Minister orders council to hold Regulation 19 consultation on local plan

Housing and planning minister Matthew Pennycook, said in a letter to Reform UK council leader Oliver Freeston: “I am therefore concerned by the council’s decision not to progress the Regulation 19 Local Plan for consultation and subsequent submission for examination.

“As you know, considerable time, effort and investment has gone into the preparation of this emerging plan. The decision not to progress it would not only see that time, effort and investment wasted, but would create further uncertainty and leave the council exposed to ongoing speculative development as a result of not having an up-to date plan.”

The minister told the council that it must by 30 September start a Regulation 19 consultation on the emerging plan and a revised Local Development Scheme, with submission of the plan for examination by 31 December.

Pennycook said he acted under the Planning and Compulsory Purchase Act 2004, and warned the council that its lack of an up-to-date plan meant there was “a high likelihood that development will come forward on a piecemeal and speculative basis, with reduced public engagement and fewer guarantees that it will make the most of an area’s potential”.

He said North East Lincolnshire’s failure to support the Regulation 19 Local Plan consultation was “clear evidence of a failure to do something necessary in connection with the preparation of the plan, particularly taking into account the very limited time to prepare a plan in the legacy planning system,

“Taken together, I consider that this meets the statutory test for intervention.”

While the council had a positive record of delivering against the housing delivery test, it last adopted a plan in 2018 and could not demonstrate a five-year housing land supply.

It must now report monthly to the minister on the plan’s progress.

A council statement said: “Council members met last week to discuss whether to start the Regulation 19 consultation for the Draft Local Plan. After discussion, the majority of members voted not to take this Draft Local Plan forward.

“Following a meeting requested by MHCLG on Friday 25 September, the Minister has issued NELC with a statutory direction, instructing us to progress to Regulation 19 consultation, and to submit our local plan by 31st December as per the timetable. Further information about the next steps will be released when confirmed.” 

Mark Smulian