Mole Valley Local Plan

Debate between Paul Beresford and Felicity Buchan

Thursday 22nd February 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Felicity Buchan)]

I congratulate my hon. Friend the Member for Mole Valley (Sir Paul Beresford) on securing this debate and on his eloquent speech. I would like to respond by commenting on the latest position of the emerging Mole Valley local plan, and by explaining why the Department has intervened.

On 25 January, the Secretary of State exercised his powers under section 27 of the Planning and Compulsory Purchase Act 2004 to direct the council not to take any step to withdraw the plan from examination. As my hon. Friend has alluded to, my ministerial role in the planning system dictates that I cannot go into the specifics of the local plan, which remains at the examination stage. However, I will try to deal with some of the general points and the reason why we have taken action.

My hon. Friend will know that Ministers have consistently set out the importance of having an up-to-date plan in place. As he correctly said, the Mole Valley local plan is from 2009—remarkably, it is over 14 years old. It should have been updated many years ago. As he rightly said, that puts the plan in the bottom 7% of plans in the country by age. That is clearly not acceptable.

The council submitted its emerging local plan for examination in February 2022, and the hearing sessions commenced in June that year. It is the role of the independently appointed inspectors to look at whether the plan is legally compliant before considering whether it is sound. For a plan to be found legally compliant, the local planning authority must demonstrate that all the procedural checks and balances had been followed. Effective co-operation early in the plan-making process is essential to ensure that the homes and infrastructure needed are planned for. Authorities are expected to collaborate with stakeholders to identify the relevant strategic matters to be addressed. For a plan to be considered sound, it should be positively prepared, justified, effective and consistent with national policy. Ultimately, the inspectors may report that the plan is unsound and cannot be adopted by the local council—as my hon. Friend will understand, that is not for me to decide.

As I have said, Mole Valley has an old local plan, so having an effective and up-to-date plan in place is long overdue. Such a plan is essential to identifying the very latest development needed in any given area, deciding where it should go and dealing with planning applications. The plan is also the main vehicle for setting out the vision for Mole Valley and how to address housing needs, along with economic, social and environmental priorities. It is for the independent inspectors to consider the council’s planned strategy, but I know that Mole Valley’s emerging strategy has been not to fully meet its own housing needs. It is clear that Mole Valley has not been delivering homes—its delivery is within the bottom 10% nationally, as shown in the latest housing delivery test results. The council has indicated, as part of its examination documentation, that it had a shortfall of 1,164 dwellings over a five-year period, with only 2.9 years of supply. My hon. Friend will also know that housing affordability is a significant issue in Mole Valley. The council is clearly way, way behind, first on having a plan, and secondly on delivery of housing.

The inspectors had agreed to pause the examination between February and May 2023 to take account of the local election result. That pause was later extended to allow for publication of the updated national planning policy framework. That was a perfectly reasonable position to take. However, the transitional arrangements in the updated NPPF make it clear that the Mole Valley local plan will be examined using the pre-December 2023 NPPF—that is, the NPPF under which the draft local plan was developed.

My hon. Friend will know that our Government’s policy is clear: councils and their communities are best placed to take decisions on local planning matters, without unnecessary interference from central Government. However, when it becomes clear that a council is not acting in the best interests of its communities, it is only right that the Government consider whether it is appropriate to act. With that in mind, the Department became aware of an extraordinary council meeting arranged for 25 January, which included a motion to withdraw the local plan from examination.

It is not unusual for a council under a new administration to want to change direction on its local plan, but that is normally before a plan is formally submitted for examination. However, there was no change of administration at Mole Valley; a Liberal Democrat administration voted to submit the plan to examination, and a Liberal Democrat administration subsequently wanted to consider a motion to withdraw the plan. That was after the plan had reached an advanced stage in the process; the hearings had been completed and the main modifications were to be finalised. This is highly unusual.

The council had one of the oldest adopted local plans in the country. Withdrawing the plan at that stage would have meant starting the whole plan preparation process again. The Secretary of State quite rightly concluded that such an action would not be in the best interests of the people of Mole Valley and decided to intervene. I am sure that my hon. Friend would agree that further delay in a plan coming forward would not serve his constituents’ interests.

[Sir Paul Beresford]

I completely agree with the Minister, and with the reasons why the Minister for Housing, Planning and Building Safety wrote to the council. The difficulty is that there were two choices left: one was to withdraw from the green belt; the other was to remain. The council’s choice was to retain the green-belt sites. The Minister said that the council will have to justify its decisions. As I see it, the council will have to justify why it has 30 or so sites—perhaps individually—in that plan in the green belt, in spite of the fact that the local population are vehemently against that.

[Felicity Buchan]

As my hon. Friend will appreciate, I cannot talk to the specifics of the plan—that is not my responsibility. However, I will talk generally about the Government’s philosophy on the green belt. Just to be clear, the process is that the local plan goes to examination by the Planning Inspectorate, and the Planning Inspectorate comments on the plan. It then goes to consultation.

It is definitely not in the interests of my hon. Friend’s constituents for there to be further delay in the plan coming forward, as that may well mean that homes are built on a speculative basis, with no co-ordination and with limited buy-in from local people. Even the council has acknowledged that in the absence of an updated plan, with no prospect of a new plan coming forward for years, the district would be at risk of developments on green-belt sites getting planning permission because of the district’s poor housing delivery record.

I am pleased to hear that following the Secretary of State’s most timely direction, Mole Valley District Council has indicated its willingness to progress, and to then conclude its work at the examination. Its intention is to inform the inspectors that the council wishes to continue with the draft local plan, subject to the modifications identified by the inspectors.

I want to step away from the details of Mole Valley and the local plan, update the House, and clarify the Government’s position on green belt. Let me touch on what we are doing to not only protect but enhance our green belt. I am proud to say that our national planning policy delivers on the promises we made in the 2019 manifesto. The Government remain committed to protecting and enhancing the green belt. National planning policy includes strong protections to safeguard this important land for future generations, and this policy remains firmly in place. I should emphasise that national policy will continue to expect that green belt boundaries are altered only where exceptional circumstances can be fully evidenced and justified at examination of the revised plan. In order to demonstrate exceptional circumstances, a local authority has to show that it has examined all other reasonable options for meeting its identified development needs. Green belt release is a last resort.

[Sir Paul Beresford]

In broad terms, is it not unacceptable to assume that an exceptional circumstance is the need to increase housing? It certainly was when I was in the Minister’s shoes. Is that still the case?

[Felicity Buchan]

The Government’s position is clear; let me restate it. To demonstrate exceptional circumstances, the local authority has to show that it has examined all other reasonable options for meeting its identified development needs. As I say, green belt release is definitely the last resort.

Question put and agreed to.