Agenda item

(i)              That the outcomes of the Inspectors report into the examination of the Borough Local Plan 2020-2040 (appendices 1 and 2 to this report), be noted.

(ii)                    Notes that the Administration seeks positive engagement and, where possible, agreement with opposition groups on the respective positions towards the adoption of the Borough Council Local Plan (2020-2040) in advance of the meeting of Full Council.

The Interim Head of Service – Planning Policy presented a report considering the adoption of the Newcastle-under-Lyme Local Plan (2020-2040).  The local plan had ben submitted for examination in December, 2024.

The development of the plan had involved a number of consultation stages and had been informed by a significant evidence base.  Local plan examination hearing sessions were held throughout May and June, 2025, following which, changes were made and those were consulted upon in November/December, 2025.

The Inspector issued a final report on the plan in May, 2026 which marked the end of the local plan examination.  The Inspector concluded that the plan could provide an appropriate basis for planning in the Borough and could be found sound and legally compliant, subject to a list of main modifications – summarised at paragraph 2.2 of the agenda report.  No further changes could now be made to the plan. 

Options available to the Council presented a binary choice; to adopt the plan with the modifications or to not adopt.

The Leader stated that the Council had written to the Planning Inspector following the final report in May, seeking to make amendments in terms of certain policies and also to open up the possibility of certain sites being removed and replaced if viable and asked the Interim Head of Service what the response had been.

The response had confirmed that the examination had ended and there was no way of changing any aspects of the plan.

Referring to recommendation 2, the Leader asked the Chief Executive if a change could be made, as he felt that there was still time to discuss the issue further with his group and to seek reassurances from other group leaders, particularly the Conservative group leader who instigated and delivered the draft local plan in the hope that he would second any motion coming before full council.  The Leader then proposed an amended recommendation (ii).

The Chief Executive stated that he would look at the amended recommendation wording, and what it would entail before the publication of the full council papers next week.

The Service Director – Legal and Governance/Monitoring Officer urged the Council to be careful if it did not accept the plan as it stood because it could leave the Council open to potential litigation.

The Leader asked, with the number of sites that were currently proposed within the local plan, how many currently had applications sitting or waiting and what would the likely outcome be if the local plan was not adopted and planning applications were put in for those sites.  Could the Council reject them or would appeals and costs be faced and, if so, what costs would be associated with such appeals.

The Interim Head of Service advised that applications had already been made to locations included in the plan  and the Council was aware of other proposed developments in the pipeline.

The Leader asked what would be the risk to all green spaces and green belt sites if the local plan was not adopted.

Not having an up to date policy context within the local plan may expose the Borough to speculative development in order to meet identified development needs.  The Council could not currently identify a five year supply of homes and also the possibility of direct intervention from the Secretary of State who had powers to approve the plan.

The Leader referred to a number of local authorities who had had their powers in relation to planning taken.  Would this council be at risk of that happening should the local plan not be adopted.

There had been recent examples in relation to powers in determining major applications and another authority had a direct intervention from the Secretary of State asking then to take certain actions in respect of their local plan.

The Leader was happy to take the first recommendation for the report but again asked the Chief Executive if the Administration could confirm on 3 July of its intention. 

The Chief Executive suggested wording that the Administration wished to see productive and engaging conversation with all groups, ahead of a decision and there was a wish from the Administration to have that in place ahead of the next full council meeting.

Resolved:    (i)       That the outcomes of the Inspectors report into the

examination of the Borough Local Plan 2020-2040 (appendices 1 and 2 to this report), be noted.

(ii)             Notes that the Administration seeks positive engagement and, where possible, agreement with opposition groups on the respective positions towards the adoption of the Borough Council Local Plan (2020-2040) in advance of the meeting of Full Council.

Watch the debate here