Core Strategy Publication
Cala Homes appeal status updated 7 June 2011 (see Changes to Government Policy section below)
This page is no longer being updated. For the most recent information on the Core Strategy, please follow this link to the Core Strategy Examination page.
Position up to 1 March 2011
Following the close of the consultation on the Revised Proposed Submission Core Strategy, the Local Development Framework Advisory Group was due to consider a report on the Core Strategy on 15 December 2010. This meeting was cancelled to allow time to consider the implications of the Localism Bill for the Core Strategy (The Localism Bill was published on 14 December 2010 and can be viewed at http://services.parliament.uk/bills/2010-11/localism/documents.html ). The meeting of the Local Development Advisory Group was rescheduled for 5 January 2011.
At the Local Development Advisory Group meeting on 5 January 2011 it was agreed to carry the Core Strategy forward to submission. This was confirmed through a delegated decision taken by Councillor Galloway on 20 January 2011. A further delegated decision was taken on 11 February 2011 where updates, clarification and factual corrections to the
Revised Proposed Submission Core Strategy were agreed, including some additional text in tables 18.1 and 18.2 (the additional text will be added to the report that is available on this link Delegated Decision 11 February 2011). The Core Strategy was submitted to the Secretary of State for examination on 1 March 2011. For the most recent information and updates on the Core Strategy examination page.
Pre-Submission Consultation November 2010
The Core Strategy pre-submission consultation on the Revised Proposed Core Strategy ended 17 November 2010. If you would like to view the representations received please contact the Development Plans Team.
Full details of the Revised Proposed Submission Core Strategy consultation.
Changes to government policy
In February 2010, the Council published a ‘Pre-Submission Version’ of the Core Strategy, and the public were invited to comment on the ‘soundness’ and legality of the document. We had planned to submit the Core Strategy to the Secretary of State for Examination in August 2010.
However, in May 2010, a few weeks after the end of the Pre-Submission consultation, the Secretary of State announced his intention to abolish Regional Spatial Strategies. This was confirmed on 6 July 2010 by the decision to revoke Regional Spatial Strategies, including the South East Plan, with immediate effect. The South East Plan had determined our housing figures, setting out the number of homes to be built in the Borough over the coming decades (Get more information on regional planning and Local Enterprise Partnerships).
Following the revocation of the South East Plan the Council took the opportunity to review its plans for the future of the Borough, in light of the deletion of the regionally imposed housing targets.
On 10 November 2010 a judgement on the Cala Homes case in the High Court was issued. This case successfully challenged the decision on 6 July by the Secretary of State to revoke Regional Spatial Strategies, thereby reinstating Regional Spatial Strategies (for Milton Keynes that is the South East Plan, published in May 2009) as part of the Development Plan.
On the date of the decision (10 November) CLG's Chief Planner, Steve Quartermaine, issued a letter stating that the intention remained to abolish Regional Spatial Strategies and local planning authorities and the planning inspectorate should, therefore, continue to have regard to this intention in decision making.
Cala Homes sought a judicial review of the Secretary of State's statement of 10 November 2010, the letter of the Chief Planner of the same date and to the Secretary of State's letter of 27 May 2010. The grounds for this were that the Government's intended revocation of Regional Strategies by the promotion of legislation for that purpose in the forthcoming Localism Bill was legally immaterial to the determination of planning applications and appeals prior to the revocation of Regional Spatial Strategies.
On 7 February 2011 Justice Lindblom rejected all grounds of the challenge and dismissed the claim for judicial review. This means that the government's intention to revoke Regional Spatial Strategies through the Localism Bill stands as a material consideration in planning decisions. Cala Homes appealed the decision.
On 27 May 2011 the Court of Appeal dismissed Cala Homes' appeal (Appeal Decision). Lord Justice Sullivan did, however, state that, at the moment, the Government's intention to revoke Regional Spatial Strategies may only be worthy of being given weight in "very few" cases. So, while it was made clear that there may be circumstances where the Government's intention to revoke Regional Spatial Strategies should be given weight in planning decisions, it made clear that local planning authorities would be acting unlawfully if they took the intention to revoke into consideration when drawing up their plans.
The Localism Bill was published on 14 December 2010 and can be viewed at http://services.parliament.uk/bills/2010-11/localism/documents.html.
The statement from the Secretary of State and the Government’s Chief Planner’s letter are available from the following links:
Following the Cala Homes decision on 10 November 2010 the Council continued with the publication of the Revised Core Strategy and comments relating to the decision were invited.
Last Updated: 17 October 2018