Agenda item

(Leader of the Council) To consider the attached report (C-063-2010/11).

(1)        That a recommendation be made to Council that the West Essex Local Investment Plan (LIP) be adopted, subject to an exchange of letters taking place between the Chief Executives of all three local authorities, following formal resolutions by the relevant executive bodies of each local authority, confirming that:

(a)        each district council gives a commitment that it would not seek to instigate a boundary change in respect of any areas where new housing was developed close to its boundary, other than through mutual agreement together with the reasons; and

(b)        if a boundary change was instigated by a third party, the affected councils would work together to ensure that any proposed changes were not to the detriment of either council, particularly in relation to the New Homes Bonus and nomination rights to affordable housing;

(2)        That a further recommendation be made to Council that it makes a formal resolution itself to give the commitment referred to in Recommendation (1), at the same time as it agrees to adopt the LIP; and

(3)        That the Acting Chief Executive be authorised to agree the final version of the LIP, in consultation with the Leader of the Council.

The Leader of the Council presented a report upon the adoption of the proposed Local Investment Plan for West Essex, which had been considered by the Local Development Framework Cabinet Committee at its meeting on 7 February 2011.

The Leader stated that all local authorities were required by the Homes & Communities Agency (HCA)  to produce a Local Investment Plan (LIP) to qualify for further funding in respect of affordable housing and infrastructure within their area. At the suggestion of the Agency, and in view of the relationship that was developing between this Council, Harlow and Uttlesford District Councils, a Joint Local Investment Plan for West Essex had been formulated. This now had to be adopted by the three local authorities involved by 31 March 2011.

The Leader drew the Cabinet’s attention to the proposed draft letter, tabled at the meeting, which it was proposed would be signed by all three Chief Executives by 12 April 2011. This letter would provide a commitment from all three Councils not to seek any boundary changes in areas where new housing had been developed other than through mutual agreement, and that if a boundary review was instigated by a third party then the affected Councils would work together to ensure that any changes would not be to the detriment of either Council, particularly regarding the New Homes Bonus and nomination rights to affordable housing. The Cabinet Committee, based on advice form the Acting Chief Executive and Director of Housing, had judged that such an exchange of letters would have more weight than a short paragraph within a lengthy Joint Investment Plan, especially since any commitments (whether within the Plan or an exchange of letters) would have no legal standing.

The Portfolio Holder for Performance Management, who had chaired the meeting of the Local Development Framework Cabinet Committee, also highlighted the three issues which the Cabinet Committee felt should be included within the Plan, if it would not delay its adoption.

(i)         Transport issues and in particular the Central Underground Line within this District. It was highlighted that the Central Line operated at full capacity during peak periods, and that there was insufficient parking provided at London Underground stations within the District. This could be a significant constraint on any future potential development within the District and it was agreed that this issue should be added to section 3.2 – Transport & Infrastructure – of the Plan.

(ii)        Section 4.1.2, which dealt with the regeneration of the St John’s Road area in Epping, did not make any mention of the proposals for community use that were being considered as part of the Development Brief. It was agreed that this was an oversight and should be included in the relevant section.

(iii)       It was felt that reference should be made to the West Essex Alliance and its objectives, as the Alliance was comprised of the same three Councils.

The Director of Housing confirmed that the three issues highlighted by the Cabinet Committee would be included in the final version of the Plan.

Decision:

(1)        That a recommendation be made to Council that the West Essex Local Investment Plan (LIP) be adopted, subject to an exchange of letters taking place between the Chief Executives of all three local authorities, following formal resolutions by the relevant executive bodies of each local authority, confirming that:

(a)        each District Council would give a commitment that it would not seek to instigate a boundary change in respect of any areas where new housing was developed close to its boundary, other than through mutual agreement together with the reasons; and

(b)        if a boundary change was instigated by a third party, the affected councils would work together to ensure that any proposed changes were not to the detriment of either council, particularly in relation to the New Homes Bonus and nomination rights to affordable housing;

(2)        That a further recommendation be made to Council that to make a formal resolution itself to give the commitment referred to in Decision (1), at the same time as it agreed to adopt the LIP; and

(3)        That the Acting Chief Executive be authorised to agree the final version of the LIP, in consultation with the Leader of the Council.

Reasons for Decision:

The Council was required to submit a Local Investment Plan to the Homes and Communities Agency, if it was to receive any future funding.

The exchange of letters between the three Councils would be seen as a statement of intent and carry more weight than including the issue within the Plan.

Other Options Considered and Rejected:

·                     To not adopt the Joint Local Investment Plan or to not request an exchange of letters regarding potential future boundary changes.

·                     To request further changes to the draft LIP prior to its adoption by the full Council or to not authorise the Acting Chief Executive to agree the final version of the LIP.