Minister issues district council with holding direction over emerging Local Plan amid soundness and legal compliance concerns

A majority of councillors at Three Rivers approved the Local Plan last month and the Regulation 19 consultation was scheduled to start today (6 February).

However, in a letter to the local authority yesterday, the Minister wrote: “As it stands, your emerging plan proposes to meet only 56 per cent of the local housing needs identified by the standard method, leaving a shortfall of over 5,000 dwellings, with little explanation publicly available to justify this approach.”

Pennycook noted that section 20 of the Planning and Compulsory Purchase Act 2004 requires local planning authorities to only submit a plan when they think it is ready for an independent examination.

He told Three Rivers: “Your own committee report highlights a high risk that the plan may fail at examination due to the scale of the shortfall in meeting housing need. As a result, I have little confidence that your emerging plan is satisfactory and capable of being found sound or legally compliant at examination.”

The minister said that, in light of this, he had decided to exercise the Secretary of State’s powers under section 21A of the 2004 Act (inserted by section 145(5) of the Housing and Planning Act 2016), to direct the council not to take any step in connection with the adoption of the Plan, while he considers whether to give a direction in relation to the Plan under section 21 of the 2004 Act.

This direction will remain in force until the minister withdraws it or gives a direction under section 21 of the 2004 Act in relation to the Plan.

Pennycook said he will also be considering directions under section 27 of the 2004 Act “should this be necessary to drive the delivery of a sound plan”.

The minister asked Three Rivers to provide him – by 19 February 2026 – with the full documentation it intends to publish for the Regulation 19 consultation.

Cllr Stephen Giles-Medhurst, Leader of Three Rivers District Council, said: “The council has received the minister’s letter, and we fully intend to comply with the request to supply all the documentation asked for by 19 February.”

When the Local Plan was backed by the local authority in January, Cllr Giles-Medhurst, said: “Officers have worked incredibly hard to get our Local Plan, which I believe balances our housing need and keeps as much of our green belt as possible, to a place where we can submit it to the government. I am pleased that the Local Plan had no votes against from other councillors and is backed by the Three Rivers Joint Residents Association, which represents 22 residents’ groups.”

He added: “Over the years, the government has been urging us to meet their high and unrealistic housing figures – and each time we have rejected this and have fought for a Local Plan that meets about 56% of their target while providing the right types of housing, employment space and infrastructure in the right places and retaining 73% of our greenbelt. We will keep on fighting for a Local Plan that is right for Three Rivers.”