Apologies for absence were received from Councillors Bensly and Plant.

There were no declarations of interest declared at the meeting.

The Leader advised that he had not been made aware of any items of urgent business to be considered.

The minutes of the meeting held on the 9 September 2024 were confirmed as a true and accurate record.

Cabinet received and considered the Strategic Planning Manager's report.

Councillor Candon, Portfolio Holder for Economic Development and Growth presented the item to Cabinet.

Councillor Candon provided a summary of the report as follows :-

The Local Plan is a key policy document for the Council setting out the amount of development which needs to be planned for, where that development should go and how it should be delivered. It sets out planning policies which the Council will use to determine planning applications. It forms part of the ‘development plan’ for the area which the Council has a statutory duty to keep under review and up to date.

The new plan will be a single plan covering the strategy, site allocations and detailed policies. The plan will cover a period to 2041 to ensure a 15-year coverage of strategic policies on adoption in line with the National Planning Policy Framework (NPPF).

The new Local Plan has been under preparation since 2022 and has been through the following stages:

• Collation of evidence reports on housing need, employment land needs, transport, open space, infrastructure and viability.
• ‘Call for Sites’ consultation in Summer 2022.
• Local Plan Options Consultation in January and February 2023.
• First Draft Local Plan Consultation in March and May 2024.

Since the First Draft Local Plan Consultation, officers have been working with the Local Plan Working Party to refine the plan in light of comments received during the previous consultation. A Consultation Statement is attached (Appendix 3 to follow) which details how all comments raised to date have been considered and taken into account in the preparation of the Final Draft Local Plan. The Sustainability Appraisal (Appendix 4) also sets out how the plan has considered alternative options throughout its preparation. The key changes that have been made to refine the Final Draft Local Plan are set out in more detail under Section 2 of this report.

There has been a need to consider the preparation of the Final Draft Local Plan against the Government’s proposals to reform the planning system and changes to the National Planning Policy Framework (NPPF), which was announced on the 30th July 2024. The proposed reforms which were subject to consultation over the summer included revisions to the methodology for calculating housing need.

Fortunately, the proposals include transitional arrangements which allow plans to be prepared and examined under the existing NPPF and therefore the existing method for calculating housing need, which the plan has been prepared to. These transitional arrangements require plans to be published under regulation 19 (final draft plan) within one month of the final version of the new NPPF being published. The plan’s housing target also has to be within 200 homes of the new proposed requirement. It is expected that the new NPPF will be published before Christmas.

The final draft plan sets out a housing target of 380 homes per year (which equates to 6,460 over the plan period to 2041). This is approximately a 5% uplift on the current adopted Local Plan annualised housing requirement, and importantly, it will meet the transitional arrangements of the soon-to-be published NPPF.

It is therefore necessary to stick with the timetable for publication as set out in the Local Development Scheme (LDS) adopted in January 2024, with the exception of a further consultation which was originally proposed to consider gypsy and traveller accommodation, as the final draft local plan has sought to address those needs in accordance with national policy.

The Final Draft Local Plan will be published for a minimum of six-weeks’ representations period which is likely to be undertaken from the end of October or November 2024 (though the exact dates of consultation need to be confirmed and will be reliant upon the date for publication of the NPPF). Should the NPPF publication change, then the LDS can be updated accordingly. A consultation plan is provided in Appendix 13 setting out how the documents will be published and consulted.

In preparing the Final Draft Local Plan, there has been a need to undertake further work to update the Habitat Regulations Assessment (HRA) for the plan due to concerns raised during the previous consultation regarding air quality from increased traffic generation and the potential for impacts upon the borough’s designated nature conservation sites. This has required an update to the Local Plan’s transport modelling evidence base and the commissioning of an Air Quality Assessment to understand the full effects of the plan and extent of any mitigation (if required) through the HRA. The updated evidence base, including the final HRA is not expected to be completed until mid-October 2024. It is not currently expected that there will be any significant issues arising from this work.

