Mid Sussex District Council has launched a legal challenge against the Secretary of State for Housing, Communities and Local Government after being advised by the Planning Inspectorate that it is considering failing the area’s District Plan.
After examination of the Plan in November, the Council has waited five months to hear from the Inspector.
The Inspector’s findings are that the Council has failed in its Duty to Cooperate with neighbouring Councils, simply because it did not say specifically which neighbouring Councils would benefit from the 1,000 additional houses Mid Sussex will build to help them meet their housing needs.
The Council considers this to be an extraordinary response to a technical matter that could easily be remedied another way.
Mid Sussex is the only council in West Sussex to meet its housing targets, whilst also agreeing to build extra houses to help its neighbours, Horsham and Crawley.
The Council has also delivered an unprecedented number of new houses in recent years – over 1,000 per year.
The effect of the Inspector’s findings could be to leave Mid Sussex unprotected from speculative development. This is because, if the Council followed the Inspector’s findings, it would need to start its plan making from scratch. This would take at least 30 months and over £1m. Mid Sussex is due to be dissolved, under the Government’s plans for reorganisation, in 2028.
It is for these reasons that the Council feels it must legally challenge the Inspector’s views.
The Leader of Mid Sussex District Council, Cllr Robert Eggleston (Liberal Democrat) said:
“Mid Sussex has drawn up its Plan following the advice of very senior planning lawyers and advisors, so we are understandably amazed at the Inspector's rationale.
“It is extraordinary that the Inspector has ignored the evidence we provided. The same evidence that has previously satisfied other Inspectors.”
This view is backed by the Leader of the Conservative Group, Cllr Marsh who said:
“I have a lot of experience of planning, and this has left me speechless. Our Plan was well supported by our communities, neighbouring councils, and many leading house builders. This is deeply worrying.”
Mid Sussex District Council started work on updating the area’s District Plan in 2021. It guides the use of land and development across Mid Sussex until 2039.
“The practical effect of the Inspector's conclusions are that the District will not be able to defend itself against speculative, opportunistic planning applications. This is against everything we believe,” added Cllr Marsh.
"Plan-led housing growth is the proper way to do things; not like this. The Inspector could have modified our Plan at the next Stage to remedy the technical issue identified. This approach is irrational and disproportionate."
Mid Sussex District Council has sought independent advice and will be challenging the Inspector's decision, which has taken an exceptional five months to be delivered.
Cllr Eggleston said: “We are left with no choice. We must protect Mid Sussex from unplanned, speculative development.
“We have worked diligently for many years to undertake the work thoroughly and in accordance with government guidance and the law. The Inspector's ill-founded conclusions are a slap in the face for proper Plan making and the patient, careful work needed to build consensus amongst communities and with our partners.”
ENDS
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Notes to editors:
District Plans: District Plans (also known as Local Plans) are used by Councils and developers to guide the long-term use of land and development in a district to ensure growth and development is planned and in line with planning policy. They provide long-term certainty for the community and infrastructure providers on where growth will occur and when.
Mid Sussex’s District Plan: Mid Sussex’s current District plan was finalised and agreed by Full Council to be used (known as adopted) in 2018 and guides the use of land and development in the Mid Sussex area from 2014 up until 2031.
It is a legal requirement to review and update the District Plan every five years. Work commenced in 2021 to review, and where necessary, update the District plan to provide a guide through to 2039.
The updated Plan was submitted to the Secretary of State in July 2024, following local consultation, which was held in November/December 2022 and January/ February 2024. In October 2024, the Inspector started the Examination in Public – a series of hearings held to explore the information within the Plan and to hear views from a range of stakeholders. Full details of the Council’s District Plan, together with correspondence relating to this matter, can be found at: District Plan Review - Mid Sussex District Council .
The technical issue the Inspector has found with the current draft Plan would normally be rectified through a Modification which the Inspector can direct the Council to make. This is the normal way of dealing with these matters because it doesn’t slow down the process of making the Plan.
Mid Sussex District Council has an exemplary record of Plan Making and housing delivery. In 2023 another Planning Inspector said: ". … it is clear that Mid Sussex has a history of housing delivery, and it is not an area with a record of persistent under delivery... " and ‘Overall, I find that the Council has taken and continues to take a proactive approach to housing delivery at both plan making and decision making’.
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