Minister threatens legal action as council prepares to vote on withdrawing local plan

The Housing and Planning Minister, Matthew Pennycook, told the council on Monday that, should the council back the motion, he would be “forced to consider all appropriate steps available […] including taking over the plan and potential legal action”.

Pennycook directed Basildon to advance its local plan in July this year after warning that delays had put its adoption under the current plan-making system in "serious jeopardy".

His directions required the council to launch a public consultation on the plan and ultimately progress it through to the conclusion of the examination process.

However, councillors are now set to vote on a motion calling for the council to prevent its local plan from further progressing beyond the Regulation 19 stage.

The motion, which is scheduled to be considered on Monday (26 October) evening, raises concerns about the infrastructure needed to support the 29,000 homes proposed as well as the inclusion of "substantial" green belt development.

It says that "serious concerns" have been raised regarding the adequacy of the infrastructure evidence underpinning the current Local Plan, particularly in relation to transport and education provision.

"Residents across Basildon, Billericay, Wickford and the wider Borough have repeatedly expressed concerns regarding congestion, school places, healthcare capacity and the loss of Green Belt," it adds.

In light of these concerns, the motion calls on the council to convene an extraordinary meeting to consider the future of the plan, withdraw it from further progression beyond the Regulation 19 stage, and cease participation in the current plan-making process.

It also calls on the council to write to the Secretary of State for Housing, Communities and Local Government, setting out its concerns.

However, in a letter sent to Basildon on Monday, ahead of the vote, Pennycook warned that any decision to withdraw the plan would be unlawful and could result in legal action.

He said: "I must take this opportunity to raise serious concerns in respect of the proposed motion for consideration at your Full Council meeting this evening which, as you know, seeks to reduce the housing requirement for Basildon Borough and withdraw the emerging Local Plan from further progression."

The minister added: "I want to ensure absolute clarity and eliminate any potential ambiguity in relation to the proposal to halt the progression of the Plan. My direction of 21 July expressly requires the council to take no steps to withdraw the Plan.

"That direction remains in force, and the council is required to comply with it. Any decision to take steps to withdraw the Plan in defiance of the direction would be unlawful.

"Should the council nevertheless seek to do so, I would be forced to consider all appropriate steps available to me, including taking over the plan and potential legal action."

Pennycook said he had consistently sought to work constructively with the council to deliver an up-to-date local plan that meets the borough's needs and provides communities with greater certainty over where development should take place.

He urged all councillors to have regard to his July directions before considering the motion and to ensure that the authority continues to comply with its obligations.

The minister also reminded Basildon that it remains subject to a Best Value Notice.

"Against that wider background, I expect the council to demonstrate that it is acting responsibly, lawfully and in accordance with its statutory obligations," he added.

Adam Carey