As the remaining evidence on HRA matters is unlikely to be completed prior to Full Council for approval on the 17th October 2024,the report is requesting that officers have delegated authority to make necessary technical amendments to the Final Draft Local Plan (attached as Appendix 1 of this report) and Sustainability Appraisal (Appendix 4) following receipt of the final HRA report, as well as delegated approval to make other consequential minor amendments to policies, supporting text, the policies map and general formatting of the plan.

In addition to the final draft local plan, section 3 of the report sets out the proposals to publish and submit a Community Infrastructure Levy (or CIL) Draft Charging Schedule (please refer to Appendix 7 to the report). The levy is a mandatory charge, expressed in pounds per square metre of internal floorspace, which is levied on new development. Funds raised can be spent on the delivery of infrastructure to support the development in the Borough. This will replace Section 106 for most planning obligations (excluding affordable housing), but will not apply to those areas which will be ‘zero rated’ as set out in the draft charging schedule, where Section 106 will still be required to secure planning obligations.

The draft charging schedule is accompanied by a suite of supporting documents (including a draft Instalment Policy) which will also be published and consulted prior to submission for examination by an independent inspector. It is therefore proposed that the schedule is submitted together with the final draft local plan for examination at the same time.

Councillor Candon commented that in his opinion Great Yarmouth needs a new local plan in place to address the borough's changing needs and future growth. The current plan is likely outdated and doesn't reflect the economic, environmental, and demographic challenges that the area now faces. A new plan would allow the council to effectively manage land use, housing development, and infrastructure improvements, ensuring that Great Yarmouth remains a desirable place to live, work, and visit. Without a refreshed framework, development could become haphazard, leading to strained public services, environmental degradation, and missed opportunities for economic regeneration, particularly in tourism and renewable energy sectors, which are crucial for the region.

Councillor Candon further commented that he felt that the attempt by the local Member of Parliament to blame the council for the need to build more homes ignored the fact that housing targets are largely driven by central government legislation. The National Planning Policy Framework {NPPF) requires councils to meet housing demand, and without a new local plan, Great Yarmouth risks being forced into reactive decision ­making. Rather than blaming the council, he felt that the MP should be focused on how the government's policies, such as housing quotas and planning reforms, necessitate these developments. Holding the council accountable for something driven by national policy is misleading and unproductive, diverting attention from the real issue: the need for a collaborative approach to balancing housing growth with local needs.

Councillor Wells commented that he agreed with Councillor Candon in that without a refreshed plan development could become haphazard. He advised that with Yarmouth having no green belt policy without a plan in place this could lead to huge numbers of developments. 

Councillor Wells referred to the Links Road development within the plan in particular point (e) which made reference to highways issues and he asked with regard to the access issues for the site. The Head of Planning advised that this particular site had already been allocated as a 500 home site and therefore the revised policy was only upgrading the development. 

The Head of Planning advised that transport modelling had been completed on the plan which has taken into account all developments proposed in the plan and there had been no major issues suggested for any sites allocated within the plan.

The Leader advised that any concerns concerning particular application sites would be addressed at the point when applications are submitted to the Development Management Committee.

Councillor Williamson congratulated the Strategic Planning Team for their hard work in producing the plan and advised that is was possibly the best plan that he had seen since he had been a Councillor. He advised that the plan had been through a number of processes with Officers and Members and was a really important plan for Great Yarmouth and it economy.

Councillor Wainwright commented that there was a need to remember that the plan covered a period until 2041 and that every site contained within the plan would be required to go through a planning process and would be considered by the Planning Committee. He advised that he had taken particular exception to a number of comments that had been seen on social media regarding Councillors accepting brown envelope payments when it came planning decisions and encouraged Members who had received such comments to report these to the Monitoring Officer, CEO and the local police.

Councillor Wainwright stated that he fully supported the plan that had been out for consultation with Members, Officers and residents all being involved.

The Leader congratulated the Strategic Planning Team for their hard work in producing the plan.

The Leader here invited Mr J Wedon, to summarise any comments that he may have from Mr Lowe MP. Mr Wedon advised Cabinet that Mr Lowe MP was keen to meet with constituents to hear their views on the plan, he advised that Mr Lowe had made it clear that he did not support the Plan and that this was based on comments received from constituents.

