Secretary of State intervenes at another council set to consider withdrawing local plan

Mole Valley District Council has voted to continue with a draft local plan that involves building on the Green Belt, following a direction from the Department for Levelling Up, Housing and Communities forcing it not to withdraw the plan from examination.

The council submitted its draft local plan to the Secretary of State for Levelling Up in February 2022.

It later paused examination of the local plan following the announcement in December 2022 that the Government was set to reform the National Planning Policy Framework (NPPF).

A month later (January 2023), councillors proposed asking the planning inspector's view on removing all Green Belt sites from the draft plan in light of proposed reforms to the NPPF that would "make clear" that councils are not required to review and alter Green Belt boundaries if this would be the only way of meeting housing need in full.

Councillors were scheduled to consider three next-step options for its draft local plan in an extraordinary meeting yesterday (25 January 2024).

The three options were to withdraw the draft local plan, continue subject to Main Modifications (which would include allocation of land in the Green Belt), or seek a Main Modification removing all the Green Belt sites.

However, in a letter sent ahead of the meeting, the Minister for Housing, Planning and Building Safety, Lee Rowley, informed the council that withdrawing the plan from examination "would be a clear failure" by the council of the statutory test set out in 27(1) of the Planning and Compulsory Purchase Act 2004.

Section 27(1) of the 2004 Act gives the Secretary of State for Levelling Up powers to intervene if they consider a local planning authority is failing in terms of a local plan.

Cllr Margeret Cooksey moved that the council adopt the second option, that the council inform the Planning Inspector that it wishes to continue with the draft Local Plan Examination subject to the Main Modifications identified by the Inspector (i.e. maintaining the allocation of land in the Green Belt as submitted).

She said: "My view has not been reached easily, but we are backed into a corner with very limited options and firm evidence that development is being allowed in our Green Belt due to our high housing target and lack of delivery."

Councillors carried her motion, with 18 votes for, 12 against and one abstention.

In the letter explaining his reasoning, Rowley wrote that he had considered intervention criteria set out in the 2017 White Paper 'Fixing our broken housing market' in his decision.

Referencing the criteria, he said that the plan-making process had not progressed enough, the council had out-of-date planning policies, there was higher housing pressure and that intervention "would have the greatest impact in accelerating Local Plan production".

He also noted that delays caused by withdrawing the local plan could "significantly slow down Neighbourhood Plan progress" in the area and could also disincentivise other communities from coming forward to start the process.

Rowley said he was satisfied that intervention was justified and said the Secretary of State was exercising his powers under section 27 of the 2004 Act. 

The council was directed as follows:

1. Per section 27(2)(b): Not to take any step to withdraw the plan from examination and report monthly (from the date of this letter) to my officials on the progress with the examination. In accordance with section 27(8) of the 2004 Act, the Secretary of State's reason for making this direction is to avoid the unnecessary additional delay to having an up- to-date plan in place and additional expense that withdrawing the plan and preparing a new plan would cause.
2. Per section 27(4)(b): On conclusion of the examination, to publish the Planning Inspector's recommendations and reasons.
3. Per section 27(5)(b): On conclusion of the examination, to consider adopting the plan, including any main modifications recommended by the Planning Inspector deemed necessary to make the plan sound. In accordance with section 27(8) of the 2004 Act, the Secretary of State's reason for making this direction is to give the people of Mole Valley the best chance of having a sound local plan adopted in the near future, protecting the area in which they live from speculative development.

He warned further intervention would take place should the council delay or fail to comply with the directions.

The number of local planning authorities which have had the Department for Levelling Up, Housing and Communities intervene in their local plan process in the last few months is now in double figures.

Adam Carey

See also: Local plan intervention by the Ministry - William Upton KC takes a look at recent local plan action by the Ministers and the Secretary of State at the Department for Levelling Up, Housing and Communities.