District in Sussex becomes latest to take legal steps over local government reorganisation

The council has also partly blamed the halting of the LGR programme – along with recent revisions to the National Planning Policy Framework (NPPF) – for its decision this month to put a temporary pause on work to prepare its Local Plan.

In June the then Local Government Secretary Steve Reed opted for a two-unitary proposal for East Sussex and Brighton and Hove that had been backed by Lewes along with other authorities.

However, the proposal also included moving East Saltdean, Telscombe and Peacehaven into the jurisdiction of Brighton & Hove City Council, a move Lewes said is widely opposed by residents.

The proposals for East Sussex and Brighton & Hove were among the 14 paused by Reed’s successor, Angela Rayner, last month.

Lewes said it was working “within the strict timescales that apply to judicial review proceedings while the government review continues”.

Its actions follow similar steps being taken by Lancashire County Council, Amber Valley Borough Council, and five district and borough councils in Leicestershire.

Cllr Zoe Nicholson, Leader of Lewes District Council, said: "The pause and review of the government's plans for reorganisation is welcomed, but until the plan to annex parts of our district are abandoned, we must do everything in our power to protect the best interests of our residents.

"We have consistently argued that decisions must be based on evidence, local identity and what is best for residents. Instead, we received proposals that threaten to fragment communities and create uncertainty for the people and businesses we serve.

"By taking this step, we are safeguarding our position and ensuring we continue to have all legal options open to us, if they are required."

In relation to its decision to put a temporary pause on work to prepare its Local Plan, Lewes said the revised NPPF and the review of the LGR programme had “fundamentally altered the planning context in which the Local Plan was prepared and create significant uncertainty around future planning boundaries, housing requirements and infrastructure planning”.

The temporary pause will allow officers to undertake a focused review of government changes to national planning policy and seek urgent clarification from Whitehall on the future of local government reorganisation, it said.

Cllr Laurence O'Connor, Cabinet Member for Planning and Infrastructure, said: "The council has been placed in an extremely difficult and invidious position by the government over recent months. We were asked to plan for one set of administrative boundaries following July's local government reorganisation announcement, only for that proposal to be turned on its head. At the same time, significant changes to national planning policy have fundamentally altered the landscape in which local plans are prepared and assessed.

"The prudent and responsible course is to undertake a focused review, seek answers from government and ensure that any future plan is robust, defensible at examination and based on the most up-to-date information available."

Amongst other things, officers will prepare an interim framework to help guide development and infrastructure decisions, the council said.

Cllr O'Connor added: "A plan based on out-of-date national planning policy won't be worth the paper it is written on. However, if the government is willing to engage constructively with us, we can still deliver a Local Plan that is worthy of all the work so far undertaken, and the many contributions of residents and community groups, to whom I remain hugely grateful."

Lewes’ Cabinet will consider a report later this year that sets out the findings of the review and recommendations on the future direction of the Local Plan. 

Planning Minister Matthew Pennycook has, however, intervened in a number of local authorities recently over decisions either not to progress their local plan, such as North East Lincolnshire Council, restart the process of producing a new local plan, such as West Northamptonshire Council, or progress the local plan to the Regulation 19 stage but only after removing strategic site allocations, such as Rochford District Council.