The Leader commented on a number of social media posts that had been circulated with a number of comments attached to them, he advised that he felt the Mr Lowe should monitor the facebook site to ensure comments that are defamatory are removed. Mr Wedon advised that any comments which they were advised of being unsuitable would be looked into and asked that any evidence of these be sent through to him.

Councillor Wainwright advised that he understood Mr Lowe was not responsible for the comments, however he stated that the comments follow when a post is made and therefore that post should be monitored and comments which are defamatory in anyway should be removed.

Councillor Candon referred to a post recently made with regard to the plan whereby Mr Lowe had stated that Yarmouth was full, he reminded Members that the numbers had been placed on the Council from Central government and therefore felt that Mr Lowe's criticisms around the plan were only criticising Central government.

The Head of Planning provided Members with a summary of how the household projection is calculated and how the plan produces the numbers of housing it has.

Cabinet RESOLVED to RECOMMEND TO COUNCIL :

1. Approve the publication of the Final Draft Local Plan (Appendix 1) under Regulation 19 of the Town and Country Planning (Local Planning) Regulations 2012 (as amended) to receive representations in relation to soundness

2. Approve the publication of the Draft CIL Charging Schedule (Appendix 7) under Regulation 16 of the Community Infrastructure Levy Regulations 2010 (as amended) for consultation

3. Approve the consultation plan in Appendix 13

4. Delegate authority to the Head of Planning through consultation with the Cabinet holder to:

• Make necessary minor amendments to the Final Draft Local Plan (Appendix 1) following receipt of the habitat regulations assessment report and other factual and minor amendments to policies, supporting text and Policies Map prior to publication;
•  Make necessary minor amendments to the Sustainability Appraisal (Appendix 4) following receipt of the habitat regulations assessment report and other factual and minor amendments to policies and supporting text prior to publication;
• Submit the Final Draft Local Plan to the Secretary of State following the representation period, together with a request under Section 20(7C) of the Planning and Compulsory Purchase Act 2004 to request the Planning Inspector to recommend any main modifications necessary to make the plan sound;
• Work with the Inspector and participants of the examination to agree necessary main modifications under point 4ii) above and to make minor (“additional”) modifications to the plan as necessary
• Conduct a public consultation on any necessary main modifications to the plan (should they arise).
• Make any presentational, typographical and/or other minor (non-material) amendments to the CIL Charging Schedule (Appendix 7) and its supporting documents prior to consultation;
• Consider the representations made to the consultation, to make any relevant modifications, and then submit the draft CIL Charging Schedule (and supporting documents) for examination by an independent Examiner; and

5. Agree any further work and/or appropriate changes to the draft CIL Charging Schedule (and Instalment Policy) during the examination as the need may arise

Cabinet received and considered the Private Sector Housing Manager's report.

Councillor Wells, Portfolio holder for Environment and Sustainability, Licensing and Waste presented the report and provided Cabinet with a summary as follows :-

The council can impose civil financial penalties for a range of housing offences as an alternative to prosecution. To do this, the council must develop and document its own policy. Changes to the law, and the application of penalties to a wider range of offences means that the council’s current policy is out of date.

The use of civil financial penalties is a relatively new enforcement tool and, as it is adopted by more councils, is likely to lead to further case law. Proposed new legislation will apply penalties to new offences and be extended to existing offences such as illegal eviction and harassment. Because the policy may therefore need to be updated regularly due to minor changes due to case law or for example should a selective licensing scheme receive approval in the future, it is proposed that the ability to do this will be delegated to the Head of Service.

A new policy, based on a model developed by Justice for Tenants, is attached at Appendix 1. This addresses recent case law, making the penalties imposed by the council less open to a legal challenge. It also includes offences not covered by the previous policy.

The new policy takes a different approach because the methodology previously adopted by Great Yarmouth Borough Council and most other local authorities is no longer seen as best practice due to updated case law. The principal difference is that the seriousness of each offence is considered first and a ‘starting point’ specified. The penalty is then adjusted to take into account culpability and harm and any evidence provided through written representation by the offender. The starting point amounts in the proposed policy have been successfully applied by local authorities that have already introduced this approach and Justice for Tenants has advised that they are likely to be confirmed at this level either in future legislation or in government guidance. The council may choose to adjust them provided that the hierarchy from mild to very severe seriousness is maintained but this is not recommended.

