Decision

RESOLVED as amended:

1. 1.  That the Cabinet:
2. 2.  Recommended to Council the publication of the Hertsmere Local Plan under Regulation 19 of the Town & Country Planning Regulations (Local Plan) (England) 2012 for a period of 6-weeks starting on the 8th of October 2026.
3. 3.  Recommended to Council, on the basis that the Hertsmere Local Plan is sound and legally compliant, that the Hertsmere Local Plan (Appendix 1) and key supporting documents (Appendices 3-4) and other supplementary documentation is submitted to the Planning Inspectorate for the purpose of examination in public on or before the 31st of December 2026.
4. 4.  Recommended to Council that prior to the submission of the Hertsmere Local Plan, it be brought back to Council so that consideration can be given to any consultation response that requires a determination or otherwise under Regulation 9(1) of the Environmental Assessment Plans and Programmes Regulations 2004.
5. 5.  That, subject to the Council agreeing recommendations 1.2 to 1.4 above, the Head of Planning, Economic Development and Climate Change in consultation with the Deputy Chief Executive and Portfolio Holder for Planning, Infrastructure and Transport be authorised to agree any non-material amendment or correction and any further information required for examination to ensure the soundness and legal compliance of the Local Plan and allow it to proceed to adoption. For clarity, the latter includes the preparation and submission of responses to Inspector’s questions.
6. 6.  Noted the Frequently Asked Questions set out at Appendix 5

Reasons for decision

The Council is required, under Regulation 19 of the Town and Country

Planning Regulations 2012, to publish the Hertsmere Local Plan for

consultation prior to submission (Regulation 22) and public examination

(Regulation 24) in order to meet the adopted LDS. 

Alternative Options Considered

The Cabinet could have decided not to recommend that the Local Plan progresses to Regulation 19. This would mean that the Local Plan would not be submitted under the existing plan-making system and would need to be progressed under the new planning system, this carries significant risks. Such an approach would mean that the existing local planning policy vacuum would continue, and the borough would be subject, as it has been already, to speculative development where decisions will need to be taken in accordance with national policy. Further risks are also identified in paragraphs 5.25 to 5.28 of the report attached to the agenda.

The Cabinet could have decided not to recommend that the Local Plan is submitted to the Planning Inspectorate by the 31st of December 2026. This would mean the same risks apply as set out in paragraph 4.1. Furthermore, it is not practically possible to accommodate any further decision-making milestones following the conclusion of the Regulation 19 publication period if the Council wishes to submit by the December 2026 deadline. 

The Cabinet could have decided to explore other delegations or reporting measures pertaining to recommendations 1.4 and 1.5. If this is the case it is likely to result in an extended and drawn-out examination period and failure to meet the Inspectors timetable which could result in an inability to progress through the examination towards a sound Local Plan.