Regulation 19 Local Plan and Regulation 18 joint waste plan

June 4, 2024 Cabinet (Cabinet collective) Key decision Approved View on council website

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Summary

...to approve the progression of the Newham Draft Submission Local Plan (to 2038), the Draft Joint Waste Plan, and the Local Development Scheme 2024 to the next stages, including public consultation, and to delegate authority for finalising these documents.

Full council record

Purpose

This
report seeks approval to progress with the next stage in the
development of two key documents, which form part of the
borough’s development plan: The Local Plan and the Joint
Waste Plan. The Local Plan has reached the Regulation 19 stage of
development and the Joint Waste Plan, prepared with the other East
London Waste Authorities (the London Boroughs of Redbridge,
Havering and Barking and Dagenham) has reached the Regulation 18
stage of development. The report also seeks permission to publish
an updated Local Development Scheme (LDS) which provides the
timetable for the development of these documents.
 

Decision

Decision:
 
For the reasons set out in the report and its
appendices Cabinet RESOLVED to Agree to:
 

i) 
The publication of the Newham Draft Submission Local Plan and
associated policies map (with an end date of 2038) attached as
Appendix 1, for at least a 6-week period of statutory public
consultation, with an anticipated start date in July 2024;

ii) 
Delegate authority to the Corporate Director of Inclusive Economy,
Housing and Culture, following consultation with the Mayor as Lead
Member, to finalise the Newham Draft Submission Local Plan,
including any minor amendments, prior to public consultation and to
make the required arrangements for statutory public consultation,
in accordance with the Consultation Strategy attached as Appendix
2; 

iii) 
The publication of the Draft Joint Waste Plan and associated
policies map attached as Appendix 3 for at least a 6-week period of
statutory public consultation, with an anticipated start date in
July 2024;

iv) 
Delegate authority to the Corporate Director of Inclusive Economy,
Housing and Culture, following consultation with the Mayor as Lead
Member, to finalise the Draft Joint Waste Plan prior to public
consultation and to make the required arrangements for statutory
public consultation, in accordance with the Consultation Protocol
attached as Appendix 4;

v) 
The publication of the Local Development Scheme 2024 attached as
Appendix 5.
 

vi) 
To note the contents of the Newham Draft Submission Local Plan
Integrated Impact Assessment attached as Appendix 6.

vii) 
To note the contents of the Newham Local Plan Regulation 18
Consultation Report attached as Appendix 7.

viii) 
To note the contents of the Draft Joint Waste Plan Integrated
Impact Assessment attached as Appendix 8 and the Draft Joint Waste
Plan Habitats Regulation Assessment attached as Appendix 9.
 
Alternatives Considered:
 
Local Plan

a) 
Do not update the Local Plan and abandon work to date. This
alternative is not recommended for the reasons outlined in the
Cabinet report in October 2021 which gained Cabinet approval to
commence the Local Plan refresh. In addition, as time progresses,
the adopted Local Plan and the evidence on which it is based is
increasingly out of date and may result in the NPPF / London Plan
becoming default policies, meaning local circumstances would not
necessarily be reflected to guide planning applications and
decisions. It also means that in some cases the Council’s
ability to successfully defend refusals at appeal would be
compromised. In addition, the substantial work undertaken to date
would be rendered redundant, representing a poor use of public
funds.

b) 
Delay or postpone work on the Local Plan This alternative is not
recommended for the reasons outlined above regarding the
increasingly out of date adopted Plan. In addition, the new
deadline of the 30th June 2025, set in the Levelling Up and
Regeneration Bill, for submission of Development Plan Documents
which meet the current legislative framework, requires the
regulation 19 consultation to take place now in order to meet this
deadline. Any delay could jeopardise meeting this deadline and
require the Local Plan process to restart under a new regulatory
regime (not yet published).

c) 
Undertake a partial review of the Local Plan, for example only
those policies which relate to identifying further housing
capacity. This alternative is not recommended for the reasons
outlined in the Cabinet report in October 2021 which gained Cabinet
approval to commence the Local Plan refresh.