The policy, along with the support in implementing it offered by Justice for Tenants, will significantly improve efficiency and consistency when imposing financial penalties. This is important because new legislation to be introduced in this session of Parliament is expected to create a statutory duty requiring local authorities to impose penalties or take prosecutions for an increased range of offences, so this activity is likely to increase.

This updated policy will ensure that the council has a policy that is in line with current case law and updated legislation and will improve efficiency and consistency when imposing financial penalties.

Councillor Wells commented that he felt this policy was really important and would prove beneficial when looking at the Selective Licensing Scheme.

Councillor Wainwright commented that he fully supported the policy.

Councillor Williamson commented that he felt the policy brought together lots of issues and allowed the Council to take action when required.

Councillor Flaxman-Taylor advised that she also fully supported the policy especially in terms of housing.

Cabinet RESOLVED to :

1. Approve the new Civil Financial Penalty Policy
2.   Grant delegated authority to the Head of Environment and Sustainability to amend the policy in light of emerging case law and changes to legislation in the future.

Cabinet received and considered the Head of Environment and Sustainability's report.

Councillor Wells, Portfolio holder for Environment and Sustainability, Licensing and Waste presented the report and provided Cabinet with a summary as follows :-

The Council’s Contaminated Land Strategy must be regularly reviewed and is due for renewal. The Strategy sets out how the Authority will inspect for, identify and address contaminated land within the Borough. The updated Strategy takes account of the latest national guidance relating to contaminated land.

Under Part 2A of The Environmental Protection Act 1990 Great Yarmouth Borough Council has a duty to produce a Contaminated Land Strategy and to review this as required. The aims of the Governments policy on contaminated land are

• To identify and remove unacceptable risks to human health and the environment;
• To seek to ensure that contaminated land is made suitable for its current use;
• To ensure that the burdens faced by individuals, companies and society are proportionate, manageable and compatible with the principles of sustainable development.

 Land may be contaminated for a number of reasons including naturally occurring contamination, however for Great Yarmouth the main cause of contaminated land issues will be as result of historic and current land uses. These can include:

• Industrial use such as ship building or foundries;
• Transportation hubs such as railway stations;
• Military use;
• Port related activities;
• Landfill.

The main route to address Contaminated Land is through the planning process. The Council maintains a database of potentially contaminated land based on historic use which is updated on a regular basis. Remediation of such land is secured through planning conditions and negotiations with the developer.

Where land is deemed as being contaminated the Borough Council must decide whether remediation options are reasonable taking into account a number of factors including the health and environmental impacts, practicability, costs and benefits.

The Strategy lays out the process of dealing with Contaminated Land which includes serving notice for remediation action, carrying out remediation works in default and voluntary action by the developer/owner.

Cabinet RESOLVED to RECOMMEND TO Council  :

1.       Approval of the document as Great Yarmouth Borough Council’s Contaminated Land Strategy.

Cabinet received and considered the Head of Strategic Housing’s report.

Councillor Flaxman-Taylor, Portfolio Holder for Housing, Health and Communities presented the report and provided a summary as follows :-

As the Local Housing Authority, Great Yarmouth Borough Council is responsible for producing an overarching housing strategy for the district. The housing strategy is a cross-tenure document which sets out the authority’s vision and objectives for meeting housing need and promoting a well functioning housing market. A revised housing strategy has been prepared, this is attached at Appendix I.

The housing strategy sets out a local authority’s vision and priorities for its district for all tenures and types of housing. The housing strategy is an overarching document which provides the strategic policy framework for all housing related strategies, policies and plans.

It is proposed to undertake public consultation for a period of four weeks. A range of stakeholders will be sent a copy of the draft housing strategy, this will include housing associations, private developers and private landlords.

Following public consultation the draft strategy will be considered in light of feedback received and a final draft will be presented to Cabinet for approval and adoption.

Cabinet RESOLVED to :

Approve the draft Housing Strategy attached at Appendix I for public consultation.

Cabinet RESOLVED :

"That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 of Part I of Schedule 12(A) of the said Act."