Elmbridge draft Local Plan Examination in Public update

28 November: Government's refusal to extend Local Plan timeline forces Elmbridge to restart

Residents will be aware that after two stages of the Elmbridge draft Local Plan Examination in Public, the Planning Inspector informed us in September that she would deem the Plan “unsound” in its current form, meaning it would not be approved.

Since then, we have been vigorously communicating with both the Planning Inspectorate and the Minister of State for Housing and Planning, urging them to grant Elmbridge a 12-month extension to finalise our draft Local Plan.

Now, after months of pressing both parties to grant us more time to work on the draft Local Plan, which would bring new homes to the borough and support our community to thrive, our extension request has been denied.

It is clear to us that building new homes is not this government’s priority. Instead, it seems intent on forcing Elmbridge Borough Council and our residents to restart the lengthy 3-4 year process of developing a new Local Plan, with the significant additional costs (potentially £1million) this will bring to the council.

In his letter to the Council, Matthew Pennycook MP, Minister of State for Housing and Planning says: “I can appreciate that you are very disappointed that this is the conclusion the Inspector reached, but the Secretary of State has appointed the independent Inspector to conduct the examination, and I consider it is for the Inspector to make a decision regarding the soundness of the Elmbridge Local Plan, having regard to the evidence base and informed by the initial hearings.”

Process over people

We have always believed that having a Local Plan is in the best interest of Elmbridge. A plan-led approach allows us to manage development and the infrastructure needed to support it.

Our goal was to create a Local Plan that would foster a thriving Elmbridge, enabling us to build homes with the necessary infrastructure, promote good design that enhances wellbeing and addresses climate concerns, and protect and enhance biodiversity in our borough. We were ready to deliver this to the government within 12 months and were prepared to take on board the Inspector’s decisions on green belt release to achieve these goals, while maintaining our precious green spaces. However, the government has decided that process is more important than people.

Having been forced to reconsider our draft Local Plan, and in line with the Council’s constitution, a report will be brought to Elmbridge Cabinet in February and then to Council with the options before us, either withdraw the Plan or the Inspector will issue her final report finding the plan “unsound”. In both scenarios, work will need to start on a new draft Local Plan for Elmbridge. 

This is not the direction we wanted for Elmbridge as we recognise the urgent need for more affordable homes in our borough. However, we have been left with no further recourse by a government determined to put procedure over community need.

During this period our residents should know that our current planning policies, including those on protecting biodiversity and good design, continue to apply and through these we can ensure the character of Elmbridge is retained.

Planning for the future

In the coming weeks and months, we will navigate the timetable and resources necessary for the next 3-4 years of the new draft Local Plan. Indeed, we have already started a ‘call to sites’ which will now be reopened as we ask landowners to put forward land in Elmbridge they deem to have the potential for development.

However, there are many considerations in preparing for a new draft Local Plan. Not least among these are the government-backed changes to the National Planning Policy Framework (NPPF), expected to be released in late December. Additionally, we must brace for more fundamental changes to the planning system coming in late summer/early autumn 2025.

We want to ensure you, our residents, are kept fully updated on the new draft Local Plan. We will issue further updates in the new year, and we will also host a series of face-to-face meetings in the first few months of 2025, to answer your questions on many key issues impacting Elmbridge, including the Local Plan. We will have more details on these events soon.

In conclusion, no matter what policies or resets are announced by central government, our residents can be assured that we will always work to do what is best for the Elmbridge community.

Cllr Mike Rollings, Leader, Elmbridge Borough Council
Cllr Simon Waugh, Deputy Leader, Elmbridge Borough Council
Cllr Janet Turner, Leader, HWRA

Your questions answered on the draft Local Plan.

8 November: Deputy Leader's letter to Trudi Elliott, Chair of the Planning Inspectorate

Councillor Simon Waugh, Deputy Leader of Elmbridge Borough Council, has written to Trudi Elliott, Chair of the Planning Inspectorate, to thank her for her interest in the Elmbridge Local Plan and her commitment to review our request to complete our draft Local Plan already at examination.