 
Joint Waste Plan

d) 
Do not update the JWP and abandon work to date. This alternative is
not recommended. As with Local Plans, we are required to have an up
to date JWP. The previous Plan was adopted in 2012, as a ten year
Plan, and is now out of step with the emerging Local Plan, London
Plan 2021, and strategic objectives, including the delivery of
further housing sites and climate objectives associated with
progressive waste management planning. In addition, the emerging
Local Plan and JWP are connected in terms of ensuring the best use
of sites. It is anticipated that the Inspector(s) may challenge the
Council on the soundness of our Local Plan if we do not show
meaningful progress on the Joint Waste Plan development. This is
because the Council have design-led capacity tested some site
allocations on the assumption that the waste uses on those sites
will no longer be safeguarded. While the London Plan does allow for
some limited release of waste uses where the capacity is
re-provided elsewhere in London, the release of waste sites should
only occur through a Joint Waste Plan process and it will become
harder for the Council to justify optimising housing capacity 19 on
some site allocations if there is no certainty on whether existing
waste sites can be released.

e) 
Delay or postpone work on the JWP. This alternative is not
recommended for the reasons outlined above regarding the
increasingly out of date adopted Plan and impacts on the Local
Plan. In addition, the new deadline of the 30th June 2025, set in
the Levelling Up and Regeneration Bill, for submission of
Development Plan Documents which meet the current legislative
framework, requires the regulation 18 consultation to take place
now in order to meet this deadline. Any delay could jeopardise
meeting this deadline and require the Joint Waste Plan process to
restart under a new regulatory regime (not yet published). Please
note that the limited scope of the JWP results in a shorter
preparation period than the Local Plan. Which is why commencing
regulation 18 at this point would still allow us to meet the
deadline.

Supporting Documents

Appendix 2 - Newham Local Plan Regulation 19 Consultation Strategy.pdf
Appendix 7 - Local Plan Reg 18 Consultation Report.pdf
Appendix 3 - Draft Joint Waste Plan 1.pdf
Reg 19 Local Plan and Reg 18 CABINET Report_FINAL_240524.pdf
Appendix 1 - Reg 19 Newham Local Plan.pdf
Appendix 6 - Reg 19 Local Plan IIA Main report 2.pdf
Appendix 1 - Annex 1 - Reg 19 Local Plan Policies Map 3.pdf
Appendix 4 - Draft Joint Waste Plan Regulation 18 Consultation Protocol.pdf
Appendix 5 - Local Development Scheme 2024.pdf
Appendix 6 - Annex 1 IIA appendices.pdf
Appendix 8 - Draft JWP IIA.pdf
Appendix 9 - Draft JWP HRA.pdf
Appendix 7 Annex 3 Reg 18 Consultation Report Appendix 9.pdf
Appendix 7 Annex 4 Reg 18 Consultation Report Appendix 10.pdf
Appendix 7 Annex 10 Reg 18 Consultation Report Appendix 16.pdf
Appendix 7 Annex 5 Reg 18 Consultation Report Appendix 11.pdf
Appendix 7 Annex 6 Reg 18 Consultation Report Appendix 12.pdf
Appendix 7 Annex 7 Reg 18 Consultation Report Appendix 13.pdf
Appendix 7 Annex 11 Reg 18 Consultation Report Appendix 17.pdf
Appendix 7 Annex 8 Reg 18 Consultation Report Appendix 14.pdf
Appendix 7 Annex 9 Reg 18 Consultation Report Appendix 15.pdf
Appendix 7 Annex 14 Reg 18 Consultation Report Appendix 20.pdf
Appendix 7 Annex 12 Reg 18 Consultation Report Appendix 18.pdf
Appendix 7 Annex 13 Reg 18 Consultation Report Appendix 19.pdf
Appendix 7 Annex 16 Reg 18 Consultation Report Appendix 22.pdf
Appendix 7 Annex 15 Reg 18 Consultation Report Appendix 21.pdf
Appendix 7 Annex 1 Reg 18 Consultation Report Appendix 7.pdf
Appendix 7 Annex 2 Reg 18 Consultation Report Appendix 8.pdf

Details

OutcomeDecision approved
Decision date4 Jun 2024
Subject to call-inYes