Purpose

Cabinet is recommended
to:
 

1.  
Note the content of the Inspectors’ Final
Report into the soundness of the Waltham Forest Local Plan (Part 1)
(LP1), including their conclusion that subject to Main
Modifications, the Plan is sound, legally compliant and capable of
adoption and satisfies the requirements referred to in Section
20(5)(a) of the Planning and Compulsory Purchase Act 2004 (as
amended).
 

2.  
Endorse and make the following recommendations to
Full Council:

Adopt the Waltham Forest Local Plan (Part 1) (LP1) in accordance
with Section 23 of the Planning and Compulsory Purchase Act 2004
(as amended), including:

a)    
The Main Modifications to the preferred submission
version of the Local Plan, as set out in the appendix to the
Inspector’s report;

b)    
The additional modifications proposed by
Officers;
 

Agree to revoke the Council’s current adopted Core
Strategy (2012), the Waltham Forest Development Management Policies
(2013), the Walthamstow Town Centre Area Action Plan (2014) and the
Blackhorse Lane Area Action Plan (2015) from the 12th April 2024 (following the statutory six week
legal challenge period from Local Plan adoption).

Authorise the Corporate Director – Regeneration, Planning
& Delivery to make further typographical amendments necessary
to the Plan (LP1) prior to its publication.

Authorise the Corporate Director – Regeneration, Planning
& Delivery, in consultation with the Lead Member for Housing
and Regeneration, to prepare and publish an Adoption Statement and
final Sustainability Appraisal Report in accordance with Regulation
26 of the Town and Country Planning (Local Planning) (England)
Regulations 2012.

Authorise the Corporate Director – Regeneration, Planning
& Delivery, in consultation with the Lead Member for Housing
and Regeneration, to prepare and publish an updated Policies Map,
reflecting the new Local Plan (LP1), including modifications
referred to in (i.) above

3.  
Revoke the superseded plans listed in the report,
subject to adoption of the new Local Plan (LP1) by the full
Council, and following the statutory six
week legal challenge period.
 
 

Content

Cabinet:

(1)           
noted the content of the Inspectors’ Final Report into the
soundness of the Waltham Forest Local Plan (Part 1) (LP1) (Appendix
2 to the report), including their conclusion that subject to Main
Modifications (Appendix 3 to the report), the Plan is sound,
legally compliant and capable of adoption and satisfies the
requirements referred to in Section 20(5)(a) of the Planning and
Compulsory Purchase Act 2004 (as amended);

(2)           
endorsed and recommended that Full
Council:
(a)   
adopt the Waltham Forest Local Plan (Part 1) (LP1) (Appendix 1 to
the report) in accordance with Section 23 of the Planning and
Compulsory Purchase Act 2004 (as amended), which includes:

 
(i)   
the Main Modifications to the submission version of the Local Plan,
as recommended in the Inspectors’ Final Report and set out in
Appendix 3 to the report; and
(ii)  
the additional modifications proposed by Officers, as set out in
Appendix 4 to the report;

 
(b)   
from 12th April 2024 (the expiry of the statutory six week legal
challenge period), revoke the Council’s current adopted Core
Strategy (2012), the Waltham Forest Development Management Policies
(2013), the
Walthamstow Town Centre Area Action Plan (2014) and the Blackhorse
Lane Area Action Plan (2015) provided that no challenge has
been lodged during the six week period;

 
(c)   
authorise the Corporate Director – Regeneration, Planning
& Delivery to make further typographical amendments necessary
to the Plan prior to its publication;
 
(d)   
authorise the Corporate Director – Regeneration, Planning
& Delivery, in consultation with the Portfolio Lead Member for
Housing and Regeneration, to finalise and publish an Adoption
Statement (draft at Appendix 6 to the report) and Sustainability
Appraisal Adoption Statement (draft at Appendix 7 to the report) in
accordance with Regulation 26 of the Town and Country Planning
(Local Planning) (England) Regulations 2012;
 
(e)   
authorise the Corporate Director – Regeneration, Planning
& Delivery, in consultation with the Portfolio Lead Member for
Housing and Regeneration, to finalise and publish an updated
Policies Map, reflecting the adopted Plan, including Main
Modifications set out in Appendix 3 to the report;
 
(f)    
from 12th April 2024 (the expiry of the statutory six
week legal challenge period) revoke the superseded Supplementary
Planning Documents listed in paragraph 3.2 of the report provided
that no challenge has been lodged during the six weeks; and
(g)   
approve the Waltham Forest Local
Development Scheme (LDS), at Appendix 8 to the report, to take
effect immediately.
 
Options & Alternatives Considered

It is a statutory requirement for boroughs to have up-to-date Local
Plans. In the absence of an up to date and adopted Local Plan for
Waltham Forest, planning decisions would be taken with reference to
the Government’s National Planning Policy Framework and the
London Plan only. These strategies do not reflect local
circumstances as comprehensively as a Local Plan prepared
specifically for Waltham Forest.

Adopting the Waltham Forest Local Plan (Part 1) will ensure that
the Council has an up-to-date strategic planning framework which
provides more control and certainty at the planning application
stage and protects communities from speculative applications.

Not adopting the Plan would mean that the existing, out-of-date
Core Strategy and Development Management Policies, which do not
fully reflect the Council's current and future priorities would
remain. The Council would not have robust and up to date policies
to implement inclusive growth and climate change ambitions and
would likely face an increasing number of speculative planning
applications and appeals, which could incur significant costs.

Government guidance on Plan-making is clear that
Local Planning Authorities are not legally required to adopt a Plan
that has been found sound by an independent planning inspector, but
that “it will have been through a significant process
locally to engage communities and other interests in discussions
about the future of the area, and 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 the Waltham Forest Local Plan (Pat 1)
therefore would be likely to result in an intervention by the
Secretary of State, and legal challenges by site owners and
promoters.