Decision

Cabinet:

1)    Endorsed and recommend to Full Council the adoption of Local Plan Part 2 – Site Allocations (Appendix 1 of the report).

2)    Endorsed and recommend to Council the adoption of the Local Development Scheme/Local Plan Timetable 2026-2030 and recommend that Council approves it to take effect immediately (Appendix 7of the report).

Options & Alternatives Considered

·       It is a statutory requirement for all local planning authorities to prepare a Local Plan and a Local Development Scheme/Local Plan Timetable.  Choosing not to revise the latter would be to overlook a statutory responsibility.

·       The absence of an up-to-date Local Plan would leave the Council in a weaker position in terms of securing high quality inclusive growth that can mitigate the impacts of the climate emergency in the most suitable locations and when defending planning decisions at appeal. It would also leave the Council at risk of speculative applications for development that would be more difficult to secure the type and wider community benefits of development that will benefit all Waltham Forest residents.

·       An example of the above is where a developer seeks to implement a substantial number of homes on a site without providing community uses, local shops and workspaces for SME and micro businesses. Such a proposal is likely to be permissible under the new National Planning Policy Framework but the site allocations in LP2 would give the Council greater power in requiring a range of uses on site, as specified, to support sustainable communities.

·       LP2 also contains reference to Purpose Built Student Accommodation (PBSA) Demand Studies. Applications for PBSA should be supported by a PBSA Demand Study.  This study should set out: demand side drivers; the existing supply of student accommodation; the development pipeline; and housing market conditions. Without an adopted LP2, the ability for the Council to seek a cap on PBSA to avoid overconcentration and oversupply of PBSA is removed. This could result in a proliferation of PBSA that reduces opportunities to develop more conventional housing models and affordable housing or PBSA coming forward outside of priority locations.  

·       While Government guidance on plan-making states that Local Planning Authorities are not legally required to adopt a Plan that has been found sound by an independent planning inspector, it is also clear that since “it will have been through a significant process locally to engage communities and other interests in discussions about the future of the area...it is to be expected that the authority will proceed quickly with adopting a plan that has been found sound”.

·       A decision not to adopt LP2, therefore, could result in an intervention by the Secretary of State, who has powers to directly adopt the Plan on behalf of the Council or order the Mayor of London to progress the Plan. This is in addition to legal challenges by site owners and promoters, who have engaged extensively in the plan making process.

·       Beyond the procedural and direct consequences on how the Council enacts its planning functions, there is a risk of damaging residents’ trust in planning, disregarding their significant effort in engaging with the plan making process through written consultation responses, attending workshops and drop in events, and engaging in the Examination in Public process, including attending hearings.

·       Consultation on the Plan also extensively engaged statutory consultees such as Natural England and the Environment Agency which has resulted in site specific measures to protect and enhance biodiversity and green spaces, mitigate flood risk, and de-culvert rivers.

·       Waltham Forest is considered a proactive council that positively engages with investors, developers and landowners to leverage the Council’s ability to maximise public benefits such as green infrastructure, affordable housing, active travel and local employment opportunities. There is a real risk that not adopting LP2 could negatively impact market confidence in investing in Waltham Forest, thereby reducing the ability to meet development needs and implement agendas going forward. In turn this could impact the level of affordable housing grant that the GLA makes available for developments in the borough.