Agenda, decisions and minutes

There were no apologies for absence.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

There were no Declarations of Interest.

Report of Councillor C Cupit, Deputy Leader of the Council and Portfolio Holder for Environmental Services

RESOLVED – That Cabinet:-

(1)            Noted the independent Inspector’s judgement on the Main Modifications to the North East Derbyshire Local Plan (Publication Draft) that are necessary to make the Local Plan sound and legally compliant, as set out in the report.

(2)            Noted the findings of the Sustainability Appraisal and Habitat Regulation Assessment, as set out in the report.

(3)     Authorised a public consultation exercise on the Main Modifications to the North East Derbyshire Local Plan (Publication Draft) and associated documents, as outlined in the report.

(4)      Delegated responsibility for the detailed arrangements for the public consultation exercise to the Assistant Director of Planning, in consultation with the Portfolio Holder for Environmental Services.

REASONS FOR DECISION - Public consultation on the Main Modifications is the next key step in the Local Plan making process and must take place in order that the Inspector can publish her report.  Cabinet’s decision to authorise a public consultation exercise, in line with approach detailed in the report, will enable this to happen

OTHER OPTIONS CONSIDERED AND REJECTED - Not consulting on the Main Modifications was rejected. It would mean that the Council had failed to comply with the regulations governing Local Plan production and the Plan would not have been able to progress to adoption.  Failure to have an up to date Local Plan would put the Council at risk of Government intervention. 

Please note that this was not a Key Decision and so can be implemented with immediate effect by officers.

The report to Cabinet informed Members that the independent Inspector had proposed a number of Main Modifications to the Council’s Publication Draft Local Plan. The Inspector had concluded that these Modifications would be required in order to make the Local Plan sound and legally compliant.  Members also heard that the Inspector had suggested no modifications to the Sustainability Appraisal and Habitat Regulation Assessment, which, it was explained, both play important parts at each stage of the Local Plan making process.

Cabinet was asked to agree that a public consultation exercise now take place on the Main Modifications to the Council’s Publication Draft Local Plan. It was explained that the Inspector would then consider any representations received and determine whether further public hearing sessions would be required. Finally, the Inspector would prepare their report, setting out specific recommendations, for the North East Derbyshire Local Plan. Once the Council had received the Inspector’s final report it would have to decide whether or not to adopt the Plan.

Cabinet discussed the independent Inspector’s proposed Main Modifications to the Council’s Publication Draft Local Plan.  In this context, Members heard that the Local Plan Steering Group (LPSG) had unanimously agreed, at its meeting on Friday 23 October 2020, that the public consultation exercise on the Main Modifications to the Plan should now take place. Cabinet welcomed the LPSG’s endorsement of this.

Members discussed the arrangements for carrying out the consultation exercise. In particular, it considered the suggested measures to ensure that it was conducted safely during the ongoing Coronavirus (Covid-19) outbreak. Cabinet felt that these measures would be appropriate and agreed to support them.

RESOLVED – That Cabinet:-

(1)          Noted the independent Inspector’s judgement on the Main Modifications to the North East Derbyshire Local Plan (Publication Draft) that are necessary to make the Local Plan sound and legally compliant, as set out in the report.

(2)          Noted the findings of the Sustainability Appraisal and Habitat Regulation Assessment, as set out in the report.

(3)       Authorised a public consultation exercise on the Main Modifications to the North East Derbyshire Local Plan (Publication Draft) and associated documents, as outlined in the report.

(4)       Delegated responsibility for the detailed arrangements for the public consultation exercise to the Assistant Director of Planning, in consultation with the Portfolio Holder for Environmental Services.

REASONS FOR DECISION - Public consultation on the Main Modifications is the next key step in the Local Plan making process and must take place in order that the Inspector can publish her report.  Cabinet’s decision to authorise a public consultation exercise, in line with approach detailed in the report, will enable this to happen

OTHER OPTIONS CONSIDERED AND REJECTED - Not consulting on the Main Modifications was rejected. It would mean that the Council had failed to comply with the regulations governing Local Plan production and the Plan would not have been able to progress to adoption.  Failure to have an up to date Local Plan would put the Council at risk of Government intervention. 

To consider any other matter which the Leader is of the opinion should be considered as a matter of urgency, in accordance with the provisions of Statutory Instrument 2012 No 2089, Regulation 11.

There were no urgent items.