QC advises local plan should be withdrawn

North Hertfordshire District Council has published legal advice that it has received on future planning for housing developments in the district in the wake of revised government guidlines.

The advice, which will be discussed by members of the Countil's Execuative Committe on July 18, is being made available in advance of a firm Council decision so that residents get to see it for themselves.

A leading planning barister, Christopher Lockhart-Mummery QC, was commissioned by North Hertfordshire District Council to advise on the implications of changes to the government's Planning Policy Guidance issued earlier this year.

The new Planning Policy Guidance represents a fundamental change in planning for housing nationally. It requires councils to give priority to the re-use of land and buildings before developing greenfield sites.

This has an important bearing on developments in North Hertfordshire, including proposals for West of the A1(M) at Stevenage.

In his advice to the Council, the QC says that the new guidelines have profound implications of the future ofthe Draft Local Plan and recommends its "withdrawal".

He says that consequent difficulties caused by slowing down the panning process would be outweighing by pursuing a Dreft Lcal Plan which did not fully take into acount the government's revised guidlines.

His written advice to the Council states: "I am acutely conscious of the difficulties posed in taking a course which appears to me to be the only rational one available. These difficulties are not of the Council's making."

Chairman of the Executive Committee and Leader of the Council, Cllr Fr Smith said: "it is important to emphasise that oat this stage the Council has taken no decisions on this advice and we have placed no interpretations on its consequences".

"We are publising the opinion, before the Council takes any action, in order for the local community to be informed and to stimulate debate about the planning process."

Their report to the Council's Executive Committee recommend that council officers should be instructed to look at the implications of the QC's opinion. Taking into account the complexity of the issue and the need to consult and involve others, officers have been given until October to report back to committee.

Copies of the QC's guidance can be requested form the Council on #01462 474258.