Purpose

To seek the Cabinet Member�s approval to update the Derby and Derbyshire Minerals and Waste Development Scheme for submission to the Secretary of State for Housing, Communities and Local Government.
 

Decision

That Cabinet approves to update the Derby and Derbyshire Minerals and Waste Development Scheme for submission to the Secretary of State for Housing, Communities and Local Government.

Reasons for the decision

 Section 16 of the Planning and Compulsory Purchase Act (as amended by Section 111 of the Localism Act) requires that local planning authorities prepare a LDS, which sets out the Council's programme for the preparation and adoption of the Local Development Documents over a three year period.

Alternative options considered

Option 1 – Do nothing. The current DDMWDS was produced in 2009 and is therefore significantly out of date. Section 16 of the Planning and Compulsory Purchase Act (as amended by Section 111 of the Localism Act) requires that local planning authorities prepare a Local Development Scheme (LDS), which sets out the Council's programme for the preparation and adoption of the Local Development Documents over a three-year period. The provision of an up-to-date development scheme is a necessary part of the submission documentation which will be provided to the Planning Inspectorate. In addition, the Written Ministerial Statement of December 2023 by the Secretary of State included a Direction that every LPA in the Country was required to update their local plan timetables and submit these to the Planning Inspectorate within 12 weeks of his statement. Failure to update the MWDS in accordance with the Secretary of State’s direction may put the two councils at risk of intervention by the Secretary of State and being named as poorly performing LPAs.

Option 2 – Change the content. The proposed DDMWDS provides both a timetable for the Derbyshire and Derby Minerals Local Plan and an indicative timetable for the development of the Waste Local Plan. As noted in Paragraph 4.20 above, the Waste Plan will not meet the 30 June 2025 submission deadline, therefore work on the Waste Plan will continue under the new regulations once published. As such, the proposals for the Waste Plan production are currently indicative. A Minerals and Waste Development Scheme must be kept up-to-date, therefore, this document may be reviewed and updated at a later date when further information is available on the new local plan process.