Issue - meetings

To consider a report of the Executive Councillor (Economic Development & Regeneration).

The Executive Councillor (Economic Development & Regeneration) (Councillor Iain Roberts) submitted a report (copies of which had been circulated) detailing proposals to establish the Woodford Neighbourhood Forum and Woodford Neighbourhood Area under the provisions of The Localism Act 2011.

RESOLVED (51 for, 10 against) – (1)That approval be given to the designation of the Woodford Neighbourhood Area as shown on the plan in Appendix E to the report, excluding both the SEMMMS road scheme corridor and the Woodford Aerodrome Opportunity Site, as the Woodford Neighbourhood Area, on the following grounds:-

In relation to the SEMMMS Road Scheme Corridor

·         The road scheme was a key part of the wider South East Manchester Multi-Modal Strategy, with clear implications for the wider sub-region and beyond.

·         The SEMMMS road schemes (and predecessor schemes dating back many years) had been given considerable policy support in both statutory development plan and Council transport policy terms.  Currently this was afforded by ‘saved’ UDP Review policy ST2.2 (“Protection for Major Road Schemes”) and Core Strategy Core Policy CS10 (“An Effective and Sustainable Transport Network”).

·         A planning application was expected for the road scheme imminently. Assuming that planning permission was granted, work was expected to start in late 2014, with the scheme scheduled for completion by late 2017.  As such the planning issue relating to the SEMMMS road scheme would be resolved through the grant of permission and development commenced well in advance of the completion of any neighbourhood plan.

·         The road scheme proposals had been subject to a significant amount of consultation over a long period, in particular since their inclusion in the 2001 SEMMMS strategy.

In relation to the Woodford Aerodrome Opportunity Site

·         The aerodrome site had been the subject of express policy and guidance within the adopted development plan.

·         The site was recognised in the Core Strategy as having borough wide dimension and significance.

·         The site was the subject of a detailed Supplementary Planning Document (SPD) recently adopted by the Council which set out the economic, social and environmental objectives arising from relevant development plan policies.  The SPD had been the subject of substantial consultation, well above and beyond that required by statute. The introduction of a further level of planning policy through a neighbourhood plan had the potential to cut across the guidance in the SPD.

·         The aerodrome site and its development was likely to generate planning consequences which were not limited to Woodford and may well be of Borough or wider significance.  As such, any referendum on an emerging neighbourhood plan would be likely to be required to extend over a much wider area than the settlement of Woodford and the proposed Neighbourhood Area.  This was indicative that the inclusion of the site within the Neighbourhood Area was not appropriate.

·         A planning application was likely to be forthcoming imminently for development of the site.  As such the progress of a neighbourhood plan which included the site through its statutory stage was likely to give rise to considerable wasted expense given that the planning applications were likely to be submitted and to fall for determination before the neighbourhood plan was substantially progressed.

(2) That approval be given to the designation of Woodford Neighbourhood Forum as the neighbourhood forum for the Woodford Neighbourhood Area.

To consider a report of the Executive Councillor (Economic Development & Regeneration)

The report sets out the implications of applications submitted by Woodford Community Council seeking to establish the Woodford Neighbourhood Forum and Woodford Neighbourhood Area under the provisions of the Localism Act 2011. The report also seeks the Council’s determination of those applications.

(1) The Executive is asked to determine, in the light of the information contained within this report and the views of the Environment & Economy Scrutiny Committee and the Bramhall & Cheadle Hulme South Area Committee, which of the following options should be commended to the full Council meeting:

a)    approve designation of the area shown on the plan in Appendix D as the Woodford Neighbourhood Area.  The recommended area excludes the SEMMMS road scheme corridor but includes the Woodford Aerodrome Opportunity Site; or

b)   approve designation of the area shown on the plan in Appendix E as the Woodford Neighbourhood Area.  The recommended area excludes both the SEMMMS road scheme corridor and the Woodford Aerodrome Opportunity Site.

(2) Subject to having regard to the views of the Environment & Economy Scrutiny Committee and the Bramhall & Cheadle Hulme South Area Committee, the Executive is recommended to approve the designation of Woodford Neighbourhood Forum as the neighbourhood forum for the Woodford Neighbourhood Area.

