Agenda item

Report No: CAB/FH/16/042

Portfolio Holder: Lance Stanbury              Lead Officer: Steven Wood

RESOLVED:

That:-

1.           Forest Heath District Council does not seek to challenge the Secretary of State’s decision in regard to the Hatchfield Farm development, but to remain an interested party in the claim of Moulton Parish Council, on behalf of themselves and the Rural Parish Alliance and the Earl of Derby.

2.           Forest Heath District Council to lead a process looking to the future of the Town.  The Cabinet to invite the whole community to join us and work together to develop an exciting new Prospectus for Newmarket that brings together all the different planning and visioning work that is taking place across the Town and District.

(Report No: CAB/FH/16/042)

Councillor Lance Stanbury, Portfolio Holder for Planning and Growth,  presented this report in which the Cabinet were requested to decide whether to pursue a High Court Challenge to the Secretary of State’s decision to refuse to grant planning permission for up to 400 dwellings, with associated infrastructure, in relation to Hatchfield Farm, Newmarket, taking into account the outcomes of the legal advice sought (this legal advice was subsequently circulated at the meeting).

Councillor Stanbury explained the Council’s frustrations, as the Local Planning Authority, as to the effect of the refusal of this application on the Forest Heath district as a whole.  Since the Secretary of State’s decision, work had been undertaken in the consideration of the available options and how these would affect all of the Council’s communities, in order to be able to make the right decision for everyone in Forest Heath.  Councillor Stanbury then outlined these options and the subsequent effects (whether positive or negative). 

If the Council was to enter into a High Court Challenge then this would positively maintain that Newmarket was the most sustainable town and location for growth and there was likely to be less challenge to the Local Plan from Lord Derby and other interested parties. 

The challenge would incur further legal costs to the council tax payer.  There would be a further delay to the completion of the Local Plan, which could not be adopted by the end of 2017 as planned.  Not being able to adopt the Plan would mean the loss of the New Homes Bonus and also under new planning legislation, the Secretary of State could intervene with the Plan if progress was not made.  It would also leave the Council open to speculative planning applications in the District, as the Plan would be out-of-date.

If the Council was not to enter into a High Court Challenge then there would be no additional cost to the council tax payer.  The Council would be able to continue with the Local Plan for adoption by the end of 2017.  Taking into account the planning permissions granted since April 2016, the Council only needed to find sites to accommodate 145 homes to make up for the loss of the Hatchfield Farm site (this equated to less than 10 homes a year over the remaining 15 years of the Plan period).  However, Lord Derby and other interested parties could still decide to challenge the Local Plan.

Therefore, Councillor Stanbury firstly proposed to the Cabinet, that Forest Heath District Council did not seek to challenge the Secretary of State’s decision in regard to Hatchfield Farm development, but remained an interested party in the claim of Moulton Parish Council, on behalf of themselves and the Rural Parish Alliance and the Earl of Derby.

Councillor Stanbury then went on to highlight the opportunities which he considered were now available.  He explained that the Secretary of State had recognised that Newmarket was a unique place and of great importance to the national economy and a meeting was being arranged with him to discuss Newmarket in the wider setting.

There was a huge opportunity for all parts of the community to work together to create a new prospectus for Newmarket and its community (ie businesses, the local community, the Town Council and established working groups) to feed into the preparation of the new Local Plan.  Such a process and prospectus would provide valuable evidence to support the next Local Plan, which would commence in early 2018.  Therefore, Councillor Stanbury secondly proposed to the Cabinet, that Forest Heath District Council led a process looking to the future of the town and for the Cabinet to invite the whole community to join with the Council and work together to develop an existing new Prospectus for Newmarket, that brought together all the different planning and visioning work that was taking place across the town and district.

The remaining Cabinet Members then took the opportunity to also speak on this item and supported Councillor Stanbury’s proposal not to seek to challenge the Secretary of State’s decision, for the reasons previously stated and also supported the proposal for the creation of a new prospectus for Newmarket.

Prior to the voting on this item, the Council’s Lawyer advised the Cabinet that as an application to challenge the Secretary of State’s decision had to be made by the deadline of 12 October 2016, the Chairman of the Overview and Scrutiny Committee had agreed that the decision should be exempted from the Call-in procedure, as it was both reasonable for the Council to take such a decision now in all the circumstances and to the decision being treated as a matter of urgency (in line with Part 4: Overview and Scrutiny Committees Procedure Rules; paragraph 14.4 of the Council’s Constitution).

The proposals made by Councillor Stanbury were then seconded by Councillor Andy Drummond and with the vote being unanimous, it was

RESOLVED:

That:-

1.           Forest Heath District Council does not seek to challenge the Secretary of State’s decision in regard to the Hatchfield Farm development, but to remain an interested party in the claim of Moulton Parish Council, on behalf of themselves and the Rural Parish Alliance and the Earl of Derby.

2.           Forest Heath District Council to lead a process looking to the future of the Town.  The Cabinet to invite the whole community to join with the Council and work together to develop an exciting new Prospectus for Newmarket that brings together all the different planning and visioning work that is taking place across the Town and District.