Decision by council to withdraw Local Plan put on hold after monitoring officer threatens issue of Section 5 report

Basildon Council has suspended its decision to withdraw the Emerging Basildon Borough Local Plan, after the local authority’s monitoring officer warned that he would be required to issue a report under section 5 of the Local Government and Housing Act 1989.

On 10 February 2022 the council decided at an extraordinary council meeting to approve an emergency motion which resolved to withdraw the Local Plan.

The motion moved by Cllr Andrew Baggott, Leader of the Council, stated the reason for the withdrawal was 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.”

The motion was passed with 24 councillors in favour, three against and one abstention.

On the same day the council’s website hosted a notice revealing that Paul Burkinshaw, Basildon’s Director of Corporate Strategy & Governance and Monitoring Officer, had written to all councillors regarding the decision.

This read:

“I am writing to you following the decision at the Extraordinary Council Meeting held on 10th February 2022 to approve the Emergency Motion which resolved to withdraw the Emerging Basildon Borough Local Plan.

Section 5 of the Local Government and Housing Act 1989 places a duty on myself as the Council's Monitoring Officer, if at any time it appears to me that any proposal, decision or omission by the authority, has given rise to or is likely or would give rise to a contravention of any enactment or rule of law, or maladministration, to prepare a report to the authority with respect to that proposal, decision or omission.

As I advised all Members of the Council present at the above meeting, if a decision was made to approve the motion, which it was, then I considered that I would be required to prepare such a report.

I am now writing to confirm that I shall be preparing such a report in consultation with the Chief Executive as Head of Paid Service and the Chief Financial (Section 151) Officer, as required. I will arrange for a copy of the report to be sent to each member of the authority as soon as practicable after it has been prepared.

Section 5 of the above Act also places a duty on the authority to consider this report at a meeting held not more than twenty-one days after copies of the report are first sent to members. It also places a duty on the authority to ensure that no step is taken for giving effect to the decision in the motion at any time while the implementation of the proposal or decision is suspended in consequence of the report.”

A spokesperson for Basildon said that the motion has been suspended while the council reviews its decision-making process. "However, we expect to be in a position in the very near future to progress this."