Purpose

To seek Cabinet approval to undertake public consultation on the Regulation 19 draft Local Plan, the Integrated Assessment and the Habitats Regulations Assessment) for a period of just over 6 weeks.

Decision

RESOLVED that:

1)    Cabinet approves the Draft Local Plan (Regulation 19) as set out in Appendix 1 to this Report;

2)    Cabinet agrees that the Draft Plan included at Appendix 1 and the Policies Map, available via a web-link at, are published for consultation for a period of at least 6 weeks;

3)    Cabinet notes the Integrated Assessment and the Habitats Regulations Assessment: Executive Summary of the Plan (and the other documents available in the ‘Examination Library’ on the Council’s website);

4)    Cabinet agrees that the Integrated Assessment (incorporating Sustainability Appraisal and Strategic Environmental Assessment requirements) and the Habitats Regulations Assessment will also be the subject of formal consultation for the same period;

5)    Cabinet endorses the Consultation Strategy set out as Appendix 3 to this Report;

6)    Cabinet agrees that the Council will also consider comments that might be made on any other elements of the Local Plan Evidence Base;

7)    Cabinet grants delegated authority to the Director of Planning and Building Control, in consultation with the Leader of the Council to make any necessary typographical or other non-material changes to Appendix 1 prior to publication for consultation; and

8)    Cabinet notes that the draft Plan (if approved) would be a material consideration in the determination of planning (and other relevant) applications – and would be accorded the weight appropriate to the stage it has reached in the plan making process as set out in the National Planning Policy Framework

Reasons for the decision

The Draft Local Plan proposed at Appendix 1 builds on the extensive community

engagement that has been ongoing throughout the Local Plan process and sets out

an updated full draft Local Plan (from that consulted upon at the Regulation 18 phase

in October to December 2025). The new draft Plan incorporates a series of

development management policies and proposals for strategic development and

sustainable growth across the District.

The preparation of a Local Plan is a statutory requirement and must follow a statutory

procedure, including public consultation and examination. If the Council were to

pursue a different approach, overall preparation of a new Local Plan for Breckland

would be substantially delayed leading to potential risk in the ongoing management

and delivery of development in the District. Regard also needs to be given to

proposed changes in the Local Plan process, which the Council would need to

undertake if it misses the date of 31st December 2026 for submission to the Planning

Inspectorate.

Recommendations 1 and 3 relate to the Plan and the proposed consultation.

The recommendations (two and four) also relate to the two Assessments that will

ensure the Council complies with regulatory provisions associated with Sustainability

Appraisal / Strategic Environmental Assessment / Habitats Regulations.

The 5th recommendation relates to the rest of the evidence base.

The 6th recommendation relates to the consultation process planned if the main

recommendations (1 to 4) are agreed.

The 7th – recommendation provides some ‘editing’ ability (of Appendix 1) for officers

in period from Cabinet through to the start of the consultation period.

The final – 8th – recommendation – provides clarity as to the weight that should be

given to the draft Plan – within the application determination process - at this stage

of the Plan making process.

Expected Benefits

The Government expects local councils to have up-to-date Local Plans to guide

development in their area. This Plan means that – if it is ultimately adopted - the

Council would retain control over where development should be located rather than

be at risk from unplanned speculative development, sometimes without sufficient

benefit to local communities. Failure to have an up-to-date plan could also risk

government intervention and result in a loss of local control.

Alternative options considered

OPTIONS

1)    The main recommended approach is for Cabinet to agree the proposed Draft Local Plan included at Appendix 1 of this report for consultation, provide delegated authority for minor amendments to the Plan ahead of its publication for consultation and agree to a minimum six week consultation period on the Plan.

2)    Alternatively, Cabinet could decide not to undertake consultation on the draft Local Plan included at Appendix 1 and request substantial amendments to the Plan or seek a different approach. However, that would almost certainly delay the start of the consultation and put at greater risk the likelihood of the Council being able to submit the Plan prior to the end of the year. If the Plan isn’t submitted by then then the Council would need to restart the whole Local Plan process – under a new set of national Regulations.

3)    The other recommendations being put forward tend to flow from the consideration of whether or not to consult on the Plan – i.e. if the decision on that is to go ahead then Page 19 of 22 the other recommendations flow from that – whereas if the decision were to be to not consult then the other recommendations become rather irrelevant.