Decision

1.         that the
Ministry of Housing Communities and Local Government (MHCLG) be
informed of the timetable for the Local Plan preparation as set out
in the submitted report, by 6 March 2025; and
 

2.         that the
Local Plan preparation timetable be kept under review and updated
as necessary and the Divisional Director of Planning, Housing and
Climate Emergency be authorised to make amendments to the Local
Development Scheme (LDS) in consultation with the Cabinet Member
for Place Development and Economic Growth.

Reasons for the decision

The Ministry of
Housing Communities and Local Government had set local planning
authorities a deadline of 6 March 2025 to update their timetable
for Local Plan preparation.

Alternative options considered

An alternative option
would be to wait for “new style plans” under the
Levelling Up and Regeneration Act. These would have to be prepared
to a strict 30-month timescale, and the regulations for preparing
them had not yet been published.  They
would inevitably take several years to bed in and for court
judgements to clarify the system.  If
the Regulations were published in 2025 and appear to offer
significant advantages over the 2012 Regulations; the Council could
decide to move to the new system.
 
Sub-Regional spatial
development strategies were further off and required primary
legislation to put in place.  As yet the
geography that they would cover, and the administrative
arrangements under which they would be prepared was not
known.  Should the Devon and Torbay
Combined County Authority take on responsibilities to prepare
Spatial Development Strategies (SDSs), this could be reflected in
the Local Plan timetable at a later date.  SDSs would be required to meet the sum of Standard
Method Local Housing Need within the wider plan area. Therefore, it
would still be necessary for Torbay to come to a view about how
much of its development needs it was able to meet within the
current boundary of Torbay.
 
There was a legal
requirement for local planning authorities to prepare strategic
plans, although many had not done so. 
The Government had indicated that it would use its legal powers to
intervene should Councils not make progress with plan
preparation.  In the short term the
Council would be more vulnerable to speculative planning
applications, particularly on greenfield sites.