Agenda item

a)    That the recent letter from the Local Plan Inspectors (appended to the report) addressed to Charnwood Borough Council in response to its proposal to introduce a Community Infrastructure Levy as a means of delivering the infrastructure required to support the Local Plan be noted;

 

b)    That it be noted that the letter, dated 5 November 2024, was brought to the attention of County Council officers by the Borough Council on 12 November and that officers will consider the letter and potential implications for the County Council, with further information for the Cabinet to follow in a supplementary report;

 

c)    That the latest position in respect of the Charnwood Local Plan is noted, including the potential implications for the Local Highway Authority in its role as statutory consultee arising from the Inspectors’ letter (as set out in paragraphs 21-37 of the supplementary report) and that the County Council is still awaiting a response from the Borough Council, which has been asked to confirm formally its intended course of action following the letter from the Local Plan Inspectors;

 

d)    That it be noted that the Borough Council is the authority responsible for making the Local Plan and ensuring its effective delivery and as such, it is required to demonstrate that the identified highways and transport mitigation can be delivered and that the Local Plan objective to increase the use of sustainable travel modes can still be fulfilled;

 

e)    That it be noted that the main published report to the Borough Council’s Plans Committee on 21 November, in relation to an appeal site P/23/1236/2, Land at Melton Road, Queniborough did not refer to the letter from the Inspectors of 5 November 2024, or its potential impact on either the Local Plan timetable or determining applications, and that the County Council will make its representations on this application directly to the Planning Inspectorate by 11 December;

 

f)     That it be further noted that the Borough Council published an Extras report in relation to appeal site P/23/1236/2, Land at Melton Road, Queniborough on the day of the meeting on 21 November. This report states that it is the Borough Council’s view that the letter from the Inspectors on the Draft Local Plan does not have a material impact on the assessment of the appeal proposal and that there should be no change to the recommendation;

 

g)    That it be noted that the Extras report in relation to appeal site P/23/1236/2, Land at Melton Road, Queniborough states that a paper will be taken to the Borough Council’s Cabinet on 12 December 2024 seeking approval to prepare a Community Infrastructure Levy and to revise the Local Development Scheme  and that, whilst process and timing will be determined by the Inspectors, at present the Borough Council anticipates that the Local Plan will be adopted during the summer of 2025. It remains to be seen if this projected timescale is achievable;

 

h)    That it be noted that until the County Council is formally notified of the Borough Council’s decision following the Inspectors’ letter, and the reasons behind recommendations to its Cabinet, the County Council is unable to take any action to assist in progressing the Local Plan;

 

i)     That it be noted that the Director of Environment and Transport will review the County Council's responses as statutory consultee on planning applications in Charnwood as appropriate;

 

j)     That the Chief Executive, the Director of Environment and Transport, and the Director of Law and Governance, following consultation with the appropriate Cabinet Lead Members, be authorised to take any appropriate action necessary to:

 

                 i.       Work alongside, support, and co-operate with the Borough Council as necessary to develop the further evidence requested by the Inspectors as speedily as possible, once the Borough Council formally confirms that it is seeking to take up the option put forward by the Inspectors to progress the inclusion of a Community Infrastructure Levy (CIL) in the Local Plan.

 

               ii.       Participate appropriately in the development and implementation of a CIL charging schedule in line with national guidance and seek to influence the adoption of a CIL as soon as possible, recognising the potential for work to be undertaken at risk ahead of possible further Local Plan examination sessions.

 

              iii.       Mitigate the impacts arising from the potential further delays to adoption of the Local Plan.

 

              iv.       Support the development of skills and knowledge to ensure appropriate infrastructure delivery mechanisms are in place across Leicestershire.

 

REASONS FOR DECISION:

 

The Inspectors’ letter to the Borough Council of 5 November sets out the latest position in regard to the emerging Local Plan.  The Inspectors have made clear that, in order for the Local Plan to be modified in the manner suggested by the Borough Council, further evidence is required, including viability evidence. Although it has been requested in writing, to date the County Council is yet to receive any responses to this development from the Borough Council.

 

The County Council only became aware of the Borough Council’s views on the letter by virtue of an Extras report which was published in respect of appeal site P/23/1236/2, Land at Melton Road, Queniborough, as no direct correspondence has yet been received from the Borough Council. This is disappointing and of concern, since the Inspectors’ letter has potentially significant impacts on the County Council as LHA, including the possibility of updating previously submitted evidence and potential further delays in the adoption of the Local Plan. The risks associated with delays to adoption remain as set out in previous reports to the Cabinet. 

 

These concerns about a lack of communication with the Borough Council follow previously expressed concerns about it only formally notifying the County Council (at officer level) on 7 October that it had informed the Inspectors on 4 October 2024 it was minded to prepare a CIL, having previously supported the launch of consultation on a Transport Contributions Strategy, which subsequently had to be withdrawn by the County Council.

 

However, the County Council has a duty to cooperate in the development of the Local Plan and will continue to do so over the extended Local Plan examination period.

 

The substantial number of sites allocated in the emerging Local Plan that have been (or could be in the near future) granted planning permission, without contributing to the delivery of the identified highways and transport measures due to the lack of an agreed mechanism to secure strategic contributions, have the potential to undermine the delivery of the necessary infrastructure over the life of the Local Plan.

 

County Council recognises the potentially negative impact of this on Charnwood residents and businesses and will therefore seek to mitigate these impacts are far as practically possible, with the primary means of mitigation the expedient adoption of a CIL.  These impacts include those associated with any further delays to the adoption of the Local Plan and approval of allocated sites in advance of an agreed mechanism to secure contributions to (and subsequent delivery of) strategic highways and transport measures.

 

No Leicestershire local authority has yet adopted a CIL schedule for highways and transport infrastructure, and therefore officers of the LHA would benefit from training and development alongside local planning authority (LPA) partners to support future delivery of local plans and successful delivery of highways and transport mitigation to support sustainable development.