Agenda item

It was moved by Councillor Keal and seconded by Councillor Potter that;

    i.       The Local Development Scheme is agreed for use and published.

   ii.       To agree the principle of an extraordinary meeting of Policy and Resources in March to allow Members more time to consider the Publication of the Plan review.

Councillor Keal then explained that, as members were aware, there had been recent developments concerning the details of the legal advice received on 17 November 2022 concerning the proposed approach of rolling-on of the Ryedale for an additional 5 years, as part of its review.

The advice confirmed that this is a high-risk strategy, which was not in accordance with national planning policy and guidance, or the aligned planning acts which referred to the need to have regard to such national policy and guidance and it was without precedent. The risk of the plan review being found unsound at Examination in Public was, in the view of the King’s Counsel, ‘very high’. This was a risk which would ultimately rest with the new North Yorkshire Council, as the current Local Development Scheme already sets out that the formal stages of submission, examination and adoption would be under the jurisdiction of the newly formed Council.

The advice also made clear, on the basis of plan-making experiences with unitary bodies who have gone through this process, that their plan making has gone far beyond the 5 year timescale that the Structural Change Order identifies in which to produce a plan. Plans have taken in excess of a decade and some have been withdrawn after many years in the making.

The review of the Ryedale Plan requires a 15 year time scale and this would involve additional policy considerations, as well as a greater number of sites.

This had immediate implications for requesting members to make a decision on the Local Development Scheme as it is currently written.

Officers will scope the additional policy considerations in the review of the plan and engage with the LGR Planning Policy Workstream to advise them of the position and outcome of this meeting. This will inform the updated Local Development Scheme.

It was considered that it remains important to undertake a revised ‘Key Decisions consultation’, which was a Part A item at the Policy and Resources Committee held on 10 November 2022.

Work on the review of the Ryedale Plan and associated planning policy would continue in earnest.

Councillor P Andrews moved and Councillor Burr seconded the following amendment;

That we defer discussion this item until we obtain a second opinion from a London based Senior Planning King’s Counsel.

Upon being put to the vote the amendment was lost.

Voting record

5 For

13 Against

Councillor Keal moved and Councillor Potter seconded the following amendment;

1. That Council defer this item so it can return to the next Policy and Resources Meeting with a full report and updated LDS.

2. That Council agrees to give delegated authority to make changes to the Key Decisions consultation document to reflect the plan period being 15 years, and to provide additional contextual references to this change, subject to the wording having the agreement of the Chair of Policy and Resources and the Chair of Planning Committee.

Upon being put to the vote the amendment was agreed.

Resolved

1.   That this item be deferred, so it can return to the next Policy and Resources meeting with a full report and updated LDS.

2.   That Council agreed to give delegated authority to make changes to the Key Decisions consultation document to reflect the plan period being 15 years, and to provide additional contextual references to this change, subject to the wording having the agreement of the Chair of Policy and Resources and the Chair of Planning Committee.

Voting record

13 For

5 Against