Agenda item

To update and consult the Selby and Ainsty Area Committee on the Inspector’s Report on the Examination of the New Settlement (Maltkiln) Development Plan Document (DPD) and the recommendation for adoption of the DPD.

Kate Exley, Planning Policy & Place Officer, provided a presentation which summarised the report. The following additional points were made.

·        Consideration has been given to how the Maltkiln development would integrate with the surrounding villages.

·        One of the Inspector’s Main Modifications was to revise the policy boundary. The new boundary would facilitate an alternative vehicular access, which would ensure that delivery of the earlier phases of development would not be dependent on further negotiations and/or CPO. The revised boundary would also facilitate the relocation of an existing plant nursery business (Johnsons of Whixley).

·        It was confirmed that the second recommendation in the report serves as a contingency, allowing for minor amendments if required.

Following the presentation, Natasha Durham, Delivery and Infrastructure Manager, briefly discussed a letter which had been circulated to the Committee prior to the meeting.

The letter from Veritas Planning Ltd, on behalf of a landowner within the proposed settlement boundary, stated that a portion of the land remains unavailable, as was the case during the Examination in Public. It noted that the Inspector’s report does not assess the sustainability of the settlement if compulsory purchase fails. The letter argued that the Council has not shown it can deliver a CPO that meets the necessary legal and policy tests, and suggested that failure would render a significant part of the settlement undeliverable, undermining its overall sustainability. It also recommended that the sustainability appraisal should consider the implications if the land were to remain unavailable.

It was reported that officers have reviewed the letter and do not consider any of the arguments to have merit. On the deliverability of Maltkiln and the potential use of a CPO, officers reported that the Council has received legal advice indicating a compelling case could be made if required. It was highlighted that the Inspector has concluded that the land in question is a valid part of the allocation, and its inclusion remains justified. Officers highlighted that concerns about the sustainability appraisal (including whether it should have considered an option excluding the land) were addressed during the examination and in the Inspector’s report. It was confirmed that the Council is confident the appraisal process was sound, and the independent Inspector has agreed. Officers concluded by saying that there is no evidence of unfairness, and that nothing in the letter alters the report’s recommendations.

A discussion followed and the below points were raised.

·        It was confirmed that the proposed settlement spans land owned by multiple parties, and that Veritas Planning Ltd’s client appears to be acting as a representative for the wider group of landowners.

·        Concerns were raised that the Council had not sufficiently assessed the impact of a failed CPO. Officers responded that the land was deemed necessary, and therefore on 12 December 2023, the Executive agreed in principle to pursue a CPO, based on legal advice indicating a compelling case. It was confirmed that the DPD considers the settlement as a whole and does not explore scenarios where a CPO might fail.

·        Councillor Arnold Warneken asked that it be noted he had concerns about the Council progressing with the proposal without fully understanding the potential impact if the CPO is unsuccessful.

The recommendations outlined in the report were proposed and seconded and a vote was taken. The motion was declared carried with 10 in favour, 1 against and 1 abstention.

Resolved

a)     That the Committee proposes to Executive that they recommend to Full Council that the New Settlement (Maltkiln) DPD and accompanying Policy Map, incorporating the Inspector’s recommended Main Modifications, are adopted.

b)     That the Committee proposes to Executive that they recommend to Full Council that the Corporate Director of Community Development in consultation with the Executive Member for Open to Business, be authorised to make further additional modifications to the documents. Those modifications may relate exclusively to factual updates, grammatical and formatting corrections.