You can read the letters below:

23 October: Elmbridge Borough Council urges reconsideration of denied Local Plan extension request

We have been informed by the Planning Inspector that our request for a 12–15 month timetable to rework our draft Local Plan has been denied. The link to her letter is below.

We are now urging both the Minister of State for Housing & Planning and the Planning Inspectorate to reconsider their response and to do what is best for Elmbridge by allowing us 12-15 months to provide them with a draft Local Plan that could be deemed sound.

In her interim findings letter, the Planning Inspector highlighted the urgent need for more homes in Elmbridge, particularly affordable ones. She acknowledged that "exceptional circumstances do exist to warrant an element of green belt release." Despite this, we were given an unrealistic six-month deadline to address the recommendations provided.

We took these comments seriously and proposed a realistic 12-15 month timetable. This period would allow us to adequately address the needs of the Elmbridge community while also meeting the requirements set forth by the Planning Inspectorate. 

However, our request to extend the timetable to an achievable 12 month and ideally 15 months (allowing for community engagement) has been denied.

In her letter the Inspector says: “Whilst I acknowledge that you have specifically requested that I take a pragmatic approach, the Minister’s letter is clear that pragmatism should not be used where it would be likely to require pausing or delaying the examination process for more than 6 months overall, as would be the case here.”

The Inspector is referring to the letter from Matthew Pennycook MP, Minister of State to the Chief Executive of the Planning Inspectorate, setting out a very specific six-month only time period for councils to rework their draft Local Plans under examination. 

The Inspector writes in her response to our request for a 12-15 month timetable: “This is well beyond the 6-month overall time period set out in the Ministers letter of the 30 July 2024.”

Reasonable approach sought for Local Plan

It is in the best interest of Elmbridge to have a Local Plan. A plan-led approach allows us to manage the scale of development likely to occur over the next 15 plus years and the infrastructure that is required to support it. 

Therefore, Elmbridge Cabinet is writing to both the Minister of State and the Planning Inspectorate, strongly urging them to reconsider their decision in light of the following:

• A six-month timetable is entirely arbitrary. Anyone familiar with the complexities of creating a Local Plan understands that this is an unrealistic target.
   
• We share the government's view on the importance of Local Plans and the need for new homes, especially affordable ones. This is why we are committed to dedicating resources to rework our draft Plan and have it ready within 12-15 months, rather than spending 3-4 years creating a new draft Local Plan. Isn't this the most reasonable approach?
   
• By denying our 12–15 month timetable, the Minister is disregarding public finances. Why allocate 3-4 years of resources to create a new Local Plan when we can update the draft Plan in just 12-15 months?
   
• We aim to create a Local Plan that fosters a thriving Elmbridge, enabling us to build homes with the necessary infrastructure, promote good design that enhances wellbeing and addresses climate concerns, and protects and enhances biodiversity in our borough. We can deliver this to the government in 12-15 months and we are prepared to make tough decisions on green belt release to achieve these goals. Why jeopardise this progress and delay these outcomes for 3-4 years?

What are our options?

If the government insists on adhering to their arbitrary six-month timetable, we are left with two options:

1. we ask the Inspector to prepare her report on the Local Plan knowing the Plan will be found ‘unsound’.
    
2. we withdraw the Plan, before moving forward with a new draft Local Plan for Elmbridge.

This is not the direction we wanted for Elmbridge. We recognise the urgent need for more affordable homes in our borough and acknowledge the government's demands for increased house building. Therefore, we are urging the government to act in the best interest of Elmbridge residents by allowing us 12-15 months to prepare a draft Local Plan that benefits both the government and our community.

In the meantime, our current planning policies, including those on protecting biodiversity and good design, continue to apply and through those we can ensure the character of Elmbridge is retained.

We will update you again when we hear back from the Minister of State and the Planning Inspectorate.

Cllr Mike Rollings, Leader
Cllr Simon Waugh, Deputy Leader
Cllr Janet Turner, Leader, Hinchley Wood Residents’ Association Group

3 October: Response to Planning Inspector's interim findings

The Planning Inspector has given permission for us to share our response to her letter on the draft Local Plan Examination in Public.

