Agenda item

We, the undersigned, hereby requisition an extraordinary meeting of Maidstone Borough Council to consider the following notice of motion:

“In light of the fact that Boughton Monchelsea Parish Council has obtained Leading Counsel’s Opinion which states that:

1.  Maidstone Borough Council does have between a 5-7 years land supply; and

2.  Members were misdirected by using advice in the now cancelled PPS3 instead of the quite different advice contained in the NPPF and that if this advice was used in determination of planning applications, (to the effect that there is a lack of a five year supply), this would be a legal misdirection; and

3.  The twin tests of paragraph 48 of the NPPF relating to windfall sites have been met and that windfall sites have consistently become available in the local area, and the clear evidence is that they will continue to provide a reliable (and indeed significant) source of supply; and 

4.  Members have been given information regarding the Langley Park Farm development which was a misdirection and misleading, and that any planning permission granted based on this advice would be liable to be quashed in the courts as it is clearly a departure from the Local Plan.

We propose that:

1.  With some urgency, an all party investigation is carried out by Members to address the situation where we (the Members) are being given unsound advice (in the opinion of Leading Counsel) and that the investigation team has delegated powers, if necessary, to seek a further opinion from Counsel on this matter.

2.  The investigation team should report back to full Council with its recommendations for future actions to be taken by this Council regarding this matter.”

NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 17 OF THE LOCAL GOVERNMENT AND HOUSING ACT 1989 THAT ALTERNATIVE ARRANGEMENTS FOR APPOINTMENTS TO COMMITTEES OUTSIDE THE USUAL POLITICAL BALANCE REQUIREMENTS MAY BE CONSIDERED IN RELATION TO AGENDA ITEM 11.

It was moved by Councillor Munford, seconded by Councillor Newton, that the following motion be adopted by the Council:

In light of the fact that Boughton Monchelsea Parish Council has obtained Leading Counsel’s Opinion which states that:

1.  Maidstone Borough Council does have between a 5-7 years land supply; and

2.  Members were misdirected by using advice in the now cancelled PPS3 instead of the quite different advice contained in the NPPF and that if this advice was used in determination of planning applications, (to the effect that there is a lack of a five year supply), this would be a legal misdirection; and

3.  The twin tests of paragraph 48 of the NPPF relating to windfall sites have been met and that windfall sites have consistently become available in the local area, and the clear evidence is that they will continue to provide a reliable (and indeed significant) source of supply; and 

4.  Members have been given information regarding the Langley Park Farm development which was a misdirection and misleading, and that any planning permission granted based on this advice would be liable to be quashed in the courts as it is clearly a departure from the Local Plan.

It is agreed that:

1.  With some urgency, an all party investigation is carried out by Members to address the situation where we (the Members) are being given unsound advice (in the opinion of Leading Counsel) and that the investigation team has delegated powers, if necessary, to seek a further opinion from Counsel on this matter.

2.  The investigation team should report back to full Council with its recommendations for future actions to be taken by this Council regarding this matter.

Amendment moved by the Mayor, seconded by Councillor Garland, that the motion be deleted and the following inserted:

The issues of housing targets and how they are to be achieved in the short and long term futures are complex and of significant public interest.

It is therefore imperative that all the key stakeholders, in particular elected Members, the Maidstone community and the house building industry have confidence in the Council’s housing policies, assessment of need and supply, and monitoring arrangements.

To confirm and make transparent the soundness of the advice given by Officers to Cabinet and Planning Committee under the terms of the NPPF relating to the construction of the five year land supply, it is agreed that:

1.  Elected Members are provided with the opportunity to both scrutinise the methodology and judgements that need to be made in calculating the five year housing land supply through Planning, Transport and Development Overview and Scrutiny Committee.

2.  The issues to be considered at a single item agenda of the Planning, Transport and Development Overview and Scrutiny Committee on 17 September 2013 and Overview and Scrutiny Committee should report its findings to Full Council as soon as practicable and in any case should report the position it has reached to the Full Council scheduled for 18 September 2013.

3.  In the meantime Officers should continue to keep the five year housing land supply under regular review in line with the requirements of the NPPF advising the Cabinet Member for Planning, Transport and Development of any incremental changes and reporting to Cabinet when there is a need to consider significant changes in the housing target or land supply.

AMENDMENT CARRIED

The substantive motion was then put to the vote.

SUBSTANTIVE MOTION CARRIED

RESOLVED:  That:

The issues of housing targets and how they are to be achieved in the short and long term futures are complex and of significant public interest.

It is therefore imperative that all the key stakeholders, in particular elected Members, the Maidstone community and the house building industry have confidence in the Council’s housing policies, assessment of need and supply, and monitoring arrangements.

To confirm and make transparent the soundness of the advice given by Officers to Cabinet and Planning Committee under the terms of the NPPF relating to the construction of the five year land supply, it is agreed that:

1.  Elected Members are provided with the opportunity to both scrutinise the methodology and judgements that need to be made in calculating the five year housing land supply through Planning, Transport and Development Overview and Scrutiny Committee.

2.  The issues to be considered at a single item agenda of the Planning, Transport and Development Overview and Scrutiny Committee on 17 September 2013 and Overview and Scrutiny Committee should report its findings to Full Council as soon as practicable and in any case should report the position it has reached to the Full Council scheduled for 18 September 2013.

3.  In the meantime Officers should continue to keep the five year housing land supply under regular review in line with the requirements of the NPPF advising the Cabinet Member for Planning, Transport and Development of any incremental changes and reporting to Cabinet when there is a need to consider significant changes in the housing target or land supply.