Agenda item

(Report of the Director for Planning , Regeneration and Development.To be introduced by the Cabinet Member for Planning)This report asks Members to note the Draft Interim Sustainability Appraisal Reports which are used as a technical evidence base to inform decision making in the preparation of the above documents.

Finally this report seeks approval from Cabinet to adopt the revised and updated Local Development Scheme (LDS) for 2015-2018.  

The Cabinet considered a report, introduced by the Cabinet Member for Planning, which sought approval to consult upon four development plan documents (DPDs): proposed alterations to Haringey’s Local Plan Strategic Policies (LPSP) which was adopted in 2013 and the “preferred option” drafts of the Development Management Development Plan Document (DM DPD), the Site Allocations Development Plan Document (Sites DPD) and the Tottenham Area Action Plan Development Plan Document (Tottenham AAP). Members were asked to note the Draft Interim Sustainability Appraisal Reports used as a technical evidence base to inform decision making in the preparation of the above documents. The approval of Cabinet was also sought to adopt the revised and updated Local Development Scheme (LDS) for 2015-2018. 

The attention of Cabinet was drawn to a tabled addendum setting out the comments and resolutions of the Regulatory Committee which considered the proposed suite of development plan documents at their meeting on 15th January 2015. The Committee had resolved to recommend that Cabinet approve the documents listed above for public consultation subject to the noting of two alternative amendments relating to affordable housing targets:

1.         The first amendment proposed to retain the current 50% borough wide affordable housing target for larger development sites against the proposed reduction to 40%, reflecting the concern of the Committee that this change would reduce the quantum of affordable homes built in the borough. The addendum to the report outlined the implications of the Committee’s proposed amendment, including the evidence base in place to support the officer recommended reduction to a 40% target. There was also a strong likelihood that the plan would be rendered ‘unsound’ on the grounds of deliverability should the 50% target remain on the application of tests applied under the National Planning Policy Framework 2012 against which local plans were assessed. The recommendation therefore put before Cabinet was to retain the officer proposed amendment to a 40% target to permit the change to the current policy position to be subject to public consultation.

2.         The second amendment proposed by Regulatory Committee was to reject the proposed amendment to Housing Policy SP2 (7) withdrawing the requirement for schemes below the 10 unit threshold to provide 20% affordable housing on site or financial contributions towards affordable housing provision. The addendum to the report outlined the implications of the Committee’s proposed amendment, including it being at odds with the recent planning policy statement made by the Secretary of State with the consequence of rendering the plan non-conforming and thereby unsound. The recommendation therefore put before Cabinet was to retain Policy SP2(7), and agrees its inclusion in the schedule unaltered thereby allowing the proposed change to be subject to public consultation and allow the matter to be examined on appeal ahead of Regulation 19 stage, whilst not explicitly proposing the deletion of the policy at the current time.

The addendum report also sought Cabinet approval for an additional recommendation to omit proposed site allocation SA49: Tile Kiln Lane Reservoir from consultation on the site allocations DPD following officer review of the site.

The Leader sought clarification from the Monitoring Officer on any potential legal ramifications of the Cabinet running counter to the two additional recommendations made by the Regulatory Committee. The Monitoring Officer and his representative identified that the Committee were designated as consultees with regards to the plans and reiterated the evidence provided within the addendum on the grounds set out for the officer recommendations. The significant risks were outlined of the plans not meeting the four tests of soundness under the National Planning Policy Framework should the Regulatory Committee amendments be supported by Cabinet. The result would be that the Council would be rendered unable to take forward a rigorous policy within which to deliver the borough’s new housing, affordable housing and employment targets.

In response to a question regarding the rationale behind the setting of the current 50% target for borough wide affordable housing for larger development sites given the deliverability evidence, officers confirmed that the existing policy position was justifiable and met the required standards at the time of adoption. The subsequent removal of the government’s affordable housing grant had been a key factor impacting on deliverability against this target and thereby the proposed reduction.

The Leader identified that concerns had been raised by the Haringey Association of Warehouse Communities regarding the allocation of commercial space and employment land in the borough against that for residential development. She confirmed an undertaking that the Council would work, via the consultation process, towards reaching an acceptable end point for both communities and the Council with regards to this issue. The Cabinet Member for Economic Development, Social Inclusion and Sustainability reiterated this commitment and identified that the economic development and growth programme would start to lay the groundwork for supporting integrated living and working within the borough.

The Leader requested that a Plain English version of the plans and the rationale behind Cabinet being unable to endorse the recommendations made by Regulatory Committee be circulated to all Members within the week.