You will see two letters of response, one from Elmbridge Borough Council and one from the Leader, Deputy Leader and Leader of Hinchley Wood Residents’ Association Group.

An open letter to residents on the draft Local Plan

Dear residents of Elmbridge,

We have written to the Planning Inspector and provided a timetable for the additional work suggested to move forward with the draft Local Plan. The Planning Inspectorate asked us for a six-month timetable, we are providing a timetable of 12 months and ideally 15 months allowing us the opportunity to talk to you about any proposed changes. We await the decision of the Inspectorate.

We presented an ambitious Local Plan, reflecting our community’s views on new homes, infrastructure, and green belt protection. However, the Inspector advised that it doesn’t provide enough new homes for Elmbridge, especially affordable homes, and she has suggested considering green belt development. This left us with choices: continue with the current Plan, attempt to meet an unattainable six-month Government deadline, propose an alternative timetable, or withdraw and start over leaving us vulnerable to speculative development.

We have thought long and hard about each of the options and we always come back to the same question, ‘What is best for Elmbridge?’ 

• We believe it is best for Elmbridge to have control of development and that having a Local Plan in place achieves that, enabling more affordable homes, especially key workers.
   
• We believe it is best for Elmbridge to seek to meet a housing need of 650 homes per year rather than the unreasonable proposed figure of 1,443 each year.
   
• We believe it is best for Elmbridge to engage with residents informing them of any changes to the current draft Local Plan, including assessing new land options.
   
• We believe it is best for Elmbridge not to spend £1M plus and 4years of resources on a new Local Plan, when 15 months and £500K could secure a new Local Plan for Elmbridge.

Given all this, we are requesting a realistic 15-month timetable to further develop the Local Plan, assess potential housing sites including those in the Green Belt, and gather resident feedback. However, we understand the final decision rests with the Planning Inspectorate

Safeguarding Elmbridge against repeated speculative green belt development and ensuring we, as Councillors, represent our residents’ views is of utmost importance.

We await the Planning Inspectorate’s decision and will update you. We’ll also host a public meeting to answer your questions once we know our next steps.

Thank you for your support.

Cllr Mike Rollings, Leader, Elmbridge Borough Council
Cllr Simon Waugh, Deputy Leader, Elmbridge Borough Council
Cllr Janet Turner, Leader, Hinchley Wood Residents’ Association Group

2 October: Local Plan update

Following our previous update on the draft Local Plan below, residents will be aware that we had a deadline of 2 October to submit our response to the Planning Inspector. We have been working very hard on the response, weighing up all the options and always considering what is best for Elmbridge.

We have now submitted our response to the Planning Inspector, and we await her permission to publish that response.  It is important that our residents are fully informed on the Local Plan and as such we will publish our response as soon as we are permitted.

Cllr Mike Rolling, Leader

Cllr Simon Waugh, Deputy Leader

17 September: Planning Inspector's interim findings

Following two stages of the Elmbridge draft Local Plan Examination in Public, the Planning Inspector has written to us with her findings and recommendations on the Elmbridge Local Plan. 

The letter is available below for residents to read.

The key takeaway from the letter is that in its current form, the Inspector finds the Elmbridge draft Local Plan “unsound” meaning she would not approve the Plan in its current form. 

However, a pathway towards a revised draft Local Plan which could then be deemed “sound” has been provided by the Inspector.

The Inspector also acknowledges the government’s recent actions to increase house building in England, including the current consultation on the National Planning Policy Framework (NPPF) which would increase Elmbridge’s housing target to 1,443 per year. 

While these are of course considerations for all local authorities, residents should be aware that the Elmbridge draft Local Plan is being assessed against the current NPPF which has a housing target of 650 per year. 

Key points from the Inspector’s letter

We would highlight the following points from the letter:

• “My view is that the Plan as submitted is unsound. The Plan may be capable of being made sound through main modifications.”
   
