21 November 2022

The Local Plan

In the August magazine we reported that Swale Borough Council had adopted a new timetable for the local plan. At that time changes in national policy guidance were expected to be published in July. The aim was to publish a revised plan for public consultation (known as regulation 19 consultation) in November which would take account of the new policy guidance.

Since the summer there has been considerable politic upheaval in central government. Liz Truss said that housing targets for local authorities would be removed. Plans for investment zones were announced, which would remove virtually all planning restrictions. Kent County Council has proposed several investment zones in Kent, but fortunately none in Swale. There is considerable uncertainty as to what changes are still on the table.

With the policy guidance expected in July still not having been published and further uncertainty added by the changes in government, Swale Borough Council is in a very difficult situation. There is little point in spending considerable effort and expense producing a consultation document which may be out of date before it is published. Therefore, along with many other councils, Swale has decided to pause the local plan process. Work in gathering evidence to support the revised local plan will continue, so the council will be able to publish a robust plan once the required guidance has been received. There is no set timetable in place, but it is expected that a revised local plan will not be published for 12 – 18 months.

The existing (2017) local plan remains in place and all planning applications must be evaluated against the local plan policies. However, as an update is overdue, it does allow developers to argue that the plan is out of date. In addition, as a revised local plan has already been consulted on, it too has some weight in planning decisions. In effect the situation is similar to that which has applied since February 2019 when the previous administration could no longer demonstrate a 5-year land supply. Under these circumstances a ‘tilted balance’ in favour of sustainable development applies. However, development still must be in the right place. Inappropriate development can be refused. The council has been successful in defending refusal of inappropriate development at appeal.

Tim Valentine (TimValentine@swale.gov.uk) 07752 191807

Alastair Gould (AlastairGould@swale.gov.uk)

Swale Borough Councillors for Boughton & Courtenay.

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