RESOLVED

                     i.            Having had regard to the Regulatory Committee recommendation 1, the most up to date viability evidence, and to the risk posed to the soundness of the suite of local plan documents before it, that approval be granted for the retention of Alteration 49 in the Schedule attached at Appendix A to the Cabinet report for consultation with the amended 40% Borough-wide affordable housing target retained.

                   ii.            To acknowledge recommendation 2 of the Regulatory Committee above to reject Alteration 51 and to retain Policy SP2(7), but approve that Policy SP2(7) be included in the Schedule unaltered.

                  iii.            To further approve consequential textual amendments to Section 1.5 of the draft document to make clear that the Council is inviting comment on Policy SP2(7), enabling comment to be invited on its proposed retention.

                 iv.            That the recommendation to approve consultation on the “preferred option” draft of the Site Allocations Development Plan Document (Sites DPD) (Appendix C) be subject to the deletion of SA49 and all associated references to this policy from the document and all other documents, together with the renumbering of the other sites in the document as appropriate.

                   v.            To approve the following annexed documents for consultation, subject in the case of the Tottenham AAP to any modifications and in respect of all four documents subject to any corrections or presentational improvements made by the Director of Planning, Regeneration  and Development  in consultation with the Cabinet  Member for Planning, during a six week period currently scheduled for February to March 2015:

·         The Proposed Alterations to Haringey’s Local Plan: Strategic Policies (LPSP) which was adopted in 2013 (Appendix A);

·         The “preferred option” draft of the Development Management Development Plan Document (DM DPD) (Appendix B);

·         The “preferred option” draft of the Site Allocations Development Plan Document (Sites DPD) (Appendix C);

·         The “preferred option” draft of the Tottenham Area Action Plan Development Plan Document (Tottenham AAP) (Appendix D).

                 vi.            To adopt the revised Local Development Scheme (LDS) (Appendix F) for 2015-2018.

                vii.            To note the draft Consultation Programme (Appendix G).

              viii.            To note the Draft Interim Sustainability Appraisals.

Alternative options considered

Alterations to Haringey’s Local Plan: Strategic Policies, Development Management DPD, Sites DPD and Tottenham AAP

The Council could choose not to review the LPSP. In light of emerging regional policy and new evidence, the proposed alterations are necessary to ensure the plan appropriately reflects the revised growth figures and evidence.  The National Planning Policy Framework and evidence underpinning the further alternations to the London Plan and the Local plan also demonstrate a need to revisit the housing assumptions in this document, if the DPD’s are to be progressed further. Therefore not undertaking the alterations would undermine delivery of the statutory “Development Plan” documents and compromise the Council ability to make high quality local planning decisions. Accordingly, not reviewing the document is not recommended as a viable alternative.

The DM DPD, Sites DPD and Tottenham AAP, will significantly improve the Council’s ability to manage and promote high quality sustainable development (and resist unsustainable development) across the borough, so not producing these documents is not considered to be an appropriate or viable alternative.

For the four development plan documents this stage of consultation represents a statutory requirement for preparing Haringey’s Local Plan.  There is no alternative to consulting in line with the Regulations.  The Development Plan Documents have been developed in accordance with planning regulations and the Council is required to consult on them prior to the formal submission stages.

Local Development Scheme

The LDS is important in communicating the Council’s programme for preparing the statutory planning framework. It is a requirement that the LDS is kept up-to-date to provide certainty for investors and communities seeking to engage in the process, and as a means to ensure that the Council can be held accountable for the delivery of the planning framework.

Modest changes to the development plan programme could be signposted through the Annual Monitoring Report (AMR). However given that the proposed changes to the LDS are material, this route is not considered appropriate.

Alternatively, the Council could choose not to revise its LDS. The changes set out in the appended documents outline changes to the timing, format and delivery of most of the planned DPDs such that the current LDS would provide very little assistance to anyone seeking to engage with the Council on the emerging planning policy framework.

Reasons for Decision

The Alterations to Haringey’s Local Plan: Strategic Policies, the DM DPD, Sites DPD, the Tottenham AAP

The DPDs are an essential component of Haringey’s Local Plan. Without these documents it will be challenging for the Council to deliver the borough wide aspirations to manage change and growth for the benefit of existing and future residents and businesses.  It would also become increasingly challenging to determine and influence development proposals which fail to deliver sustainable development outcomes in Haringey. The DPDs will be more up to date and consistent with the London Plan and the National Planning Policy Framework than the current version of the Local Plan: Strategic Policies and Haringey’s Saved UDP polices.

Public consultation is an important statutory requirement in the preparation of the Local Plan and the documents cannot progress to submission stage of the process (submitting to the Secretary of State for public examination) without carrying out this round of consultation. It is important the Council consults on these documents at the earliest opportunity to avoid delaying the adoption of the DPDs.