Agenda item

The Solicitor to the Council clarified the decision that the Council was being asked to take and how the 4 appendices were set out in the Council report pack.

Councillor Salisbury moved the item with an amendment to clarify the position around DPH7, noting that the wording under policy requirements in DPH7 on p155 of the Consultation Draft District plan, should be read “in the round” with DPI5 on p214. The  9th bullet point on p155 of the Council reports pack about re-provision of allotments will now read:

            “Secure the provision of an equal number of allotments in Burgess Hill in line      with Policy DPI5.”

He noted that the document had been considered by 4 cross-party workshops and 2 Scrutiny Committees, and endorsed by these groups to go out to a Regulation 18 consultation for stakeholders to put forward their comments. This was seconded by Councillor Ash-Edwards.

An amendment was proposed by Councillor Eggleston and seconded by Councillor Henwood. The amendment was to the start of first recommendation to include the wording:

             ‘Save for the removal of site DPH7 in the draft District Plan.’

In proposing, Councillor Eggleston highlighted the fragile nature of the lease arrangement between Burgess Hill Town Council and Network Rail regarding the site which is used for allotments. Noting that the Town Council allotment sites are set out in the Neighbourhood Plan, he acknowledged that the Town Council has a statutory duty to provide allotment sites but has no land of its own. Should Network Rail not renew the lease, there would be no requirement for allotments to be re-provided and it would represent a loss of 24% allotment sites with no alternative provision available.

In seconding the amendment, Councillor Henwood noted that the methodology for all sites was approved but that Burgess Hill Station was not addressed specifically in the working groups. She also drew attention to the need to support the health and wellbeing policies of the Council noting that allotments have a significant impact for residents in this regard. There are 63 allotments on this site with an extensive waiting list and no alternative option within 20 minutes’ walk.

Significant discussion was held on the amendment. Several Members agreed with its sentiment, noting that allotments were important for the community in terms of health, wellbeing and supporting the ability to grow local produce. Two Members requested that alternative allotment sites are urgently sought, and residents are kept informed of the proposed alternatives, reiterating both the human impact, and effect on wildlife of the potential allotment loss.

Discussion was held on the impact of the amendment on the oversupply for resilience. The Cabinet Member acknowledged Councillor Eggleston’s position but noted that removing the site would take 300 properties out of the Draft Plan, leaving an excess of only 2. It also gives the potential for those 300 properties to be built on greenfield land, both of which are not acceptable. He noted that the site is not a statutory allotment site, it is brownfield land, and the landowner could at any point terminate the lease and do whatever they wish with the land. The Cabinet Member’s original motion provides instruction on what can be done in this instance.

A point of order was raised by Councillor Eggleston to clarify the position regarding the 300 units. He noted that 100 are allocated in the Burgess Hill Neighbourhood plan so it is only an increase of 200 on the station site.

Prior to a vote on the amendment, the Leader concluded by acknowledging that the discussion is regarding ways that the allotments can be protected for Burgess Hill residents. The amendment would take out the site but does not offer any protection whereas the original motion would introduce a policy requirement that any development would require a reprovision of allotments at the planning application stage.

A recorded vote was requested with five supporting Members. The Chairman took Members to a recorded vote on the amendment which was lost with 19 in favour, 25 against and 2 abstentions.

An amendment was proposed by Councillor Brown and seconded by Councillor Eves. The amendment was to the Resolution of Agenda item 7.4.1 to replace ‘6’ with ‘9’ so that the resolution reads:

'Approve the following documents for Regulation 18 consultation for a period of 9 weeks commencing 7th November 2022.'  

In proposing the amendment Councillor Brown noted that it allows an extended opportunity for the public, stakeholders and third tier Local Authorities to  consider the plan.

Discussion was held on the pros and cons of extending the timeline. The Cabinet Member noted that 6 weeks is the statutory timeframe for consultations, and this is reflected in the Council’s adopted statement of community involvement. There has only been one request for a 12-week consultation process from the CPRE and in previous 6 week long consultations, no one has written in to complain about the timeframe. He noted that 2000 comments were made by over 1300 respondents on the Site Allocations Development Plan Document and there are a range of mechanisms set out in Appendix 4 that the Council uses for engagement. There will also be a further consultation at the Regulation 19 stage.

In seconding the amendment Councillor Eves noted that it was a compromise to the 12 week extension proposed at the Scrutiny Committee and a chance for people to consider the plan over the Christmas period.

The Chairman took Members to a vote on the amendment which was lost with 16 in favour, 25 against and 3 abstentions.

Discussion resumed on the substantive motion, focussing on policies DPN1 and DPN2 (biodiversity and biodiversity net gain) and the extent to which the Council has completed mapping the ecology of the District. The Cabinet Member for Economy and Net Gain noted that Sussex Nature Partnership has been identifying and mapping areas in the District where nature recovery could be focussed. This will build on the historic mapping of priority habitats, green infrastructure, and Biodiversity Opportunity Areas (BOAs). The benefit of the Sussex Nature Partnership carrying out this mapping is that there will be a strategic approach across both East and West Sussex and because of  this the Council does not need to commission the work originally anticipated in the Sustainable Economy Strategy. He also noted that work is beginning on the emerging Local Nature Recovery Strategy which will be co-ordinated across West and East Sussex County Council and the Sussex Nature Partnership and provide opportunity for local consultation and engagement going forward.

Discussion was also held on the traffic implications,  infrastructure requirements and urban planning and the need to engage with communities over their needs for housing.

In seconding the original motion, the Leader noted that the consequence of carrying out the District Plan review is significant and gives the community control over what development takes place as opposed to leaving it open to unscrupulous developers and it gives the Council the ability to bring in more up to date policies.

The Chairman took Members to a vote on the recommendations as set out in the report which were approved.

RESOLVED

Council:

I.          Approved the following documents for Regulation 18 consultation, for a period of 6 weeks commencing 7th November 2022:

(a)        Consultation Draft District Plan (Appendix 1) (as amended with the 9th bullet point on p155, 9th bullet point to read “Secure the provision of an equal number of allotments in Burgess Hill in line with Policy DPI5.”)

(b)        Sustainability Appraisal (Appendix 2)

(c)        Habitats Regulations Assessment (Appendix 3)

II.         Approved the Community Involvement Plan (CIP) (Appendix 4)

III.        Authorised the Assistant Director for Planning and Sustainable Economy, in consultation with the Cabinet Member for Planning, to make any necessary minor typographical and factual changes to the above documents prior to consultation.

Councillor Andrew Lea left the meeting prior to the next item.