The Tale of South Essex’s Local Plans

Update 25th March 2022

Following the publication of this article, on the evening of 23rd March 2022, Brentwood Borough Council held and Extraordinary Council meeting and resolved to adopt their Brentwood Local Plan 2016-2033.

Unfortunately, in the same evening, Castle Point Councillors met to discuss the adopted of their Local Plan, which had been found sound by Inspectors. Instead, all political parties bar one Councillor decides to not adopt the Castle Point Local Plan, with particular concerns about the amount of housing being proposed on Canvey Island. The plan has not been formally withdrawn, like in Basildon (see below), but is a significant set back in their local plan process. Expect to see a number of developers who had allocated sites now seek to secure planning permission by appeal. It is difficult to see how allocations, found sound by the Planning Inspectors, can be defended against development where the current local plan is now out of date. Furthermore, these were sites which the Council had proposed for development, had consulted extensively on and had supported their allocation right up to the evening of the proposed adoption - a difficult position for the Council and particularly their Planning Officer’s to find themselves in.

Basildon Borough Council

It was widely reported in local and sector news that at a meeting held on Thursday, 3rd March 2022, Basildon Borough Council resolved to withdraw the Basildon Borough Local Plan from examination.  The formal letter to withdraw the plan was sent to the Planning Inspectorate on 4th March 2022.

The Leader of the Council suggests that the reason for the withdrawal is because:

“The Local Plan in its current form is bound by algorithms set by the government.  These determine how many homes the borough must build in the next decade.  But that algorithm does not reflect or respect the unique qualities of our borough.  The greenbelt.  The infrastructure.  The diversity of our towns and villages.

We will continue to challenge the government on the national algorithm and ensure we develop the right plan for our borough.”

However, the emergency motion to withdraw the plan was raised on the following ground:

“The reason for the withdrawal is based upon, in part, to the current Conservative Administration views and beliefs in placing a greater emphasis on protecting the Greenbelt for current and future generations than the previous administration.

The withdrawal will in addition give the Full Council an opportunity to make a new plan, one which will seek to address other concerns, which includes, but not exclusively, the town centre regeneration and the high-rise developments.”

While some issues are likely to be changed in another plan, it is difficult to predict exactly what an alternative plan may look like or how it may differ, given the evidence base is likely to be the same.

This is a significant step backwards for the Authority when they have a much-needed demand for housing.  This delay will ultimately affect their delivery and aim to meet their 5-year housing targets.

We are aware of, and have worked with, landowners who have had sites up for allocation for the last 15 years in some form of the plan, or other, waiting for the adoption of the document before progressing to an application.  If you had a draft allocation within the recently withdrawn plan, our advice would be to submit a planning application, if you haven’t already, and then ultimately go to appeal.  Over recent years this has proved successful with Green Belt sites in York, Tonbridge and Malling and South Oxfordshire, where local plans were out of date or non-existent.

If you believe that you have a site, that might be suitable for development within the Borough, please feel free to contact us, and we can advise on the latest position on the local plan and the ‘Call for Sites’ process.

Brentwood Local Plan 2016-2033 and New Castle Point Local Plan 2018-2033

In contrast to their neighbouring Essex authority, both Castle Point Borough Council and Brentwood Borough Council received the Inspector’s report on the New Castle Point Local Plan 2018 – 2033 (received 3rd March) and Brentwood Local Plan 2016-2033 (received 23rd February) respectively.  Both reports conclude that subject to modifications, the plans are sound, legally compliant and capable of adoption.

The Brentwood Local Plan 2016-2033 is now expected to go to the Extraordinary Council meeting on 23rd March 2022 with a recommendation for adoption.  Ahead of the Council meeting an updated version of the Local Plan which incorporates the recommended main modifications will be published.

If adopted, the Brentwood Local Plan 2016-2033 will replace the Brentwood Replacement Local Plan, August 2005 (Saved Policies, August 2008).  The policies within the Local Plan will then be used by the Council to determine planning applications.

https://www.brentwood.gov.uk/-/inspectors-report

Castle Point have only at this stage suggested that they will consider the Inspector's report.

https://www.castlepoint.gov.uk/new-local-plan/

Essex Strategic Local Plans – Latest March 2022

According to the latest Government figures, the following is the status of the Essex Local Authorities Plans containing strategic policies as of 16th March 2022.

* Basildon Borough Council withdrew their Local Plan from examination on 3rd March 2022

** Uttlesford District Council voted to withdraw it’s Local Plan from examination on 30th April 2020 following concerns raised on the soundness of the plan by the Inspectors.