA, the inspector considers this to be a potentially serious failing. In response, Surrey Heath has requested a suspension of the examination to enable more work to be undertaken.”

Again different circumstances to RDC. And before Cala II.

Luton/South Beds Core Strategy Examination suspended ( est. July 2011)

http://andrewlainton.wordpress.com/2011/07/05/the-legal-problem-that-got-the-lutonsouth-beds-core-strategy-examination-suspended/

Reading the above link and according to Andrew Lainton “The final point is a killer. The Joint committee had proceeded on the basis that the abolition of the RSS was material. At the time Mr Village wrote his letter we didn’t know the outcome of the Court of Appeal in Cala II. Now we do know.”

“The lesson is clear any LPA which has submitted a DPD taking into account the proposed revocation will be contrary to CALA II.”

Note before Cala II.  This looks critical according to Andrew Lainton who is a planning consultant.

This is the critical Para 24 from Cala II;

“It would be unlawful for a local authority preparing, or a Planning Inspector examining, development plan documents to have regard to the proposal to abolish regional strategies”.

My thoughts below;

Essentially, if the Inspector agrees to the suspension, she could be viewed as being in direct contravention of the principle established in the Cala II Appeal [para 24] as she would, in effect, be encouraging the authority to have regard to the proposal to abolish the Regional Strategy.

Should prove very interesting !!

Comments

Comments

2 Responses to “Rochford District Council – Suspension of Core Strategy”
  1. Editor says:

    Suspension Refused by Inspector here

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