Monthly Archives: May 2018

Council announce Hart Local Plan Submission Date

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Council announces Hart Local Plan submission date

Council announces Hart Local Plan submission date

The council has announced the submission date for the Hart Local Plan.

The news is contained in papers due to be considered by Cabinet on 7 June. The relevant paper can be found here.

They say the plan will be submitted during week commencing 18 June:

It is anticipated that the Hart Local Plan Strategy and Sites 2016-2032 Submission Version (the Submission Plan) will be submitted to the Secretary of State in the week commencing 18 June 2018. Once submitted the Submission Plan does not supersede the Hart Local Plan 1996 – 2006 (Saved Policies). The saved policies will still comprise the Development Plan for Hart.

This is in line with earlier commentary from the Joint Chief Executive at an earlier council meeting.

Impact of submitting the Hart Local Plan

Although the submitted plan doesn’t yet form the development plan for Hart, it should have some weight in determining planning applications (and one hopes, planning appeals):

The Submission Plan gains some weight in decision-making. Paragraph 216 of the National Planning Policy Framework (NPPF)) states that decision-takers may also give weight (unless material considerations indicate otherwise) to relevant policies in emerging plans according to:

  • The stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given).

  • The extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given).

  • The degree of consistency of the relevant policies in the emerging plan to the policies in NPPF (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).

The council’s comentary says:

The Submission Plan is at an advanced stage of preparation. Therefore, it should be given weight in the decision-making process and so upon submission to the Secretary of State it should be used in the determination of planning applications. Furthermore, as it reflects approved Council policy, applications that are determined in accordance with the Submission Plan should not be considered as representing “departures” where approval would otherwise require referral to Council for determination.

We can only hope that the submission of the Local Plan helps in fending off the unwelcome appeal against the decision to refuse planning permission for 700 new houses at Pale Lane.

Wates launch Elvetham Chase aka Pale Lane appeal

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Wates launch Elvetham Chase aka Pale Lane appeal

Elvetham Chase aka Pale Lane appeal

[Update 1: 29/5/2018: We understand that the developers have stated they intend to appeal, but have not yet submitted the appeal documentation]

[Update 2: 6/6/2018: Story now confirmed by Fleet News and Mail. Copy here.]

[Update 2: 8/6/2018: Appeal documents published here.]

We understand that the agents for the developers have submitted a Pale Lane appeal. The site, also known as Elvetham Chase was, quite rightly in our view, turned down for development of 700 new houses by Hart Council back in February. The developers, Wates, were apparently quite angry.

The Pale Lane appeal comes despite the recent Hart Local Plan Regulation 19 consultation. Of course, the draft Local Plan doesn’t include Pale Lane in the housing plans. We understand that Hart plan to submit the Local Plan to the inspector on 18 June. The plan published as part of the consultation has some weight to fend off this unwelcome development. That weight should increase when the plan is submitted to the Inspector. But it won’t have the same weight as a plan declared sound by the Inspector.

We don’t yet know the timeline for the Local Plan inspection hearing. Nor do we know the timeline for the Pale Lane (Elvetham Chase) appeal.

Impact of Pale Lane Appeal

So, this move sets in train some complex legal and procedural manoeuvres and a race agaisnt time for both Hart and Wates. Clearly, Wates believe they can win or they wouldn’t be spending the money on the appeal. They are clearly hoping their appeal will be heard prior to the Local Plan being inspected and declared sound.

Despite opposing the development, we think the grounds for rejecting the proposed development were quite weak. The grounds for the decision can be found here. Unfortunately, Hart doesn’t have a good track record in defending appeals.

We have to hope that the current state of the Local Plan will provide stronger defence that the Council’s current outdated policies.