Officer contact: Richard Wood, 0161 474 4386, richard.wood@stockport.gov.uk

The Executive Councillor (Economic Development & Regeneration) submitted a report (copies of which had been circulated) inviting the Executive Meeting to consider an application received from Woodford Community Council to establish the Woodford Neighbourhood Forum and Woodford Neighbourhood Area in accordance with the provisions of the Localism Act 2011. The report set out the legal background to the applications, details of consultation responses, and other matters pertinent to the determination of the application. The views of the Bramhall & Cheadle Hulme South Area Committee and the Environment & Economy Scrutiny Committee were also reported.

The Leader of the Council clarified that the following additional documents had been circulated:-

·         excerpts of recently published National Planning Policy Guidance relating to neighbourhood planning;

·         a letter from Harrow Estates’ Legal Director;

·         legal advice provided to Woodford Community Council;

·         a further letter on behalf of Woodford Community Council detailing their counsel’s view of the letter from Harrow Estates; and

·         a letter from Poynton with Worth Town Council.

The Leader of the Council further clarified that the report had also been re-circulated with a correction of the minor formatting error that had resulted in changes to the paragraph numbering.

The Executive Councillor (Economic Development & Regeneration) acknowledged the arguments put forward by the Woodford Community Council for the inclusion of the Woodford Aerodrome Opportunity Site in the Neighbourhood Area (including the legal advice they had received) and the support for this position from local councillors, the local MP and bodies from neighbouring areas. He also acknowledged the arguments put forward by the owners of this site for its exclusions from the Area.

The Executive Councillor stated that the Council had sought its own legal advice and he was satisfied that the relevant legislation and guidance granted the Council broad discretion in determining applications of this nature, and that it was a matter of judgement for the Council whether or not any given site was appropriate for designation. The Executive Councillor stated that having considered all the information in detail, and having regard to all material factors arising in respect of the land, he was advising the Executive that it recommend that the Council Meeting approve the Neighbourhood Area as proposed, but with the exclusion of the SEMMMS corridor and the Woodford Aerodrome Opportunity Site as they were not considered appropriate for inclusion in the designation. The Executive Councillor set out the reasons for this, in addition to those already contained in the report.

RESOLVED – That the Council Meeting be recommended to approve the application for the designation of a Woodford Neighbourhood Area and the creation of Neighbourhood Forum in accordance with the plan shown at Appendix E of the report, excluding the SEMMMS Road scheme corridor and the Woodford Aerodrome Opportunity Site, on the following grounds:-

(In relation to the SEMMMS Road Scheme Corridor)

·         The road scheme was a key part of the wider South East Manchester Multi-Modal Strategy, with clear implications for the wider sub-region and beyond.

·         The SEMMMS road schemes (and predecessor schemes dating back many years) had been given considerable policy support in both statutory development plan and Council transport policy terms.  Currently this was afforded by ‘saved’ UDP Review policy ST2.2 (“Protection for Major Road Schemes”) and Core Strategy Core Policy CS10 (“An Effective and Sustainable Transport Network”).

·         A planning application was expected for the road scheme imminently. Assuming that planning permission was granted, work was expected to start in late 2014, with the scheme scheduled for completion by late 2017.  As such the planning issue relating to the SEMMMS road scheme would be resolved through the grant of permission and development commenced well in advance of the completion of any neighbourhood plan.

·         The road scheme proposals had been subject to a significant amount of consultation over a long period, in particular since their inclusion in the 2001 SEMMMS strategy.

(In relation to the Woodford Aerodrome Opportunity Site)

·         The aerodrome site had been the subject  ...  view the full minutes text for item 11

To consider a report of the Corporate Director for Place Management and Regeneration.

The report outlines the applications submitted by Woodford Community Council seeking to establish the Woodford Neighbourhood Forum and Woodford Neighbourhood Area under the provisions of The Localism Act 2011.

