Local Development Scheme (Local Plan Timetable)

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.

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.

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.

This decision will
come into force and may be implemented on 3 March 2025 unless the
call-in procedure is triggered (as set out in the Standing Orders
in relation to Overview and Scrutiny).

As part of its drive
to boost housebuilding and expedite Local Plan preparation, the
Government required local planning authorities to update their
timetable for Local Plan preparation. 
The Ministry of Housing Communities and Local Government had set
local planning authorities a deadline of 6 March 2025.

No substantive
decisions on the content of the Local Plan were needed at this
stage.  The Local Development Scheme
(LDS) merely set out a timetable for plan preparation.  LDSs were required by Section 15 of the Planning
and Compulsory Act 2004.  They set out a
timetable for plan preparation and should be kept up to
date.  LDSs should specify: The
documents that will comprise local development documents (i.e. the
Local Plan), the geographical area that the local plan would cover,
and the timetable for plan preparation/revision.

At the meeting,
Councillor Chris Lewis proposed and
Councillor Billings seconded a motion that was agreed unanimously
by the Cabinet, as set out above.