• “Based on the Council’s identified supply…this would mean that there would be a shortfall of around 6,300 dwellings over the Plan period as a whole. This is a very significant shortfall which requires an alternative approach to meeting the housing needs of the borough over the plan period.”
   
• “The Plan should be modified to ensure that there are sufficient sites to provide for the minimum 5 years’ worth of housing against the housing requirement”. 
   
• “Contrary to the views expressed by the Council, it is my view that the benefits of doing so would outweigh the harm to the green belt and as a result, exceptional circumstances do exist to warrant an element of green belt release”. 
   
• “The release of an element of green belt land to meet the identified housing needs would be a justified and effective approach in this instance.”
   
• “The Council should, in light of the content of this letter, reflect on the actions I have identified as necessary to make the plan sound…”
   
• “The Council should revisit the Sustainability Appraisal, the options for meeting local housing need, the conclusions drawn in relation to the green belt work already completed and consideration of all alternative sites, including the potential release of green belt sites, to address the 6300 housing shortfall.”
   
• “The delivery of affordable housing is one of the most pressing issues facing the Borough and is identified as a key priority for the Council.”
   
• “This ranks Elmbridge as one of the least affordable boroughs in the country.” 
   
• “Given the acute position regarding current affordable housing need, the scale of the backlog and the ever-worsening position regarding affordability ratios within Elmbridge, it is my view that the Council should seek to address the backlog during the plan period.”

Best interests of Elmbridge considered

Our draft Local Plan was always an ambitious one as it looked to balance resident views on green belt development, against a high need for new homes in the borough, especially more affordable homes. 

We submitted a draft Plan for examination that had the best interests of Elmbridge at its heart, as it sought to provide a Plan focussed on sustainability and biodiversity, with new homes and economic growth, while protecting the green belt.

However, we need to rethink that approach considering the Inspector’s letter.

We understand this may alarm some residents. Building on green belt has historically not been favoured by our residents, with fears of uncontrolled and out of character development into green spaces often voiced.

While tough decisions will have to be made in the weeks and months ahead, we can assure you that our Design Code and other existing and active planning policies protect our borough and ensure that development is in keeping with the character of our towns and villages.

Revisiting the Local Plan growth strategy to look at green belt sites does not undermine our existing policies that protect the borough’s green spaces. We will continue to have robust policies to protect green belt and green spaces in our towns and villages. Allocating green belt sites through the local plan process removes their green belt designation and their protection. It does not make all green belt sites suitable for development. 

Delivery timetable

The next step is for us to work up a bold and achievable timetable to deliver the changes to the draft Local Plan proposed by the Inspector. We will need to work quickly and robustly to show the Inspector that we are committed to delivering a sound Local Plan for Elmbridge. 

The Inspector has indicated that the new government has set a target for plan modifications to be achieved in six months. However, the Planning Inspectorate does have the discretion to lengthen this timeframe. It is likely that completing the tasks outlined in the Inspector’s letter will require more than six months. We are currently evaluating the timetable and programme needed to accomplish this work.

Doing nothing is not an option

If we don't act, Elmbridge’s planning decisions will be vulnerable to challenges, which could result in us losing control over development in the borough. This might lead to applications for projects on land we find unsuitable, and a higher number of decisions being made by the Planning Inspector through the appeals process. A sound Local Plan is the only way we can ensure sustainable development in our communities with the necessary supporting infrastructure – roads, schools and medical facilities.

In the meantime, residents can be assured that the current planning policies in place continue to protect and support our borough.

We appreciate the advice given by the Inspector and the opportunity to further progress the draft Local Plan. We are also grateful for the level and quality of work our officers have dedicated to the draft Local Plan.

We were committed to submitting a draft Local Plan that responded to the views of our residents, especially on green belt development. We knew there would be questions asked and we marched forward with the best interests of Elmbridge in mind.  We will continue to have that ethos as we strive to do our very best for Elmbridge.

We will provide a further update in a few weeks. 

Cllr Mike Rollings, Leader

Cllr Simon Waugh, Deputy Leader

Answering your questions on the draft Local Plan update.