The Scrutiny Committee is recommended to:-

(1) With regard to the designation of the Woodford Neighbourhood Area, comment on which of the following options should be recommended to the Executive for commendation to the full Council Meeting:

(i)         Designate the Area shown on the plan in Appendix D which excludes the SEMMMS road scheme corridor but includes the Woodford Aerodrome Opportunity Site; or

(ii)        Designate the Area shown on the plan in Appendix E which excludes both the SEMMMS road scheme corridor and the Woodford Aerodrome Opportunity Site.

(2) With regard to the designation of the Woodford Neighbourhood Forum, comment on the approval, or otherwise, of the designation of Woodford Neighbourhood Forum as the neighbourhood forum for the Woodford Neighbourhood Area.

Officer contact: Richard Wood on 474 4386 or email: richard.wood@stockport.gov.uk

The Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) outlining the applications submitted by Woodford Community Council seeking to establish the Woodford Neighbourhood Forum and Woodford Neighbourhood Area under the provisions of The Localism Act 2011.

The Executive Councillor (Economic Development and Regeneration) (Councillor Iain Roberts) attended the meeting to respond to Members’ questions.

The Corporate Director for Place Management and Regeneration reported that although the Council had broad discretion as to the area to be designated as a Neighbourhood Area, the Department for Communities and Local Government had advised the Council that the starting point for determining the Neighbourhood Area application should be a presumption in favour of the geographic area as applied for. However, notwithstanding this presumption, the Area Committee was informed that it needed to be mindful of recent case law, with specific regard to R (Daws Hill Neighbourhood Forum) v Wycombe District Council and others [2013] that identified a number of considerations to which it was legitimate to have regard in considering an application for the designation of a Neighbourhood Area, including possible areas of exclusion from the Neighbourhood Area sought to be designated.

It was noted that with regard to the application to establish the Woodford Neighbourhood Area similar considerations to those in the ‘Daws Hill case’ arose in respect of whether two specific parts of the proposed Woodford Neighbourhood Area should be included in the

area that the Council designated, namely:-

•           the corridor of land required for the construction of the proposed SEMMMS road scheme (both the A6 to Manchester Airport and Poynton Bypass elements); and

•           the Woodford Aerodrome Opportunity Site (former BAe Systems site).

In respect of the land required to construct the SEMMMS road scheme, the applicants had indicated that they did not have any issue with the Council determining to exclude the corridor of land required for construction of the SEMMMS road schemes from the Neighbourhood Area if it wished to do so.

The Corporate Director for Place Management and Regeneration reported that the applications had also been considered at an Extraordinary Meeting of the Bramhall and Cheadle Hulme South Area Committee held on 13 September 2013 when it had been:-

‘RESOLVED – (One abstention) That in the light of:-

(i)         the advice received from the Department for Communities and Local Government that the starting point for determining the Neighbourhood Area application should be a presumption in favour of the geographic area as applied for;

(ii)        the strong history of active participation by the Woodford Community Council in helping shape and drive the community of Woodford; and

(iii)       to ensure that any Woodford Neighbourhood Forum had the necessary tools and remit to affect the future of the whole of the community of Woodford;

the Executive be recommended to request that the Council Meeting give approval to:-

(1) The designation of the area shown on the plan attached to the report at Appendix D, which excludes the SEMMMS road scheme corridor but includes the Woodford Aerodrome Opportunity Site, as the Woodford Neighbourhood Area.

(2) The designation of the Woodford Neighbourhood Forum as the neighbourhood forum for the Woodford Neighbourhood Area’.

The comments and recommendations of the Area Committee and the Scrutiny Committee would be forwarded to the Executive as part of its deliberations on the applications at its meeting on 1 October 2013. The Executive would be requested to make its recommendations to the 17 October 2013 Council Meeting which would make the final determination of the applications.

With the consent of the Committee, Mr Stephen Taylor (Woodford Community Council), was invited to address the Committee and, in response to questions from councillors, elaborated on the reasons for wishing to establish the Woodford Neighbourhood Forum. The proposed development on the Woodford Aerodrome Site would have a significant impact on the local community in Woodford and it was felt that the Neighbourhood Forum  ...  view the full minutes text for item 6