As explained on the page of this website for the Old Oak Neighbourhood Plan, we are having legal arguments with OPDC planning officers over the next stage of progressing the Forum’s updated Draft Plan.
Several issues are involved. OPDC has commissioned an Opinion from Richard Moules KC of Landmark Chambers. On a non-precedent basis OPDC has provided us with a full copy of this Opinion (see below).
Two main issues are involved:
- The Opinion argues that the Forum cannot simultaneously progress an area application and a neighbourhood plan which is prepared on the basis of a different geographic area compared to that specified in the area application. We sent OPDC in January an initial draft of an application to extend the boundary of the neighbourhood area designated in 2021, to include much of the OPDC Masterplan area. We maintain that submitting a draft neighbourhood plan and applying to vary the boundary are separate legal processes. This is a hypothetical issue at present, as the timeline for OPDC’s procurement of a master development partner now extends into 2027. We can wait to see how this process goes before applying to change the neighbourhood boundary.
- A draft neighbourhod plan has to be ‘independently examined’ before it can proceed to a local referendum. Examination involves demonstrating compliance with a set of ‘Basic Conditions’. The most significant of these has changed recently as a result of clauses in the 2023 Levelling Up and Regeneration Act. The previous condition of showing ‘general conformity’ with the ‘strategic policies’ in the local plan for the area has been replaced. The new condition focuses on housing delivery and requires a neighbourhood plan to deliver no less housing than in the local plan. The Forum has been set by OPDC an Indicative Housing Requirement of 510 new homes across the five development sites that lie within the neighbourhood area. Four of these five sites, we argue, are not included in the site allocations in the 2022 OPDC Local Plan. They are sites identified in a 2021 Development Capacity Study. This type of ‘evidence’ material is not classed as a ‘development plan document’. So we are questioning the legal opinion, and saying that our neighbourhood plan will include sufficient housing numbers to satisfy the new basic condition. Examiners of neighbourhood plans have the relevant experience and act like planning inspectors. We think that there is a good chance that we can make out our case at this later stage of the neighbourhood planning process, as and when the examination stage is reached.
Draft Old Oak Neighbourhood Plan proposals – the five potential development sites are with blue oulines. Proposed Local Green Spaces with green outlines.
The legal opinion obtained by OPDC from Landmark Chambers can be downloaded below:
The response letter from the Old Oak Neighbourhood Forum can be downloaded here:
The Forum will continue to try to resolve these differences of view with OPDC. This will mean a hold up of a few weeks before we formally launch a 6 week ‘Pre-Submission Consultation on the Draft Neighbourhood Plan. In the meantime a preliminary version can be read and downloaded here.